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: Jas. P. Harrison Co. 18800000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1880-81. 18800000 18810000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GA.: Jas. P. Harrison Co., Printers. 1881.

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TABLE OF TITLES. PART I.PUBLIC LAWS. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CONSTITUTION. Title IV.CODE. Title V.COUNTY OFFICERS. Title VI.EDUCATION. Title VII.MILITARY. Title VIII.CONVICTS. Title IX.JUDICIARY. Title X.MISCELLANEOUS. PART II.CORPORATIONS. Title I.BANK AND INSURANCE COMPANIES. Title II.RAILROAD AND CANAL COMPANIES. Title III.STEAMBOAT COMPANIES. Title IV.TELEGRAPH AND TELEPHONE COMPANIES. PART III.LOCAL LAWS. Title I.MUNICIPAL CORPORATIONS. Title II.SUPERIOR COURTS. Title III.COUNTY OFFICERS. Title IV.COUNTY AND CITY COURTS. Title V.GAME. Etc. Title VI.LIQUORS. Title VII.ROADS AND BRIDGES. Title VIII.FENCES AND STOCK. Title IX.MISCELLANEOUS. PART IV.PRIVATE LAWS. PART V.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1880-81. Part I.Public Laws. TITLE I. APPROPRIATIONS. ACTS. For Support of Government 1881-82. For Deaf and Dumb Asylum. For I. Y. Sawtell. For Enlarging Lunatic Asylum. To Provide Free Tuition in State University. For Academy for the Blind. To Refund Taxes to the Home Insurance Company of New York. To Refund Taxes to Underwriters' Agency of New York. For University of Georgia to rebuild North Georgia College. To Refund Taxes to Franklin Insurance Company of Philadelphia. To Refund Taxes to Insurance Company of North America. To Refund Taxes to Niagara Fire Insurance Company of New York. To pay Bond 225, Issued under Act of Feb. 27th, 1856, to Executor of Jno. P. Gittings. To Refund Taxes to Atlantic Fire Insurance Company of New York. To Refund Taxes to Girard Fire Insurance Company of Pennsylvania. To Refund Taxes to Fire Association of Philadelphia. To Refund Taxes to American Fire Insurance Company, of Philadelphia. To Refund Taxes to Williamsburg City Insurance Company of New York. To Refund Taxes to Lorillard Fire Insurance Company of New York. To Refund Taxes to Continental Insurance Company of New York. To Refund Taxes to German American Insurance Company of New York. To Refund Taxes to Pennsylvania Fire Insurance Company.

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To Refund Taxes to Manhattan Fire Insurance Company of New York. To Refund Taxes to Ph[UNK]nix Insurance Company of Brooklyn. To Refund Taxes to Westchester Fire Insurance Company of New York. To Purchase Books for State Library. To Change Fiscal Year, and Appropriale Money for Period not Covered by General Appropriation Act. For Balance of Salary of Wm. W. Holt. For Repairs of Public Buildings at Milledgeville. To Deaf and Dumb Asylum for New Building, Repairs, etc. For Appropriations in Addition to those in General Appropriation Act of 1880. To Cook, VanDyke Cook, and N. J. Hammond, Attorneys. FOR THE SUPPORT OF GOVERNMENT1881-82. No. 37. An Act making appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years eighteen hundred and eighty-one and eighteen hundred and eighty two: Section I. Be it enacted by the General Assembly of the State of Georgia , That the following sums of money be, and the same are hereby, appropriated, per annum, for the fiscal years 1881 and 1882, to the persons, and for the purposes, respectively, hereinafter mentioned: Appropriations for the years 1881-2. For the salary of the Governor of the State, three thousand dollars. SalariesGovernor. For the salary of the Secretary of the State, two thousand dollars. Secretary of State. For the salary of the Comptroller General, two thousand dollars. Comptroller General. For the salary of the State Treasurer, two thousand dollars. State Treasurer. For the salary of the Attorney-General, two thousand dollars. Attorney General. For the salary of the State Librarian, one thousand dollars. Librarian. For total compensation of the secretaries, messenger and clerical force in the Executive Department, six thousand dollars. Secretaries of the Executive Department. For the salary of the Clerk of the Secretary of State one thousand dollars. Clerk Secretary of State. For compensation of clerks in Comptroller-General's Department, including the Insurance Department and the clerk in the Wild Land Office, four thousand dollars. Clerical Expenses. Comptroller General's Office For the salary of the clerk of the State Treasurer, sixteen hundred dollars. Clerk State Treasurer. Sec. II. Be it further enacted by the authority aforesaid That, for compensation of the President of the Senate and the Speaker of the House of Representatives, seven dollars per diem, each, during the session of the General Assembly, and mileage at ten cents per mile, by the nearest practicable way, in going to and returning from the capital. Per Diem and Mileage President of Senate and Speaker of House.

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For compensation of the members of the General Assembly during the session, four dollars per diem, each, and the same mileage as allowed the President of the Senate and Speaker of the House of Representatives. Per Diem and Mileage Members of the General Assembly. For compensation of the Secretary of the Senate the sum of sixty dollars per diem, for this session, out of which sum he shall pay the entire clerical expenses of the Senate for the session as provided by Act approved October 8th, 1879. Secretary of Senate. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem for this session, out of which he shall pay the entire clerical expenses of the House of Representatives for the session, as provided by Act approved October 8th, 1879. Clerk of the House. For compensation of the Door-keeper of the Senate, Door-keeper of the House of Representatives, Messenger of the Senate and Messenger of the House of Representatives, each, four dollars per diem, and the same mileage as that received by members of the General Assembly. Compensation of Officers and Employes of the Legislature. For compensation of one Gallery-keeper for the Senate, and of two Assistant Door-keepers and one Gallery-keeper for the House of Representatives, four dollars per diem, each. For the compensation of the Chaplain of the Senate and of the House of Representatives, each, one hundred dollars. Chaplains of Senate and House. For compensation of two Porters for the Senate and four for the House of Representatives, for sweeping and cleaning hall and galleries of the Senate and House of Representatives, and attendance on committees, two dollars per diem, each. Porters of Senate and House. For compensation of two Pages for the Senate, and four Pages for the House of Representatives, one dollar and fifty cents per diem, each. Pages and Attendants of Senate and House. For compensation of three Attendants for the Senate and House of Representatives, for services in keeping and cleaning the water-closets at the capitol, during the session, one dollar and fifty cents per diem, each. Appropriations for Judicial Department. Sec. III. Be it further enacted by the authority aforesaid , That the appropriations for the Judiciary Department shall be as follows: Judges of the Supreme Court. For the salaries of the Judges of the Supreme Court, three thousand dollars, each, per annum. For the salary of Judges of the Superior Courts, two thousand dollars, each, per annum, except those Judges appointed prior to the adoption of the present Constitution, who shall be paid at the rate of twenty-five hundred dollars per annum, up to the expiration of their terms. Judges of the Superior Courts. For the salaries of Solicitors-General of the several Circuits, two hundred and fifty dollars, each, per annum. Solicitors General. For the salary of the Reporter of the Decisions of the Supreme Court, one thousand eight hundred and nineteen dollars and fortyfive

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cents, for the fiscal year 1881, and the sum of two thousand dollars for the fiscal year 1882. Supreme Court Reporter. For the compensation of the Clerk of the Supreme Court, for printing, stationery, purchasing record books, and binding the opinions of the Court, five hundred dollars, (or so much thereof as may be necessary) per annum. Clerk of the Supreme Court. Sec. IV. Be it further enacted by the authority aforesaid , That the appropriations for the support of the Public Institutions be as follows: Appropriations for Support of Public Institutions. For the support and maintenance of the Academy for the Blind, and for salaries of its officers, for the fiscal year 1881, five thousand six hundred and sixty-one dollars and sixteen cents, in addition to the unexpended balance or six thousand three hundred and thirty-eight dollars and eighty-four cents remaining from previous appropriations; and for the fiscal year 1882, the sum of twelve thousand dollars, or so much thereof as may be necessary. Academy for the Blind. For the support and maintenance of the Academy for the Deaf and Dumb, and pay of its officers and attaches, for the fiscal year 1881, eleven thousand two hundred and fifty dollars, in addition to the unexpended balance of three thousand seven hundred and fifty dollars remaining from previous appropriations; and for the fiscal year 1882, the sum of fifteen thousand dollars, or so much thereof as may be necessary. Institute for the Deaf and Dumb. For the support and maintenance of the State Lunatic Asylum for the fiscal year year 1881, sixty-eight thousand five hundred and thirty-one dollars and sixty-fourcents, in addition to the unexpended balance of forty-one thousand four hundred and sixty-eight dollars and thirty-six cents, remaining from previous appropriations; and for the fiscal year 1882 the sum of one hundred and ten thousand dollars, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees; and the Governor is authorized to make monthly, a safe advance to cover the cost of supplies and incidental expenses for said Asylum: Provided , that the Governor shall require of the Superintendent and Resident Physician an itemized statement, monthly, of all the expenditures, which statement shall be approved by a quorum of the Board of Trustees of said Asylum. State Lunatic Asylum. For State University, at Athens, the sum of eight thousand dollars per annum. State University. For University for the colored people located at Atlanta, eight thousand dollars per annum. Atlanta University. For payment of the interest known as the Land Scrip Fund and due the University of Georgia, six thousand three hundred and fourteen dollars and fourteen cents per annum. Land Scrip Fund to State University. Sec. V. Be it further enacted by the authority aforesaid , That the appropriations to pay the recognized debt of the State be as follows: Appropriations for Public Debt

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To pay the principal falling due in eighteen hundred and eighty one, two hundred thousand dollars, and to pay the interest falling due in eighteen hundred and eighty-one, six hundred and sixty-five thousand four hundred and fifteen dollars; making total appropriation to pay said debt for 1881, eight hundred and sixty-five thousand four hundred and fifteen dollars. Principal and Interest falling due in 1881. To pay principal falling due in eighteen hundred and eighty-two, one hundred thousand dollars; and to pay the interest falling due in eighteen hundred and eighty-two, six hundred and fifty-four thousand four hundred and fifteen dollars, making total appropriation to pay said debt for 1882, seven hundred and fifty-four thousand four hundred and fifteen dollars. Also such amount as may be necessary to pay principal of four per cent. bonds of this State, issued under an Act approved December 14th 1878, which the Treasurer, with the approval of the Governor, is hereby authorized to pay off and retire, whenever the condition of the Treasury will justify such payment. Principal and Interest falling due in 1882. For Four per Cent. Bonds. Sec. VI. Be it further enacted by the authority aforesaid , That the appropriation for miscellaneous purposes be as follows: Miscellaneous AppropriationsSalaries of Trustees of Lunatic Asylum. For salaries of the Trustees of the Lunatic Asylum, each, three hundred dollars per annum. For salaries of the Principal Keeper and of the Physician of the Penitentiary, each, two thousand dollars per annum, to be paid from the money received for hire of convicts. Principal Keeper and Physician of Penitentiary To defray the expenses of the Principal Keeper and of the Physician of the Penitentiary in visiting the various convict camps, eight hundred dollars, to be paid out of the money received for the hire of convicts, said expenses to be submitted in an itemized account to the Governor for his approval. For Expenses of Principal Keeper and Physician of Penitentiary, in visiting Convict Camps. For salary of the Resident Physician of the Lunatic Asylum, twenty-five hundred dollars per annum. Salary of Resident Physician. For salaries of the Railroad Commissioners, twenty-five hundred dollars, each, per annum. Railroad Commissioners. For salary of the Clerk of the Railroad Commissioners, twelve hundred dollars, per annum. Clerk of Railroad Commission. For repairs of the Public Buildings, to purchase coal, wood, gas and furniture, for the Executive Mansion and the various Departments of State; for the Insurance of the Public Buildings and property, to pay the hire of guards, engineer, servants and general incidental expenses, the sum of eight thousand three hundred dollars per annum, or so much thereof as may be necessary; of which sum eight hundred dollars shall be paid to the Keeper of Public Buildings and Grounds as a salary, per annum. This appropriation to be expended under the direction of the Governor. For Repairs, Insurance, Servants, etc., for Public Buildings. Salary of Keeper of Public Buildings. To fit up the old Post-office room for the Agricultural Department, five hundred dollars, or so much thereof as may be necessary. To fit up room for Agricultural Department.

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For the Contingent Fund, seventy-five hundred dollars per annum, or so much thereof as may be necessary. For Contingent Fund. For the Printing Fund, eight thousand dollars per annum, or so much thereof as may be necessary. For Printing Fund. To pay the bill for stationery furnished the General Assembly for this session, five hundred and eighty-nine dollars and forty cents, or so much thereof as may be necessary. Stationery and Incidental Expenses of the General Assembly. To pay the incidental expenses of the General Assembly, to be paid out on an itemized account presented to the Governor by the Secretary of the Senate and Clerk of the House, fifty dollars, each. For the contingent expenses of the Railroad Commissioners, five hundred dollars, or so much thereof as may be necessary. Contingent Expenses of the Railroad Com'rs. To pay Goetchius Chappell for seven hundred copies of the State constitution with analytical Index, ordered by the General Assembly for the use of members, one hundred and seventy-five dollars. Goetchius and Chappell for State Constitution with Analytical Index. To pay J. P. Harrison, late Public Printer, on account of balance due him in excess of appropriation for the fiscal year 1880, four thousand and twenty-six dollars and ninety-eight cents. For Balance due Public Printer for Fiscal Year 1880. To pay balance due the following newspapers, for printing the schedules of just and reasonable rates and the revisions thereon, to and including Circular (No. 10)To the the Atlanta Constitution , six hundred and three dollars and eighty cents; to the Augusta Chronicle and Constitutionalist , five hundred and sixty-six dollars and ten cents; to the Albany Advertiser , five hundred and forty six dollars and seventy-five cents; to the Columbus Enquirer-Sun , five hundred and sixty-six dollars and ten cents. To the Macon Telegraph and Messenger , five hundred and sixty-six dollars and ten cents; to the Rome Courier , five hundred dollars, and to the Savannah News , five hundred and sixty-six dollars and ten cents, making a total sum of three thousand nine hundred and fourteen dollars and ninety-five cents. For Balance due Various Newspapers for Printing Schedules of Railroad Commission. Sec. VII. Be it further enacted by the authority aforesaid , That the respective amounts appropriated by this Act, for salaries of the various State House officers, and for the clerical expenses of the various Departments shall be held and considered in full payment thereof, and such amounts shall not be increased directly nor indirectly by payments of additional sums from the Contingent Fund or any other fund, to such officers, their clerks, or any other person, by way of extra compensation, or for extra services, or extra assistance rendered either to said officers or in any of said Departments, and should such extra service or extra assistance become necessary to said officers, or in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House officers, and for the clerical expenses of said offices; nor shall any money be

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paid from any fund to any officer or person as a salary, or otherwise, unless the same is authorized by law, and money duly appropriated therefor. The Several Amounts Appropriated as Salaries and Clerical expenses shall not be increased, directly or indirectly, by way of extra Compensation for extra Service. Relative to Salaries. Sec. VIII. Be it further enacted by the authority aforesaid , That the sum of twenty-six hundred dollars, or so much thereof as may be necessary, be appropriated to purchase for the use of the Treasury of the State, a burglar-proof safe, made upon the latest and most approved plan, with the best combination and chronometer or time lock, and also to renovate the vault. The purchase to be made by the Treasurer under the direction and approval of the Governor. For purchase of Burglar-Proof Safe for the State Treasury Department Sec. IX. Be it further enacted by the authority aforesaid , That the sum of one hundred dollars be, and the same is hereby, appropriated to Jackson T. Taylor, to compensate him for making an Index for the Senate and House Journals of the present sitting of the General Assembly up to the recess, and that the Governor draw his warrant in favor of said Jackson T. Taylor for said sum when the work is completed. For Jackson T. Taylor for making Index of Senate and House Journals. Sec. X. Be it further enacted by the authority aforesaid , That the sum of fifteen dollars, each, or so much thereof as may be necessary, on an account of actual expenses furnished by the respective chairmen, be appropriated to pay the expenses of the joint committee of the two houses on the Academy for the Blind for visiting that institution. For expenses of Legislative Committees in visiting the Academy for the Blind and State Lunatic Asylum. That the sum of twenty dollars, each, or so much thereof as may be necessary, be appropriated to pay the actual expenses of the joint committee on the Lunatic Asylum, for visiting that institution, to be paid on an itemized statement furnished by their respective chairmen. Sec. XI. Be further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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FOR DEAF AND DUMB ASYLUM. No. 74. An Act to appropriate the sum of two thousand five hundred dollars, to the Trustees of Deaf and Dumb Asylum, for the purpose of fitting up a number of rooms in the building, for colored mutes, at Cave Spring, and to make other improvements and repairs as set forth in the official report of said Trustees to the Governor, for the year 1880; and also the additional sum of two thousand five hundred dollars, per annum, for the support of said colored mutes. Section I. The General Assembly of the State of Georgia do enact , That the sum of twenty-five hundred dollars, or so much thereof as may be necessary, is hereby appropriated to the Trustees of the Deaf and Dumb Asylum, for the purpose of fitting up a number of rooms in the building for colored mutes, at Cave Spring, and to make other repairs and improvements as set forth in the official report of said Trustees to the Governor, for the year 1880. Appropriations to Trustees of Deaf and Dumb Asylum. Improvements and Repairs. Sec. II. Be it further enacted , That the sum of two thousand and five hundred dollars, or so much thereof as may be necessary, be appropriated for the support of said additional mutes. For support of additional Mutes. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881. FOR I. Y. SAWTELL. No. 79. An Act to appropriate the sum of fifty dollars to pay I. Y. Sawtell, due him as witness fees for twenty-five days attendance under subp[UNK]na, as a witness before the joint wild land committee, at the last session of the General Assembly. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of fifty dollars be, and the same is hereby, appripriated to pay I. Y. Sawtell, of the county of Fulton, for attending as a witness under subp[UNK]na, for twenty-five days, upon the sittings of the joint wild land committee, at the last session of the General Assembly. I. Y. Sawtell $50 appropriated for witness fees in attending before Joint Wild Land Committee of last Session of General Assembly.

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Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11th, 1881. FOR ENLARGING LUNATIC ASYLUM. No. 146. An Act to appropriate money for the purpose of enlarging the Lunatic Asylum of this State, and for other purposes therein mentioned. Section I. The General Assembly of Georgia do enact , That the sum of one hundred and sixty-five thousand four hundred and thirty-one dollars be, and the same is hereby, appropriated for the following purposes, to-wit: $165,431 appropriated for For building a hospital at a cost not to exceed nine thousand three hundred and twenty-four dollars. For building one amusement or recreation hall, not to exceed in cost, six thousand five hundred and seventy-four dollars. For building two convalescent wards, each to accommodate one hundred patients, not to exceed in cost, together, sixty-seven thousand eight hundred and sixty-seven dollars; For building two (2) new buildings for male and female colored lunatics, each to accommodate two hundred patients, on the lands of the State adjacent to the present Asylum walls, not to exceed in cost, together, the sum of seventy thousand one hundred and sixty-six dollars. For building a wall to surround said new buildings, not to exceed in cost the sum of ten thousand dollars. For superintending the construction of all of said new buildings, not to exceed the sum of fifteen hundred dollars. Building Hospital. Building Amusement Hall. Building Convalescent Wards. Buildings for Colored Patients Building Wall. Superintending construction. Sec. II. Be it further enacted , That said new buildings shall be done under the supervision of the Trustees of the Lunatic Asylum, who are hereby granted full power and authority in the premises. And the Governor shall draw his warrant upon the Treasurer in favor of such Trustees, from time to time, for such sums as they may request, within the limits of the sums herein appropriated. To be supervised by Trustees of Lunatic Asylum, and warrants shall be drawn in their favor. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881.

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TO PROVIDE FREE TUITION IN STATE UNIVERSITY. No. 386. An Act to enable the Trustees of the University of Georgia to inaugurate a system of free tuition in that institution. Section I. The General Assembly of Georgia do enact , That for the purpose of enabling the Trustees of the University of Georgia to provide free tuition in that institution, the sum of two thousand dollars be, and the same is hereby, appropriated to said Trustees, and the Governor of Georgia is hereby authorized to draw his warrant for said amount in favor of said Board of Trustees. Free Tuition. Sec. II. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 29th, 1881. FOR ACADEMY FOR THE BLIND. No. 163. An Act to appropriate money to the Georgia Academy for the Blind, for the purpose of organizing and maintaining in the same, a department for the blind youth of the colored race of the State. Section I. Be it enacted by the General Assembly of Georgia That the sum of ten thousand dollars, or so much thereof as may be necessary be, and the same is hereby, appropriated to the Georgia Academy for the Blind, for the purpose of organizing, under the direction and management of the Trustees thereof, a department for the accommodation of the colored youths of this State, to purchase or rent suitable buildings therefor, to provide the necessary furniture, apparatus and books for the same, and to support and educate such pupils as may be received into the same under existing laws and regulations of said institution. $10,000 appropriated to Trustees of Academy for the Blind, for organizing a Department for colored youths of this State, and to provide furniture, books, etc., for the same. Sec. II. That the provision above recited take effect from and after the passage of this Act, and that all laws in conflict with the foregoing be, and the same are hereby, repealed. Approved September 13th, 1881.

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TO REFUND TAXES TO HOME INSURANCE COMPANY OF NEW YORK. No. 201. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from The Home Insurance Company of New York. Whereas, The State of Georgia has collected from The Home Insurance Company of New York, for the years 1869 to 1876, inclusive, exclusive of the year 1875, two per centum per annum, on its gross receipts as tax, instead of one per centum as prescribed by the general tax Acts for those years, aggregating the sum of two thousand and twenty-three dollars and fifty cents, thus illegally collected; and whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum, as prescribed by the general tax Acts for those years, was illegal, and the action of the Comptroller-General in the premises was without authority of law: Preamble. Section I. Therefore the General Assembly do enact , That the sum of two thousand and twenty-three dollars and fifty cents ($2023.50) be, and the same is hereby, appropriated to refund to said The Home Insurance Company of New York, the amount thus illegally collected from it as tax, and that the Governor draw his warrant on the Treasurer for the same. $2,025.50 appropriated to Home Insurance Company of N. Y., to refund taxes illegally collected from it. Sec. II. The General Assembly do further enact , That all laws conflicting with this Act be repealed. Approved September 14th, 1881. TO REFUND TAXES TO THE UNDERWRITERS' AGENCY OF NEW YORK. No. 202. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Underwriters' Agency of New York. Whereas, The State of Georgia has collected from the Underwriters' Agency of New York, for the years 1869 to 1876, inclusive, two per centum per annum out of its gross receipts as tax, instead of one per centum as prescribed by the general tax

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Acts for those years, aggregating the sum of two thousand and thirty-five dollars and twelve cents ($2035.12) thus illegally collected; and, whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum, as prescribed by the general tax Acts for those years was illegal, and the action of the Comptroller-General in the premises was without the authority of law: Preamble Section I. Therefore the General Assembly do enact , That the sum of two thousand and thirty-five dollars and twelve cents ($2035.12) be, and the same is hereby, appropriated to refund to said, The Underwriters' Agency of New York, the amount thus illegally collected from it as tax, and that the Governor draw his warrant on the Treasurer for the same. $2,035.12 appropriated to Underwriters' Agency, of N. Y., for taxes illegally collected of it. Sec. II. The General Assembly do further enact , That all laws conflicting with this Act be repealed. Approved September 14th, 1881. FOR UNIVERSITY OF GEORGIA TO REBUILD NORTH GEORGIA COLLEGE. No. 208. An Act to appropriate the sum of ten thousand dollars to the University of Georgia to rebuild and refurnish the North Georgia Agricultural College, at Dahlonega. Whereas, the building known as the North Georgia Agricultural College, at Dahlonega, was destroyed by fire on the 20th of December, 1878. Said institution is a part of and belongs to the University of Georgia, wherein are taught such branches of learning as are related to Agriculture and the Mechanic Arts, as required under the Act of Congress of July 2d, 1862; and, whereas , under said Act of Congress the State of Georgia having received the Agricultural College Scrip to which she was entitled, is required to provide at least not less than one college as described in said Act. By the Act of Congress donating the United States Mint building at Dahlonega, the State has not heretofore been called upon to provide at her own expense an Agricultural College building. Now that it has been destroyed, and there being no insurance on the building, it becomes necessary to rebuild the same, therefore: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of ten thousand dollars be, and the same is hereby, appropriated to the University of Georgia, for the

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rebuilding of the North Georgia Agricultural College at Dahlonega. $10,000 appropriated University of Georgia. Sec. II. Be it further enacted , That said money may be drawn from the Treasury at different times in sums not exceeding five thousand dollars, by warrants duly signed by the Governor, upon the application of the Chancellor of the University, and the Secretary of the Board of Trustees of the University, and the certificate of the President of the local Board of Trustees of the said North Georgia Agricultural College. The same to be paid to the Treasuraer of the said College at Dahlonega, upon his filing with the Governor an approved bond to the State of Georgia in the sum of twenty thousand dollars for the faithful performance of the trust. To be drawn in sums not over $5,000, by warrant upon application, from Chancellor of University and Secretary of Board of Trustees of University. Sec. III. Be it further enacted , That no money shall be drawn under this Act until the Executive Committee of the local Board of Trustees of said College shall certify that said money is necessary to pay for work already performed on said building. Executive Committee of Local Board must certify money to be necessary. Approved September 15th, 1881. TO REFUND TAXES TO THE FRANKLIN FIRE INSURANCE COMPANY OF PHILADELPHIA. No. 268. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Franklin Fire Insurance Company of Philadelphia. Whereas, the State of Georgia has collected from the Franklin Fire Insurance Company of Philadelphia, for the years of 1869 to 1876, inclusive, three per centum per annum on its gross receipts as tax, instead of one per centum as prescribed by the general tax Acts for those years, aggregating the sum of three thousand one hundred and fifty-eight dollars and ninety-four cents thus illegally collected; and, whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum, as prescribed by the general tax Acts for those years, was illegal, and the action of the Comptroller General in the premises was without authority of law: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three thousand one hundred and fifty-eight dollars and ninety-four cents be, and the same is hereby, appropriated to refund to said The Franklin Fire Insurance Company of Philadelphia the amount thus illegally collected from it

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as tax, and that the Governor draw his warrant on the Treasurer for the same. $3,158.94 appropriated to Franklin Insurance Co., to refund taxes illegally collected of it. Sec. II. Be it further enacted by the General Assembly , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO INSURANCE COMPANY OF NORTH AMERICA. No. 269. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Insurance Company of North America of Philadelphia. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of two thousand four hundred dollars and thirty-two cents ($2,400.32) be, and the same is hereby, appropriated to refund to the Insurance Company of North America of Philadelphia, the amount of money illegally collected from it as taxes for the years from 1869 to 1876, inclusive, and that the Governor draw his warrant on the Treasurer for the same. $2,400.32 appropriated to Insurance Company of North America to refund taxes illegally collected of it. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO NIAGARA FIRE INSURANCE COMPANY OF NEW YORK. No. 270. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Niagara Fire Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three hundred and eighty-two dollars and forty-four cents be, and the same is hereby, appropriated to refund to the Niagara Fire Insurance Company of New York, the amount of money illegally collected from it as taxes for the years

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1873, 1874, 1875, and 1876, and that the Governor draw his warrant on the Treasurer for the same. $382.44 appropriated to Niagara re Ins.Co. New York refund es. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO PAY STATE BOND NUMBER 225. No. 271. An Act to appropriate money to pay bond number two hundred and twenty five of the State of Georgia, issued under the Act of February 27th, 1856, now held by the executor of John S. Gittings, and to authorize payment of the same. Whereas, Bond of the State of Georgia number two hundred and twenty-five (225) issued under the Act of February 27th, 1856, for five hundred dollars ($500.00), was regularly issued and went into circulation and was bought for value by John S. Gittings, and is now held by his executor, he having died; and, whereas , all of the coupons have been regularly paid thereon, but when said bond fell due in 1879, and payment thereof was demanded, a slight clerical error in the date thereof was discovered, to wit: the word April having been accidentally written in place of February in dating the said bond, and payment thereof was refused by the Treasurer; and, whereas , it is now claimed that he cannot pay the same without special appropriation; therefore: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of five hundred dollars be appropriated to the payment of said bond; and the Governor is authorized to draw his warrant on the Treasurer therefor, and that said sum be paid to Geo. H. Williams as executor of John S. Gittings, or his attorneys at law, Jackson Lumpkin. $500.00 appropriated to pay bond 225. Sec. II. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and are hereby, repealed. Approved September 24th, 1881.

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TO REFUND TAXES TO ATLANTIC FIRE INSURANCE COMPANY OF NEW YORK. No. 272. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Atlantic Fire Insurance Company of New York. Whereas, the State of Georgia has collected from the Atlantic Fire Insurance Company of New York, for the years 1869 to 1876, inclusive, two per centum per annum on its gross receipts as tax, instead of one per centum as prescribed by the general tax Acts for those years, aggregating the sum of one hundred and fifty-seven dollars and twenty-three cents thus illegally collected; and, whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum, as prescribed by the general tax Acts for those years was illegal, and the action of the Comptroller General in the premises was without authority of law: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one hundred and fifty-seven dollars and twenty-three cents be, and the same is hereby, appropriated to refund to said Atlantic Fire Insurance Company of New York, the amount thus illegally collected from it as tax, and that the Governor draw his warrant on the Treasurer for the same. $157.23 appropriated to Atlantic Fire Ins. Co. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO THE GIRARD FIRE INSURANCE COMPANY OF PENNSYLVANIA. No. 273. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Girard Fire Insurance Company of Pennsylvania. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three hundred and twenty four dollars and thirty-three cents be, and the same is hereby, appropriated to refund to the Girard Fire Insurance Company of Pennsylvania

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the amount of money illegally collected from it as taxes for the years 1876 and 1877, and that the Governor draw his warrant on the Treasurer for the same. $324.30 appropriated to Girard Fire Ins. Co. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO FIRE ASSOCIATION OF PHILADELPHIA. No. 274. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia, from the Fire Association of Philadelphia. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of six hundred and thirty-five dollars and ninety-eight cents be, and the same is hereby, appropriated to refund to said Fire Association of Philadelphia, the amount illegally collected from it as tax for the years 1875 and 1876, and that the Governor draw his warrant on the Treasurer for the same. $635.98 appropriated to Fire Association of Philadelphia to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO AMERICAN FIRE INSURANCE COMPANY OF PHILADELPHIA. No. 275. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia, from the American Fire Insurance Company of Philadelphia. Whereas, The State of Georgia has collected from the American Fire Insurance Company of Philadelphia, for the years 1876 and 1877, three per centum per annum on its gross receipts as tax, instead of one per centum as prescribed by the general tax Acts for those years, aggregating the sum of two hundred

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and sixteen dollars and eighty-nine cents, thus illegally collected; and, whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum as prescribed by the general tax Acts for those years was illegal, and the action of the Comptroller-General in the premises was without authority of law: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of two hundred and sixteen dollars and eighty-nine cents be, and the same is hereby, appropriated to refund to said American Fire Insurance Company of Philadelphia, the amount thus illegally collected from it as tax, and that the Governor draw his warrant on the Treasurer for the same. $216.89 appropriated American Fire Ins. Co. of Pennsylvania to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO WILLIAMSBURG CITY FIRE INSURANCE COMPANY OF NEW YORK. No. 276. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Williamsburg City Fire Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of two hundred and forty-three dollars and thirty-eight cents be, and the same is hereby, appropriated to refund to the Williamsburg City Fire Insurance Company of New York, the amount of money illegally collected from it as taxes for the years 1873, 1874, 1875 and 1876, and that the Governor draw his warrant on the Treasurer for the same. $243.38 appropriated Williamsburg Fire Ins. Co. of N. Y. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881.

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TO REFUND TAXES TO LORILLARD FIRE INSURANCE COMPANY. No. 277. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the Lorillard Fire Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three hundred and five dollars and seven cents, ($305.07) be, and the same is hereby, appropriated to refund to the Lorillard Fire Insurance Company of New York, the amount of money illegally collected from it as taxes for the years 1869 to 1877, inclusive, and that the Governor draw his warrant on the Treasurer for the same. $305.07 appropriated to Lorillard Fire Ins. Co. N. Y. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO CONTINENTAL INSURANCE COMPANY. No. 278. An Act to refund double taxes illegally collected by the State of Georgia, from the Continental Insurance Company of New York. Whereas, The State of Georgia has collected from the Continental Insurance Company of New York, for the years 1869 to 1876, inclusive, two per centum per annum on its gross receipts as tax, instead of one per centum as prescribed by the general tax Acts for those years, aggregating the sum of twelve hundred and ninety-six dollars and forty cents, thus illegally collected; and, whereas , the Supreme Court of the State of Georgia has decided that the collection of an amount greater than one per centum, as prescribed by the general tax Acts for those years, was illegal, and the action of the Comptroller-General in the premises was without authority of law: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of twelve hundred and ninety-six dollars and fo rty cents be, and the same is hereby, appropriated to refund to said Continental Insurance Company of New York, the amount

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thus illegally collected from it as tax, and that the Governor draw his warrant on the Treasury for the same. $1,296.40 appropriated Continental Ins. Co. of N. Y. to refund taxes. Sec. II. Be it further enacted by the General Assembly , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO THE GERMAN AMERICAN INSURANCE COMPANY. No. 279. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia, from the German American Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one hundred and fifty-three dollars be, and the same is hereby, appropriated to refund to the German American Insurance Company of New York, the amount of taxes illegally collected from it for the years 1874 and 1875 and 1876, and that the Governor draw his warrant on the Treasurer for the same. $153.00 appropriated German American Ins. Co. of N. Y. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO PENNSYLVANIA FIRE INSURANCE COMPANY. No. 280. An Act to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Pennsylvania Fire Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of ninety-seven dollars and seventy-one cents be, and the same is hereby, appropriated to refund to the Pennsylvania Fire Insurance Company the amount of money illegally collected from it as taxes for the years 1875 and 1876, and that the Governor draw his warrant on the Treasurer for the same. $97.71 appropriated Pennsylvania Fire Ins. Co. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881.

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TO REFUND TAXES TO MANHATTAN FIRE INSURANCE COMPANY. No. 281. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Manhattan Fire Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of five hundred and sixty two dollars and eight cents ($562.08) be, and the same is hereby, appropriated to refund to the Manhattan Fire Insurance Company of New York the amount of money illegally collected from it as taxes for the years 1869 to 1876, inclusive, and that the Governor draw his warrant on the Treasurer for the same. $562.08 appropriated Manhattan Fire Ins. Co. N. Y. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO REFUND TAXES TO THE PH[UNK]NIX INSURANCE COMPANY. No. 282. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Ph[UNK]nix Insurance Company of Brooklyn, New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of eight hundred and sixty-eight dollars and eighty-five cents be, and the same is hereby, appropriated to refund to the Ph[UNK]nix Insurance Company of Brooklyn, New York, the amount of money illegally collected from it as taxes for the years 1869 to 1876, inclusive, and that the Governor draw his warrant on the Treasurer for the same. $868.85 appropriated Ph[UNK]nix Ins. Co., Brooklyn, to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881.

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TO REFUND TAXES TO WESTCHESTER FIRE INSURANCE COMPANY. No. 283. An Act to appropriate money to refund double taxes illegally collected by the State of Georgia from the Westchester Fire Insurance Company of New York. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one hundred and ninety-nine dollars and fifty-seven cents be, and the same is hereby, appropriated to refund to the Westchester Fire Insurance Company of New York the amount of money illegally collected from it as taxes for the years 1873, 1874, 1875 and 1876, and that the Governor draw his warrant on the Treasurer for the same. $199.57 appropriated Westchester Fire Ins. Co. N. Y. to refund taxes. Sec. II. Be it further enacted , That all laws conflicting with this Act be repealed. Approved September 24th, 1881. TO PURCHASE BOOKS FOR STATE LIBRARY. No. 358. An Act to appropriate fifteen hundred dollars for the purchase of books for the State Library and to prescribe the manner of expending the same and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of fifteen hundred dollars be, and the same is hereby, appropriated to purchase books for the State Library. For purchase of books for State Library. Sec. II. Be it further enacted by the authority aforesaid , That the amount thus appropriated shall be subject to the order of the Judges of the Supreme Court, upon a warrant of the Governor, based upon the approval of the Chief Justice of said court, or Associate Justices, and shall be used and applied solely to the purchase of such books, pamphlets or other publications, as may be selected or directed to be purchased by the Judges of said court. How used. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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TO CHANGE THE FISCAL YEAR AND APPROPRIATE MONEY THEREFOR. No. 263. An Act to change the fiscal year and to provide when official reports shall be made, and for other purposes. Section I. The General Assembly of Georgia do enact , That the fiscal year in this State shall commence on the first day of January, and end on the thirty-first day of December of each year, commencing with the present year, 1881; and all public officers of this State shall keep their official accounts in accordance therewith. Fiscal year. Sec. II. Be it further enacted , That there shall also be a year for official reports distinct from the fiscal year; said official report year to include the twelve months ending thirty days next preceding the regular meeting of the General Assembly, and all the public officers of this State shall make and publish annually their official reports in accordance with the official report year herein provided for. Year for official reports distinct from fiscal year. Sec. III. Be it further enacted , That the usual general appropriations made in the general appropriation Act of 1880 for the fiscal year ending on September 30th, 1882, for the support of the public institutions, etc., is hereby continued and extended pro rata to January 1st, 1883, so as to harmonize with the provisions of this Act. Usual general appropriations continued to Jan. 1st, 1883. Sec. IV. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. SALARY OF WILLIAM W. HOLT. No. 372. An Act to appropriate one hundred and seventy dollars and ninety-four cents to the payment of balance of salary of William W. Holt, formerly Judge of the Middle Judicial Circuit of Georgia, and for other purposes. Whereas, William W. Holt, Judge of the Middle Circuit of Georgia, for the term ending February 1st, 1863, died on the fourteenth day of January, 1863; and, whereas , it appears from the books of the Executive Department that the salary of the

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said Holt as Judge aforesaid, from the first day of November, 1862, to the fourteenth day of January, 1863, amounting to five hundred and twelve dollars and eighty-two cents in Confederate currency has never been paid to the said Holt or his legal representatives and still remains unpaid: Preamble. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the sum of one hundred and seventy dollars and ninety-four cents ($170.94) be appropriated for the payment of the said balance of salary, and the Governor be, and is hereby, authorized to draw his warrant for the same upon the Treasurer of the State in favor of the legal representatives of the said William W. Holt; Provided , that the sum hereby appropriated shall be a full and final settlement and satisfaction of the claim herein set forth. $170.94 appropriated for balance of salary due as Judge of Middle Circuit. To be a full settlement. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. TO REPAIR PUBLIC BUILDINGS AT MILLEDGEVILLE. No. 376. An Act to appropriate the sum of five thousand dollars for the repair of the Public Buildings at milledgeville, in said State. Whereas, the public buildings in the city of Milledgeville have, by an Act of the General Assembly approved October 14th, 1879, been loaned to the Trustees of the State University for educational purposes therein named, and are still the property of the State; and, whereas , said buildings are in great need of repair, and liable to serious deterioration in value; therefore: Preamble. Section I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same , That the sum of five thousand dollars, or so much thereof as is necessary, be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the repair of said buildings, and said sum shall be expended for such repairs only as are absolutely necessary to preserve said buildings both inside and outside. $5000.00 appropriated for repairs. Such repairs as are absolutely necessary. Sec. II. Be it further enacted by the authority aforesaid , That the said sum of five thousand dollars shall be paid to the Trustees of the State University to be expended in the repair of said buildings, and in adapting them to the purposes to which they are now by law applied. To be paid to Trustees of State University

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Sec. III. Be if further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. TO DEAF AND DUMB ASYLUM. No. 391. An Act to appropriate money to the State Deaf and Dumb Asylum for the purpose of erecting a building to be used as a chapel and school-room, and to repair and rebuild the fences around the grounds of the Asylum, and to put into operation a system of drainage at the Asylum, and for other purposes therein mentioned. 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 sum of six thousand dollars be, and the same is hereby, appropriated to the State Deaf and Dumb Asylum (located at Cave Spring, in the county of Floyd,) for the following purposes, to-wit: The sum of five thousand ($5000.00) dollars, or so much thereof as may be necessary, for erecting on the grounds of the Asylum (at some suitable place, to be settled by the Trustees of the Asylum) a suitable building to be used as a chapel and school-room for the Asylum. For rebuilding and repairing the fences around the grounds of the Asylum, and to construct and put into operation a system of drainage at the Asylum, the sum of one thousand ($1000.00) dollars, or so much thereof as may be found to be actually necessary. $6000.00 appropriated to Deaf and Dumb Asylum. $5,000.00 for erecting Chapel and school room. $1000.00 for rebuilding fences and constructing system of drainage. Sec. II. Be it further enacted , That the work done to erect said chapel and school-room building, and to rebuild and repair the fences as before herein stated, and to put into operation the system of drainage at the Asylum, shall be done under the supervision of the Trustees of said Asylum, who are hereby granted ample power and authority to have such work done. And the Governor shall draw his warrant upon the Treasury in favor of said Trustees from time to time for such sums as they may request and need, to have such work done, not in any case to exceed the sums above mentioned and by this Act appropriated, and said Trustees are hereby instructed and required to present and report in writing to the Governor, a detailed statement and account of the work done, and the various items and costs in having the provisions of this

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Act carried into effect. Such report to be laid before the General Assembly at their first session after such report has been made. Work to be done under supervision of Trustees of the Institution. Money to be drawn as Trustees request. Trustees to make detailed statement. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 29th, 1881. ADDITIONAL APPROPRIATIONS. No. 441. An Act making additional appropriations to those contained in the last general appropriation Act, approved, December 6th, 1880, and which were omitted therefrom, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the following sums be, and the same are hereby, appropriated for the purposes mentioned: To defray the actual expenses of the Committee of the House of Representatives visiting the convict camps during the recess of the General Assembly, four hundred and fifty-three dollars, or so much thereof as may be required, to be paid on accounts rendered by the members of said committee. To defray expenses of Committee of House of Representatives in visiting convict camps. To pay C. H. Williams for services rendered as Sergeant-At-Arms to the Joint Committee to investigate the lease of the Western and Atlantic Railroad, one hundred and twenty-five dollars. Sergeantat Arms of Committee on lease of W.A.R.R. To pay Thomas Gilbert balance due for copies of the Constitution, twenty-five dollars. To Thomas Gilbert. To compensate and to defray the expenses of the Commissioners, and the architects employed by them, for services rendered the State in valuing the Old Capitol building at Milledgeville, made on resolution of the General Assembly, providing therefor, as follows: for L. N. Whittle, Commissioner, sixty dollars and sixty cents: for J. W. Robertson, Commissioner, sixty-four dollars and thirty cents: for C. C. Kibbee, Commissioner, sixty-nine dollars and seventy-five cents: for B. H. Broomhead and Jerry Fuss, architects, twenty-five dollars, each. To pay commissioners and architects for valuing old capitol building at Milledgeville. To compensate Mark A. Hardin, Clerk of the House, for preparing and mailing to members a list with the titles of bills introduced in the House during the November session, under a resolution so instructing him, one hundred dollars. To Clerk of House for list of bills introduced. To compensate the Chaplains of the Senate, and of the House of Representatives, one hundred dollars each. Chaplains of Senate and House. To pay the incidental expenses of the General Assembly for

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the session beginning July 6th, 1881, one hundred and seventy-five dollars, or so much thereof as may be necessary; to be paid out on itemized accounts presented to the Governor, by the Secretary of the Senate and the Clerk of the House. For incidental expenses, of the General Assembly for session of 1881. To pay the bill for stationery furnished the General Assembly during the present session, three hundred and forty eight dollars, or so much thereof as may be necessary. Stationery furnished General Assembly. To defray the expenses of the Special Joint Committee visiting Augusta, Georgia in pursuance of a join resolution, for the purpose of examining the dam across the Savannah river, one hundred and twenty-five dollars, or so much thereof as may be necessary, to be paid on itemized accounts, to be rendered by the members of said committee. To defray expenses of Committee visiting Augusta to examine dam across Savannah river. To pay the actual expenses of the Senate Committee on the Penitentiary, and Sub-Committee in visiting and inspecting the convict camps, the sum of eight hundred dollars, or so much thereof as may be necessary, the same to be paid on itemized accounts to be rendered by the members of said committee. To pay expenses of Senate Committee in visiting Convict Camps. To pay the actual expenses of the Joint Committee of the Senate and House of Representatives, on the Deaf and Dumb Asylum, incurred in visiting said Asylum, the sum of three hundred dollars, or so much thereof as may be necessary, the same to be paid on itemized accounts to be rendered by the members of said committee. To pay expenses of Joint Committee in visiting Deaf and Dumb Asylum. To pay the actual expenses of the Special Joint Committee of the Senate and House of Representatives, in visiting Gainesville, Canton, and other places, with a view to select a location for an additional Lunatic Asylum, the sum of three hundred dollars, or so much thereof as may be necessary, the same to be paid on itemized accounts, to be rendered by the members of said committee. To pay expenses of special Join Committee in selecting location for additional Lunatic Asylum. To pay Charles H. Smith, an additional Porter in water-closet room, appointed on July 21st, 1881, by resolution of the Senate the sum of one dollar and a half per day, for twenty-six days. To pay additional porter in water-closets. To pay A. F. Cooledge, stenographer, to taking down testimony, issuing subp[UNK]nas, etc., for Joint Committee on the lease of the Western and Atlantic Railroad, the sum of two hundred and five dollars, as per bill rendered and approved by said committee. To Stenographer for Committee on lease W. A.R.R. To pay T. M. Peeples, arbitrator on the part of the State in the case of the State against the Waycross and Florida Railroad; the Junction Branch Railroad; the South Georgia and Florida Railroad; the Savannah, Florida and Western Railroad, and the Florida Branch Railroad, the sum of two hundred and forty-four dollars and fifty cents, for his fee and traveling expenses, as such arbitrator. To T. M. Peeples, Arbitrator, for State, in assessing Waycross Florida railroad and other railroads. To compensate Hon. H. W. Cannon, Commissioner on the part

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of Georgia, for labor performed and expenses incurred in making a partial survey of the State line between the States of Georgia and North Carolina, as required by an Act of the General Assembly, approved August 18th, 1879, providing for said survey, the sum of fifty dollars. To H. W. Cannon for making survey of State line between Georgia and North Caroilna. For Porter for the Library, for balance of fiscal year of 1881, forty-five dollars: for Porter to the Library for the fiscal year of 1882, the sum of one hundred and eighty dollars. Porter for Library. That the sum of one hundred dollars, or so much thereof as may be necessary be, and the same is hereby, appropriated for the purpose of having original Acts of the General Assembly deposited in the office of the Secretary of State, bound in a substantial manner for their preservation. For having original acts of General Assembly bound. Sec. II. Be it further enacted , That the following appropriations be made for the support of the public institutions, to supply a deficiency in the former appropriation for the support and maintenance of the Lunatic Asylum for the fiscal year 1881, the sum of fifteen thousand dollars; and for the support and maintenance of said institution for the fiscal year 1882, the further sum of fifteen thousand dollars in addition to the former appropriation therefor; all to be expended under the direction of the Trustees of said Asylum. To supply a deficiency in the appropriation for the support and maintenance of the Deaf and Dumb Asylum, for the fiscal year 1881, caused by the Treasurer's loss of three thousand dollars, the sum of three thousand dollars, or so much thereof as may be necessary. For support of public institutions. For Lunatic Asylum. For Deaf and Dumb Asylum. Sec. III. Be it furter enacted , That the following sums are appropriated for the purposes mentioned: Miscellaneous appropriations. To pay the Herring Safe Company to make the vault in the State Treasury absolutely secure against both fire and burglars, according to proposition, plan and specifications, submitted to the House Committee on Finance, by R. J. Wiles, agent, four thousand nine hundred and thirty-seven dollars. To Herring Safe Co. for vault in Treasury. To pay for certain repairs, change of counters, rooms, etc., in the Treasurer's office, five hundred dollars, to be expended under the direction of the State Treasurer. To pay for changes in Treasurer's office. For repairing and strengthening the roof and walls of the Capitol building, ten thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the Governor. For repairing Capitol. To repair and refurnish the Supreme Court room and the Judges' rooms, three hundred dollars, to be expended under the direction of the Chief Justice and Associate Justices. To repair and refurnish Supreme Court room, etc. To authorize and enable the State Treasurer to employ an expert, and to have consolidated into one book, a complete record of all bonds issued by the State, from January, 1840, to date; which record shall show all facts necessary for a clear understand ing of said subject, one thousand dollars. To employ expert to make record of State Bonds.

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Sec. IV. Be it further enacted , That the sum of seventy five dollars be, and the same is hereby, appropriated to pay Jackson T. Taylor, for services in making an index for the Journal of the Senate, for the present adjourned session of the General Assembly, beginning on the 6th day of July, 1881, and continuing until the final adjournment; and a like sum for making an index for the Journal of the House of Representatives for the same period, and that the Governor draw his warrant on the Treasury in favor of said Jackson T. Taylor, for the amounts herein specified. To J. T. Taylor for making index of Journal of Senate and House. Sec. V. Be it further enacted , That the sum of five hundred dollars, $500.00, be appropriated to pay a balance due on Public Printers account for 1878-79; said account having been approved by the Governor under a resolution of the General Assembly and not paid because the Printing Fund had been exhausted, this to be in full satisfaction of all claims by said Public Printer. To pay balance due Public Printer on his account for 1878-9. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 27th, 1881. TO VANDYKE, COOK AND VANDYKE AND N.J. HAMMOND. 463. An Act to appropriate money for the compensation of VanDyke, Cooke and VanDyke and N. J. Hammond, Attorneys and Solicitors, for services rendered the State in the cases and the Courts therein mentioned, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the sum of four thousand dollars ($4000.00) be, and the same is hereby, appropriated to pay the balance of claim due VanDyke, Cooke and VanDyke of Chattanooga, Tennessee, and N. J. Hammond, of Atlanta, Georgia, attorneys and solicitors, for professional services rendered the State in the case of Mrs. Emma Blodgett, the Elliot National Bank, and John Demeritt and J. Nelson Tappan, as trustees of Henry Clews Co. vs . the State of Georgia, and the Western and Atlantic Railroad in the courts of Tennessee: Provided , that said amount so appropriated shall be accepted and received in full of the balance of said claim. $4,000 appropriated to VanDyke, Cook and VanDyke and N. J. Hammond. Sec. II. Be it further enacted , That all laws, and parts of laws, in conflict herewith, are hereby repealed. Approved September 30th, 1881.

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TITLE II. TAXES. ACTS. FOR SUPPORT OF STATE GOVERNMENT 1881-2. For more certain levy and collection of county taxes. For special tax on liquor dealers. For record of wild lands and manner of returning same for taxes. How Insurance Companies shall make returns. Tax sales by municipal corporations, amending Act of February 27th, 1877. Tax on dealers in iron safes. County taxes for paupers. How land is to be returned when divided by undetermined county lines. FOR SUPPORT OF THE GOVERNMENT 1881-2. No. 40. An Act to levy and collect a tax for the support of the State Government and the public institutions; to pay the interest and maturing principal of the Public Debt and for educational and other purposes herein mentioned, for each of the fiscal years eighteen hundred and eighty one and eighteen hundred and eighty-two. Section I. The General Assembly of the State of Georgia do enact , That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of the State, which will not exceed three-tenths of one per cent, inclusive of the tax authorized by the Act approved February 19th, 1873 (to pay the eight per cent. bonds issued under said Act) for each of the fiscal years eighteen hundred and eighty-one and eighteen hundred and eighty-two. Tax for 1881-2. Not to exceed three-tenths of one per cent. Sec. II. Be it further enacted by the authority aforesaid , That in addition to the ad valorem tax on real and personal property, as required by the constitution, and provided for in the preceding

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section, the following specific taxes shall be levied and collected for each of said fiscal years of eighteen hundred and eighty one and eighteen hundred and eighty-two: Specific taxes. FirstUpon every practitioner of law, medicine or dentistry, ten dollars; and no municipal corporation or county authorities shall levy any additional tax on said professions, either as license fe, or otherwise. Practitioners of Law, Medicine or Dentistry. SecondUpon every daguerrean, ambrotype, photographic and similar artist, ten dollars. Daguerrean and similar artists. ThirdUpon every person carrying on the business of auctioneer, twenty-five dollars for each county in which they may carry on said business. Auctioneers FourthUpon every keeper of a pool, billiard, or a bagatelle table, kept for public use, twenty-five dollars for each table. Keepers of Billiard tables. FifthUpon every keeper of any other table, stand or place, or any game, or play, with or without a name, (unless kept for exercise, or amusement, not prohibited by law, and not kept for gain, directly or indirectly) fifty dollars in each county. Of any other table, stand or place for games. SixthUpon every keeper of a ten-pin alley, or alley or like character, kept for public play, twenty-five dollars for each place of business. Ten-pin or other alleys. SeventhUpon every traveling vendor of patent, or proprietary medicines, or other articles of like character, special nostrums and jewelry, paper, soaps, or other articles, twenty-five dollars in each county where they may offer such articles for sale. Travelling vendors of patent medicines, etc. EighthUpon every person, or firm, soliciting policies of insurance, or otherwise acting as an agent of an Insurance company, ten dollars in each county in this State, in which such firm, person, or agent may solicit business. Persons soliciting Insurance. NinthUpon each emigrant agent, or employer of such agent, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. Emigrant Agents. TenthUpon every traveling vendor, using boats for the purpose of selling goods on the rivers within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents, without regard to ownership thereof. Travelling vendors using boats on rivers in this State. EleventhUpon all lightning-rod dealers, the sum of twenty-five dollars for each and every county in which they may operate. Lightning rod dealers. TwelfthUpon every person, or firm who, as agent for resident or non-resident owners, holds, or keeps for hire, or sale on commission, any piano or pianos, or other musical instrument, the sum of twenty-five dollars for each county in which such person or firm does business. Agents for sale of musical instruments. ThirteenthUpon each and every male inhabitant of this State on the first day of April, between the ages of twenty-one and sixty years, a poll-tax of one dollar, for each of said years; which sum shall be for educational purposes. Poll tax.

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FourteenthUpon all shows, or exhibitions, including side-shows accompanying circus companies (except such as histrionic, dramatic, operatic and elocutionary) twenty-five dollars in each and every city or town of five thousand inhabitants; twenty dollars in city or town of four thousand and under five thousand inhabitants; and fifteen dollars in city or town with less than four thousand inhabitants; said tax so collected, shall be for educational purposes. Shows and exhibitions. FifteenthUpon every circus company, one hundred dollars for each day it may exhibit in the State of Georgia; said tax shall be for educational purposes. Circus companies. SixteenthUpon all dealers in spirituous or malt liquors and intoxicating bitters, whether dealing in either or all thereof, the sum of twenty-five dollars for each place of business in each county where the same are sold: Provided , this tax shall not relieve such dealers from any local tax, or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell, by wholesale, spirits manufactured of apples, peaches, grapes, or other fruits grown on their own lands, when sold in quantities not less than five gallons; said tax shall be for educational purposes. Liquor dealers. Proviso. SeventeenthUpon every person acting as the agent, other than general agents, of sewing machine companies, home or foreign, or of wholesale dealers in sewing machines, ten dollars in each county where said person may deal as an agent of such sewing machine company, or as the agent of any general agent of such sewing machine company, or as the agent of any wholesale dealer in sewing machines, for the purpose of selling single machines to consumers, and not for the purpose of selling to other dealers exclusively. And before such agent shall be authorized to sell sewing machines as an agent of such sewing machine companies, or as the agent of the general agent of such sewing machine companies, or as the agent of such wholesale dealers as herein defined, he shall make record of the fact of his being such an agent with the Ordinary of the county in which he is operating, and upon failure to do so, shall be liable to indictment; and, on conviction, shall be fined in sum of not less than fifty, nor more than one hundred dollars, at the discretion of the court trying same. Sewing machine agents. Record to be made with Ordinary Sec. III. Be it further enacted by the authority aforesaid , That the returns for the taxes provided for in paragraphs 1, 2, and 13 of section 2 of this Act shall be made to the Receiver of Tax-returns in the county of residence of party liable for such tax; and shall be, by the Receiver, entered on the digest of taxable property, and that the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16 and 17 shall be paid to the Tax Collectors of the counties where such vocations are carried on. Returns for taxes to be made in county of residence of tax-payer. Taxes to be paid in counties where vocations are carried on. Sec. IV. Be it further enacted by the authority aforesaid , That

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the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16 and 17 of section second of this Act, shall be paid in full to the Tax Collectors of the counties, at the time of commencing to do the business specified in said paragraphs. Taxeswhere business is done. Sec. V. Be it further enacted by the authority aforesaid , That all foreign and home Insurance companies, doing business in this State, shall pay one per cent. on all premiums in money, or otherwise, received by them; and, in addition to the tax herein imposed upon the gross receipts of Insurance companies, all such companies, doing a brokerage business in this State, such as discounting notes, bills, drafts or exchange, shall be taxed upon the capital so employed in the same manner, and at the same rate, as other moneyed capital in the hands of private individuals is taxed. Insurance companies. Where such companies do brokerage business. Sec. VI. Be it further enacted by the authority aforesaid , That the president of all building and loan associations, or other associations of like character, shall be required to make return to the Tax-Receiver of the county where such association is located, of all their capital, or moneys invested in loans, to be taxed as other moneyed capital in the hands of private individuals is taxed Building and Loan Associations taxed as other moneyed capital. Sec. VII. Be it further enacted by the authority aforesaid , That the president of all manufacturing, and other incorporated companies, or their agents, other than Railroad, Insurance, Telegraph, Express, Sleeping and Palace Car companies, shall be required to return all their property whatever, of their respective companies, at its true market value, to the Tax Receiver of the county where the same is located, (or where the principal business of each company is located) to be taxed for State and county purposes, as other property in this State is taxed. Presidents of corporations make return of where principal business is located. Sec. VIII. Be it further enacted by the authority aforesaid , That all Express, Telegraph, Telephone and Sleeping Car companies, doing business in this State, shall pay a tax of one per cent. on their gross receipts, and the superintendent or general agent of each Express, Telegraph, Telephone and Sleeping Car company, doing business in this State, shall make a quarterly return, under oath, as follows: On the last day of March, June, September and December in each year, to the Comptroller-General, an account of their gross receipts during the quarter ending on that day, and said taxes herein levied, shall be paid by the respective companies to the Comptroller-General at the time of making said return. Express, Telegraph, Telephone and Sleeping car company. Superintenpents or general agents to make quarterly returns. Sec. IX. Be it further enacted by the authority aforesaid , That each sewing machine company, home, or foreign, selling or dealing in sewing machines of home or foreign manufacture, by itself, or its agents in this State, and all wholesale dealers in sewing machines, selling sewing machines of home or foreign manufacture to other wholesale dealers, or retail dealers, shall pay the sum of two hundred dollars for each year, or fractional part thereof, to the Comptroller-General, at the time of commencement of business

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for each year, or fractional part thereof, and all sewing machines belonging to such companies, dealers, or their agents, in possession of such companies, their agents or others, shall be liable to seizure and sale for the payment of such tax. This tax shall be for the whole State, and such companies and wholesale dealers shall not be subject to any county, or license tax by the counties. In cases where wholesale dealers sell sewing machines, manufactured by different companies, such dealers shall pay the tax above provided for, separately, for each company whose manufacture of machines may be sold by such dealers. Sewing machine companies. and wholesale dealers in sewing machines. Tax to be paid at time of commencing business. Machines liable to seizure and sale for tax. Tax is for whole State. Sec. X. Be it further enacted by the authority aforesaid , That no tax shall be assessed upon the capital of banks or banking associations, organized under the authority of this State, or of the United States, and located within this State, but the shares of the stockholders of such banks or banking associations, whether resident, or non-resident, shall be taxed in the county where such bank or banking association is located, and not elsewhere, at the same rate provided in this Act for the taxation of moneyed capital in the hands of private individuals: Provided , That nothing in this section contained, shall be construed to relieve such banks or banking associations from the tax on property owned by them, as provided for in section 7 of this Act. BanksSharesStockholders to be taxed. Banks shall pay tax on their property. Sec. XI. Be it further enacted by the authority aforesaid , That the presidents of all railroad companies doing business in the State, shall make returns to the Comptroller-General, as now provided by law, for the taxation of the property, or gross receipts, or net income of railroads, and shall pay to the Comptroller-General the tax to which such property, or gross receipts, or net income may be subject, according to the provisions of this Act, and the laws now in force, relating to the tax on railroads; and on failure to make returns, or refusal to pay tax, said companies shall be liable to all the penalties now provided by law. President of railroad companies shall make returns and pay tax to Comptroller General. Sec. XII. Be it further enacted by the authority aforesaid , That the presidents, or principal agents of all the incorporated companies herein mentioned, except such as are required to make returns to the County Tax Receiver, shall make returns under the rules and regulations provided by law for such returns to the Comptroller-General, and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons, required by law to make returns to the Comptroller-General. President of all corporations, except those required to make return to tax receivers, must make return to the Comptroller General. Penalties. Sec. XIII. Be it further enacted by the authority aforesaid , That the oath to be administered to all persons making returns of their taxable property, shall be in the following words: You do solemnly swear that you will true answers make to all lawful questions which I may put to you, touching the return you are about to make; and that you will make a true return of all your cash, or

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moneyed capital, and of all other property at its true 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 officers receiving such returns to inquire of each and every person taking such oath, touching all his taxable property and the market value of the same; and to propound the questions which may be published by the Comptroller General, under the law, for the purpose of eliciting full and true returns. Oath for persons making returns. Duty of officers. Sec. XIV. Be it further enacted by the authority aforesaid , 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 years 1881, and 1882; and that the Comptroller-General is empowered and required to cause the taxes to be collected and paid over to the State Treasurer by the twentieth day of December, of each of said years, 1881 and 1882. Comptroller General authorized to order receivers to receive teturns from 1st of April, 1881 and 1882. Sec. XV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 7th, 1880. COUNTY TAXES, LEVY AND COLLECTION OF. No. 132. An Act to provide for the more certain levy and collection of the County Taxes in this State. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, in all cases when the spring term of the Superior Court of any county in this State has heretofore been or may hereafter be adjourned suddenly or unexpectedly, before the grand jury shall have made their general presentments, it shall be lawful for the officers whose duty it may be, to levy a county tax, to levy the same to the full extent, and for any purpose that a recommendation of such grand jury would have authorized: Provided , such tax shall not exceed the levy last recommended by a grand jury for such county. Tax leviesrecommendations of grand juries Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 5th, 1881.

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SPECIAL TAX ON LIQUOR DEALERS. No. 210. An Act to provide for the collection of the special taxes imposed by law on dealers in spirituous or malt liquors, or intoxicating bitters, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first day of April, 1882, each person or firm desiring to engage in the sale of spirituous or malt liquors, or intoxicating bitters, or in either or all of them, in this State, shall, before he or they commence the sale of such spirituous or malt liquors, or intoxicating bitters, go before the Ordinary of the county in which he or they propose to sell said spirituous or malt liquors, or intoxicating bitters, and register his or their names, as such dealer. After 1st of April, 1882, sellers of liquors shall, before selling, register their names with Ordinary. Sec. II. Be it further enacted by the authority aforesaid , That as soon as the dealer has registered, as provided in section 1st of this Act, it shall be the duty of the Ordinary to notify the Comptroller-General of the State and the Tax Collector of his county, of the fact that such person, or the members of such firm, have registered his or their names as a dealer in spirituous or malt liquors, or intoxicating bitters. Duty of ordinary to notify tax collector and Comptroller General of such registry. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of the Comptroller-General to keep in his office a book, to be known and styled as a register of Liquor Dealers, and it shall be his duty, when notified by the Ordinary (as provided in section 2d of this Act) of a person, or the members of such firm, registering for the purpose of engaging in the sale of spirituous or malt liquors, or intoxicating bitters, to enter the name of such person, or the members of such firm in said book, said entries to be made in places set aside in said book of registry for each county in this State. Comptroller General shal keep register of liquor dealers. Sec. IV. Be it further enacted by the authority aforesaid , That it shall be the duty of the Tax Collector, as soon as he is notified of the registering of a person or the members of a firm, as a dealer in spirituous or malt liquors, or intoxicating bitters, as provided in section 2d of this Act, to enter the name of said person, or the members of such a firm, in a book to be known as a county register of liquor dealers, said book to be furnished the Tax Collector as hereinafter provided. Tax collector shall keep county register of liquor dealers. Sec. V. Be it further enacted by the authority aforesaid , That whenever a person, or members of a firm register, as provided in section 1st of this Act, it shall be the duty of such person, or members of such firm to pay to the Tax Collector of the county

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where such registry is made, the entire amount of the tax imposed for that year by the General Assembly in the general tax Act, before commencing to do the business for which he or they registered. When registry is made, dealer shall at once pay tax to tax collector. Sec. VI. Be it further enacted by the authority aforesaid , That where a person, or members of a firm register as a dealer in spirituous or malt liquors, or intoxicating bitters, and fail or refuse to pay the tax as provided in section 5th of this Act, or where a person, or members of a firm commence to sell spirituous or malt liquors, or intoxicating bitters, without complying with the requirements of section 1st of this Act, such person, or members of such firm shall be guilty of a misdemeanor, and it shall be the duty of the Tax Collector to give information against such person, or members of such firm, so violating the provisions of this Act, to the Solicitor-General of the circuit in which his county is located, and it shall be the duty of the Solicitor-General to draw up a bill of indictment against such person, or members of such firm, and when there is a true bill found by the grand jury, he shall prosecute such person, or members of such firm so indicted. On conviction of the offender or offenders, he or they shall be punished as prescribed in section 4310 of the Code of 1873. Where dealers fail to pay tax after registry. Tax collector shall give information. Punishment. Sec. VII. Be it further enacted by the authority aforesaid , That whenever a Tax Collector fails, or refuses to give the Solicitor-General the information provided in section 6th of Act, it shall be the duty of the Governor, upon proper proof being made before him of such failure or refusal by the Tax Collector to give information to the Solicitor-General, to order the Comptroller-General to issue fi. fa. against such Tax Collector and his bondsmen, for the amount of the tax which is due by the offender who has violated the provisions of this Act and against whom the Tax Collector has failed or refused to inform. Where tax collector fails to give information. Sec. VIII. Be it further enacted by the authority aforesaid , That it shall be the duty of the Comptroller-General to furnish each Ordinary and Tax Collector with a book upon which they shall enter the name of each person, or members of a firm registering as a dealer in spirituous or malt liquors, or intoxicating bitters. In the case of the Ordinary, it shall be his duty in registering the same to give the name, place of business, and when registered. In case of the Tax Collector, it shall be his duty to enter the name of the person, or members of a firm registered with the Ordinary, date when notified by the Ordinary, (as provided in section 2d of this Act) date of when tax was paid him, amount of tax paid, and date of remitting same to the Treasurer of the State. Duty of Comptroller General to furnish register. How said register shall be kept. Sec. IX. Be it further enacted by the authority aforesaid , That it shall be the duty of the Tax Collector to make quarterly reports of the amounts collected from dealers in spirituous or malt

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liquors, or intoxicating bitters to the Comptroller General at the time and in the manner as provided in an Act approved October 16th, 1879, Entitled an Act to provide for the return of special taxes by the Tax Collectors of this State and it shall be the duty of Tax Collectors to remit to the Treasurer of the State the amounts of their collections, less commissions at the time of forwarding their quarterly reports to the Comptroller-General. Tax collector to make quarterly reports to Comptroller General. And shall remit to State Treasurer. Sec. X. Be it further enacted by the authority aforesaid , That the commission to be allowed to the Tax Collectors for collecting these special taxes, shall be the same per centage as is now allowed them by the Act of September 26th, 1879, for collecting the general tax in their respective counties, upon the amount collected, and that the fee to be allowed the Ordinary for registering the name of the dealer in spirituous or malt liquor, or intoxicating bitters, shall be the same as now allowed by section 3694 of the Code for recording an official bond, provided said fee is paid by the party registering. Fees allowed Ordinary and Tax Collector. Sec. XI. Be it further enacted by the authority aforesaid , That no requirement of this Act shall be construed to relieve those so registering from any requirement imposed upon liquor dealers, by the laws of the United States, nor from any local tax or prohibitory law in reference to dealers in spirituous or malt liquors, or intoxicating bitters. This act does not relieve from law of U. S. or local laws. Sec. XII. Be it further enacted by the authority aforesaid , That it shall be the duty of the Ordinary and Tax Collector to lay before the grand juries of their respective counties, at the fall term of each meeting of their Superior Courts, the books of registry kept by each of them, and it shall be the duty of the grand jury to inspect said registers and compare, one with the other, and having made such inspection, if any discrepancies are found in said books, or if they find there are any dealers in spirituous or malt liquors, or intoxicating bitters, doing business in their county not reported, or registered on such books, it shall be their duty to report such discrepancy to the Comptroller-General and it shall be his duty, if the discrepancy is found to be in favor of the State to issue fi. fa. against said Collector for the amount so reported by the grand jury as being due the State, and if a person, or the member or members of a firm engaged in this sale of spirituous or malt liquor, or intoxicating bitters, have failed to register, or having registered have failed to pay, it shall be their duty to indict such persons as provided in section 6th of this Act, the penalty, on conviction, to be as prescribed in section 4310 of the Code. Grand jury to inspect registers. If there are any dealers not reported or registered grand jury shall report to Comptroller General. Duty of grand jury to indict. Punishment. Sec. XIII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881.

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TAX EXECUTIONSBY WHOM LEVIED. No. 316. An Act to provide for the collection of insolvent tax executions. 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 the county authorities of any county in this State, to place such tax executions as have been returned insolvent, in the hands of the Sheriff, or any Constable of the county for collection, to be levied, and sales thereunder to be made, in accordance with the regulations governing sales under executions issued from common law judgments. County authorities may place insolvent executions in hands of Sheriff and Ordinary. Sec. II. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are, hereby, repealed. Approved September 27th, 1881. TAX ON WILD LANDS. No. 353. An Act fo provide for the keeping of a record in each county of this State, of the wild lands lying and being therein; and to regulate the manner of giving in wild lands for taxation in this State. Section I. Be enacted by the General Assembly , That from and after the passage of this Act, the Comptroller-General of this State shall furnish to each Clerk of the Superior Court, of the several counties of this State, each, a list as he has in his office of all the lots of wild lands lying in the county of such Clerk, and it shall be the duty of the Clerk of each county to fully prepare and keep a book of record of such wild lands in his county properly indexed, so that the same may be readily referred to. Comptroller General shall furnish Clerks of Superior Court list of wild land lying in county of Clerk, and Clerk shall record same. Sec. II. Be it enacted by the General Assembly , That, from and after the passage of this Act, all wild lands in the State shall be given in for taxation as follows: Any person, whether a resident or non-resident of this State, owning wild lands in any county of this State other than that in which he resides, may be himself or agent go before the Ordinary or Tax Receiver of the county of his residence, if a resident of this State, and if not a resident of this State, then before the Ordinary or Tax Receiver of any county

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in this State, or any Commissioner of Georgia, resident in another State, or the Ordinary or Judge of the Probate Court or similar officer of the county of his residence, and make out a true return of all the wild lands owned by him in any county of this State under oath, and shall transmit the same to the Receiver of Tax-returns of the county in which the land lies, within the time prescribed by law for giving in taxes, and it shall be the duty of the Receiver of Tax-returns to enter the same on his digest, and to turn over all such returns so made to him to the Ordinary or County Commissioners of their respective counties, as the case may be, to be filed. How Wild Land shall be returned for taxation Sec. III. Be it further enacted , That any wild lands not given in for taxes in the county in which they may be, shall be subject to double tax, as other property, and it shall be the duty of the Receiver of Tax returns, when taxes are not paid in the time provided by law, to issue executions against said wild land, and after due advertisement, as now prescribed by law, to sell said lands for payment of taxes, and it shall be the duty of the Receiver of Tax-returns upon receipt by him of any return of lands, as herein provided for, to transmit immediately his receipt for such return to the person making the same: Provided , that the owner of any wild lots or tracts of land through which county lines may run shall be allowed to return said lots or tracts of land in either county containing any portion of said lots or tracts of land. Penalty for non-return, and payment of taxes Where lots are divided by county line. Sec. IV. Be it further enacted , That whenever any wild land is sold by virtue of a tax execution, issued as provided in this Act, the owner thereof, or the executor, administrator, guardian or trustee of such owner, shall have the privilege of redeeming said land thus sold within two years from the date of such sale, by paying to the purchaser the amount paid by such purchaser, together with interest thereon at the rate of twenty per cent. per annum. That upon the redemption as aforesaid by any owner of any lot of wild land sold under this Act, said owner, or his agent, shall receive any surplus of money which may remain in the hands of the Sheriff, after deducting the taxes and costs of such sale, and if said lot or lots are not redeemed in the time mentioned, all surplus funds arising from the sale of wild land shall be paid over by the Sheriff having possession of such funds, to the State Treasurer, with a list of the lands from which said sums were derived. When sold for taxes how redeemed. How surplus over tax to be disposed of. Sec. V. Be it further enacted , That if any person has given in his lands as herein prescribed, and shall suffer injury by the failure of the Receivers of Tax-returns to do their duty, the officer so offending shall be liable on his bond to the party so damaged for the full value of the land sold. Liability of Tax-Receiver for injury from failure of duty. Sec. VI. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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TAX RETURNS OF INSURANCE COMPANIES. No. 383. An Act to prescribe the manner and mode of making returns by Insurance companies to the Comptroller-General of this State and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first of May 1882, Insurance companies doing business in this State in making their returns to the Comptroller-General for purposes of taxation, shall give the name of each agent acting for such company, and post-office address of same; the aggregate amount of risks underwritten in this State during the tax year hereinafter provided; the amount of premiums received, and the losses paid and unpaid by agencies. After 1st of May, 1882, Insurance Companies shall return name of each agent, amount of risks and of premiums. Sec. II. Be it further enacted by the authority aforesaid , That the returns provided for in the preceding section shall be made by the President, or some other duly authorized officer of the company duly sworn to, and shall be forwarded to the Comptroller-General, on or before July 1st, of each year, and at time of making such return, the amount of tax due by said company upon premium receipts, or otherwise, shall be forwarded to the Treasurer of this State. Returnshow made. When made. Sec. III. Be it further enacted by the authority aforesaid , That the returns hereinbefore required to be made to the Comptroller-General shall embrace a period of time commencing with May 1st, and ending with April 30th, next preceding the date of the return made, and companies making same must notify the Comptroller-General of officer or attorney in this State against whom legal process shall issue in case it becomes necessary for the Comptroller to issue fi. fa. against said companies for any violation of the laws in this State governing Insurance companies, or for the non-payment of taxes due by them. What time return covers. Sec. IV. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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TAX SALES BY MUNICIPAL CORPORATIONS. No. 389. An Act to amend an Act entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27th, 1877. Whereas, by a clerical error, the word two was substituted for the word ten in the enrolled copy of the above recited Act, whereby a purchaser at municipal corporation tax sale would only receive two per cent. premium on the purchase money of any property so sold, instead of ten per cent. as intended, therefore the General Assembly of the State of Georgia, do enact: Preamble. Section I. That the word two in the first section of the above recited Act as enrolled, be changed to ten; so that purchasers at tax sales by municipal corporations in this State shall receive ten per cent. premium on the purchase money. Purchasers at tax sales of municipal corporation to receive ten per cent. premium. Sec. II. All laws and parts of laws in conflict with the above are hereby repealed. Approved September 29th 1881. TAX ON DEALERS IN IRON SAFES. No. 390. An Act to levy and collect a tax from dealers in iron safes doing business in the State. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, each iron safe company selling or dealing in iron safes, of home or foreign manufacture, by itself or its agent in this State, and all dealers in iron safes, selling or dealing in iron safes of home or foreign manufacture, shall pay the sum of $200.00 for each year or fractional part thereof, to the Comptroller-General, at the time of commencement of business for each year, and all iron safes belonging to such companies, their agents or dealersin possession of such companies, agents, dealers, or others, shall be liable to seizure and sale for the payment of such tax. $200.00 tax to be paid by dealers in Iron Safes. Safes liable to seizure and sale for tax. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act, be and same are hereby, repealed. Approved September 29th, 1881.

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COUNTY TAXES FOR PAUPERS. No. 392. An Act to enlarge the powers of county authorities in this State as to levying taxes for pauper purposes. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, the county authorities who are charged with the control of the finances of their county shall be, and they are hereby, authorized to levy a tax for the support of the paupers of their county which shall not exceed twenty-five per cent upon the amount of the State tax for the year such pauper tax is levied. County authorities may levy tax for paupers. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. RETURN OF LAND FOR TAXES ON UNDETERMINED COUNTY LINES. No. 402. An Act to fix and determine the manner of returning for taxes land divided by undetermined county lines, where the owner resides upon the land. 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, any plantation whereon the owner resides which shall be divided by a county line, or lines, and said county line, or lines, shall not be definitely ascertained and distinctly marked, shall be returned for taxation by the owner in any of the counties in which a part of said plantation may lie, which the owner may hereafter elect. Where land is divided by undetermined county lines, it may be returned in any county where part of it lies. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and are hereby, repealed. Approved September 29th, 1881.

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TITLE III. CONSTITUTION. ACTS. Amending Act to supply Confederate soldiers with artificial limbs. Re-apportionment of House of Representatives. How county lines shall be changed; carrying into effect Par. 3, Sec. 1, Art. 2 of Constitution of 1877. ARTIFICIAL LIMBS FOR CONFEDERATE SOLDIERS. No. 250. An Act to amend an Act entitled an Act to carry into effect the last clause of paragraph 1, section 1, article 7 of the constitution of 1877, approved September 20th, 1879, by adding an additional proviso to the first section of said Act, so as to allow persons who went into the service of the State or Confederate States from this State and lost an arm or a leg, but who were not residents in the State at the time of the passage of the Act, but who have since returned and become bona fide citizens thereof, to participate in the benefits of said Act. Section I. Be it enacted by the General Assembly , That, from and after the passage of this Act, the first section of an Act entitled an Act to carry into effect the last clause of paragraph 1, section 1, article 7 of the constitution of 1877, approved September 20th, 1879, which is an Act to supply the soldiers enlisted in the service of the Confederate States from this State with artificial limb or limbs, be amended by adding the following additional proviso to said section, to come in after the proviso as the section now stands, to-wit: Provided, further , That in all cases where any person entered the service of this State, or of the Confederate States, being at the time of his enlistment a citizen of this State, but who lost an arm or a leg in such service, but who was a non-resident at the time of the passage of the above recited Act, but has since become a bona fide citizen of this State, shall be entitled to

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participate in the benefits of said Act as fully as though he had been a citizen of the State at the time of the passage of this Act. Extends benefit of Act of Sept. 20th, 1877, to non-residents who have since become residents. Sec. II. Be it further enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved September 22d, 1881. HOUSE OF REPRESENTATIVES APPORTIONED. No. 320. An Act to change the apportionment of Representatives in the General Assembly amongst the several counties of this State, as provided for in article 3, section 3, paragraph 1 of the constitution of the State of Georgia. Section I. The General Assembly 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, Floyd, Fulton and Richmond, three Representatives each; to the twenty-six next largest, to-wit: Bartow, Carroll, Cobb, Coweta, Decatur, DeKalb, Greene, Gwinnett, Hall, Hancock, Harris, Houston, Jackson, Jefferson, Meriwether, Monroe, Muscogee, Oglethorpe, Pike, Putnam, Sumter, Thomas, Troup, Walton, Washington and Wilkes, two Representatives each, and to the remaining one hundred and five counties one Representative each. How House of Representatives shall be apportioned. Sec. II. Be it further enacted , That this Act shall not take effect until the terms of the members of the present House of Representatives expire. Takes effect. Sec. III. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved September 27th, 1881.

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COUNTY LINESHOW CHANGED. No. 368. An Act to provide for carrying into effect paragraph 3 of section 1, article 11 of the constitution of this State, and to repeal an Act entitled an Act to carry into effect paragraph 3, section 1 of article 11 of the constitution of this State, approved October 14th, 1879. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, county lines shall be changed in the following manner: Whenever a citizen, or any number of citizens, of any county in this State shall desire to have the boundary line of the county of his or their residence changed, it shall be competent for such citizen or citizens to file in the office of the Ordinaries of the counties to be affected by such change, at least ninety days before the first day of the next term of the Superior Court of the counties whose boundaries are to be affected by the proposed change, a petition in writing, setting forth the exact character of the change to be made, specifying particularly the situation, direction, and existing marks and monuments, if any, of the original line, and describing particularly the direction, location and length of the proposed new line; and setting forth the reasons for such change. The person or persons applying for such change shall also give notice of the intention to apply for such change, by publishing the same for at least thirty days next preceding the terms of the Superior Court to be held in the counties to be affected by the proposed change, which terms shall be those occurring next after the filing of the petition with the Ordinaries as above provided, by publishing such notice in a public gazette having general circulation in each of the counties to be affected by the change, and by posting at the door of the court-house in each of such counties, and at three public places in every militia district adjacent to the line to be changed, a like notice of the intention to apply for such change, and such posting shall be for a period at least thirty days next preceding the terms of the Superior Court to be held in the counties to be affected by such change next after the posting of the notice aforesaid. Petition to be filed with Ordinary of counties to be affected. When to be filed. What petition shall contain. Notice of application to be given by publication. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Ordinaries of the counties whose dividing line is sought to be changed, to lay before the grand juries of their respective counties, on the first day of the term of the Superior Courts to be held next after the publication of the notice and the filing of the petition provided for in the preceding section,

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the original petition, together with all maps, plats and other papers that may have been filed therewith, and if such grand juries shall, by a two-thirds vote of their respective bodies, approve the change applied for, they shall so declare in their general presentments, and this action of the grand juries shall be certified at once by the Clerks of such Superior Courts to the Ordinary, Board of Commissioners of Roads and Revenues, or other officer having the control of county business in the counties to be affected, who shall, within thirty days from the date of such certification, approve or disapprove the application, and certify their action to the Ordinaries of their respective counties. When said Ordinaries shall have satisfactory evidence of the concurrent approval of the grand juries, and of the officer or officers charged with the control of county business in the counties to be affected, they shall cause to be published for at least thirty days, in a public gazette having general circulation in their respective counties, an official notice of such concurrent approval and a description of the line approved. Petition to be laid by Ordinary before grand jury Ordinaries shall publish approval if made, and description of new line. Sec. III. Be it further enacted by the authority aforesaid , That when all the proceedings shall have been had in the manner prescribed in the preceding sections of this Act, and where the same shall have been fairly recorded by said Ordinaries on the minutes of their respective courts, the new line or lines shall be held to have been established in lieu of the original line or lines. When new lines shall be held to be established. Sec. IV. Be it further enacted by the authority aforesaid , That the entire cost of advertising and recording the petition, descriptions and all other papers and proceedings relating to the proposed change, shall be paid by the person or persons applying therefor, and that an Act entitled an Act to carry into effect paragraph 3, section 1, article 11 of the constitution of this State, approved October 14th, 1879, and all other laws conflicting with this Act be, and the same are hereby, repealed. Costs to be paid by applicant. Act of Oct. 14th, 1879, repealed. Approved September 28th, 1881.

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TITLE IV. CODE AMENDMENTS. ACTS. Providing means to prevent sale of personal property levied on under mortgage fi. fa. To authorize more speedy sale of mortgaged personal property. Prescribing when garnishee shall answer in Justices' Courts. Defendants in certiorari may traverse Magistrate's return. Judges disqualified when they presided in same case in inferior judicature. Providing for strict post-mortem examination in certain cases. Notice required of application to sell perishable personalty, levied on summarily. Amending general paragraph as to elections for Fence or No Fence. Acceptances of bills of exchange required to be in writing. More effectually to prohibit sale of lottery tickets, combinations, etc. Mistakes of reference in lien laws corrected. In relation to Supreme Court practice. Repealing Section 1711 of the Code, and substituting different provisions. Copy note or account to be attached to Justice Court summons. Penalty for keeping unlicensed drug or apothecary store. Time for convening Presidential Electors changed. Practice in equity causes as to filing answers. Homestead estate under Section 2040how vested on death of wife. Term and appointment of State Librarian. Quarantine jurisdiction of Darien extended. Clerks of Superior Courts disqualified for Justices of the Peace. Providing for causes where Ordinary is disqualified. Penalty for gaming extended to servants or agents. Maiming hogs punished. Penalty for bestiality changed. Kidnapping extended to children under age of eighteen. All peddlers required to have license. Relating to fees of jailors. Delivery of Code and Acts by Justices of the Peace going out of office. Inspection of grain in bulk, and fee. Service of subp[UNK]nas duces tecum from Justices' Courts. Service of notice to produce books, etc., in Justices' Courts. General fence law made applicable to Militia Districts.

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SALE OF PERSONAL PROPERTY UNDER MORTGAGE FI. FA. No. 21. An Act to alter and amend section 3976 of the Code of 1873, so that no order from the Judge to pass the order of foreclosure upon personal property shall be necessary to postpone the sale of the mortgaged property. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 3976 of the Code of Georgia of 1873 be, and the same is hereby amended by striking out therefrom all such portions thereof, or referring thereto, as provide for the procuring the order of the Judge to restrain the levying officer from selling property taken and levied under mortgage fi. fa. against personal property, and that said section 3976 of said Code, when amended, shall read as follows: When an affidavit of illegality shall be filed, as in the preceding section provided for, and the mortgagor, or his special agent or attorney, shall give bond, with good and sufficient security, in double the amount of such execution, conditioned for the return of the property when called for by the levying officer, which bond shall be made payable to the plaintiff, who may sue thereon for condition broken, the levying officer shall postpone the sale of said property, and return all the proceedings and papers in the case to the court from which the execution issued, when the issue shall be tried as other cases of illegality; and the jury shall be sworn to give at least twenty-five per cent. damages to the plaintiff, on the principal sum, in case it shall appear that the affidavit was made for delay only, and where the mortgagor is unable from poverty to give the required bond and security, and will make affidavit of the fact, stating also in said affidavit that he has been advised and believes that his grounds of illegality will be sustained, such affidavit shall be accepted by the levying officer in lieu of the bond and security hereinbefore provided for, but the property shall remain in the hands of the levying officer, unless sold under special order of court, under section 3648 of the Code of 1873. Section 3976 of Code amended. When affidavit of illegality is filed and bond given, sale of property levied on under mortgage fi. fa. shall be postponed. Pauper affidavit may be made. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th 1880.

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SPEEDY SALE OF MORTGAGED PERSONALTY. No. 30. An Act to alter and amend section 3972 of the Revised Code of Georgia, relating to the levy and sale of mortgaged personal property, and to authorize a more speedy sale thereof. 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, section 3972 of the Code of 1873, and which provides that mortgaged personal property levied on by a Sheriff or Coroner shall be advertised weekly for eight weeks before the same is exposed for sale, be altered and amended by striking out of said section the word eight, and inserting in lieu thereof the word four, so that said section, as amended, shall read as follows: When the execution mentioned in the preceding section shall be delivered to the Sheriff or Coroner, as the case may be, it shall be his duty to levy on the mortgaged property wheresoever the same may be found, and after advertising the same in one or more public gazettes of this State weekly for four weeks before the day of sale, the said Sheriff or Coroner shall put up and expose said property to sale at the time and place and in the same manner as govern in case of Sheriffs' sales. Mortgaged personal property when levied on may be sold after publication of levy for four instead of eight weeks. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. GARNISHEES' ANSWER IN JUSTICE COURTS. No. 31. An Act to amend section 4161 of the Code of 1873, which provides for the answering of garnishments in Justice Courts of this State. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4161 of the Code of 1873 be amended by striking from said section the words within ten days in the third line, and by striking from said section the words from the day of service in the fourth line, and inserting in lieu thereof the words at the term to which the garnishment is made returnable, and by striking out the words 3229 of this Code, and inserting in lieu thereof the words 3305 of the Code of 1873, so

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that said section, when amended, will read as follows: When process of garnishment is sued out returnable to any Justice Court and served upon the garnishee, it shall be the duty of the garnishee to answer at the term to which the garnishment is made returnable, and in case of 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, and when the garnishee appears and answers that he is indebted to, or has effects in his hands belonging to, the defendant, the Court shall proceed as prescribed in section 3305 of the Code of 1873. Garnishee in Justice Court shall answer at term to which garnishment is made returnable. When garnishee admits indebtedness. Approved December 6th, 1880. Note.Hearn vs. Adamson, 64 Ga., 608. TRAVERSE TO MAGISTRATE'S RETURN TO CERTIORARI. No. 42. An Act to amend section 4066 of the Code of 1873, allowing the plaintiffs to traverse the truth of the answer or return in cases of certiorari. Section. I. Be it enacted by the Senate and House of Representatives in General Assembly met , That section 4066 of the Code of 1873 which provides that the plaintiff in ceritorari may, at the first term and before the hearing, traverse the truth of the answer or return, be, and the same is hereby, amended by inserting, after the words the plaintiff in the first line thereof, the words or defendant. Defendants in certiorar may traverse Magistrate's returns. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 7th, 1880.

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DISQUALIFICATION OF JUDGES. No. 77. An Act to amend section 205 of the Code of 1873 in relation to the disqualification of Judges or Justices of any court, Ordinaries, Justices of the Peace, and presiding officers of inferior judicatures, by inserting after the word counsel in the sixth line of said section the following words to-wit; Nor in which he has presided in any inferior judicature when his ruling or decision is the subject of review. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, section 205 of the Code of 1873, in relation to the disqualification of Judges or Justices of Court, Ordinaries, Justices of the Peace, and presiding officers of other inferior judicatures, be amended by inserting after the word counsel in the sixth line in said section, the following words to-wit: Nor in which he has presided in any inferior judicature when his ruling or decision is the subject of review, so that said section as amended shall read as follows to-wit: No Judge or Justice of any court, no Ordinary, Justice of the Peace, nor presiding officer of any inferior judicature, or commission, can sit in any cause, or proceeding in which he is pecuniarily interested, or related to either party within the fourth degree of consanguinity or affinity, nor in which he has been of counsel, nor in which he has presided in any inferior judicature, when his ruling or decision is the subject of review without the consent of all the parties in interest; Provided , that in all cases in which the presiding Judge of the Superior Court may have been employed as counsel before his appointment as Judge, he shall preside in such cases, if the opposite party or counsel agree in writing that he may preside, unless the Judge declines so to do. Judges shall not preside in any case tried before them when Judge of inferior judicature, when their ruling is subject for review. Sec. II. Be it further enacted by authority of the same , That all laws and parts of laws in conflict with this law be, and the same are hereby, repealed. Approved August 10th, 1881.

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POST-MORTEM EXAMINATIONS. No. 91. An Act to amend section 4109 of the Code of 1873 which relates to post-mortem examination, and to provide for the same in certain cases. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 4109 of the Code of 1873 shall be amended as follows: In the third line between the words examination of and the contents, the words the viscera and shall be inserted. Also, in the fourth line the word physicians shall be stricken and the word chemists stand in lieu thereof. Also, at the close of said section the following shall be added: In any case if the Coroner and a majority of the jury shall believe that the ends of justice can only be attained by a thorough post-mortem examination the Coroner may employ a competent and impartial physician to make such examination, and the physician so employed shall be paid out of the county treasury such sum as may be agreed to by the Coroner and jury; Provided , that the amount shall not exceed twenty dollars. Said section, when so amended, shall read as follows: If the verdict of the jury suggest that the death was caused by poison the Coroner shall have power to cause an accurate examination of the `viscera' and the contents of the stomach and intestines by skillful chemists, and the reasonable expenses of such examination shall be paid out of the county treasury. In any case, if the Coroner and a majority of the jury shall belie e that the ends of justice can only be attained by a thorough post-mortem examination, the Coroner may employ a competent and impartial physician to make such examination, and the physician so employed shall be paid out of the county treasury such sum as may be agreed to by the Coroner and jury; provided , that the amount shall not exceed twenty dollars. Coroner shall, when verdict of Jury suggests that death was caused by poison, have examination made. And may, when majority of jury believethere should be thorough post-mortem examination employ physician to make same. To be paid from County Treasury, where sum does not exceed twenty dollars. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881.

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NOTICE OF JUDICIAL SALE OF PERSONALTY. No. 100. An Act to amend section 3648 of the Revised Code of 1873, which provides for the summary sale of perishable personalty levied on, requiring notice to be given in every case where application is made for an order to sell personal property in a summary manner. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, section 3648 of the Revised Code of 1873 be, and the same is hereby, amended by adding the following words to said section: Provided, further , that no judicial officer shall grant any order for the sale of personal property where the defendant in fi. fa. or other process, or his attorney, has not had at least two day's notice of applicant's intention to apply for such order, which notice shall specify the time and place of hearing, and, in cases of attachment for purchase money falling within this section, like notice shall be furnished the plaintiff or his attorney, and in no case shall such notice be dispensed with, except where it shall be made to appear that it is impracticable to have such notice perfected, or the case is an urgent one; in which latter event the court may, in the exercise of a sound discretion, grant such order without notice. Notice of two days must be given of application for summary sale of perishable property. What notice must contain. Wen dispensed with. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 24th, 1881. ELECTIONS FOR FENCE OR NO FENCE. No. 110. An Act to amend section one thousand four hundred and fifty-five of the Code of Georgia of 1873, which provides for submitting to the lawful voters of any county in this State, upon the petition of fifty free-holders of such county the question of fence or no fence, by authorizing elections to be held under said section at such time as the Ordinary shall appoint, and by striking out the proviso to said section, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, section 1455

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of the Code of Georgia be, and the same is hereby, amended by striking from the sixteenth line of said section the words, on the first Monday in July, following, and inserting in lieu thereof the words, at such time as said Ordinary shall appoint. Ordinary may order election on question of fence. Sec. II. Be it further enacted , That said section 1455, be further amended by striking out the proviso contained in the two last lines thereof, as follows: Provided , said elections shall not be held oftener than one time in every two years, so that said section, when amended, will read as follows: The foregoing provisions of sections 1449, 1450, 1451, 1552, 1453 and 1454, shall become operative in any county of this State, upon the following terms and conditions: Whenever so many as fifty free-holders in any county of this State shall petition the Ordinary of any county for the benefit of the provisions of said sections, said Ordinary shall at once make known throughout said county by advertisement in the public gazette, if there is one published in said county, and by notices at all election precincts, and public places therein, that such petition has been filed in his office, such notices to be published twenty days. If a counter-petition of free-holders is filed, amounting to fifty persons, then the Ordinary shall proceed no further. If such petition of free-holders is not met by such counter-petition, or if met by such counter-petition, is supported by a petition of so many as twenty-five additional free-holders, then the Ordinary aforesaid shall at once proceed to have an election held in such county at such time as said Ordinary shall appoint in which the question shall be submitted to the lawful voters of said county of fence or no fence, said election to be held at the court-ground in each militia district, and under the same rules and regulations as provided for members of the General Assembly, and after thirty day's notice at the most public places in said county; Provided , that no person shall be allowed to vote at said election, except in the militia district in which he resides. The returns of said election shall be made to the Ordinary of said county, and after examining the same and deciding upon all questions which may arise out of said election, he shall proclaim the result by notice, as aforesaid. If the lawful majority in said election is for no fence, then the provisions of said six sections shall take effect in such county within six months thereafter. Proviso. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and are hereby, repealed. Approved August 26th, 1881.

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ACCEPTANCES OF BILLS OF EXCHANGE. No. 117. An Act to amend section 1950 of the Code of 1873, which enumerates the obligations required to be in writing to bind the promissor, by adding thereto acceptances of bills of exchange. Section I. The General Assembly of the State does hereby enact , That, from and after the passage of this Act, section 1950 of the Code of 1873, shall be amended by adding to the enumeration therein specified of obligations required to be in writing so as to bind the promissor, the following, viz: 8. An acceptance of a bill of exchange. Acceptances of Bills of Exchange required to be in writing Sec. II. And it is further enacted , That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 30th, 1881. SALE OF LOTTERY TICKETS, DEVICES, ETC. No. 118. An Act to alter and amend section 4549, Code of 1873, which prohibits the sale of tickets in lotteries and gift enterprises, so as to more effectually prohibit and prevent the sale of tickets, combinations, numbers or devices indicating the distribution of prizes or chances in any lottery, gift enterprise, or other similar scheme or device, and to prescribe suitable penalties, and to repeal section 4548, Code of 1873, which prohibits the sale of lottery tickets. Section I. Be it enacted by the General Assembly of the State of Georgia , That section four thousand five hundred and forty-nine (4549), Code of 1873, be, and the same is, so altered and amended as to read as follows, to-wit: It shall not be lawful for any person or persons in this State, either by himself or his agent, to sell or offer for sale, or to procure for, or to furnish to, any person or persons, any ticket, number, combination, or chance, or anything representing a chance in any lottery, gift enterprise, or other similar scheme or device, whether such lottery, gift enterprise, or scheme, shall be operated in this State or not, and each and every person who shall violate the provisions of this Act shall be

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guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Section 4,549 of the Code amended so as to more strictly define offense of selling, or offering for sale, lottery tickets, etc. Penalty. Sec. II. Be it further enacted , That section four thousand five hundred and forty-eight of the Revised Code of 1873, which prohibits the sale of lottery tickets, be, and the same is hereby, repealed. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved August 30th, 1881. MISTAKES OF REFERENCE IN LIEN LAWS CORRECTED. No. 172. An Act to correct certain mistakes of reference in the lien laws of this State as contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code of 1873. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, paragraph 4 of section 1978 of the Code of 1873 which reads as follows: Such person giving false information as to the facts aforesaid shall be deemed a common cheat and swindler, and on conviction thereof shall be punished as prescribed in section 4245 of this Code, be, and the same is hereby, amended so that said paragraph shall read, Such person giving false information as to the facts aforesaid, shall be deemed a common cheat and swindler and on conviction thereof shall be punished as prescribed in section 4310 of this Code. Par. 4, of Sec. 2978, of the Code, amended by inserting as Penalty punishment prescribed in Sec. 4310, of the Code, in lieu of Sec. 4245. Sec. II. Be it further enacted by the authority aforesaid , That section 1987 of the Code of 1873, which reads as follows: Pawnees as described in section 2110 of this Code, factors as described in section 2085 of this Code, bailees as described in section 2079 of this Code, unless otherwise provided in this article, acceptors as described in section 2979 of this Code, shall have such liens as are in this Code designated; such liens 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 of mortgages duly recorded, judgment liens, and other general liens reduced to execution and levied be, and the same is hereby, amended, so that section shall read, Pawnees as described in section 2138 of this Code, factors as described in section 2111 of this Code, bailees as described

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in section 2100 of this Code, unless otherwise provided in this article, and acceptors as described in section 2779 of this Code, shall have such liens as are in this Code designated; such liens 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 of mortgages duly recorded, judgment liens and other general liens reduced to execution and levied. References in Sec. 1987 of the Code changed so as to substitute 2138, 2111, 2100 and 2779, for 2110, 2085, 2079 and 2979 respectively. Sec. III. Be it further enacted by the authority aforesaid , That the last sentence in section 1989 of the Code of 1873 which reads as follows: This section shall not affect the rights of attorneys under sections 1998 and 3789 and decisions of the Supreme Court thereon, be, and the same is hereby, amended so that said section shall read, This section shall not affect the rights of attorneys under section 1998 and 354,5 and decisions of the Supreme Court thereon. Sec. 1989 of the Code amended so as to substitute 3545 for 3789. Sec. IV. Be it further enacted by the authority aforesaid , That section 1992 of the Code of 1873 which reads as follows, Liens of pawnees, innkeepers, boarding-house keepers, livery-stable men and attorneys-at-law in possession of personal property under a lien for fees, shall be satisfied according to the provisions of section 2112 of this Code, in cases where there is no notice of conflicting liens, but if there is a conflicting lien, the mode of foreclosure pointed out in section 1991 shall be pursued, be, and the same is hereby, amended by striking out from said section the words, section 2112 of this Code, and inserting in lieu therof the words, section 2140 of this Code. Section 1992 of the Code, amended so as to substitute 2112. Sec. V. Be it further enacted by the authority aforesaid , That section 1994 of the Code of 1873 which reads as follows: Liens in favor of creditors by judgment, decree or mortgage, and the lien for costs due to the State in criminal cases as provided for in section 4699, shall remain as under existing laws except when altered by the provisions of this article, and the lien of vendors under section 2606, 2607, 2608 shall remain as now regulated by law, and the priority of liens given by this Code to judgments for the purchase money of real estate over all other liens is hereby confirmed, be, and the same is hereby, amended by striking out of said section the words, section 2606, 2607, 2608, and inserting in lieu thereof the words, sections 2648, 2649 and 2650. Section 1994 of the Code, amended so as to substitute 2648, 2549 and 2650 for 2606 2607 and 2608. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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SERVICE OF BILLS OF EXCEPTIONS. No. 186. An Act to amend section 4259 of the Code of Georgia, in reference to the service of bills of exceptions. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4259 of the Code of Georgia, in reference to the service of bills of exceptions, be amended by adding to said section the following words: In cases where such opposite party is the State, or where such opposite party does not reside in the county where such bill of exceptions is sued out, and such bill of exceptions cannot be served personally upon the attorney of such opposite party by reason of his absence from the county of his residence, service may be perfected by leaving a copy of such bill of exceptions at the residence of such attorney. Provides for Bill of Exceptions by leaving copy at residence of attorney in certain cases. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. PRACTICE IN DIVORCE CAUSES, No. 198. An Act to repeal section 1711 of the Code of 1873, and to insert another section in lieu thereof. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1711 of the Code of 1873, which reads as follows, Divorces may be granted by the Superior Court, and shall be of two kinds, total, or from bed and board. The concurrent verdict of two special juries, at the same term or otherwise, shall be necessary to a total divorce (and in case there be but one panel of grand jurors empaneled at the same term, it shall be lawful for the presiding Judge to have a second jury empaneled from said grand jury, composed of grand jurors summoned to the same term, and in the event of a deficiency, the same may be completed by tales jurors under the direction of said Judge), ( a ) a divorce from bed and board may be granted on the verdict of one special jury, be, and the same is hereby, repealed. Repeals, Section 1711 of the Code. Sec. II. Be it further enacted by the authority aforesaid , That

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in lieu thereof the following shall be inserted as section 1711, and shall be the law: Divorces may be granted by the Superior Court, and shall be of two kinds, total, or from bed and board. The concurrent verdict of two juries at different terms of the court, shall be necessary to a total divorce. A divorce from bed and board may be granted on the verdict of one jury. Total Divorces must be on two verdicts at different terms. Granted on the verdict of one jury. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 1st, 1881. JUSTICE COURT SUMMONS. No. 249. An Act to amend section 4139 of the Code in relation to summons in Justice Courts, so as to require a copy of the note, account or cause of action sued on to be attached to the summons. 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 section 4139 of the Code of Georgia be amended by adding the following words at the end of said section, to-wit: And the Justice of the Peace or Notary Public shall attach a copy of the note, account, or cause of action sued on by said summons at the time the same is issued, so that said section when amended will read as follows: All suits before Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, shall be commenced by written summons, which shall be issued and signed by the Justice of the Peace or Notary Public of the district in which the suit is brought, and shall be directed to any lawful Constable of the county in which the suit is commenced, commanding the defendant to appear at the time and place of trial, which time and place shall be specified in said summons, and such Justice of the Peace or Notary Public shall attach a copy of the note, account, or cause of action sued on to said summons at the time the same is issued. Section 4139 of the Code amended by requiring copy note or account to be attached to summons in Justice Courts. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 21st, 1881.

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UNLICENSED DRUG OR APOTHECARY STORE. No. 250. An Act to amend section 1408 of the Code of 1873, which prescribes the punishment for keeping a drug, or apothecary store without first procuring a license, as required by law. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1408 of the Code of Georgia be, and the same is hereby, amended by striking out the words to be fined not less than one thousand nor more than five thousand dollars, and for a continuation after said conviction, to the like fine and imprisonment not exceeding six months, and inserting in lieu thereof the words, `shall be punished as prescribed in section 4310 of the Code of Georgia of 1873; so that said section 1408, as amended, shall read as follows, to-wit: Any person violating the preceding section is liable to indictment, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1873. The onus of proof is upon the defendant to show his authority. Penalty for keeping unlicensed drug or apothecary store changed. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be and the same are hereby, repealed. Approved September 21st, 1881. PRESIDENTIAL ELECTORS. No. 292. An Act to amend section 1312 (thirteen hundred and twelve) of the revised Code of Georgia of 1873, providing for the time of convening the Presidential Electors by the Governor. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same , That section 1312 of the Revised Code of Georgia of 1873, providing the time when the Presidential Electors shall be convened by the Governor, be, and is hereby amended by striking from said section the words the first Monday in December, and inserting in lieu thereof the last Monday before the first Wednesday in December, so that said section, as amended, shall read as follows: On the twentieth day after said election shall

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have taken place, it is the duty of the Governor to consolidate the several returns and immediately notify those persons of their election who have received a vote amounting to a majority, and to require their attendance at the Capitol on the last Monday before the first Wednesday in December, thereafter, to cast the vote of the State on the Wednesday following, at twelve o'clock M. Time for convening Presidential Electors changed from first Monday in December to Monday before the first Wednesday. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 24th, 1881. ANSWERS IN EQUITY. No. 295. An Act to amend section 4194 of the Code of 1873, which prescribes the time within which answers must be filed in equity cases by providing for cases where demurrers or pleas are filed, but not determined at the first term. Section I. The General Assembly of the State of Georgia hereby enacts , That, from and after the passing of this Act, section 4194 of the Code of 1873, shall be amended by the addition to the first sentence thereof, of the following words, viz: Except when a demurrer or plea, or both, shall have been filed, but not determined at the first term, in which case the answer need not be filed until the determination of the demurrer or plea, or both, against the defendant, and then the answer shall be filed within such reasonable time as the Court shall, under the circumstances of the case, think proper to prescribe; and the order prescribing such time may be made by the Judge in vacation, as well as in court, during a term, and shall be entered on the minutes, and the case shall stand for trial upon the issues made by the bill and answer at the first term after the filing of the answer, unless otherwise directed by the Court, and in all cases the demurrer and plea shall be determined before the trial upon bill and answer. Where there is demurrer or plea in equity causes, answer need not be filed until they are determined. When answer shall be filed. Sec. II. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved September 24th, 1881.

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VESTING OF HOMESTEAD UNDER SECTION 2040 OF THE CODE. No. 300. An Act to alter and amend section 2048 of the Code of 1873. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, section 2048 of the Code of Georgia of 1873, which reads as follows, to-wit: The property exempt under this law shall be for the use of the wife or widow, and at her death, or intermarriage, to be equally divided between the children of her former marriage then living, be so amended and altered as to read as follows, viz: The property exempt under this law shall be for the use and benefit of the family of the debtor from whose estate said property has been exempted and allowed, and upon the death of the wife, or her subsequent marriage, said property shall remain for the support and benefit of the minor children of the said debtor, during their minority. Exemption under Section 2040 of the Code after death or subsequent marriage of wife remains for support of minor children. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. STATE LIBRARIAN. No. 303. An Act to regulate and fix the mode of appointment, and the official term of the State Librarian, and to repeal that portion of section 72 of the Code of 1873, which relates to the State Librarian being appointed and removed at the pleasure of the Governor. 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 the duty of His Excellency, the Governor of this State, to select and present for confirmation by the Senate, some fit and competent person (who shall be a citizen of this State,) to serve as State Librarian, whose term of office shall be four years, and until his successor shall have been chosen and confirmed in like manner, as herein provided and declared. The term of State Librarian shall be four years, and his appointment must be made by the Governor and confirmed by the Senate.

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Sec. II. Be it further enacted , That so much of section 72 of the Code of 1873 as relates to the appointment to, and removal from, office of the State Librarian by the Governor be, and the same is hereby, repealed. Section 72 of Code as to executive control of Librarian repealed. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. QUARANTINE JURISDICTION OF DARIEN. No. 307. An Act to amend section 1377 of the Code of 1873, relating to quarantine jurisdiction. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 1377 of the Code of 1873, be amended by inserting after the words Ossabaw Sound to Tybee the words: And the jurisdiction of the corporation of Darien shall, in cases of quarantine, extend to all ships and vessels which shall enter any port or inlet from St. Catherine's to Doboy Sound, so that said section shall read as follows: Any town may establish a quarantine therefor, at any place within the harbor, if a seaport town, but in such manner as not to interfere with the rights of private property, and the jurisdiction of the corporation of Savannah shall, in cases of quarantine, extend to all ships and vessels which shall enter at any port or inlet from Ossabaw Sound to Tybee and the jurisdiction of the corporation of Darien shall, in cases of quarantine, extend to all ships and vessels which shall enter at any port or inlet from St. Catherine's to Doboy Sound, including all inlets, rivers, and creeks within those limits. Quarantine jurisdiction of town of Darien under Section 1377 of the Code extended. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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CLERKS OF SUPERIOR COURTS DISQUALIFIED FOR JUSTICES OF THE PEACE. No. 308. An Act to repeal the last clause of section 441 of the Code of 1873, and to amend said section in so far as the same declares Clerks of the Superior Courts eligible and qualified for the office of Justice of the Peace. 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 last clause and sentence of section 441 of the Code of 1873 which reads as follows: Being a Clerk of the Superior Court shall be no disqualification, be, and the same is hereby, repealed and stricken out from said section 441, so that said section, as amended, shall read as follows: All persons are eligible to the office of Justice of the Peace who are entitled in the county in which the district is situated to vote for members of the General Assembly, who have been three months in the district next preceding the election, and who do not labor under any disqualification. Clerks of the Superior Courts disqualified from being Justices of the Peace. Section 441 of the Code amended. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. Note.Sections 469 and 470 of the Code of 1873. DISQUALIFICATION OF ORDINARY. No. 311. An Act to alter and amend section 326 of the Code of Georgia, of 1873, which provides how matters and causes pending in the Ordinary's Courts are disposed of when such Ordinary is disqualified. 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, section three hundred and twentysix (326) of the Revised Code of 1873 of this State, be altered and amended by adding after the word court in said section the words hereinafter set forth so that said section, when by this Act

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amended shall be, and read as follows, viz; When the Ordinary is disqualified, the proceedings shall be carried as though by consent of parties, by appeal to the Superior Court, and when the appeal shall have been entered and filed in the office of the Clerk of the said Superior Court, (which shall be done without delay) the Judge of the said Superior Court is authorized and hereby empowered to pass any and all orders, and issue all citations or processes as in the matter, cause or proceeding, appealed as before herein provided, in the same manner and upon such terms as the Ordinary would be authorized to do if he were not so disqualified; and the said Judge of the Superior Court may pass any such order, and issue such citations either in term time, or during vacation at chambers, and all orders or citations made and passed by such Judge, shall be entered by the Clerk of said Superior Court upon the minutes of said Court, and shall also be transmitted by said Clerk of said Superior Court, to the Court of Ordinary of such county, and shall likewise be recorded on the minutes of such Court of Ordinary; Provided , nothing herein contained shall authorize or empower such Judge to pass upon or determine any controverted questions or issues of fact, or caveats filed to any application or in any proceedings so appealed from the Ordinary, but all issues of fact, controverted questions and caveats , shall be passed upon at the regular terms of said Court, and by the jury, except by the consent of all parties at interest, who shall agree that the same may be determined and passed upon by the said Judge, and in the meantime temporary letters shall issue or other legal means used, if necessary, to preserve the estate. When Ordinary is disqualified, proceedings in his court taken, as by consent, to Superior Court. Judge of Superior Court to pass orders and issue citations. In term time or vacation. Orders and citationshow recorded. Issues of fact to be determined by jury. Unless by consent. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881. PENALTY FOR GAMING EXTENDED TO AGENTS Etc. No. 313. An Act to amend section 4540 of the Revised Code of 1873, so as to include servants and agents within the provisions and penalties of said section. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4540 of the Revised Code of 1873 be amended by inserting the words, his servants and agents after the

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word person in the sixth line of said section, so that said section when amended will read as follows, to-wit: If any person shall, by himself, or servant, or agent, keep or employ any faro table, E. O. table, or A. B. C. table, Roulette table, or any other table of like character, and shall either by himself, servant or agent preside or deal at any faro table, or use any E. O., or A. B. C., Roulette table, or other table of like character, for the purpose of playing and betting at the same, such person, or his servant or agent so offending shall, on conviction, be punished as prescribed in section 4310 of the Code. Servant or agent of keeper of gaming table punshed. As prescribed in Section 4310 of the Code. Sec. II. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 27th, 1881. MAIMING HOGS PUNISHED. No. 318. An Act to amend section 4612, of the Code of 1873, which provides a penalty for killing and maiming cattle and hogs, by adding in the fourth line thereof after the word maliciously, the words maim or.' Section I. Be it enacted by the General Assembly , That, from and after the passage of this Act, section 4612, of the Code of 1873, which provides a penalty for killing or maiming of cattle or hogs, be amended by adding after the word maliciously, in the fourth line thereof the words maim or, so that said section, when amended, will read as follows: If any person shall maliciously maim or kill any horse, mule, bull, steer, ox, cow, calf, heifer, or other animal falling under the description herein before given of horses or cattle, or shall maliciously maim or kill a hog or hogs, such person so offending shall, on conviction, be punished as prescribed in section 4310 of this Code; Provided , that when the person killing or maiming such animal or animals shall, upon trial thereof, 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 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 feet high. Maiming hogs punished under Section 4310 of the Code.

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Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. PENALTY FOR BESTIALITY CHANGED. No. 319. An Act to amend section 4355 of the Code of 1873, which relates to the punishment for the crime of bestiality. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, section 4355 of the Code of 1873, be so amended as to read as follows: The punishment of bestiality shall be imprisonment in the penitentiary of this State for a term not less than five years, nor more than twenty years, in the discretion of the presiding Judge. Penalty for bestiality. Not less than five nor more than twenty years. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. KIDNAPPING. No. 345. An Act to alter and amend section 4368 of the Revised Code of Georgia, and an Act approved February 28th, 1876 amendatory thereof, in reference to the kidnapping of children. 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, section 4368 of the Revised Code of Georgia, and an Act approved February 28th, 1876 amendatory thereof, in reference to the kidnapping of children, be, and the same is hereby, amended by striking therefrom the word twelve in the fourth line of said section, and inserting in lieu thereof the word eighteen, so that said section, when amended, shall read as follows: If any person shall forcibly, maliciously or fraudulently, lead, take or carry away, or decoy, or entice away any child under the age of eighteen years, from its

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parent or guardian, or against his, her or their will or wills, and without his, her or their consent, or consents, such person so offending, shall be indicted for kidnapping, and on conviction shall be punished by imprisonment and labor in the penitentiary for any term not less than four, nor more than seven years. Kidnapping extended to children under eighteen years. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. LICENSE OF PEDDLERS. No. 351. An Act to amend section 1631 of the Code of 1873, which relates to granting license to pedlers or itinerant traders in any article not manufactured in this State, and to repeal section 1633 of the Code of 1873 relating to the same subject. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 1631 of the Code of 1873, which relates to granting license to peddlers or itinerant traders in any article not manufactured in this State, be amended by striking out in the second line of said section the following words: in any article not manufactured in this State, and by striking out from the sixth line thereof the following words, to-wit: provided it is not less than fifty-dollars, so that said section, when amended, shall read as follows: Every peddler or itinerant trader by sample, or otherwise, must apply to the Ordinary of each county, where he may desire to trade, for a license which shall be granted to him on such terms as said Ordinary has or may impose. They are authorized to impose such tax as they may deem advisable, to be used for county purposes. The license extends only to the limits of the county. All peddlers must have license. Sec. II. Be it further enacted by the authority aforesaid , That section 1633 of the Code of 1873, which relates to the same subject, be, and the same is hereby, repealed. Section 1633 of the Code repealed. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, Approved September 28th, 1881.

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JAILER'S FEES. No. 365. An Act to alter and amend section three thousand six hundred and ninety-eight (3698) of the Revised Code of 1873 in regard to fees of Jailers, and to regulate the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 3698 of the Revised Code of 1873, which now prescribes the fees of Jailers shall be altered and amended by adding the following as a proviso at the end of said section: Provided , that nothing contained in this section shall be construed to vary or repeal any local Act regulating the fees of Jailers. Section 3698 of the Code not to affect local laws as to jailers' fees. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. DELIVERY OF CODE AND ACTS BY JUSTICES GOING OUT OF OFFICE. No. 378. An Act to amend section four thousand five hundred and five of the Code of Georgia, which requires Justices of the Peace and Notaries Public to keep, and exhibit to the grand juries, dockets of the cases tried by them. 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 forty-five hundred and five (4505) of the Code of Georgia, which requires Justices of the Peace and Notaries Public to keep, and exhibit to the grand juries, dockets of the cases tried by them shall be amended by adding the following words after the word inspection in the ninth line of said section, to-wit: Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace, who have been elected or appointed since the previous session of the grand jury, shall, at the time of exhibiting their dockets, also report to the grand jury whether their predecessors in office have delivered to them the copies of the Code and Acts

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of the General Assembly, which they have received from the State, as required by law, and if said predecessors in the office of Justices of the Peace or Notaries Public who are ex-officio Justices of the Peace have withheld or detained such books, then the grand jury shall make a special presentment against such person or persons withholding or detaining such books under section forty-four hundred and seventy-four (4474) of the Code of Georgia. Justices and Notaries required to report whether predecessors have turned over Code and Acts. If same are not turned over, Grand Jury shall present. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. INSPECTION OF GRAIN IN BULK. No. 394. An Act to amend section 1562 of the Code of Georgia in reference to the inspection of grain. 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, section 1562 of the Code of Georgia in reference to the inspection of corn meal, corn and other grain, be, and the same is hereby, amended by inserting the words, or in bulk, after the word barrels, and before the word when in the third line of said section, and by inserting after the word barrel, and before the word to, in the last line of said section the words following, to-wit: And when the grain inspected is in bulk the sum of twenty-five cents per car-load, so that said section, as amended, shall read as follows: It shall be the duty of every inspector of flour to inspect Indian corn and corn meal, wheat and other grain in bags, or in barrels, or in bulk, when requested by the owner or consignee to do so, and he shall brand only such as he may deem to be sound and merchantable, for which his compensation shall be three cents per bag, or barrel, and when the grain inspected is in bulk the sum of twenty-five cents per car-load, to be paid by the owner or consignee as aforesaid. Grain in bulk may be inspected. Fee. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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SUBP[UNK]NAS DUCES TECUM FROM JUSTICES COURTS. No. 399. An Act to amend an Act entitled an Act to amend section 3514 of the Code of 1873, approved February 24th, 1877, by adding to the first section of said Act the words when returnable to the Superior Court, and when returnable to a Justice Court shall be served five days. Section I. Be enacted by the General Assembly of the State of Georgia , That section first of an Act, entitled an Act to amend section 3514 of the Code of 1873, approved February 24th, 1877, which relates to the service of subp[UNK]nas duces tecum in the courts of this State, be, and the same is hereby amended, by adding to said first section of said Act, the words, when returnable to the Superior Court, and when returnable to a Justices Court, shall be served five days, so that said Act, as amended, will read as follows: That section 3514 of the Code of Georgia of 1873, be, and the same is, amended by authority aforesaid, as follows: After the words in said section, said subp[UNK]na shall be served, the words thirty days be stricken out, and in place thereof the following words be inserted: Upon such person if a resident of the county where such case is pending, ten days, and if not a resident of such county, twenty days, when returnable to the Superior Courts, and when returnable to a Justice Court five days. Subp[UNK]nas duces tecum from Justices' Courts to be served five days before papers, etc., are to be produced. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. NOTICE TO PRODUCE BOOKS ETC., IN JUSTICE COURTS. No. 400. An Act to amend section 3509 of the Code of 1873, by inserting between the word attorney and the word ten, in the fourth line of said section, the words, when returnable to the Superior Courts, and by inserting between the word days, and the word before, in the fourth line of said section, the words, and when returnable to a Justice Court shall be served five days. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 3509 of the Code of Georgia which relates

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to the service of notice to produce books or other writings, to be used as evidence in the courts of this State be, and the same is hereby, amended by inserting between the word attorney and the word ten, in the fourth line of said section, the words, when returnable to the Superior Courts, and by inserting between the word days and the word before, in the fourth line of said section the words, and when returnable to a Justice Court shall be served five days, so that said section, as amended, will read as follows: The notice required by the preceding section shall be in writing, signed by the party seeking the production of the books or other writings, or his attorney, and served on the adverse party, or his attorney, when returnable to the Superior Courts, ten days, and when returnable to a Justice Court, shall be served five days before the production of the books, writings, or other documents, shall be required; Provided , such party resides in the county where the suit is pending; if out of said county, and within one hundred miles, fifteen days, if over one hundred miles and less than two hundred miles, twenty days, and if beyond the limits of this State, sixty days. Notices to produce books, etc in Justices' Courts to be served five days before time for production. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. FENCE LAW FOR MILITIA DISTRICTS. No. 401. An Act to extend the provisions of sections 1449, 1450, 1451, 1452, 1453, and 1454, of the Revised Code of Georgia, which relate to the fence and stock laws of this State, by making the same applicable to militia districts, and to provide for the erection of fences around district lines. 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 provisions of sections 1449, 1450, 1451, 1452, 1453, and 1454 of the Revised Code of Georgia, shall become operative in any militia district of this State, upon the following terms and conditions: Whenever so many as fifteen free-holders, or a majority of free-holders in any militia district of this State, shall petition the Ordinary of any county in which said district is located, for the benefit of the provisions of said foregoing sections, said Ordinary shall give notice of said petition by advertising the same in the public gazette, if there be one published in said county, and

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by notices at all election precincts and public places in said district, which said notices shall be published for twenty days, and said Ordinary shall at once proceed to have an election held in said militia district at as early a day as practicable to be designated by him after said notices have been given, in which the question shall be submitted to the lawful voters of said district in the following form to-wit: For fence or stock law; said election to be held at the places and under the same rules and regulations as are provided for members of the General Assembly, and after fifteen days' notice at the most public places in said district. The returns of said elections shall be made to the Ordinary of said county who, after examining the same, and deciding upon all questions which may arise out of said election, shall proclaim the result by notice as aforesaid. If the lawful majority in said elections is for stock law, then the provisions of said six sections shall take effect in such militia district within six months thereafter; Provided , that said election shall not be held oftener than one time in every year. On petition of majority of freeholders, Ordinary shall order election of Fence or No Fence. Notice to be given. Electionhow held. If majority is for stock law, Sections 1449-50-51-52-53 and 1754 made applicable. Sec. II. Be it further enacted , That whenever any militia district shall adopt the provisions of the stock law, it shall be the duty of the Ordinary (or such other tribunal as may have jurisdiction over county matters) as soon as practicable after said adoption, to have good and substantial fences erected around the lines of said district in order to prevent the incursions of stock from other counties or districts, and for this purpose he is empowered to enter upon the land of any person of said district or county, and have fences constructed across any public or private road; provided , that proper gates are established in such public or private roads. Ordinary shall have district fenced. Sec. III. Be it further enacted , That said Ordinary (or such tribunal as may have jurisdiction over county matters) shall be empowered to levy and collect a tax upon the property of said district sufficient to defray the expenses of erecting and maintaining said fences, said tax to be collected at the same time and in the same manner as other State and county taxes are collected; provided , that whenever any person should prefer to pay the tax required of him by this section in labor or material, he may upon application to said Ordinary (or tribunal as aforesaid) pay the same by furnishing rails and erecting (under the supervision of said county authority) such proportion of said fence as shall be equal in value to the amount of taxes due by him. Said labor and material to be valued by said county officer at the customary prices for such in each county. Expense to be paid by tax on district. Tax may be paid in labor or material. Sec. IV. Be it further enacted , That the laws now of force with regard to legal fences as found in sections 1443, 1444, 1445, 1446, 1447 and 1448, shall apply to all fences erected in pursuance

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of the foregoing section, and all persons disturbing or injuring the same shall be punished as now prescribed by law. Fence around district must be legal. Sec. V. Be it further enacted , That it shall be the duty of any person or persons driving stock of any kind through the public roads of any district in which the stock law is of force, so to herd and drive the same, that they shall not be allowed to enter upon or work injury to the lands or crops of the citizens thereof, and for violation of this section shall be dealt with as other trespassers. Persons driving stock through fenced district must keep same from trespass. Sec. VI. Be it further enacted , It shall be the duty of the Ordinary (or such tribunal as aforesaid) in any county where any district of the same has adopted the provisions of this Act, to have erected substantial and convenient gates in fences at the crossings of all public highways and neighborhood roads; and whenever any person residing in said district shall desire a crossing on his own lands, he shall be permitted to erect and keep up such gates at his own expense. And any person who shall wilfully and unlawfully leave open any of the said gates, or do any wilful damage to the same, or to the fences erected for the purposes aforesaid, shall be fined in a sum not exceeding twenty dollars, or imprisonment not longer than twenty days. That any gate erected across a public road, under the provisions of this Act, shall be so constructed that the same can be opened and shut without dismounting from any horse or vehicle that may be desired to pass through the same. Gates must be erected. Punishment for tearing down said gates. Sec. VII. Be it further enacted , That each owner or proprietor of lands in any militia district, adopting the provisions of this Act, who shall rent his lands, or establish a system of tenantry thereon, shall furnish pasturage for at least one cow and calf, for the family of each tenant, provided that said tenant shall do his proportionate part of fencing. Landlords in said district must furnish pasturage. Sec. VIII. Be it further enacted , That nothing herein contained shall prevent any district which has adopted this law from voting at any county election on the stock law. District adopting this law can vote on county stock law. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TITLE V. COUNTY OFFICERS. ACTS. Sales by Constables and Bailiffs of perishable property. Repealing Act of August 21st, 1879, making Tax Collectors ex-officio Sheriffs. Dockets of Justices of the Peacehow furnished. Compensation provided for certain Tax Collectors and Receivers. Fixing fee of Justice of the Peace and Con-table for foreclosure of chattle mortgages. Insolvent costs of Justices and Constables for preliminary investigations to be paid from county fines and forfeitures. Fee Bills of Clerks of the Superior Courts. Fees of Public Weighers of cotton fixed. Sheriff's Fee Bill. For Compensation of Ordinaries, Sheriffs, and Clerks, where their fees have not been fixed by law. To require Clerks of Superior and City Courts to record original papers. Bonds of County officers not field in time legalized. Clerks of Superior Courts required to deliver up ballots in contested election cases. SALES BY CONSTABLES OF PERISHABLE PROPERTY. No. 2. An Act to amend an Act entitled, An Act to require Constables and Bailiff's to sell only on the regular monthly court days, only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping, approved August 1st, 1879. Section 1. Be enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the same , That an Act entitled an Act to require Constables and Bailiffs to sell only on the regular monthly court days, only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping, approved August 1st, 1879, be, and the same is hereby, amended by striking out the words Judge of the Superior Court, or Ordinary, in the tenth and eleventh lines

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of the first section of said Act, and inserting in lieu thereof the words, Justice of the Peace. Sale by Constables or Bailiffs of perishable property ordered to be sold by Justices of the Peace. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. AN ACT MAKING TAX COLLECTORS EX-OFFICIO SHERIFFS REPEALED. No. 22. An Act to repeal and Act, entitled An Act to confer additional power upon the Tax Collectors of the several counties of this State, and to make said Tax Collectors ex-officio Sheriffs in certain cases, and for other purposes, approved August 21st, 1870. Section I. Be it enacted by the General Assembly of Georgia , That an Act entitled an Act to confer additional powers upon the Tax Collectors of the several counties of this State, and to make said Tax Collectors ex-officio Sheriffs in certain cases, and for other purposes, approved August 21st, 1879, be, and the same is hereby, repealed. Act making Tax Collectors ex-officio sheriffs in certain cases repealed. Sec. II. Be it further enacted by the authority aforesaid , That whenever the Sheriff, or other officer, of any county shall collect any tax fi. fa. over one hundred dollars he shall be entitled to one dollar for costs, and for collecting any tax fi. fa. of one hundred dollars or under, fifty cents for costs. Fee of Sheriff or other officer for collecting tax fi. fas. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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DOCKETS OF JUSTICES OF THE PEACEHOW FURNISHED. No. 49. An Act to require the Ordinaries, Boards of Commissioners of Roads and Revenues, or other tribunal having the charge and control of county matters, in the several counties in this State, to furnish at the expense of the county, good and durable dockets to each Justice of the Peace and Notary Public who is ex-officio Justice of the Peace, in their respective counties; and to require the said Justices and Notaries Public to return their dockets when full, together with all the papers connected with the cases therein disposed of, unmutilated, to the office of the Clerk of the Superior Court of the county, whose duty it shall be to carefully preserve, keep and file away said dockets and papers in his office. 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 Ordinaries, Boards of Commissioners of Roads and Revenues, or other tribunal having the charge and control of county matters in the several counties in this State, to furnish, at the expense of the county, good and durable dockets to each Justice of the Peace and Notary Public who is ex-officio Justice of the Peace in their respective counties; Provided , that said dockets shall not cost more than two dollars' each. Officers having charge of county matters must furnish Justices and Notaries with dockets. Not to cost more than two dollars. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the said Justices of the Peace and Notaries Public to return their dockets when full, together with all the papers connected with the cases therein disposed of, and in like manner their old dockets and papers, when they shall receive new dockets under this Act, to the office of the Clerk of the Superior Court of the county, whose duty it shall be to carefully file away, preserve and keep said dockets and papers in his office. Dockets when full to be returned to office of Clerk of Superior Court. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 30th, 1881.

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COMPENSATION OF CERTAIN TAX COLLECTORS AND RECEIVERS. No. 98. An Act to provide for the compensation of certain Tax Collectors and Receivers of Tax-returns for services performed during the year 1880. Whereas, in certain counties of this State, the offices of Tax Collector and Receiver of Tax-returns had been by special Acts consolidated and specified compensation for such officer provided therein; and, Whereas , by the terms of a general Act approved October 16th, 1879, all such special Acts were repealed, said repealing Act to take effect in January, 1881; and, whereas , by the terms of another general Act, approved September 26th, 1879, fixing the compensation of Tax Collectors and Receivers of Tax-returns all special Acts fixing a different compensation were repealed, said repealing Act to take effect January 1st, 1880; and, whereas , such officers in such counties as were controlled by said special Acts above referred to, performed during the year 1880 the duties of both Tax Collector and Receiver of Tax-returns, but received compensation for only one office; therefore: Preamble. Section I. The General Assembly of Georgia do enact , That the Comptroller-General shall certify to the Governor what officers are included under the state of facts above recited, their names, the counties in which they performed the service, and shall also certify the amounts justly due to each of them, respectively, under the rate of compensation fixed by the general Act, approved September 26th, 1879, for performing the duties of Collector or Receiver, as the case may be, and for which they have received no compensation; and on such facts being so certified to the Governor, he shall draw his warrant on the Treasury in favor of such officers for the respective amounts so due them which said amounts are hereby appropriated for that purpose; Provided , that the State shall pay to said officers such sums only as may be ascertained to be due to them on account of State taxes, and shall not pay to said officers any sums that may be due to them for, or on account of, county taxes. Compensation provided for officers holding office of both Tax Collector and Receiver during the year 1880. Only compensation for collecting State tax to be paid by State. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 25th, 1881.

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FEES FOR FORECLOSURE OF CHATTEL MORTGAGES. No. 157. An Act to fix the fees of Justices of the Peace, and Constables, in cases of foreclosure of chattel mortgages, and for other purposes. Section I. The General Assembly of Georgia do enact , That in all foreclosure of chattel mortgages before Justices of the Peace, as provided by the terms of the Act, approved, October 16th, 1879, the fees of the Justice in each case shall be one dollar for the entire proceeding, whether litigated or not, and the fees of the Constable in each case shall be the same as in proceedings with a common law fi. fa. Fee of Justices of the Peace fixed at $1.00 in foreclosures in chattel mortgages. Constables' fee. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and they are hereby, repealed. Approved September 12th, 1881. PAYMENT OF INSOLVENT COSTS TO JUSTICES AND CONSTABLES FOR PRELIMINARY INVESTIGATIONS. No. 176. An Act to amend An Act entitled an Act to require the payment of moneys arising from fines and forfeitures into the county treasury, and regulate the disbursement of the same, approved February 29th, 1876. 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 fourth of the above recited Act be amended by inserting between the words, county and having, in the third line of said section fourth of said Act, the words, or before whom a preliminary investigation may be had, and also Constables, so that said fourth section, when so amended, will read as follows: That any officers of the county court, or any Notary Public or Justice of the Peace having jurisdiction for the trial of misdemeanors in any county, or before whom a preliminary investigation may be had, and also Constables having a like claim for costs, shall present the same to the Judge of said court in the form prescribed in the preceding section, and which order, when approved and entered on the minutes of said county court, if any, and if

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not, then on a book prepared and kept by said county court, said Notary Public or Justice of the Peace, for that purpose, the same shall be a warrnt on the County Treasurer to be paid out of any fines and forfeitures arising from proceedings in said county court, in accordance with the laws providing for the distribution of fines and forfeitures in the Superior Court. Insolvent costs of Justices of the Peace and Constables for preliminary investigations to be paid out of county fines and forfeitures. Sec. II. Be it further enacted by authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. FEE BILL OF CLERKS OF THE SUPERIOR COURTS. No. 305. An Act to prescribe the fees of Clerks of the Superior Courts in this State, and to provide for the payment of the same. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, the Clerks of the Superior Courts of this State shall be entitled to charge and collect the following fees for official duties performed by them, towit: Fee-bill of Clerks of Superior Courts. In civil cases For filing and docketing suit, $ 2 00 For copying and issuing process, 2 00 For each copy, after first copy, 50 For entering verdict, or judgment on minutes, 2 00 For filing all pleas in any case, 50 For recording proceedings in civil cases, per hundred words, 15 For issuing fi . fa ., 50 For entering fi.fa . on execution docket, 25 For each subp[UNK]na issued, 15 For writ of partition of land, and recording proceedings in the case, 5 00 For exemplification of record per one hundred words, 15 For recording articles of partnership under law regulating limited partnerships 5 00 For recording incorporation of joint stock, or any other in- corporated company, 5 00 For proceedings to forfeit charter, 10 00 For furnishing and certifying any bill, or process, order, etc., for publication, 1 00 For recording liens and mortgages, and deeds, per hundred words $ 15 For trials of nuisances and recording proceedings, 5 00 For issuing commissions to examine witness, 1 00 For recording any instrument of writing, not specified, per one hundred words, For recording each homestead of personalty per one hun- dred words, 15 For recording each petition of realty oand personalty, per one hundred words, 15 For recording plat of homestead, 1 00 For each certificate of record of homestead, 50 For every foreclosure of mortgage on personalty, whole service, 3 00 For every foreclosure of mortgage on realty, whole service, 6 00 For every claim case, 3 00 For every illegality case, 3 00 For every ceritorari case, 3 00 For docketing each motion, 50 and fifteen cents per hundred words for recording motions. For every rule, versus Sheriff or other officer, whole service, 3 00 For every appeal case, whole service, 3 00 For every appeal case, settled before verdict, 1 50 For recording and copying proceedings in chancery, and bills of exception to Supreme Court, per one hun- dred words, 15 For issuing writ of injunction in equity, 3 00 For issuing writ of subp[UNK]na in equity, 2 00 For entering remitter from Supreme Court, 1 00 For certificate and seal, each, 50 For scire facias , to make parties, 1 50 For each copy, 1 00 For recording order on minutes, each, 75 For issuing jury scrip, each, 10 For inspection of books, when their aid is required, 25 For each day's service in attending upon the Court, 3 00 For change of name, recording proceedings, 5 00 For examination of record and abstract of result, 1 50 For declaration of intention to become citizen of United States, 2 50 For recording and taking oath to become a citizen upon minutes, including certificate of naturalization 2 50 In criminal cases For service in docketing and entering bills of indictment or presentments on minutes in case of nolle prosequi , 3 00 For service in said cases where defendant is tried, or pleads guilty, or there is settlement, $ 5 00 For transcribing and recording evidence in State cases, per one hundred words, 15 For recording forfeitures of bond on minutes 1 00 For issuing scire facias after forfeiture, original, 1 50 For each copy, 1 00 For each subp[UNK]na, 15

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Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, but no statute in force in this State which provides compensation for Clerks of the Superior Court for discharge of a duty not herein provided for, is hereby repealed. No statute hereby repealed which provides compensation for Clerk. Approved September 27th, 1881. PUBLIC WEIGHERS OF COTTON. No. 315. An Act to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any scalesman, salesman, or other person in any of the cities, towns or villages of this State, engaged in the business of weighing cotton bales, to charge or receive more than ten cents per bale for weighing the same, nor to charge or receive for re-weighing any bale of cotton which has once been taxed ten cents for weighing, more than five cents for such re-weighing. Fee of public weighers of cotton fixed at 10 cents per bale. Five cents per bale for reweighing. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, and any merchant, factor, or other person, in whose employment said person may be at the time of such violation, provided the same is done with the consent or knowledge of said factor, merchant, or other person, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the common jail of the county not exceeding six months. Penalty for taking larger fee. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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SHERIFFS' FEE BILL. No. 327. An Act to prescribe the fees of Sheriffs in this State, and to provide for the payment of the same. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That, from and after the passage of this Act, the Sheriffs of this State shall be entitled to charge and collect the following fees for official duties performed by them, to-wit: Fees of sheriffs fixed. In civil cases For serving copy of a process and returning original, per copy, $ 2 00 If suit from another county (to be paid in advance), 2 00 For summoning each witness, 50 For summoning jury and attending trial to assess dam- ages for right-of-way, 5 00 For services in every case before a jury, 1 25 For each levy on fi.fa ., 2 00 For search and return of nulla bona , 1 00 For serving a garnishment or rule against garnishee, 1 00 If more than one, for each additional copy, 1 00 For summoning jury to try case of nuisance, 3 50 For summoning juries at each term of Superior Court, 10 00 For commissions on sales of property on sums of fifty dollars or less, 5 per cent. On excess above fifty dollars up to five hundred and fifty dollars, 2 per cent. For all sums exceeding five hundred and fifty dollars, on excess, 1 per cent. No commission shall be charged unless property is actually sold. For making out and executing titles to land, 3 50 If presented by purchaser, 1 00 For executing bill of sale to personal property when demanded by purchaser, 1 00 For forthcoming bonds, 1 00 For executing process against tenant holding over to intru- der upon land, to dispose him, 3 50 For taking and returning counter-affidavit when summary process to dispossess tenant, or intruder is resisted, 2 00 For settling each execution in his hands, settled without sale, 2 00 For settling execution from Justice Court, 1 00 For keeping a horse or mule per day, $ 50 For keeping each head of cattle per day, 15 For keeping each head of sheep, hogs or goats, per day, 05 For levying an attachment, 2 00 For following property out of county with attachment, for every mile going and returning, 05 For attendance on Superior Courts, not to exceed 20 days per annum, per day, 5 00 For each day more than twenty, 2 00 For attendance on Courts of Ordinary, per day, 2 00 For attendance at elections, as required by law, each day, 2 00 The per diem for attendance on courts, and elections, and service in summoning jurors shall be paid by the county. In criminal cases For recommitting prisoner when habeas corpus is sought for his relief, 1 25 For removing a prisoner by order of any court $ 2.00 per day, and actual necessary expenses. For summoning a prisoner under habeas corpus , when no mileage is paid, per day, 2 00 For attending a person taken by warrant to the Judge's chamber, for each time, 1 25 For conducting a prisoner before a Judge or court to and from jail, 1 25 For executing and returning a bench warrant, 2 00 For apprehending a person suspected, if committed or held to bail, 2 00 For each person not exceeding two, who may be employed to guard a prisoner to and from jail, per day, 1 50 For taking bonds in criminal cases, 1 00 For executing a criminal 10 00 For executing a warrant of escape, 1 00

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Mileage fees, executing criminal, and for guards, herein provided, shall be paid by the county, and no criminal cost herein provided for shall be collectable out of the defendant until after conviction, except costs accruing upon forfeited recognizances. Certain fees to be paid by county. Sec. II. That Sheriffs, being ex-officio jailers, shall receive the following fees for official duties performed by them, to-wit: For turning key on receiving, discharging, or conducting a prisoner before any court, sixty cents. For dieting a prisoner confined in jail on any ground whatever, such fees as may be fixed by the Ordinary or Commissioners of the county who are invested by law with power to fix said fees. Whenever jail fees are chargable to the county the same shall be paid monthly; Provided , nevertheless, that no local law regulating county jails or fixing salaries

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for jailers, or their fees, shall in any way be affected or repealed by this Act. Sheriffs' fees as ex-officio jailers. No local law hereby affected. Sec. III. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, except that no statute in force in this State which provides compensation for Sheriffs for discharge of a duty not herein provided for, shall be hereby repealed, but the same shall continue in force, and except that no local law shall be hereby affected; Provided , that if provisions be made by local or special law for such special compensation, then the Sheriff shall not be entitled to compensation, both under this Act and under such local or special law. No law fixing compensation for duty is hereby repealed. No local law hereby affected. Approved September 27th, 1881. FEES OF ORDINARIES, CLERKS, AND SHERIFFS WHERE NOT FIXED BY LAW. No. 334. An Act to provide for the compensation of certain public officers of this State. Section I. Be it enacted by the General Assembly of Georgia , That the Ordinaries of this State who, by law, are vested with the management of the county business, and for whom no compensation is now provided, and the Sheriffs and Clerks of the Superior Courts for public services in relation to which existing laws provide no compensation, shall be compensated as follows, to-wit: Such officers shall state their respective claims in writing and make affidavit of the correctness and justness thereof, which so made out and verified shall be submitted to the grand juries of the Superior Courts of the respective counties at the spring term, and said grand juries may, in their discretion, require other proof of the justice and correctness of said claims, and when satisfied that such claims are just and correct, may allow the sum claimed, or so much thereof as they may deem right and proper, and when so allowed the Ordinary of such county, or other authority levying county taxes, shall assess so much with the other county taxes as will pay the same, which, when collected and paid over to the County Treasurer of such county, shall be paid by him to the parties entitled thereto, without further order, he taking a proper receipt therefor. Ordinaries managing county business for whom no compensation is fixed, and Sheriffs and Clerks for public services for which no compensation has been fixed, to be paid how. Tax may be levied. Sec. II. Be it further enacted , That the compensation provided in this Act shall be in full of all compensation of said officers for such services. Compensation provided in this Act shall be in full.

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Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. RECORD OF ORIGINAL PAPERS IN SUPERIOR AND CITY COURTS. No. 335. An Act to require all Clerks of the Superior and City Courts to make immediate record of certain original papers filed in said Courts, and to prescribe penalties for failure on the part of said Clerks to comply with the requirements thereof, and to provide for the use of certified copies of said record, and for other purposes. 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, every Clerk of the Superior or City Courts of this State must record immediately in his book of final records the declaration and pleas in common laws actions, and the bill and answer in equity cases, together with all petitions, motions, pleas in equity, demurrers, and any and every other part of the pleadings in every case, both at common law and in equity, all garnishments, affidavits, bonds, and answers thereto, all attachment affidavits, bonds and writs of attachment, all claim affidavits, and bonds, and all bonds given in any judicial proceeding, and no Clerk shall allow any of such papers to be taken from his office before recording them as herein required, and such record shall be a part of the final record of the papers required by law to be made, or all such record, as the case may be. The Clerk shall, if any subsequent paper in the cause is recorded, make a reference at the foot of the record hereby required to the page where such subsequent record may be found, and shall also state the case in the index to the book of record, and enter the numbers of the pages on which the same is to be found. Clerks of the Superior and City Courts must record certain original papers. Pleadings. Garnishments. Attachments. No such paper to be taken from office before record. Subsequent records. Sec. II. Be it further enacted , That when any paper so record ed becomes lost or destroyed, the same may be substituted by a certified copy thereof from the Clerk of the Court; but there shall be no charge taxed or collected for any such copy, if the loss of the same is caused by or results from any negligence or fault of the Clerk. Certified copy. No charge for copy where original has been lost by fault of Clerk. Sec. III. Be it further enacted , That any Clerk who shall fail to discharge the duties hereinbefore set forth in the preceding sections,

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is subject to be fined by the presiding Judge, during term time, as for a contempt, and of his own motion, whenever said Judge shall discover that said Clerk has failed to discharge the duties herein mentioned; and it shall be the duty of the Judges of the several Superior Courts to give this law specially in charge to the grand juries, and to require them to inform the Court whether or not the Clerk has performed the duties specified as aforesaid; Provided , nevertheless, that the Clerks shall not be punished for contempt under this Act until after the paper or papers required to be recorded have been filed for three months, provided , that the provisions of this Bill shall not apply to cases dismissed and settled before said record is made. Clerk subject to fine for failure to comply with this Act. Proviso. Sec. IV. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved September 28th, 1881. BOND OF COUNTY OFFICERS NOT FILED IN TIME LEGALIZED. No. 356. An Act to legalize and provide for the enforcement of the bonds of county officers who filed their official bonds after the time had elapsed for executing and filing such bonds under existing laws. Section I. Be it enacted by the General Assembly of the State of Georgia , That where any county officer, heretofore elected, has filed his official bond after the time prescribed by law for executing and filing such bond had elapsed, and such officer and his sureties have entered into an agreement with the Governor that said bond shall be as valid and binding, and enforced in like manner as if it had been filed within the time required by law, such bond shall be, in all respects, a valid and binding statutory official bond to the same extent as if it had been executed and filed within the period prescribed by law, and may be enforced against such officer and his sureties in the same manner, and by the use of the same remedies, as if it had been duly and legally filed. County officers' bonds. Sec. II. Be it further enacted by the authority aforesaid , That where county officers, heretofore elected, have filed their official bonds after the time prescribed by law had elapsed, duly executed by such officers and their sureties, and such officers have entered upon and are exercising their official functions with the knowledge and without the objection of their respective sureties, such

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bonds, though not filed within the prescribed time, shall nevertheless be valid and binding statutory official bonds, and may be enforced against both the principal and sureties, in the same manner and by the use of the same legal remedies as if said bonds had been filed within the time prescribed by law. Where officers have filed bond later than time fixed, bond shall be valid, legal bond. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28th, 1881. DELIVERY OF BALLOTS IN ELECTION CASES. No. 361. An Act to compel Clerks of the Superior Court to deliver up ballots in their possession and control to the person who presides at the taking of testimony in contested election cases, so as to secure a compliance with the law, as set out in section 1331 of the Code of 1873. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, if any Clerk of the Superior Court who by law is intrusted with the ballots of any election shall fail or refuse to deliver up such ballots where the same are demanded of him in accordance with the laws of this State, as set out in section 1331 of the Code of 1873, where such ballots are required as evidence in any contested election case, such Clerk of the Superior Court, so failing or refusing, shall be guilty of a misdemeanor under the laws of this State, and upon his conviction thereof, in any court having jurisdiction, shall be punished by fine and imprisonment, the fine not to be less than five hundred dollars, nor more than one thousand dollars, and the imprisonment not to be less than three months, nor longer than six months, in the common jail of the county, or some other safe jail as may be designated by the court passing the sentence. Clerks must deliver ballots to officer taking testimony in election cases. Penalty for non-delivery. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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TITLE VI. EDUCATION. ACTS. Allowing certain pupils to attend the Institute for Deaf and Dumb. To secure uniformity in grading teachers of Public schools. Publishers, Agents, etc, of school books disqualified for members of County Board of Education. Fees from inspecting fertilizers, and hire of convicts applied to State Educational Fund. Vaccination of pupils in public schools. Regulating grant of medical diplomas. Removal of County School Commissioner, or member County Board of Education. Branch of State University at Hamilton. Income of State University. DAY SCHOLARS AT DEAF AND DUMB INSTITUTE. No. 69. An Act to allow certain pupils to attend the State Institute for the Deaf and Dumb, as day scholars, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, the parent or guardian of any deaf and dumb mute, or semi-mute, shall be permitted, if they so desire, to send such child to the State Institute for the Deaf and Dumb at Cave Springs, as day scholars, and boarding such child at their own expense, outside of said Institute, at such convenient and accessible place as they may select. Deaf mutes can be sent as day scholars to State Institute for Deaf and Dumb. Sec. II. Be it further enacted , That all conflicting laws be, and the same are hereby, repealed. Approved August 9th, 1881.

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GRADING OF PUBLIC SCHOOL TEACHERS. No. 156. An Act to secure uniformity in grading teachers of public schools. Section I. Be it enacted by the General Assembly, and it is hereby enacted by the same , That, from and after the first day of January next, it shall be the duty of County School Commissioners to grade teachers of public schools upon an ascending scale, giving those who, upon examination, evince the highest degree of scholarship, a license of the first grade, to continue in force for the term of three years; the next highest, a license of the second grade, for the term of two years; the next a license of the third grade, for the term of one year, and those found competent to teach only a portion of the legal branches, a license of the fourth grade, for the term of six months, to teach in some particular sub-district, in which the children have made but little advancement in obtaining an education. County School Commissioner to grade public school teachers. Licenses to be given for certain, divided among four grades. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881. PUBLISHERS, AGENTS, Etc., OF SCHOOL BOOKS DISQUALIFIED FOR MEMBERS OF COUNTY BOARDS OF EDUCATION. No. 234. An Act to prohibit any publisher of school books, or agent of any such publisher, or any person who shall be interested pecuniarily in the sale of school books, from acting as member of any board of education in any county in this State. 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, it shall be unlawful for any publisher of school books, or any agent of any publisher of school books, or any person who shall be pecuniarily interested in the sale of school books, to act as a member of any board of education in any county in this State. Publishers or persons pecuniarily interested in school books may not be members of County Boards of Education. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881.

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STATE EDUCATIONAL FUND INCREASED. No. 246. An Act to increase the educational fund of this State, and for that purpose to apply all moneys received by the Department of Agriculture, for inspecting fertilizers in excess of what is necessary to defray the expense of said Agricultural Department, and also the net proceeds arising from the hire of the convicts of this State, to the common school fund of the State. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, it is hereby enacted , That, from and after the passage of this Act, all money received by the Agricultural Department of this State, for the inspection of fertilizers in excess of what may be necessary to defray the expenses of said Agricultural Department, and also the net amount arising from the hire of the convicts of this State, after all expenses that are now, or may hereafter be made, a charge upon said fund, shall have been deducted from the gross amount thereof, be, and the same is hereby, applied, set apart and appropriated, to the common school fund of the State. Net fees from inspection of fertilizers and net hire of convicts to be applied to State educational fund. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 21st, 1881. VACCINATION OF PUPILS IN PUBLIC SCHOOLS. No. 329. An Act to authorize the County Boards of Education, and the Boards of Public Education for the City of Savannah, and the Boards of Public Education for the other cities in this State, to require the scholars to be vaccinated as a prerequisite to admittance to the school. Section I. Be it enacted by the General Assembly of the State of Georgia , That the County Boards of Education in the counties of this State, and the Board of Public Education for the city of Savannah, and the Boards of Public Education for the other cities of this State be, and they are hereby, authorized and empowered

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to make such regulations as in their judgment shall seem requisite to insure the vaccination of the pupils in their respective schools, and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respective schools. Pupils in all Public Schools may be required to be vaccinated. Sec. II. That all laws and parts of laws that militate with this Act be, and the same are hereby, repealed, in so far as they so militate. Approved September 27th, 1881. REGULATING GRANT OF MEDICAL DIPLOMAS. No. 331. An Act to provide for the more efficient granting of diplomas by medical colleges. 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, it shall be unlawful for the faculty or officers of any medical college in the State of Georgia to grant or issue a diploma to any student of medicine or other person unless said student or other person shall have attended two or more full courses of study in some regularly chartered medical college in good standing, and shall have submitted to and passed a creditable examination by the faculty or professors of said college, upon all the branches usually taught in medical colleges. Unlawful for medical diploma to be granted any person who has not taken full course of study and passed examination. Sec. II. Be it further enacted , That if the faculty or officers of any medical college in this State shall violate any of the provisions of the preceding section of this Act, he or they shall be subject to a fine of five thousand dollars, said fine to be collected out of the property of any or all of said faculty or officers of said college. The fine, when collected, shall be paid the one-half to the person, persons or corporation giving the information, the other half into the county treasury, to be used for educational purposes only. Penalty for violating first Section. Fine to be divided. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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REMOVAL OF COUNTY SCHOOL OFFICERS. No. 362. An Act to alter and amend section thirteen (13) of an Act entitled An Act to perfect the Public School system, and to supersede existing laws, approved August 23rd, 1872. Section I. Be it enacted by the General Assembly of the State of Georgia , That the last sentence of section thirteen (13) of the above recited Act be, and the same is hereby, amended by striking out the words any member or members of any board of County Commissioners and inserting in lieu thereof the following words: any member or members of a county board of education so that said sentence will read: the County Commissioners, or any member or members of a Board of Education shall be removable by the Judge of the Superior Court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office. County Commissioner or members of County Board of Education removable by Judge of Superior Court on address of two-thirds of Grand Jury. Sec. II. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. BRANCH OF THE STATE UNIVERSITY, AT HAMILTON. No. 373. An Act to authorize the Trustees of the State University to accept as a branch of said University, a college of agriculture and mechanic arts and sciences, to be established at Hamilton, in this State; and to authorize said Trustees to make appropriations for payment of teachers of said college out of the Land Scrip Fund provided by the Act of Congress of July 2d, 1862, and now administered by said Trustees, or out of any other fund that now is or may hereafter come into their hands to be administered. Whereas, it is contemplated by the citizens of Hamilton, and western Georgia, to have incorporated at said town of Hamilton, a college of agricultural and mechanical arts and sciences, such as is contemplated by said Act of Congress, and to endow said institution

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with suitable real estate and buildings for such purpose, and to tender such property and institution to the Board of Trustees of the State University to be made a branch of the latter; therefore: Preamble. Section I. Be it enacted by the General Assembly of Georgia , That when there shall be legally incorporated, such college at Hamilton, as aforesaid, and the same shall be endowed with suitable real estate and the nedful buildings for such a purpose, to be judged of by said Board of Trustees, the latter shall be authorized, in their discretion, to accept such institution as a branch of said State University, to be under the general supervision of said Board, and governed and administered according to the rules and regulations which said Board shall approve; and that said Board are authorized to appropriate annually for the payment of teachers of said college, out of the Land Scrip Fund aforesaid, or any other fund now in their hands, or that may hereafter come into their hands, such sums as they, the said Board may find practicable and wise to appropriate to said college for the purpose aforesaid. Agricultural College at Hamilton. Rules for its government to be prescribed by Board of Trustees of State University. Appropriation of land scrip fund, etc. Sec. II. Tuition in said college shall be free to all white males and females provided a matriculation fee, not to exceed ten dollars per annum, may be exacted of each student. Tuition free. Sec. III. The course of instruction shall be especially directed (1) to the preparation for the higher classes at Athens; (2) for the business of practical life; (3) for the profession of teaching; a certificate of proficiency granted by the Faculty, shall be sufficient license to teach in the State schools. Course of instruction. Sec. IV. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. INCOME OF THE STATE UNIVERSITY. No. 454. An Act to make permanent the income of the University of Georgia, and for other purposes. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, whenever the Trustees of the University of Georgia shall, through their duly authorized agent or officer, present at the State Treasury for redemption any valid matured bond of this State as the property of such University, it shall be the duty of the Governor to issue to such Trustees, in lieu of said matured bond so presented for payment, an

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obligation in writing in the nature of a bond, in amount equal to the principal of said matured bond, and falling due fifty years from the date of such issue, the same to bear interest at the rate of seven per centum per annum, and not subject to be called in for redemption by the State before that time, nor to be negotiated, or transferred by said Trustees, said new bonds or obligations to be payable to the said Trustees alone, and to be issued under the great seal of the State, and signed by the Governor and countersigned by the Secretary of State, the interest thereon to be paid semi-annually, on the first days of January and July of each year, the terms prescribed by this Act, for the issue of such obligations to be fully expressed in the body thereof, the amount of money necessary to pay the interest on such obligations being hereby annually appropriated. Income of State University made permanent. Bonds of State replaced by obligation of State running fifty years at 7 per cent. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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TITLE VII. MILITARY. ACTS. Arms for students of branches of State University. Organization and discipline of State volunteer troops. ARMS FOR STUDENTS OF BRANCHES OF STATE UNIVERSITY. No. 26. An Act to authorize the Governor to furnish arms and accourtrements for the use of the cadets or students of the colleges now established, or that may hereafter be established, as branches of the State University. Section I. Be it enacted by the General Assembly of Georgia , That, after the passage of this Act, the Governor shall be authorized, out of the public arms and accoutrements belonging to the State, at any time, to furnish for the use of the cadets or students of the branch Agricultural Colleges in this State, that now are, or may hereafter be established as branches of the State University, such arms and accoutrements, as he may find it suitable, needful and convenient to furnish, upon such bond and security for the safe-keeping and due return of the same, as may seem satisfactory to him; and the arms and accoutrements so furnished shall be subject to such inspection as the Governor may at any time direct, and shall be delivered up at any time on the demand of the Governor. Governor authorized to furnish arms and accoutrements to students of agricultural colleges. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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ORGANIZATION AND DISCIPLINE OF STATE VOLUNTEER TROOPS. No. 388. An Act to amend an Act entitled An Act to provide for the better organization, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3 of chapter 2, title 12, part 1, and comprising all those sections numbered from 1075 to 1103, both included, in the Revised Code of 1873, relating to the volunteer corps of the State, and for other purposes connected therewith, approved October 16th, 1879. Section I. The General Assembly of the State of Georgia do hereby enact , That the 3rd section of the Act whose title is stated in the title of this Act be, and the same is hereby, amended in the second sentence of the said 3rd section by striking out the word may, in the said second sentence, and inserting the word shall in lieu thereof, and by striking out the words in the discretion of, in the said second sentence, and inserting the word by in lieu thereof, so that the said second sentence shall read as follows: No company shall be received or commissioned as part of the volunteer force of the State with less than the minimum strength above specified, and any company permanently reduced below that minimum shall be disbanded by the Governor. Companies below certain strength to be disbanded. Sec. II. And it is further enacted , That the 10th section of the said Act be, and the same is hereby, amended by inserting the words, or some other person after the words, Executive Department, in the second sentence of the said 10th section, so that the said second sentence shall read as follows: He shall designate some officer of the Executive Department, or some other person, to perform the duties of Adjutant-General, etc. Adjutant-General. Sec. III. And it is further enacted , That the 18th section of the said Act be, and is hereby, amended by inserting the words, and fitness, after the words competency, so that the said section shall read as follows: No commission shall be issued to any person elected to be commander or other field-officer of any battalion, and no such officer elect shall enter upon his duties, until he shall have satisfactorily passed an examination touching his competency and fitness for the office, by such persons and in such manner as the Governor shall prescribe in the general regulations hereinafter provided for. Examination of battalion officers. Sec. IV. And it is further enacted , That the 23rd section of said Act be, and is hereby, amended in the first sentence thereof,

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by striking out the words, and the receipt for arms and accoutrements shall be accompanied by, and inserting in lieu thereof these words, but no such issue shall be made until after there shall have been executed and delivered to the Governor; so that the said first sentence shall read as follows: All arms and accoutrements shall be issued by the Governor to the commander of the company, and shall be receipted for by him, but no such issue shall be made until after there shall have been executed and delivered to the Governor a bond of the officer, with at least two sureties, etc.; and that the said 23rd section be further amended, by adding thereto the following, viz.: And it shall be the duty of the Governor to require the Adjutant-General to inspect, at least once in every year, the arms and accoutrements issued to each company, and each military school or college in the State, and to make a written report of such inspection, showing the condition of such arms and accoutrements, and the nature and extent of the repairs needed, if any; and such repairs may be ordered by the Governor, by the supply of missing parts from the quota received from the United States, or by the employment of skilled artisans under the direction of the company commander, or President, who shall be paid by the Governor out of the contingent fund, upon itemized accounts, certified by the company commander, or President. The Adjutant-General shall receive no compensation for these inspections, but the necessary expenses of them, not exceeding the amount of $250.00 in any one year, shall be paid out of the contingent fund upon itemized accounts. Bond for arms furnished. Inspection and repair of arms. Sec. V. And it is further enacted , That the 29th section of the said Act be, and is hereby, amended by adding thereto the following: And if any officer shall neglect to make any report required of him by this section, it shall be the duty of the Governor to require him to show cause why his command should not be disbanded. Failure of official reports. Sec. VI. And it is further enacted , That section 44 of the said Act be, and the same is hereby, amended by inserting after the word, county, the words, or for damages for the breach of any bond given for arms and accoutrements under the 23rd section of said Act. Addition to military fund. Sec. VII. And it is further enacted , That all laws and parts of laws contrary to the provisions of this Act are hereby repealed. Approved September 29th, 1881.

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TITLE VIII. CONVICTS. Inspection and control of convicts. INSPECTION AND CONTROL OF CONVICTS. No. 350. An Act to provide for the better inspection, management and control of the convicts of this State. Section I. Be it enacted by the General Assembly of this State , That, from and after the passage of this Act, it shall be the duty of the Governor to appoint to the Principal Keeper of the Penitentiary of this State an Assistant, whose term of office shall expire with that of the Principal Keeper. Said Assistant, as to his official conduct and responsibility, shall be subject to the same rules and regulations of law as the Principal Keeper, and shall receive a salary of $1200.00 per annum. Assistant Keeper of the Penitentiary. Term. Rules governing. Salary. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Principal Keeper, or said Assistant, to visit without notice each convict camp within this State at least once a month, and thoroughly examine and inspect said camps, and the convicts therein confined and report, under oath, to the Governor immediately after each visit the condition of said camps and convicts, and such information as he may derive concerning their diet, treatment, and especially to report any maltreatment of the convicts that may come to his knowledge, together with any violations of the law for the government of the convicts upon the part of the lessees. And it shall be the duty of the Governor to cite any lessee or lessees so charged with any abuses or violations to show cause in the manner provided by law, why their contracts of lease should not be canceled and forfeited, or a fine imposed, and said convicts returned to the State. And upon all such hearings, it shall be the duty of the Attorney-General to appear and represent the interests of the State. And the testimony adduced

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upon any such hearing shall be reduced to writing, which, with the final ruling of the Governor shall be filed in the office of the Principal Keeper of the Penitentiary, and shall at all times be subject to the inspection of any citizen of this State. All reports provided for in this Act shall be filed in the Executive office, and shall at all times be subject to the inspection of any citizen of this State. Visits of Principal and Assistant Keeper to convict camps. Report. Proceedings when lease is violated. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of the lessees to appoint, in writing, at each camp in this State, some discreet and proper person in their employ, whose appointment shall receive the written approbation of the Governor, subject at any time to revocation by him, before he shall be authorized to discharge the duties of his office, and who shall stay at such camp, and who alone shall inflict punishment upon any convict in this State, for a violation of the rules prescribed for their government, and any person, other than the appointee provided for in this section, who, after the passage of this Act, shall inflict punishment upon any convict in this State, for a violation of the rules prescribed for their government, shall be guilty of a felony, and on conviction therefor, shall be imprisoned, at hard labor, in the penitentiary of this State, for a period not less than six months, nor exceeding two years. And it shall be the duty of the appointees provided for in this section to make monthly reports, under oath, to the Governor, in which they shall give the names of all convicts punished by themthe date, nature, cause and extent of such punishmentand shall state the condition of the convicts at their respective camps, and the treatment thereof, and shall in their report state whether or not they know of any cruelty to or mistreatment of any convict in said camp, and if so, what it was, and by and upon whom practiced, and shall also state the diet at such camps, and the average number of hours in each day they are required to work. Lessees shall appoint person who alone shall inflict punishment. If any other person inflicts punishment he is guilty of felony. Penalty. Reports of appointees for inflicting punishment. Sec. IV. Be it further enacted by the authority aforesaid , That upon the discharge of any convict, he shall, by the lessee be furnished with a suit of citizen clothes, not to cost less than six dollars, and transportation to the county from which he or she was sentenced. Convict when discharged shall be furnished with clothes and transportation. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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JUDGMENT AGAINST SECURITY ON REPLEVY BOND. No. 29. An Act to provide for judgments for plaintiffs in forceclosing liens on personalty against defendants and their securities on replevy bonds as in cases of appeal. Section I. Be it enacted by the General Assembly of Georgia , That in all foreclosures of liens on personalty hereafter instituted, and in which the property levied on is replevied in the same manner now provided by law, and in which verdicts shall be found for the plaintiffs, the plaintiffs shall enter up judgments against the defendants and their securities in the same manner, and to the effect, as in cases of appeal. Judgments against security on replevy bond. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. DISQUALIFIED CASES IN COUNTY COURTS. No. 34. An Act to provide for the trial of cases in County Courts when the Judge is for any reason disqualified. 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 when from any cause any County Judge in this State is disqualified from presiding in any case in his court pending, if the parties litigant consent thereto, and select any attorney practicing in the court to preside in such case, the Judge shall have such consent entered upon the records of the court, and the attorney so selected shall exercise all the functions of Judge in that case. If Judge of County Court is disqualified; parties may select an attorney to preside. Sec. II. Be it further enacted by the authority aforesaid , That should the parties litigant fail or refuse to agree upon counsel to preside in such case, it shall be the duty of the Judge of-said court to transfer such cases to the Superior Court of the county at its next term thereafter, to be tried as appeal cases. If parties do not agree upon an attorney to preside, case shall be transferred to Superior Court. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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SUITS AGAINST JOINT DEFENDANTS IN JUSTICE COURTS. No. 35. An Act to provide for the service of summons in suits in the Justice Courts of this State, against joint obligors, joint contractors, copartners, joint trespassers, makers and indorsers of promissory notes, dowers, acceptors and indorsers of foreign and inland bills of exchange, or other like instruments, residing in different counties. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same , That in suits in the Justice Courts of this State against joint obligors, joint contractors, copartners, joint trespassers, makers and indorsers of promissory notes, drawers, acceptors and indorsers of foreign and inland bills of exchange, or other like instruments, if any of the defendants reside out of the county, the Justice of the Peace shall issue a second original and copy for such other county or counties, and forward the same to any Constable of the county where such defendant may reside, who shall serve the copy and return the second original, with his entry thereon, to the Justice of the Peace before whom the suit is brought. Second originals from Justice Court for non-resident defendant. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. SALES UNDER PROCESS FROM COUNTY COURT. No. 51. An Act to provide for sales made under and by virtue of any fi. fa . or other process issued from the County Courts of this State. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, all sales made by any Sheriff or Bailiff of the County Court of any property levied on by such officer under and by virtue of any fi. fa . or other process issued from the County Courts of this State, shall be conducted in the same manner and after the same advertisement as

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Sheriff sales, under process from the Superior Courts of this State, with the exception that when the fi. fa . or other process is for a less sum than fifty dollars, and is levied on personal property, then, and in that case, such sale shall be advertised by posting a notice of the same at the court-house door and three other public places in the county for twenty-eight days before the day of sale; Provided , that this Act shall not be held to repeal an Act entitled An Act to provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping the same, when levied on by tax fi. fas . or fi. fas . from County Court, approved October 13th, 1879. Sales under process from County Courthow made. Proviso. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 30th, 1881. DENTISTS EXEMPT FROM JURY DUTY. No. 62. An Act to exempt from jury duty all practicing dentists in this State. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, all dentists in the actual practice of their profession in this State be, and the same are hereby, exempted from jury duty; Provided , that this exemption shall not operate to disqualify those dentists who may desire to serve. Dentists exempted from grand jury. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 3rd, 1881. NORTH EASTERN JUDICIAL CIRCUIT CREATED. No. 64. An Act to create and organize a new Judicial Circuit of the Superior Courts of this State. Section I. Be it enacted by the General Assembly of the State of Georgia , That a new Judicial Circuit of the Superior Courts of

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this State, to be called the North Eastern Circuit, be, and the same is hereby, created and organized; to be composed of the counties of Rabun, Towns, Union, Lumpkin, White, Habersham, and Hall. Northeastern Judicial Circuit. Sec. II. Be it further enacted by the authority aforesaid , That a Judge and a Solicitor-General of said circuit, shall be elected by the General Assembly at the present session, to hold office until the next regular election of Judges and Solicitors for half the Judicial Circuits already established, and until the time fixed by law, after said election when the terms of said Judges expire, and that at said next regular election aforesaid, a Judge and Solicitor for said North Eastern Circuit shall be elected for the full term, who shall hold office as the other Judges and Solicitors then elected for the other existing circuits, and their successors shall be thereafter elected as provided by the constitution and laws. Judge and Solicitor-Generalelection of, and their term of of office. Sec. III. Be it further enacted by the authority aforesaid , That all bills, petitions, writs, suits, motions, precepts, mesne and final processes, summonses, and other proceedings issued and returnable or pending in the said several counties in the circuits to which they belonged before the passage of this Act, shall relate to and hold good in the courts of the new circuit. Proceedings in counties transferred unaffected thereby. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 8th, 1881. COMPENSATION OF JURORS IN COUNTY COURTS. No. 87. An Act to provide compensation for jurors in the County Courts in the State of Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, all jurors who may serve as such in the County Courts of this State, shall receive for their services the same pay as allowed traverse jurors of the Superior Courts of the county in which they serve; Provided , that the provisions of this Act shall not apply to those counties where the pay of jurors serving in the County Courts is provided for by local laws governing the same in such counties. Compensation of jurors in County Courts, Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881.

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PILOTS AND BOAT KEEPERS EXEMPT FROM JURY DUTY. No. 88. An Act to exempt from jury duty, all regularly licensed pilots, together with their boat-keepers, actually engaged on the pilot boats in the various ports in this State. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, all regularly licenseed pilots in this State, together with one boat-keeper, for each pilot boat actually engaged in the regular management of their boats shall be exempt from all jury duty; but nothing herein contained shall be construed to work a disqualification of any of the class of citizens herein named, or exclude their names from the jury box. Pilots and boat-keepers exempt from jury duty. Sec. II. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 18th, 1881. BILLS OF EXCEPTION MUST BE SIGNEDWHEN. No. 158. An Act to provide for the signing and certifying of bills of exceptions now required by law to be signed in twenty days, after said twenty days, in certain cases. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, all the laws of this State now in force, having reference to the signing and certifying of bills of exceptions after the expiration of thirty days from the adjournment of the court and the rendition of the decision, and in case of the death of the Judge, shall apply, so far as the same will conform, to all bills of exception which are now required by law to be signed and certified in twenty days after the rendition of the decision. General law, as to signing of, made applicable to injunction cases, Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881.

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SUITS AGAINST TELEGRAPH COMPANIES. No. 218. An Act to provide for fixing the in venue suits against Telegraph companies and to provide for service in such cases, arising within the State of Georgia. 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 person may have any claim or demand upon any Telegraph company having offices, or more than one place of doing business in this State, it shall be lawful for such person or persons to institute suit against such Telegraph company within the county where the principal office of such company is located, or in any county where such Telegraph company may have an agency or place of business, or where such place of business was located at the time of cause of action occured, or the contract was made, out of which said cause of action arose. Venue of cases against telegraph companies. Sec. II. Be it further enacted by the authority aforesaid , That in all suits brought under the provisions of section one of this Act, service shall be effected upon such Telegraph company by leaving a copy of the bill or writ with the agent of the company, if any; if no such agent should be in the county, then at the agency, or place of doing business, where the same was located at the time such cause of action accrued, or the contract was made, out of which the same arose. Service upon telegraph companies. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. WRITTEN INSTRUCTIONS AS TO FORM OF VERDICTS. No. 251. An Act to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict. 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,

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from and after the passage of this Act, it shall be the duty of the Judges of the Superior Courts of this State, upon request of the jury in the trial of all civil cases, to furnish said jury with written instructions as to the form of their verdict. Judges to instruct juries in writing as to form of verdict. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 21st, 1881. NEW JURY LISTS, WHEN LISTS OR BOXES HAVE BEEN DESTROYED. No. 252. An Act to provide for the preparation of new jury lists, and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in the Superior Courts of this State in cases where the jury list and jury box, or either, shall have been lost or destroyed between the time of the regular drawing of process and the beginning of the term for which such drawing was made; and to provide for the preparation and service of new venires when the original venire shall have been lost or destroyed before service thereof on the persons named therein, and for other purposes. Section. I. Be it enacted by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That when from any cause the jury list and jury box, or either, shall in any county in this State be lost or destroyed between the time of drawing juries and the beginning of the term for which such drawing was made, or before the service of the precepts on the persons named therein, it shall be the duty of the Judge of the Circuit in which such loss or destruction occurs, immediately on being informed thereof, to issue an order to the Jury Commissioners of the county to meet at the county-site and prepare a list of citizens eligible to serve as jurors under the constitution of the State, which list shall contain the names of not less than two thirds of the upright and intelligent citizens of the county, and from this list they shall select a sufficient number, not exceeding two-fifths of the whole, taking for this purpose the names of the most upright, intelligent, aud experienced citizens, and, from the list so selected, shall at once proceed to draw thirty names of persons to serve as grand jurors at the next term of the court; and from the remaining three-fifths of the names on such list shall then proceed to draw, in the same

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manner, not less than thirty-six to serve as traverse jurors at the next term of the court, and when such drawings have been completed, the Commissioners shall immediately make out and deliver to the Clerk of the Superior Court, correct lists of the grand and traverse jurors so drawn, and the Clerk shall at once deliver to the Sheriff, or to the Coroner, in case the Sheriff be disqualified, proper precepts containing the names of the persons drawn to serve as grand and traverse jurors, respectively, to be served personally, as required by law, and the persons so drawn and served shall, if otherwise eligible, be competent to serve as jurors, during the term for which they were drawn, without regard to the time of the preparation of the list, the drawing of the jurors, or the date of the service of the venire on the persons whose names are contained therein. If jury list or box be destroyed, a new list shall be made by Commissioners under order of the Judge, and by them jurors be drawn for succeeding term. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Jury Commissioners, before or during the term for which the grand and traverse jurors provided for in the preceding section were drawn, to deliver to the Clerk of the court the list from which such jurors were drawn, to be by him disposed of in the manner now required by law, and to place the tickets bearing the names constituting such lists in boxes, as provided in sections 2 and 3 of an Act entitled, An Act to carry into effect paragraph 2, section 18, article 6, of the constitution of 1877, approved December 16th, 1878. Clerk to deposit tickets bearing names on jury lists in boxes. Sec. III. Be it further enacted by the authority aforesaid , That in case the precepts containing the names of grand and traverse jurors drawn for any term of the Superior Court, or either of such precepts, shall be lost or destroyed before the persons named in them, or either of them, shall have been served, and there shall be no record or official list of the names contained in the original precept so lost or destroyed, it shall be the duty of the Jury Commissioners of the county to meet immediately on being informed of such loss or destruction and to draw and deliver to the Clerk of the Superior Court, as now provided by law, lists of the jurors so drawn, and the Clerk shall forthwith prepare and deliver to the proper officer new precepts to be served personally, and the persons so drawn, listed and served shall, if otherwise competent under the constitution of this State be competent and compellable to serve as jurors for the term for which they were drawn, without regard to the date of the drawing and delivering of the lists to the Clerk, or the date of the issuing or service of the precepts. If precepts be lost, Commissioners shall draw and furnish a new list to Clerk. Sec. IV. Be it further enacted by the authority aforesaid , That if from any cause, juries shall not have been drawn for any regular term of the Superior Court, and there is not time sufficient for drawing and summoning jurors to serve at such regular term, the Judge of the Superior Court for the county in which such failure or omission to draw and summons jurors has occurred, may, by

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order passed at chambers, adjourn such court to another day, and require the requisite number of grand and traverse jurors to be summoned, and may enforce their attendance at such adjourned term. If no juries have been drawn, may at chambers adjourn the Court and require jurors to be summoned. Sec. V. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and they are hereby, repealed. Approved September 21st, 1881. PRACTICE IN EQUITY CAUSES REFERRED TO MASTERS. No. 296. An Act to regulate the practice in equity causes referred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters in Chancery, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives , That in all causes in equity referred to Masters in Chancery, it shall be the duty of said Masters to reduce to writing a brief of the oral testimony, and a copy of the documentary evidence submitted by the parties to the cause, and return the same as a part of his report in said cause. Original documents introduced in evidence, may, by the consent of the parties introducing the same, be properly identified and attached to said reports, in lieu of copies of the same, or without consent, shall accompany the copies in the report when either party may wish to use the originals in evidence, instead of the copies in trials of exceptions to the report. All evidence offered before the Master, and deemed by him illegal, shall, nevertheless, be reported by him, and if upon exceptions filed to his ruling thereon the said evidence shall be adjudged to be legal, the same shall be admitted for consideration by the jury upon trials of exceptions of fact by them. Masters in Chancery must report evidence. Sec. II. Exceptions filed to said reports, shall be separately classified as exceptions of law, and exceptions of fact. Exceptions of law shall be for the exclusive consideration of the Judge. Exceptions of fact shall be passed upon by the jury, under the direction of the Judge, as in other issues of fact. Exceptions to reports of Mastershow classified and tried. Sec. III. All trials of exceptions of fact shall be had before the jury upon the written testimony, and documentary evidence reported by the Master in Chancery, and said trial shall be a new hearing of said cause as to said exceptions, the burden of proof being on the party filing said exceptions; Provided , that in any case, it shall be in the power of the Judge to order additional testimony to be taken by the Master, and reported to the court on any point in

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said cause, when it can be shown that such testimony exists, and any reason, satisfactory to the Judge, can be given, why the same was not produced on the hearing before the Master; and, provided further , that such additional testimony shall be ordered to be taken in all cases where it can be satisfactorily shown that the Master has failed to correctly report the testimony produced before, him, but in such last named case, the application for an additional examination must be filed within thirty days after the filing of the report by the Master, must name the witness, or witnesses sought to be re-examined, and must specify in what particular the said testimony has been inaccurately reported. Every application for a re-hearing before the Master, for the purpose of taking additional testimony, shall be in writing, shall set forth the grounds on which said application is based, the nature and substance of said testimony as far as practicable, sought to be adduced, and shall be filed within ten days after the necessity for such additional examination shall come to the knowledge of the party or his counsel; and in all cases of an application for a re examination, or additional examination, the Judge shall be authorized, upon sufficient notice to the opposing party, to hear and determine the same in vacation. Exceptions of fact, burden of proof on trial of. Additional testimony may be taken by the Master. Application thereforhow made and determined. Sec. IV. Upon the findings of fact by the Master, not excepted to by either party, and the findings of fact by the jury, upon the exceptions of fact filed to the Master's report, the presiding Judge shall proceed to make a decree in said cause. Decree. Sec. V. All the fees of the Master in Chancery shall be determined by the presiding Judge, and shall be taxed as costs against either or both parties in the cause, as he shall direct. The fees of Masters shall be fixed by the Judge in each circuit, and shall be as follows: For reporting the evidence, an amount not exceeding fifteen cents per hundred words, as shall be fixed by the Judge. For reporting his conclusions and findings of law and fact, in all cases not involving more than one thousand dollars, such an amount, as shall be fixed by the Judge, not to exceed fifty dollars, except by consent of parties, and in all cases, exceeding in amount involved one thousand, and not exceeding five thousand, dollars, one and one-half per cent. on such excess in addition to the above prescribed fee; and in all cases exceeding in amount involved five thousand dollars, one per cent. on such excess in addition to the fees hereinbefore prescribed. Fees of Master. Sec. VI. The provisions of this Act shall not apply to causes in equity now pending in any court of this State, on exceptions to Master's reports, and nothing in this Act shall affect any existing law in reference to the appointment of auditors, the proceedings before them, or their reports. Application of this Act. Sec. VII. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 24th, 1881.

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PAUPER OATH TO CARRY CASE TO SUPREME COURT. No. 299. An Act to regulate the practice, and to prescribe the form of the pauper oath in carrying cases to the Supreme Court of this State, where the plaintiff in error is unable to pay costs in said Court. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, if a pauper oath be made for the purpose of carrying any case to the Supreme Court of this State, without payment of costs, such oath shall state that the plaintiff in error, because of poverty, is unable to pay the costs in said case, without stating conjunctively the inability of the plaintiff in error to give bond for the eventual condemnation money. Pauper oath in the Supreme Court. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. TALES JURORS, HOW OBTAINED, AND COMPENSATION. No. 306. An Act to provide an additional mode of obtaining tales jurors in trials for a felony, and to provide compensation for such jurors. Section I. The General Assembly of the State of Georgia do enact , That whenever panels of forty-eight jurors, or successive panels of jurors of any number, are required by law to be made up for the trial of any person charged with an offense punishable by death, or imprisonment in the penitentiary, the presiding Judge may, in his discretion, draw the tales jurors from the jury boxes of the county, and order the Sheriff to summons the jurors so drawn, or he may order the Sheriff to summon tales jurors as now provided by law. Tales jurors may be drawn or summoned. Sec. II. Be it further enacted by the authority aforesaid , That tales jurors impaneled in criminal cases shall be paid as other jurors for the time of actual service. Compensation of tales jurors. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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WIFE A COMPETENT WITNESS AGAINST HUSBAND. No. 322. An Act to provide and declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal offense committed, or attempted to have been committed, upon the person of the wife. 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 wife shall be competent, but not compellable, to testify against her husband upon his trial for any criminal offense committed, or attempted to have been committed, upon the person of the wife. Wife may testify against husband, when. Sec. II. Be it further enacted , That all laws and parts of laws, in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881. FORMER NAME OF DIVORCED WIFE RESTORED. No. 312. An Act for the restoration of the last previous name of the wife in all divorce cases now pending, or hereafter brought, wherein the wife may pray for the same, and a total divorce shall be granted. 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, in all divorce cases now pending, or hereafter brought, the wife may pray in her pleadings for the restoration of the name which she bore at the time of her last marriage, and in the event a total divorce shall be granted to her in said case, the judgment or decree therein rendered shall specify and restore to her the name so prayed for in her pleadings. Former name of a divorced wifehow restored. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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JURORS IN COUNTY COURTS AND COSTS. No. 325. An Act to amend the County Court laws of this State, to alter and regulate the mode of procuring jurors in said Court, and to provide for their compensation, and to provide for the payment of costs, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That jurors for the trial of criminal cases in said court shall be procured and impaneled as follows: The Judge of the court shall, at each monthly term of said court, draw a jury of twelve for the next term, for the trial of cases in which demands are, or shall be made, in the manner now prescribed in section 298 of the Revised Code of 1873, and shall summon or have them summoned at least five days before the court, at which they shall serve; but the Judge may, in his discretion, decline to summon or have summoned any jury for that particular term after the same has been drawn, if in his judgment their attendance will be unnecessary for such term as he may deem fit; and in all criminal cases in which demands shall be made for trial by jury, within seven days before the term next succeeding shall be triable at the second term when there is no jury at the first term. That, in impaneling each jury for the trial of a case, the proceedings shall be the same as now provided, the defendant shall have four peremptory challenges and the State twoand the case shall be tried before six jurors. That the regular jurors in the County Courts shall have the same per diem allowed traverse jurors in the Superior Court of their respective counties, which shall be paid out of the county treasury upon the scrip of the Judge of the County Court, issued as scrip is now issued for jurors in the Superior Courts of their respective counties. Jurors in County Courthow drawn and summoned. Demand for trial. Challenges. Compensation of jurorshow paid. Sec. II. Be it further enacted by the authority of the same , That the officers summoning jurors for said court shall have for their services two dollars for each jury, to be paid out of the fines and forfeitures in said court, and shall have out of each criminal case or said fines and forfeitures the same costs that are allowed in the Superior Court for similar services. Fee of officer for summoning jury. Sec. III. Be it further enacted by authority of the same , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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PRACTICE IN THE SUPREME COURT. No. 352. An Act to regulate practice in the Supreme Court of Georgia. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, when the successful party to any cause tried in any of the Superior or City Courts of this State, which is carried to the Supreme Court by the unsuccessful litigant, files a cross-bill of exceptions complaining of errors in rulings made upon the trial adverse to him, it shall be the duty of the Supreme Court to hear argument upon such cross-bill of exceptions, and to decide the questions therein made, if a reversal of the judgment of the Court below is ordered. Cross-bills of exceptions must be considered by Supreme Court. Sec. II. Be it further enacted by the authority aforesaid , That no writ of error shall be dismissed in the Supreme Court of this State because the Clerk of the Superior or City Court, Sheriff of said Superior or City Court, Judge of said Superior or City Court, or attorney at law of said Superior or City Court, shall have failed to affix a date to any official signature, unless it is affirmatively made to appear by affidavit or other proof in the Supreme Court, that such official signature was made after the time required by law. No case to be dismissed for want of a date to any signature Sec. III. Be it further enacted by the authority aforesaid , That no writ of error shall he dismissed in the Supreme Court of this State when by an amendment to the bill of exceptions, which is hereby declared to be lawful and allowable, any imperfection or omission of necessary and proper allegations could be corrected from the record in the case. No case to be dismissed for defects which can be cured by amendment. Sec. IV. Be it further enacted by the authority aforesaid , That no writ of error shall be dismissed in the Supreme Court of this State on any ground whatever which can be removed during the term of the court to which the said writ of error is returnable, and said Supreme Court shall give such time during said term, even to the end of the same, as may be necessary to remove said ground if it can be removed during the said term. No case to be dismissed on any ground that is removable. Sec. V. Be it further enacted by the authority aforesaid , That when the record shows clearly who were the respective parties to the litigation in the court below, and the bill of exceptions shows that all who were interested in the case, as presented in the Supreme Court in sustaining the judgment of the court below had been served, the writ of error shall not be dismissed, because the bill of exceptions sets forth the parties differently from the record or discloses that some party not interested in sustaining the said judgment of the court below had not even served, and that no party shall be considered as interested in the litigation in the

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Supreme Court who will not be affected by the judgment to be rendered in that particular case, such as Sheriffs upon a money rule when the contest is between various claimants of the fund and not between the Sheriff and any one of them, or a receiver occupying a similar relation, or a complainant in a bill of interpleader and other parties occupying similar positions, and the recital of instances herein shall not be construed to exclude cases coming under the intention of this Act because they may not be mentioned therein. No case shall be dismissed for want of service of bill of exceptions on nominal parties. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. REVISION OF JURY BOXES. No. 354. An Act to change the time for revising the jury boxes in this State. Section. I. The General Assembly of Georgia do enact , That on the first Monday in August, 1882, or within thirty days thereafter, and biennially thereafter, the Jury Commissioners shall meet and revise the jury lists of the several counties of this State, according to the provisions of the Act approved October 17th, 1879. Jury lists, when revised. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. PROCEEDINGS IN EQUITY AGAINST INSOLVENT DEBTORS. No. 375. An Act to authorize proceedings in equity in certain cases of insolvency, and for other purposes. Section I. Be enacted by the General Assembly of the State of Georgia , That in case any corporation not municipal, or any trader

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or firm of traders, shall fail to pay at maturity, any one or more matured debts, payment of which has been properly demanded of such debtor, and by him refused, and shall be insolvent, it shall be in the power of a court of equity under a creditor's bill, to which one or more of the creditors who have matured debts unpaid, shall be necessary parties to proceed to collect the assets, real and personal, including choses in action and money, and appropriate the same to the creditors of such trader, firm of traders, or corporation. Creditors of insolvent debtor may collect and distribute assets. Sec. II. Be it further enacted , That the Chancellor under such proceedings as are usual in equity, may grant injunctions, and appoint receivers for the collection and preservation of the assets in the cases provided by this bill, and may at any time appoint a Master, and take all proper steps to bring the matter to a final hearing, and the fees of said Master shall not be more than ten dollars per day for each day's actual service. Injunction may be granted and a Receiver or Master appointed. Fees of Master. Sec. III. Be it further enacted , That any creditor may become a party to said bill, under an order of the Court, at any time before the final distribution of the assets, he becoming chargeable with his proportion of the expenses of the previous proceedings. Any creditor may be made a party. Sec. IV. Be it further enacted , That upon the appointment of the receiver, no creditor shall acquire any preference, by any judgment or lien, on any suit or attachment, under proceedings commenced after the filing of the bill, and all assignments and mortgages to pay or secure existing debts, made after the filing of said bill, shall be vacated, and the assets be divided pro rata among the creditors, preserving all existing liens. Preferences disallowed. Sec. V. Be it further enacted , That it shall be in the power of the Judge to make a suitable allowance for the defendant for a support during the pendency of the proceedings, having in so doing respect to the condition of the defendant, and the circumstances of the failure. Support of defendant pending proceedings. Sec. VI. Be it further enacted , That any person or firm shall be considered a trader who is engaged as a business in buying and selling, real or personal estate, of any kind, or who is a banker or broker, or commission merchant, or manufacturer, manufacturing articles to the extent of five thousand dollars per annum. What debtors are liable under this Act. Sec. VII. Be it further enacted , That it shall be in the power of the Chancellor, in his final judgment, in the cases provided for, to express his opinion, if the facts authorize it, that from the facts, as they have transpired during the progress of the cause, that the defendant has honestly and fairly delivered up his assets for distribution under the law, and to recommend to the creditors of the defendant that they release him from further liability. Opinion and recommendation of Chancellor. Sec. VIII. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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FORECLOSURE OF CHATTEL MORTGAGES. No. 404. An Act to amend an Act approved October 16th, 1879, entitled, An Act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, therein, and to provide for notice to mortgagors of proceedings. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act shall be, and is hereby, amended by striking out in the seventh and eighth lines of the second section the words, in the district in which the defendant resides, and inserting in lieu thereof the words, in the district in which the property may be found, so that the said section shall read as follows: That when the execution mentioned in the proceding section shall be delivered to the Constable, it shall be his duty to levy on the mortgaged property wherever it may be found, and after advertising the same, giving full description of the property to be sold, and the process under which he is proceeding, by written advertisement at three or more public places in the district in which the property may be found, for thirty days next preceding such sale, he shall put up and expose to sale said property as herein provided; Provided , such sale shall be had within the legal hours of sale on a regular court day, and at the usual place of holding Justice Courts for said district; that the said Constable shall put up and expose said property to sale at the time and place and in the same manner as now govern at Constable sales. Mortgaged property, how sold by Constables. Sec. II. Be it further enacted , That it shall be the duty of the Justice of the Peace or Notary Public with whom the affidavit and mortgage mentioned in the first section of this Act are filed, to give notice to the mortgagor of said proceedings at the time of issuing execution, as provided in said section. Notice to mortgagor of proceedings to foreclose. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and are hereby, repealed. Approved September 29th, 1881.

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FORECLOSURE OF MORTGAGES IN EQUITY. No. 407. An Act to authorize the foreclosure of mortgages in equity, as well as in the manner prescribed in the Code. Section I. The General Assembly of the State of Georgia hereby enacts , That, from and after the passing of this Act, the holder of any mortgage of real or personal property, or both, whether as original mortgagee, or as executor, administrator, or assignee of the original mortgage, shall be at liberty to foreclose such mortgage in equity according to the practice of courts of equity, as well as by the methods prescribed in the Code. Mortgages may be foreclosed in equity. Sec. II. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved September 29th, 1881.

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TITLE X. MISCELLANEOUS. ACTS. Penalty for buying or selling votes. Inspection and analysis of fertilizers. Amending Act enabling Railroad purchasers to form corporations. Amending Act enabling Railroad purchasers to form corporations. Contracts for public bridges between counties. To extend time for completing railroads under Act of Feb. 29th, 1876. Killing fish by explosives. Employing minors in sale of liquors. Riding horse or mule of another without consent. Sale of certain lots belonging to the State Conferring police power on conductors of passenger trains. Extraordinary work on public roads. Authorizing publication of new Code. Electrotyping Supreme Court reports. Prevention of cruelty to animals. To prevent fire hunting. Driving or grazing diseased animals. Conditional sales of personal property. Disturbance of schools. Settlement of State claims against Marietta and North Georgia R. R. Co. Service of notice on road defaulters. State line between Georgia and North Carolina. Amending Act enabling purchasers of railroads to form corporations. Rate of interest regulated. Stealing cotton. Legal weight of rough rice. Illiteracy a disqualification for election managers. Pointing or aiming fire-arms at another. Carrying liquor to places of divine worship. Inspection of coal and petroleum oils. General law for incorporations of railroads. General law for incorporation of steam navigation companies. Regulating the practice of medicine. Voluntary assignments by insolvent debtors. Register of bills for appropriations. Sale of seed cotton in night time prohibited. Municipal courts may forfeit bonds and commit. Fence law applied to county divided by water course. Cutting bagging from cotton prohibited. Elections by General Assembly. Conferring additional powers on incorporated towns. Toll cotton exempt from seizure and sale. Obstructing passage of timber.

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Repealing Act for encouragement of immigration. Costs of sheriff of Supreme Court in pauper cases. Expenses of commissions of lunacyhow paid etc., Manner of letting contracts for county buildings, bridges etc., Establishing board of Pharmaceutic examiners. PENALTY FOR BUYING OR SELLING VOTES. No. 9. An Act to provide a penalty for buying or selling votes and for other purposes. Section I. Be it enacted by the General Assembly , That, from and after the passage of this Act, if any person shall buy or sell or offer to buy or sell a vote, or shall be in any way connected or concerned in buying or selling a vote, at any election in this State, or in any county thereof, such person shall be indicted for a misdemeanor and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Buying or selling votes punished as prescribed in Sec. 4310 of the Code. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. INSPECTION AND ANALYSIS OF FERTILIZERS. No. 32. An Act to amend an Act entitled, An Act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis, and sale of the same. Section I. Be enacted by the Senate and House of Representatives of the State of Georgia , That, from and after the passage of this Act, section I of an Act to render more efficient and economical the inspection, analysis, and sale of the same, be so amended as to substitute for the word true , in said section, the words, manufacturers guaranteed , after the word, the, and before the word, analysis; and that the same section be so amended as to require the manufacturer to brand on or attach to each package the following determinations in his guaranteed analysis, instead of those

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required in said section, viz: Moisture at 212 Fah.; available phosphoric acid; insoluble phosphoric acid; ammonia actual and potential, and potash K. O. Manufacturers guaranteed substituted for true analysis. Additional determinations for analysis of fertilizers. Approved December 6th, 1880. Note.Acts of 1877, page 371. AMENDING ACT ENABLING RAILROAD PURCHASERS TO FORM CORPORATIONS. No. 55. An Act to amend an Act entitled, An Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29th, 1876. Section I. Be it enacted , That the fifth section of an Act entitled, An Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29th, 1876, be, and the same is hereby, amended so as to read as follows: Section V. Be it further enacted , That any railroad company, incorporated under the provisions of this Act, shall have power to sell, lease, assign or transfer its stock, property and franchises to, or to consolidate the same with, those of any other railroad company (incorporated under the laws of this, or any other State, or of the United States), whose railroad, within or without this State, shall connect with, or form a continuous line with, the railroad of the company incorporated under this Act, upon such terms as may be agreed upon; Provided, however , that the agreement for any such sale, lease, assignment, transfer or consolidation shall be submitted to the stockholders of the railroad company incorporated under this Act, at a special meeting called for considering the same, and shall be sanctioned by the holders of two-thirds of the stock represented at such meeting in person or by proxy, and if sanctioned at such meeting, shall be filed in the office of Secretary of State of this State; and, provided further , that such agreement shall contain no provision in conflict with the provisions of this Act, or which shall exempt such railroad, so far as it lies within this State, from the operation of the laws of this State. Sale, lease, or transfer may be made by company incorporated under Act of February 29th, 1876, to other railroad companies. To form a continuous line. When ratified by stock-holders. Sec. II. Be it further enacted , That all railroad companies heretofore incorporated under the Act to which this Act is amendatory, or under the said Act and other Acts, shall possess,

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and shall be entitled to exercise, all rights, powers and privileges conferred upon any corporation by virtue of this Act. Takes effect at once. Sec. III. Be it further enacted , That this Act shall take effect immediately. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 3rd, 1881. AMENDING ACT ENABLING RAILROAD PURCHASERS TO FORM CORPORATIONS. No. 56. An Act to amend, extend, and enlarge the provisions of an Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29th, 1876, whenever a majority in interest of said purchasers shall have complied, or hereafter may comply, with the provisions of section first (I) of said Act; and to confer additional powers on said corporators, and for other purposes. Section I. Be it enacted , That in case of any sale of a railroad heretofore made within the terms of the first or seventh sections of an Act entitled, An Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29th, 1876. If a certificate signed by the purchaser or purchasers, or by the owner or owners, of a majority in interest, of such railroad or railroads, his or their survivor or survivors, representatives or assignees in person, or by agent or attorney, and containing the statements required by the first section of said Act, shall heretofore have been filed in the office of Secretary of State, of this State, such filing of such certificate shall be deemed, and is declared to be, a compliance with the terms of the said Act of this State, relating to the formation of corporations, and the corporations in such certificate mentioned, and to incorporate which the same was filed, is hereby declared to be duly and legally incorporated in accordance with said Act; and the person signing such certificate, and their successors, shall be a body corporate and politic, by the name specified in such certificate, with power to sue and be sued, contract and be contracted with, and to own, possess, maintain, and operate the railroad referred to in such certificate, and to transact all business connected with the

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same; and shall possess, and may exercise, all rights, powers, and privileges, and franchises conferred by the said Act, and all Acts amendatory thereof, whether heretofore or hereafter to be enacted, upon the corporations therein mentioned. How purchasers may form corporations by filing Certificate in office of Secretary of State. Authorities and powers of such corporations. Sec. II. Be it further enacted , That this Act shall take effect immediately. The Act to take effect at once. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 3rd, 1881. LETTING CONTRACTS FOR PUBLIC BRIDGES BETWEEN COUNTIES. No. 65. An Act to regulate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when completed. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, whenever it becomes necessary to build or repair any public bridge over any water course in this State, which divides one or more counties from each other, the Ordinary, Commissioners of Roads and Revenues, or other county officer having in charge the roads, bridges, and revenues of said counties joining at such water course, shall cause the same to be built or repaired by letting out the contract therefor to the lowest bidder at public outcry at the location of such bridge after having advertised the letting out of said contract as hereinafter provided. Bridges between counties to be built or repaired on contract to lowest bidders at public outcry. Public outcry to be had at location of bridge. Sec. II. That whenever the contract is likely to cost a sum greater than five thousand dollars, the proper officers of said counties shall give notice in the public gazettes wherein the Sheriffs sales for such adjoining counties are advertised once a week for eight weeks, and by posting a written notice at the court-house door of said adjoining counties, which advertisement and notice shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done, and the terms and time of payment. When the work to be done is likely to cost less than five thousand dollars the notice shall be published as provided in this section, once a week for four weeks, and by posting, as heretofore provided in this section, for a like period of four weeks, and it shall further be the duty of

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said officers to make out and post conspicuously in their said offices, complete and minute specifications of the proposed work which shall be open to the inspection of the public, and said officers may, in their discretion, employ some competent engineer or builder to examine and prepare plans and specifications of such proposed work, for which service he shall be paid reasonable compensation by the said counties in the same proportion as said counties are required to pay for said work. When cost is to be over $5000.00, how letting of contract is to be advertised. How advertised when the cost is to be less than $5000.00 Plans and specifications. Sec. III. Be it further enacted , That contractors who are awarded contracts under this Act shall be required to give bond in double the amount of the bid, with two good and solvent securities, who shall be required to justify, before signing said bond, conditioned for the faithful performance of the contract, and to indemnify the counties for any damages occasioned by a failure to perform said contract within the time provided, and to keep said bridge, or repairs made thereon, in good condition for a period of time not less than seven years, and that there shall be as many originals of said bond executed as their are counties interested in said bridge, and that one of said originals shall be filed with the proper authority representing each one of said counties, to be kept as other official bonds. Bond of contractors. Sec. IV. Be it further enacted , That the provisions of this Act shall not apply to the repairing of any bridge when the same can be done at a less cost than five hundred dollars ($500.00), but such officers may have such repairing done by hiring hands and furnishing material, or by private contract for such repairs. Does not apply to repairing at less cost than $500.00 Sec. V. Be it further enacted , That the payment for all work done under the provisions of this Act shall be in accordance with the provisions of section 678 of the Code of 1873 and that the remedy to inforce payment from any of said counties shall be as provided in section 679 of the Code of 1873; Provided , that nothing in this Act contained shall effect any counties having local laws affecting this subject. Payment for work under this Act. Not to affect local laws. Sec. VI. That all laws and parts of laws in conflict this Act be, and the same are hereby, repealed. Approved August 8th, 1881.

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TO EXTEND TIME FOR COMPLETING RAILROADS UNDER THE ACT OF FEBRUARY 29, 1876. No. 133. An Act to amend an Act entitled, An Act to confer additional powers and privileges upon purchasers of railroads, under the provisions of an Act entitled, An Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29th, 1876, by giving to said purchaser time to finish roads where the same are incomplete; said Act approved December 5th, 1878this amendment to extend the time still further in which to complete said roads, where the same are now incomplete. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited and entitled Act, be amended by extending the time in which purchasers, or their assigns shall have the right to complete the said railroad or railroads described in said Act to any time within five years from the passage of this Act. This Act not to be construed to repeal the provisions of the Act which it amends, in relation to State aid and exemption from taxation, or in any way to affect an Act entitled an Act to authorize the lease, or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road to build extension of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville, or Eastman to Americus, and to appoint commissioners to run the same, and to prescribe their powers and duties, and for other purposes, approved, September 3d, 1879; or in any way to affect an Act, entitled an Act to alter and amend an Act, entitled an Act to authorize the lease or sale of the Macon and Brunswick Railroad, and confer certain chartered powers and privileges upon the lessees of said road, to build extensions of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same, and prescribe their powers and duties, and for other purposes, approved September 3rd, 1879, said last recited Act being approved October 14th, 1879. Time for completlon of railroads purchased under Act of February 29th 1876 extended. Not to be construed to repeal Act amended hereby, or to affect Act authorizing sale of Macon and Brunswick railroad. Sec. II. That all laws in conflict with this Act be, and the same are hereby, repealed, except as provided in section 1 of this Act. Approved September 5th, 1881.

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KILLING FISH BY EXPLOSIVES. No. 149. An Act to make it penal for any person to use on any of the streams of this State, any explosive or destructive substance for the purpose of killing fish. Section I. Be it enacted by the General Assembly of this State , That it shall be unlawful for any person to use any dynamite, or other explosive or destructive substance, for the purpose of killing fish, and any person violating the provisions of this Act shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code. Killing fish by explosives a misdemeanor. Penalty. Sec. II. All laws in conflict with this Act are hereby repealed. Approved September 12th, 1881. EMPLOYING MINORS IN SALE OF LIQUOR. No. 151. An Act to prohibit any person or persons keeping a bar-room or other place where spirituous liquors are sold by retail, to be drunk on the spot, from employing minors therein and prescribe a penalty therefor. Section I. The General Assembly of the State of Georgia do hereby enact , That, from and after the passage of this Act, it shall not be lawful for any person or persons keeping or carrying on, either by himself or by another, a bar-room, or other place where spirituous liquors are sold by retail, to be drunk on the spot, to employ any minor in such bar-room or other place, and any one violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished in one or more of the methods prescribed in section 4310 of the Code of 1873. Minors may not be employed where liquors are sold to be drunk on the spot. Penalty. Sec. II. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved September 12th, 1881.

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RIDING HORSES OR MULES OF ANOTHER WITHOUT CONSENT. No. 167. An Act to prohibit the riding or driving of any horse or mule belonging to another, without his consent, and to provide a punishment therefor. Section I. The General Assembly of Georgia do enact , That if any person shall wilfully ride or drive any horse or mule belonging to another, without his consent, such person shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code of 1873. Wilful riding or driving the horse or mule of another without his consent, prohibited. Sec. II. And it is further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. SALE OF CERTAIN LOTS BELONGING TO THE STATE. No. 169. An Act to authorize the sale of certain lots and fractional lots of land in this State, heretofore reserved and set apart for educational purposes, and to apply the proceeds as herein provided. Whereas, certain lots of land, to-wit: the lots numbered 10 and 100, in each surveyor's district, and the proceeds of certain fractional lots formed by the survey of lands ceded by the Creek and Cherokee Indians under the several treaties between the United States and said Indian tribes, were, by virtue of an Act entitled an Act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee Nations, assented to December, 15th 1818, reserved and set aside for the education of poor children, and, whereas , many of said lots and fractional lots remain unsold: Preamble. Section I. Therefore; be it enacted by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That his Excellency, the Governor of this State, do require the Comptroller-General, as soon as practicable after the passage of this Act to ascertain the number and location of said lots and fractional lots still remaining

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unsold, and to prepare and file in the office of the Secretary of State a report of the same, together with a schedule showing the names of the counties and districts in which they are located, and the number of acres contained in each lot, and fractional lot, and when such report and schedule have been filed, as herein required, the Governor shall cause the same to be sold at public outcry at the court-house door of the counties in which such lots and fractional lots are located, respectively, after having caused notice of such sales to be advertised for sixty days in the newspapers in which the Sheriff's sales of said counties are advertised. Certain lots belonging to the State to be sold. Sec. II. Be it further enacted by the authority aforesaid , The Governor shall direct the sales provided for in the preceding section, to be made by the Sheriffs of the several counties in which such lots and fractional lots are situated, who shall be allowed, out of the proceeds of the sales so made by them, their usual commissions as fixed by law. The sales herein provided for shall be for cash, and the Governor will, on the payment of the purchase money to the Sheriff, cause to be delivered to the purchaser proper title to the lot or fractional lot purchased, and shall cause the amount of the purchase money, after deducting the cost of selling the said lots, to be paid into the treasury of the State, to be thence drawn out and applied as directed by section 13, article 7, of the constitution of 1877. How proceeds shall be applied. Sec. III. Be it further enacted by the authority aforesaid , That where any property is advertised for sale under this Act and the same is bona fide claimed by any person, such person may interpose a claim thereto, which shall be tried under the present claim laws of this State, with right to the State, or the claimant to carry said cause to the Supreme Court, as other causes are now carried there. Where property is claimed. Sec. IV. Be it further enacted by by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 13th, 1881.

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CONFERRING POLICE POWER ON CONDUCTORS OF PASSENGER TRAINS. No. 187. An Act to confer police power upon the conductors of passenger trains in this State, to provide a punishment for a neglect of their official duties, and for other purposes. 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 conductors of every train carrying passengers in this State, are hereby invested with all the powers, duties, and responsibilities of police officers while on duty on their trains; Provided , nothing herein contained shall affect the liability of any railroad company for the acts of its employes. Police powers conferred on conductors of passenger trains. Railroads not relieved, of liability. Sec. II. Be it further enacted by the authority aforesaid , That when a passenger is guilty of disorderly conduct, or uses any obscene, profane, or vulgar language, or plays any game of cards or other game of chance for money, or other things of value, upon any passenger train, the conductor of such train may stop his train at the place where such offense is committed, or at the next stopping place of such train, and eject such passengers from the train, using only such force as may be necessary to accomplish such removal, and the conductor may command the assistance of the employes of the company, and of the passengers on such train, to assist in such removal; and said conductor may cause any person or persons violating the provisions of this Act, and which are in violation of the laws of this State, to be detained and delivered to the proper authorities for trial as soon as practicable. Passengers may be ejected when. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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EXTRAORDINARY WORK ON PUBLIC ROADS. No. 193. An Act to authorize and require the County Commissioners of Roads and Revenues, Ordinaries, or County Judges of the several counties in this State to provide for extraordinary work on the public roads, and to provide for the payment therefor. Section I. Be it enacted by the General Assembly of the State of Georgia , That the County Commissioners of Roads and Revenues, Ordinaries, or County Judges of the several counties in this State, having charge of the roads and revenues of each of said counties (as the case may be), are hereby authorized and required to provide for the grading of the public roads of their respective counties when said roads are too steep, too rough, or too boggy for practical use, or the hauling of ordinary loads; and said officials are also authorized and required to provide for any other extraordinary work on the public roads of their respective counties which cannot be done by the road hands subject to road duty under the laws of this State. Extraordinary work on public roads may be provided for by county officers. Sec. II. Be it further enacted , That said officials may have said work, enumerated in section 1, done by use of the county chaingang, by contract let to the lowest and best bidder, or otherwise as may be to the best interest of their respective counties, and said officials shall be authorized to pay for said work out of any funds of their said counties not otherwise appropriated. May be paid for out of county funds. Sec. III. And be it further enacted , That the grand juries of the respective counties be and are hereby authorized to select such roads or sections of roads, if in their judgment any such roads exist in their respective counties, as cannot be made passable by the hands accessable thereto, and shall recommend to the Ordinaries, or Boards of Roads and Revenues, or County Judges, as the case may be, existing in their respective counties, to have said road put in proper order as provided in 1st and 2d sections of this Act, and they shall also recommend the manner in which said work may be done or contract let out. Grand Juries may select and recommend roads to be worked. Sec. IV. The provisions of this Act shall also apply to such culverts and short bridges, not less than ten feet in length, as the grand juries may recommene as provided in section 3 of this Act. Act applies to culvert and short bridges. Sec. V. All laws and parts of laws conflicting with this Act are hereby repealed. Approved September 15th, 1881.

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AUTHORIZING PUBLICATION OF NEW CODE. No. 225. An Act to authorize the publication of a new Code of Georgia, to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same. Whereas, many and great changes have been made in the present Code by the constitution of 1877, and the legislation since 1873; and, whereas , the supply of the edition of the Code of 1873, belonging to the State, is exhausted, and, whereas , there is a general need and demand for copies of the Code among the public officers of the State, and also among private citizens; and, whereas , a revised and annotated Code, prepared by George N. Lester, C. Rowell, and W. B. Hill, has been examined by the Attorney-General under authority of a joint resolution of the General Assembly, and has been reported upon favorably by him to the General Assembly: Preamble. 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 George N. Lester, C. Rowell, and W. B. Hill, are hereby authorized to publish said Revised and Annotated Code of Georgia so soon after adjournment of the present session as it will be possible for them to obtain and insert in said Code the Acts passed at this session by the General Assembly. The statute law to be printed in long primer type, in accordance with the printed specimen of said Code exhibited to the General Assembly, and the annotations in minion type. G. N. Lester, C. Rowell and W. B. Hill authorized to publish Revised and Annotated Code. How to be printed. Sec. II. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That the Governor is hereby authorized in behalf of the State to subscribe for such number of copies of said Code as may be necessary to supply the public officers who are now entitled by law to receive a copy of the same, at a price not to exceed six dollars per copy, not to exceed three thousand (3000) copies. Governor may sub-scribe for copies. Not more than 3000 copies. Sec. III. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That the sum of eighteen thousand dollars, or so much thereof as may be necessary to pay for the number of Codes so subscribed for by the Governor for said public officers, is hereby appropriated to pay for the same. $18000.00 appropriated. Sec. IV. Be it further enacted, etc. , That whenever said Code shall be placed in the hands of the publisher for publication, and bond and security given in such sum as the Governor may direct

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for the publication and delivery of said volumes subscribed for by the Governor, it shall be lawful for the Governor to draw his warrant in favor of said George N. Lester, C. Rowell, and W. B. Hill for one-half of the sum subscribed for by said Governor, counting the Code at said sum of not to exceed six dollars per copy, and when the whole number shall be published and delivered to the Governor, the other half of said sum shall in like manner be paid by said Governor. When payment may be made. Sec. V. Be it further enacted, etc. , That said Code shall be printed in the type hereinbefore prescribed, and shall be bound in substantial law calf. How printing shall be done. Sec. VI. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16th, 1881. ELECTROTYPING OF SUPREME COURT REPORTS. No. 227. An Act to provide for the electrotyping of all reports of the Supreme Court of Georgia hereafter published. Whereas, the rapid growth of the State, and the great scarcity of the early volumes of the reports of the Supreme Court demonstrate the fact that the ordinary edition of one thousand copies of each volume will be soon exhausted, whilst the expense to the State of a much larger edition would be great: Preamble. Section I. Be it enacted by the Senate and House of Representatives in General Assembly convened as follows , That the Governor shall require all of the Georgia Reports hereafter published, commencing with the sixty-sixth (66th) volume, to be electrotyped. That it shall be his duty to see to it that the additional expense thus incurred shall not exceed that paid for similar work by other States of the Union. Supreme Court Rep'ts to be electrotyped. Sec. II. That whenever the Librarian of the State shall report to the Governor that there are not more than twenty-five copies of any electrotyped volumes on hand, the Governor shall forthwith have five hundred additional copies struck off, and shall draw his warrant upon the printing fund for the expense thus incurred. Librarian shall report when Reports are exhausted. Plates to be preserved. Sec. III. That when the first edition of each volume is printed the printer shall carefully box up the plates and turn them over to the State Librarian, who shall preserve them for further use. Sec. IV. That all laws conflicting with this Act be, and the same are hereby, repealed. Approved September 16th, 1881.

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PREVENTION OF CRUELTY TO ANIMALS. No. 247. An Act to alter and amend section I of an Act for the prevention of cruelty to animals, approved October 20th, 1879. Section I. Be it enacted by the General Assembly of the State of Georgia , That section I of an Act for the prevention of cruelty to animals, approved October 20th, 1879, be so altered and amended by striking out that portion of the section which reads, shall be punished by imprisonment in the common jail of the county for a period not exceeding fifteen days, or by a fine not exceeding one hundred dollars, or by such fine or imprisonment, both, at the discretion of the court, and substitute in lieu thereof, so as to read, shall be punishable under section 4310 of the Code of 1873. Penalty for cruelty to animals made that prescribed in Section 4310 of the Code. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 21st, 1881. TO PREVENT FIRE HUNTING. No. 248. An Act to prevent the practice of hunting deer in the night-time by fire-light, usually called fire-hunting, and to provide a punishment therefor. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, it shall be unlawful for any person or persons to hunt with a gun by fire-light, or kill any deer so hunting by fire-light in the night-time in this State (except upon his or their own premises) without the full permission and consent of the owner of the lands upon which he or they may hunt. Unlawful to hunt deer by firelight with guns. Except on one's own premises. Sec. II. Be it further enacted by the authority aforesaid , That any person or persons violating this Act, upon conviction thereof shall be punished as prescribed in section 4210 of the Code of 1873. Penalty. Sec. III. Be it further enacted by the aforesaid authority , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 21st, 1881.

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DRIVING OR GRAZING DISEASED CATTLE. No. 284. An Act to amend an Act, approved August 26th, 1879, entitled An Act to prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, and to fix a penalty for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act, approved August 26th, 1879, entitled An Act to prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, and to fix a penalty for the same, be, and the same is hereby, amended by inserting after the words, at the time are so diseased, in the seventh line, the words, or driving work oxen or other cattle into or through such localities between April 15th and October 15th annually, so that said section I shall read as follows: Sec-I. Be it enacted by the General Assembly of the State of Georgia that, from and after the passage of this Act, any person or persons who shall knowingly drive, or move for the purpose of grazing, any cattle having the disease known as `murrain,' or having any other distemper or infectious disease, to any place or places in this State other than those places or localities where the cattle at the time are so diseased, or driving work oxen or other cattle into or through such localities between April 15th, and October 15th, annually, shall be guilty of a misdemeanor, and upon a conviction thereof, shall be punished as prescribed in section 4310 of the Revised Code of Georgia. Act of August 26th 1879 amended by adding thereto driving of work oxen or other cattle between April 15th and Oct 15th. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24th, 1881. CONDITIONAL SALES OF PERSONAL PROPERTY. No. 293. An Act to require the conditional sales of personal property to be evidenced in writing, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, whenever personal

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property is sold and delivered, with the condition affixed to the sale that the title thereto is to remain in the vendor of such personal property until the purchase price thereof shall have been paid, every such conditional sale, in order for the reservation of title to be valid as against third parties, shall be evidenced in writing, and not otherwise; and the written contract of every such conditional sale shall be executed and attested in the same manner as is now provided by existing laws for the execution and attestation of mortgages on personal property; Provided, nevertheless , that as between the parties themselves the contract as made by them shall be valid, and may be enforced whether evidenced in writing or not. Conditional sales of personal property must be evidenced in writing as against third parties. Sec. II. Be it further enacted by the authority aforesaid , That the existing statutes and laws of this State in relation to the registration and record of mortgages on personal property, shall apply to and affect all conditional sales of personal property as defined in the preceding section. Law as to registration of mortgage on personalty, applied. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. DISTURBANCE OF SCHOOLS. No. 294. An Act to protect the public schools, private schools, and Sunday-schools of this State from disturbance, and to punish those who unlawfully disturb the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That any person who shall wilfully interrupt or disturb any public school, private school, or Sunday school in this State, or any assemblage or meeting of any such school, lawfully and peaceably held, for the purpose of scientific, literary, social or religious improvement, either within or without the place where such school is usually held, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia for 1873. Disturbance of public, private or Sunday schools etc., forbidden. Penalty. Sec. II. Be it further enacted , That all laws and parts of law in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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SETTLEMENT OF STATE CLAIM AGAINST MARIETTA NORTH GEORGIA RAILROAD. No. 298. An Act to provide for a settlement and adjustment of the claims of the State against the Marictta and North Georgia Railroad Company on the terms herein stated, and for other purposes. Whereas, by the terms of an Act, approved February 24th, 1877, the State of Georgia did agree to loan said company the net amount of money received into the Treasury from convict labor for four years, to-wit: The years 1877, 1878, 1879, and 1880, and, whereas , the State has fully complied with its obligations under said Act, and has turned over to the proper officers of said company the entire net proceeds as aforesaid, amounting, in the aggregate, to the sum of sixty-two thousand eight hundred and ninety eight dollars and twenty-eight cents, up to January 1st, 1881, at which date said loan ceased under the provisions of said Act of 1877, taking therefor the bonds of the said company for said sum as provided in said Act, said bonds being of various dates and for different amounts, but all bearing interest at the rate of seven per cent per annum, and all falling due at twenty years from July 1st, 1877, which bonds said company propose to redeem before due, on the terms hereinafter set forth; therefore: Preamble. Section I. The General Assembly of Georgia do enact , That should said Marietta and North Georgia Railroad Company, or its duly authorized officers, representatives, or agents, proceed to build, construct and equip a railroad from the present terminus of said road in Cherokee county, Georgia, to the North Carolina line, and shall furnish and equip the same by the first day of January, 1886, then, and in that event, the State agrees to accept from said company, in full payment of said bonds the principal sum due thereon, remitting the interest that will accrue thereon from April 1st, 1881, (up to which date it has been paid), to said January 1st, 1886, the said State meanwhile reserving and retaining its lien and all the securities provided for in the Act of 1877, for the payment of said loan. Bonds given to the State by the Marietta and North Ga. R. R., to be settled by payment and principal due, R. R. shall complete line to North Carolina Line. Sec. II. Be it further enacted , That should said company fail to finish and equip said road, as required in the preceding section, by the first day of January, 1886, then this agreement on the part of the State, as above set forth, shall cease, determine and be of no effect, and the Governor shall at once proceed to enforce the claim of the State against said company for said unpaid interest, by using the remedies provided by said Act of 1877, or such other legal remedies as may be necessary in the premises. Should the company fail to so finish its line, the Governor shall proceed to enforce State's claim.

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Sec. III. Be it further enacted , That before this Act shall become operative, the proper authorities of said company shall file with the Governor a statement in writing, made under oath, accepting the proposition contained in this bill and setting forth in detail the arrangements that they have made for completing and equipping said road by the time required in this Act, and should said sworn statement be satisfactory to the Governor as to the probability of said company complying with this Act, he shall cause the collection of said interest on said loan to be suspended, as herein provided. Officers of company shall file with Governor written acceptance of terms of this bill. Sec. IV. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. SERVICE OF NOTICE ON ROAD DEFAULTERS. No. 300. An Act to provide for the service of notice in writing of the time and place of trial upon road defaulters. Section I. Be it enacted by the General Assembly of this State , That, from and after the passage of this Act, it shall be the duty of the Road Commissioners of this State to cause to be served upon road defaulters three days' notice in writing of the time and place of the meeting of such Commissioners for the trial of defaulters, such notice to be served by the overseer of roads, or the Constables of their respective militia districts, upon such defaulters personally, or by leaving the same at their most notorious place of abode. Three days' notice in writing must be given road defaulters as to time and place of their trial. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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STATE LINE BETWEEN GEORGIA AND NORTH CAROLINA. No. 302. An Act to repeal an Act entitled, An Act to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, and to provide for a survey of the same. Section. I. Be it enacted by the General Assembly of Georgia , That an Act entitled, An Act to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, and to provide for a survey of the same, approved August 18th, 1879, be, and the same is hereby, repealed. Act establishing State Line between Georgia and North Carolina, so far as same applies to Rabun county, repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. AMENDING ACT ENABLING PURCHASERS OF RAILROADS TO FORM CORPORATIONS. No. 304. An Act to amend an Act entitled, An Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29th, 1876, by conferring additional powers and privileges upon said purchasers, their successors and assigns, and further defining their rights, powers and privileges. Section I. Be it enacted by the General Assembly of the State of Georgia , That all Acts heretofore passed by the General Assembly of the State of Georgia purporting in any section to amend the original charter of any railroad named therein by altering, changing, or extending the route thereof, shall enure to the benefit of the purchaser or purchasers, and his or their successors and assigns, if they so elect, and he or they may adopt such change or alteration, and build the said railroad accordingly, the same as if such change or alteration was contained in the original charter which said Act or Acts purport to amend, as a part of the route of such railroad, although said Act or Acts may have been procured at the instance

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of persons unconnected with the railroad named therein, and may purport to give, or in legal effect have given, to said persons the right to organize a new company for such altered or changed route or line; Provided , that such persons have not actually built a railroad on the line mentioned, or, provided , that they have not complied with all the terms and conditions in such Act or Acts contained, including all provisions in regard to time, or, provided , they have transferred their rights, if any, thereunder to the railroad company mentioned therein by name, or the said railroad company had acquired the same previous to the time when it was sold, and, provided, further , that such purchaser or purchasers, his or their successors or assigns, shall file in the office of the Secretary of State, within six months after the passage of this Act, a certificate to the effect that he or they elect to adopt the alteration, change or additional route mentioned in such Act or Acts purporting to amend by any section, the original charter of any company named therein, and upon the filing of such certificate, such purchaser or purchasers, his and their successors and assigns, shall be entitled to build the railroad so purchased by them upon such additional route or line aforesaid, as well as upon the route or line of the original charter thereof, and the completion of work thereon within the time allowed by the Act of February 29th, 1876, and any Act which has or may hereafter be passed, amendatory thereof, or increasing the time therein mentioned, by the purchaser or purchasers, his and their successors and assigns, shall be deemed a full compliance with any directions, or conditions in regard thereto, contained in the Act or Acts so purporting to amend the original charter of said railroad, whether any time mentioned in said Act or Acts had expired at the time of the purchase or not. Purchasers of railroads shall have benefit of Acts altering or extending route of road etc. Sec. II. Be it further enacted by the authority aforesaid , That whenever the rights, franchises or property of any railroad company within the limits of this State and incorporated under the laws of the same, which said railroad formed a part of a consolidated line of railroad extending into any adjoining State, has been sold under judicial process, or order of any court of this State, the purchaser or purchasers thereof, if they have not organized a company pursuant to the Act of February 29th, 1876, and the several amendments thereto, may resell and reconvey to the company which owned said railroads and its rights and franchises previous to its sale whatever rights, privileges and property such purchaser or purchasers may have acquired by virtue of his or their purchase, and thereupon said railroad company shall be and become restored to all the rights, powers and privileges theretofore possessed by it, the same as if no sale had ever taken place, together with such additional rights, powers and privileges as are by the Act, approved February, 1876, and all amendments thereto, heretofore or which may hereafter be passed, including

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this Act, conferred upon the purchasers of railroads and railroad property, and upon such railroad company filing in the office of the Secretary of State a certificate, under its corporate seal, signed by its President and Secretary, setting forth the date of its original charter, the date of the sale of the portion of its road situated in this State, the name of the purchaser or purchasers thereof, the fact of its repurchase thereof, and the manner of the same, the jurisdiction and authority of the said railroad company shall immediately extend to and embrace that part of its line situated in Georgia and so repurchased by it, and the same shall become ipso facto a part of the consolidated line in the same manner and to the same extent as it was before such sale and repurchase; Provided , that nothing in this Act contained shall operate to effect section VIII of the Act, approved February 29th, 1876, and, provided, further , that no liability of the State in any way is hereby created, and that all and every part of the original charter of said corporation, relative to State aid, is hereby repealed. Whenever any railroad in this State is part of line extending into other State and is purchased under judicial sale, party purchasing may reconvey to former owners. Sec. III. Be it further enacted by the authority aforesaid , That this Act shall take effect immediately, and that all laws in conflict with this Act be, and the same are hereby, repealed; Provided , that nothing contained in this Act shall be construed to exempt any railroad from taxation, or from the operation of the law creating the Railroad Commission and the laws amendatory thereof. This Act takes effect immediately. Not to be construed to exempt from taxation. Approved September 27th, 1881. RATE OF INTEREST. No. 310. An Act to amend an Act entitled An Act to regulate and restrict the rate of interest in this State, and for other purposes, approved October 14th, 1879. Section I. The General Assembly of the State of Georgia do enact , That section 2 of an Act entitled An Act to regulate and restrict the rate of interest in this State, and for other purposes, approved October 14th, 1879, which provides for forfeiture of all interest in cases of violation of its provisions be, and the same is hereby, amended by striking out the words, the interest and in third line of said section, so that, as amended, it will read as follows: That any person, company or corporation, violating the provisions of the foregoing section of this Act shall forfeit the excess of interest so charged or taken or contracted to be reserved, charged or taken. When usury is shown excess of interest forfeited.

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Sec. II. Be it further enacted , That section 4 of the above recited Act which provides for proof by the plaintiff in all cases of suits upon contracts in which more than seven per cent is charged, that no greater rate of interest than that specified in the contract has been in any manner taken or reserved be, and the same is hereby, repealed. Plaintiff need not show that no usury has been taken to make out his case. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. STEALING COTTON, No. 309. An Act to punish the stealing of a bale or more of cotton, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the passage of this Act, if any person or persons shall take, steal and carry away a bale, or any number of bales of cotton, from any place where the same may be stored, whether the same shall be in a house or not, or within the curtilage or not, then such person, or persons, so offending, shall be punished by imprisonment in the penitentiary not less than one year nor longer than five years. Stealing bale or more of cotton a felony. Penalty. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881. LEGAL WEIGHT OF ROUGH RICE, No. 314. An Act to prescribe and fix the legal weight of rough rice in this State. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the legal

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weight of rough rice in this State shall be forty-three pounds per bushel. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. ILLITERACY A DISQUALIFICATION FOR ELECTION MANAGERS. No. 317. An Act declaring persons who cannot read and write incompetent to serve as Election Managers. Section I. The General Assembly of the State of Georgia do enact , That persons who cannot read and write shall not be competent to serve as Managers of Elections in this State. Illiteracy disqualifies a person for election managers. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. POINTING, OR AIMING FIRE-ARMS AT ANOTHER. No. 321. An Act to make penal the intentional pointing, or aiming of fire-arms at another, whether loaded or unloaded. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, any person who shall intentionally point or aim a gun or pistol, whether loaded or unloaded, at another not in a sham-battle by the military, and not in self-defense, or in defense of habitation, property, or person, or other instances standing upon like footing of reason and justice, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Revised Code of Georgia of 1873. Pointing or aiming fire-arms at another, whether loaded or not, a misdemeanor. Penalty. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict herewith be, and are hereby, repealed. Approved September 27th, 1881.

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CARRYING LIQUORS TO PLACES OF DIVINE WORSHIP. No. 323. An Act to make it a misdemeanor for any person or persons to carry to any place in this State where people are assembled for divine worship, or for Sunday-school, or for a Sunday school celebration, or day school celebration, any intoxicating liquors, except for medical purposes, and wine for sacramental purposes, and to provide a punishment therefor, and for other purposes. 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, any person or persons who shall carry any intoxicating liquors except for medicinal, and wine for sacramental, purposes, to any place in this State where people are assembled for divine worship, or for Sunday school, or for a Sunday school celebration, or day school celebration, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in section 4310 of the Code of 1873. Carrying liquors to places of divine worship or Sunday school or day school celebrations, a misdemeanor. Penalty. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 27th, 1881. INSPECTION OF COAL AND PETROLEUM OILS. No. 326. An Act to provide for the better security of life and property from the dangers of coal and petroleum oils. Section I. Be it enacted by the Senate and House of Representatives , That, from and after the first day of January, 1882, no refined petroleum, kerosene, naptha, benzole, gasoline, or any burning fluid, be they designated by whatsoever name, the fire-test of which shall be less than one hundred and twenty degrees, Fahrenheit, shall be sold, or offered far sale as an illuminator, for consumption within the limits of the State of Georgia. Oils must be such as to stand fire test of 120 Fahrenheit. Sec. II. The said fire-test shall be determined by an Inspector, appointed under the provisions of this Act, who shall use Tagliabue's, or such other well-defined instrument as may be prescribed by the Commissioner of Agriculture of this State, according to

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the following formula: Heat with alcohol, small flame; when thermometer indicates ninety degrees, remove lamp; at ninety-five try for flash with small head of fire on end of string held within quarter of an inch of the surface of the oil; replace lamp and work oil up gradually from this point until the burning point is reached, removing lamp every four degrees, and allowing oil to run up three degrees before replacing lamp, flashing the oil each time just before lamp is replaced, until result is obtained. Manner of testing. Sec. III. The said Inspectors shall be appointed by the Commissioner of Agriculture, one for each county of the State in which, in his judgment, the quantity of such oils sold renders the presence of an Inspector necessary; Provided , That in those counties in which Inspectors of fertilizers are appointed, they shall be ex-officio Inspectors of oils, and no other Inspectors of oils shall be appointed in said counties. The said Inspectors shall hold their offices for the term of four years, unless sooner removed by the Commissioner of Agriculture for incompetency, or found guilty under the provisions of this Act. All vacancies in the offices of Inspectors of oils shall be filled by appointment by the Commissioner of Agriculture. The said Inspectors shall be authorized to appoint such clerks or deputies as they may find requisite for the perfect carrying out of the provisions of this Act; provided , said Inspectors' clerks or deputies shall derive their compensation from the inspection fees hereinafter authorized, and from no other source. All clerks and deputies are held amenable by this Act, and subject to the same penalties for violating any of its provisions, as are provided in this Act for the punishment of the appointed Inspectors. Each Inspector's deputy or clerk, after receiving his appointment, and before entering upon the duties of the office, shall file in the office of the Commissioner of Agriculture an oath or affirmation that he will well and truly perform the duties of his office and carry out the provisions of this Act. The said Inspector shall provide at his own expense the instruments for testing oils, and stencils for the purpose of branding packages, to read thus: State of Georgia, fire-test one hundred and twenty degrees, with name of Inspector and date of inspection; provided , when oil so inspected shall stand higher test, the Inspector shall designate such actual test by his brand. The said Inspector, or his sworn clerks or deputies, shall have power to enter any place or building where oils or fluids, as before designated in this Act, are kept in store for sale or consumption, in this State, whether in the county for which he was appointed, or in a county in which there is no Inspector. He shall have power also to reinspect any oil or fluid which he has reason to suspect is below the standard required by law; provided , no fee shall be charged for reinspection. If said Inspector shall find any oil or fluid, as designated in this Act, under the fire-test

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required by law, and falsely branded, he shall prosecute, or cause to be prosecuted, the offender as herein authorized in this Act. Appointment of Inspectors. Inspectors of fertilizers are ex-officio Inspectors of oils. Term. Vacancies. Authority. Oath of Inspectors and their Clerks. Stencils and brands. Power of Inspector and Deputies. Sec. IV. Any person who shall sell or offer for sale any of the illuminating fluids designated in this Act, in violation of its provisions shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than two hundred and fifty dollars, nor more than five hundred dollars, or imprisonment not less than one year, or both, at the discretion of the Court; one-half of said fine to go to the prosecutor, and one-half to the public school fund in the county where such misdemeanor may have been committed. Also, if any person shall sustain damage to his property, or injury to his person by reason of a violation of any of the provisions of this Act by another person, the person guilty of said violation shall be liable to the person injured for all damages sustained thereby; Provided , reasonable prudence was used by the party so injured in handling the fluid. Violation of this Act by sale of fluids under test, a misdemeanor. Liable also for damages. Sec. V. It shall be the duty of the Inspectors to inspect from time to time the oil in the tanks of retail dealers, whether previously inspected or not, and if in any case such fluid is found below the standard required by law, it shall be subject to seizure by said Inspector, or by his clerk or deputy, and the same shall, after ten days' public notice, be sold for redistillation only, the proceeds of such sales, after deducting the necessary expenses of sale, notice, and seizure, shall be given to the school fund in the county in which the seizure is made; Provided no fee shall be charged in case of reinspection. Fluids subject to seizure when below test. Sec. VI. In all cases where inspections are made of fluids on which fees are lawfully chargeable, the fluids so inspected shall be held subject to the fees until they are paid by the owner of the fluid, or the party securing the inspection. In such cases the Inspector, or his sworn clerk or deputy may, after ten days' public notice, sell at public outcry a sufficient quantity of said fluid to cover the inspection fees and cost of sale and notice. Fees of Inspectors. Sec. VII. It shall be the duty of Inspectors to brand such oils or fluid as fall below one hundred and twenty degrees fire-test, State of Georgiarejected, together with the name of the Inspector, and the date of inspection. Any person who shall sell or offer for sale in this State such rejected oil or fluid, shall be deemed guilty of a misdemeanor and, on conviction, punished as provided in 4310 of the Code of 1873, the fine to be given to the school fund in the county in which the offense is committed. Brand for rejected fluids. Penalty for selling same. Sec. VIII. Any dealer in illuminating oils or fluids who shall receive, give away, buy or sell, any empty barrels or other packages from which said oil or fluid has been emptied, without first removing or defacing the Inspector's brand, or shall refill such casks or other packages, with uninspected oil or fluid, for the purpose of sale, and shall offer the same for sale without first having it inspected, shall be deemed guilty of a misdemeanor, and, on

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conviction of either selling such packages, or uninspected oil or fluid from the same, shall be punished as provided in 4310 of the Code of 1873, the fine to be devoted to the public school fund in the county in which the offense was committed. Dealing in stamped barrels or packages without renewing Inspector's brand, a misdemeanor. Penalty. Sec. IX. As full compensation for their services, the Inspectors of oils shall receive one-half of one cent per gallon for inspecting in quantities in bulk of over four hundred gallons, one cent per gallon if in quantities in bulk of not more than four hundred nor less than two hundred gallons, if inspected in bulk in quantities less than two hundred gallons, one and one-half cents per gallon; if inspected in barrels he shall receive one cent per gallon for inspecting ten or more barrels, and fifty cents per barrel if less than ten barrels are inspected; Provided , that he shall collect from the party procuring the inspection five cents per mile for each mile traveled in making the inspection, if made outside of the town in which he holds his office. In all cases the oil inspected shall be held subject to the fees and mileage as provided in section sixth of this Act. Fees of Inspectors. Sec. X. Each Inspector shall report on the first day of each month, to the Commissioner of Agriculture, the number of gallons of oil, or other fluid, inspected and the amount of fees received by him and his clerks, or deputies, during the month next preceding, and shall make, also, a consolidated report for the fiscal year, on the first day of October of each year, in which he shall state the number of gallons inspected, where and when inspected, and the amount of fees received on each inspection, and the total amount inspected, and the total amount of fees collected during the year next preceding. Report of Inspectors. Sec. XI. Any Inspector, Inspector's clerk, or deputy, who fails to discharge the duties required of him by this Act, or violates the provisions of the same, shall, on conviction, be punished as provided in section 4310 of the Code of 1873. Failure of duty by Inspectors or Deputies, a misdemeanor. Sec. XII. All laws and parts of laws in conflict with the provisions of the Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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GENERAL LAW FOR INCORPORATION OF RAILROADS. No. 328. An Act to provide a general law for the incorporation of railroads, and to regulate the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That any number of persons, not less than three, may form a company, and shall give ninety days' notice of the formation of such company in each paper, daily or weekly, in the several counties through which the proposed or existing railroad shall run, by inserting in said papers once a week, during the said ninety days, a copy of the articles of association hereafter referred to, for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property, or for the purpose of maintaining and operating any railroad already constructed for the like public use. And for the purpose of organizing under this Act, may make and sign articles of association, in which shall be stated the name of the company, the places from and to which the road is to be constructed or maintained and operated, the length of such road, as near as may be, and the name of each county in the State through which or into which it is made, or intended to be made, the amount of the capital stock of the company, and the number of shares of which the capital stock shall consist, and the names and places of residence of the company, who shall manage its affairs for the first year, and until others are chosen in their places, and the number of such directors shall not be less than three nor more than thirteen. Each subscriber to such articles of association shall subscribe thereto his name, place of residence and the number of shares of stock he agrees to take in said company. There shall be indorsed thereon, or annexed thereto, an affidavit, made by at least three of the directors named in said articles, that the names subscribed to said articles are the genuine signatures of the persons named therein, and that it is intended in good faith to construct, and to maintain and operate, the road named in such articles of association, which said articles of association and affidavits may then be filed in the office of the Secretary of State, who shall indorse thereon the day they are filed, and record the same in a book to be kept by him for that purpose. The Governor and Secretary of State shall, upon the filing of such articles of association and affidavits, issue to the persons named therein a certificate under the great seal of the State, signed by the Governor and attested by the Secretary of State in the following form: Any number of persons, not less than three, may form R. R. corporations Articles of associationwhat they shall state. Subscribers' signature. Affidavit.

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FORM OF CERTIFICATE: To all to whom these presents may come, greeting: Whereas, (naming the persons subscribing to the articles of association) have filed in the office of the Secretary of State certain articles of association with a view of forming a corporation, to be known as (here insert name), and with a capital of $, for the purpose of constructing, maintaining and operating a railroad fromto, and have complied with the statutes in such cases made and provided, therefore, the State of Georgia hereby grants unto the above named persons, their successors and assigns, full authority by and under the said name of, to exercise the powers and privileges of a corporation for the purpose above stated, and in accordance with the said articles of association and the laws of this State. In witness whereof these presents have been signed by the Governor and attested by the Secretary of State of Georgia, at Atlanta, and the great seal of the State attached thereto, thisday of, 18. And thereupon the persons who have subscribed such articles of association, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in such articles of association, and shall possess the powers and privileges granted to corporations, and be subject to the provisions contained in this Act. Form of certificate of incorporation. Sec. II. Be it further enacted , That any certificate issued pursuant to the provisions of this Act, or a certified duplicate thereof, shall be conclusive evidence of the existence of such corporation in all courts and places in this State. The original articles of association, with the certificate of the recording thereof in the office of the Secretary of State indorsed thereon, or a copy from the record thereof certified by the Secretary of State, shall be evidence of the contents of the articles of association of any such corporation in all actions and proceedings. Certificate as evidence. Original articles to be filed with Secretary State. Sec. III. Be it further enacted , That when any such articles of association and affidavits are filed and recorded in the office of the Secretary of State, the directors may, in case the whole of the stock is not before subscribed, open books of subscription to fill up the capital stock of the company, in such places, and after giving such notices as they may deem expedient, and may from time to time receive subscriptions until the whole capital stock is subscribed. Books of subscription may be opened when. Sec. IV. Be it further enacted , That there shall be a Board of not less than three, nor more than thirteen Directors of every corporation formed under this Act, to manage its affairs, and said directors shall be chosen by a majority of the votes of the stockholders, each share of stock being entitled to one vote, said election to be governed by the by-laws of the corporation, and these

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shall continue in office until others are elected in their places. In the election of directors, stockholders may vote in person or by proxy, and vacancies in the Board of Directors shall be filled in such manner as shall be prescribed by the by-laws of the corporation. The inspectors of the first election of directors shall be appointed by the Board of Directors named in the articles of association. No person shall be a director unless he shall be a stockholder, owning stock in his own name, or as trustee, or personal representative, and qualified to vote at the election at which he shall be chosen; and at every election of directors the books and papers of such company shall be exhibited to the meeting if a majority of the stockholders present shall require it. If, for any reason, the election of directors shall not have been, or shall not be, held at the time fixed therefor by law, the same may be held at any time thereafter, on a notice to stockholders, of twenty days, but at any meeting of all the stockholders, or their legal representatives, it shall be lawful to waive notice and proceed to an election of directors. Directors. Election. Qualification. Sec. V. Be it further enacted , That the directors shall appoint one of their number president. They may also appoint a vice-president, treasury, secretary, and such other officers and agents as may be prescribed by the by-laws. Officers. Sec. VI. Be it further enacted , That the directors may require the subscribers to the capital stock of the company to pay the amount by them variously subscribed, in such installments as they may deem proper; Provided , that five per cent. shall be paid in before work is commenced, and that the directors may receive cash or property, real or personal, in payment of such installments. If any stockholder shall neglect to pay any installments as required by resolution of the Board of Directors, the said board shall declare his stock forfeited, as well as all previous payments thereon, to the use of the company; but they shall not declare it so forfeited until they have served a notice in writing on him personally, or by depositing said notice in the post-office, postage paid, directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment at the time and place expressed in such notice, and that if he fails to make the same his stock, and all previous payments thereon, will be forfeited for the use of the company, which notice shall be served as aforesaid at least sixty days previous to the day on which such payment is required to be made. Payment of subscription Forfeiture of stock. Sec. VII. Be it further enacted , That the stock of every company formed under this Act shall be deemed personal estate, and shall be transferable in the manner prescribed by the by-laws of the company; but no share shall be transferable until all previous calls thereon shall have been fully paid in, and all property, whether real or personal, of any stockholder in this State, in any such corporation as is provided for in this Act, shall be exempt

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from the debts or liabilities of such corporation, except to the amount of the subscribed stock of, or in, such corporation. Transfer of stock. Liability of stockholders Sec. VIII. Be it further enacted , That in case the capital stock of any company formed under this Act is found insufficient for constructing and operating its road, such company may, with the concurrence of two-thirds in amount of all its stockholders, increase its capital stock from time to time to any amount required for the purpose aforesaid. Such increase must have the sanction, in person or by proxy, of two-thirds in amount of all the stockholders of the company at an annual meeting, or a meeting of such stockholders called by the directors of the company for that purpose, by a notice in writing to each stockholder to be served on him personally, or by depositing the same, properly folded and directed, postage paid, to him at the post-office nearest his usual place of residence, in the post-office at least twenty days prior to such meeting, and its object, and the amount to which it is proposed to increase the capital stock, and the proceedings of such meeting must be entered on the record of the company, and thereupon the capital stock of the company may be increased to the amount sanctioned by such two-thirds vote in amount of all the stockholders of the company as aforesaid. Increase of capital stock. Sec. IX. Be it further enacted , That every corporation formed under this Act shall be empowered, first, to cause such examinations and surveys to be made of the proposed railroad as shall be necessary to the selection of the most advantageous route, and for such purposes to be empowered by its officers, agents, servants or employes, to enter upon the land or water of any person for that purpose. Second, to take and hold such voluntary grants of real estate and other property as may be made to it, to aid in the construction, maintenance and accommodation of its road, but the real estate received by voluntary grant shall be held and used for the purpose of such grant only. Third, to purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its road, and the stations, wharves, docks, terminal facilities, and all other accommodations necessary to acomplish the object of its incorporation, and to sell, lease or buy any land necessary for its use. Fourth, to lay out its road not exceeding two hundred feet in width, and to construct the same, and for the purpose of cuttings and embankments, and for obtaining gravel and other material, to take as much land as may be necessary for the proper constructon, operation and security of the road, or to cut down any trees that may be in danger of falling on the track of the road, or obstructing the right of way, making compensation therefor as provided in this Act for property taken for use of such company. Fifth, to construct its road across, along or upon, or use of any stream of water, water-course, street, highway, or canal, which the routes of its road shall intersect or touch, and whenever

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the track of any such road shall touch, intersect or cross any road, highway or street, it may be carried over or under such railroad, as may be found most expedient for the public good, and in case any embankment or cut in the construction of any railroad provided for in this Act, shall make it necessary to change the course of any highway or street, it shall be lawful for the company constructing said railroad so to change the course or direction of any road, highway or street; Provided , that no railroad constructed under the provisions of this Act shall be allowed to cross any other railroad at a grade level, but such crossing shall be either under or over such other railroad track, unless by consent of such railroad company whose track is to be crossed, and when there is such consent, then, and in that event, the provisions of this Act as to the stopping of trains before making such crossings, shall apply. Sixth, to cross, intersect, or join, or unite, its railroad with any railroad heretofore or hereafter to be constructed at any point in its route, or upon the ground of any other railroad company, with the necessary turnouts, sidelings and switches, and other conveniences necessary in the construction of such road, and may run over any part of any other railroad's right-of-way necessary or proper to reach its freight depot, or the general, or union, or the passenger depot, in any city, town or village, through or near to which its said railroad may run. Seventh, to take and convey persons or property over their railroad by the use of steam, or animals, or any mechanical power, and to receive compensation therefor, and to do all those things incident to railroad business. Eighth, to erect and maintain all convenient buildings, wharves, docks, stations, fixtures and machinery, whether within or without a city, town or village, for the accommodation and use of their passengers and freight business. Ninth, to regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor, subject to any law of this State upon the subject. Tenth, to borrow such sum or sums of money, at such rates of interest, and upon such terms as such company or its Board of Directors, shall authorize or agree upon, and may deem necessary or expedient, and may execute one or more trust deeds or mortgages, or both, if occasion may require, on any railroad or railroads in process of construction by such company for the amount or amounts borrowed, or owing by such company, as its Board of Directors shall deem expedient; and such company may make such provisions in such trust deed or mortgage for transferring their railroad track, depots, grounds, rights privileges, franchises, immunities, machine houses, rolling-stock, furniture, tools, implements, appendages and appurtenances, used in connection with such railroad or railroads, in any manner, then belonging to said company, or which shall thereafter belong to it as security for any bonds, debts, or sums of money as may be secured by such trust

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deeds or mortgage, as they shall think proper; and in case of sale of any railroad or railroads, or any part thereof, constructed or in course of construction by any railroad, or by virtue of any trust deed, or any foreclosure of any mortgage thereon, the party or parties acquiring titles under such sale and their associates, successors or assigns shall have or acquire thereby, and shall exercise and enjoy thereafter, the same rights, privileges, grants, franchises, immunities and advantages in or by said trust deed enumerated and conveyed, which belonged to, and were enjoyed by, the company making such deed or mortgage, or contracting such debt, so far as the same relate or appertain to that portion of said road or the line thereof, mentioned or described and conveyed by said mortgage or trust deed, and no farther, as fully and absolutely in all respects, as the corporators, office-holders, shareholders, and agents of such company, might or could have done therefor, had no such sale or purchase taken place, such purchaser or purchasers, their associates, successors or assigns, may proceed or organize anew by filing articles of association and electing directors as provided in this Act, and may distribute and dispose of stock, and may conduct their business generally as provided in this Act; and such purchaser or purchasers and their associates, shall thereupon be a corporation, with all the powers, privileges, and franchises conferred by, and be subject to, the provisions of this Act. And all such deeds of trust and mortgages shall be recorded as is provided by law for the record of mortgages in this State, in each county through which said road runs. Powers of corporations under this Act. Sec. X. Be it further enacted , That any railroad company now existing, or hereafter organized, under the laws of this State may under the provisions of this Act, extend its railroad from any point named in its charter or articles of association, or may build branch roads from any point or points on its line of road. Before making any such extension, or building any such branch road, such railroad company shall, by resolution of its Board of Directors, to be entered in the records of its proceedings, designate the route of such proposed extension or branch in the manner prescribed in section one of this Act, and file a certified copy of such record in the office of the Secretary of State, and cause the same to be recorded as provided in said section, and thereafter such railroad company shall have the right to make such extension or build such branch, as if it had been authorized in its charter or articles of association. Extension and branch roads. Sec. XI. Be it further enacted , That in case any railroad company formed under this Act shall not have acquired any real estate, required for the purposes of its corporation, it shall have the right to acquire the same in the manner and by the proceedings prescribed in this Act. Acquiring real estate. Sec. XII. Be it further enacted , That in the event of any company

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organized under the provisions of this Act does not procure from the owner or owners thereof, by contract, lease or purchase, the title to the lands, or right of way, or other property necessary or proper for the construction or connection of said railroad, and its branches or extensions, or its depots. wharves, docks, or other necessary terminal facilities, or necessary or proper for it to reach its freight depot, or the passenger depot in any city, town or village in the State, as provided in this Act, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over such rights-of way or tracks of other railroads as aforesaid, upon paying or tendering to the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot, or do not, agree upon the damage done, such other railroad company, for the use of its right-of-way or tracks as aforesaid, or to the owner or owners of the land, or other property which the corporation seeks to appropriate as a right-of-way, or for its purposes, the corporation created under this Act shall choose one of the citizens of this State as its assessor, and the person or persons, or railroad company, owning the land sought to be taken, or the right-of-way, or tracks to be used, shall choose another as his, her, its or their assessor, and in case the persons owning such land, or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used, should fail or refuse to make such choice, or select some one to represent his, her, its or their interests, or should be an insane person, lunatic, idiot, or minor, or under any disability from any cause whatsoever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property, or right of-way, or use of tracks so sought to be condemned, is situated, to make such selection for such owner or owners, or railroad company, so failing or refusing, or unable to make the same as aforesaid, provided the said corporation give notice to said Ordinary that such owner or owners, or railroad company, fails or refuses to act as aforesaid, or is an insane person, lunatic, idiot, or minor, or under disability from any cause whatsoever, and has no legal representative; and the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered, both as to the benefits and as to the damages done the owner or owners of such right-of-way, and right to use the same, and of such track sought to be used, or of such lands sought to be condemned, as the case may be they or a majority of them shall assess the

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damages and value the property so sought to be condemned, and shall say in writing what sum said corporation shall pay for the right-of-way, right to use tracks, or land so sought to be condemned by it, and they shall file their said award within ten days after it is made, in the office of the Clerk of the Superior Court of the county where said lands or right-of-way, or track sought to be condemned or used, is located, and the said Clerk shall record the same, and it shall have all the force and effect of a judgment or decree by the Superior Court of said county, and in case either party is dissatisfied with said award, the party so dissatisfied, and in case he or she, or they, be under disability, and have no legal representative, the Ordinary aforesaid, as the representative of such party, shall have the right, by giving written notice to the other party, within ten days from the time said award is filed, as aforesaid, in said Clerk's office, to enter an appeal in writing, from said award to the Superior Court of the county where said award is filed, and at the next term of said court, unless continued for legal cause, it shall be the duty of the Judge presiding in said cause, to cause an issue to be made up as to the damage or valuation of said land, right-of-way, or right to use such track, as the case may be, and the same to be tried, with all the rights for hearing and trying said cause in the Superior Court, and in the Supreme Court, as provided for cases at common law. The entering of said appeal, and the proceedings thereon, shall not hinder or in any way delay the said corporation's work or the progress thereof, but the same may proceed without let or hindrance, from the time said condemnation proceedings are begun, that if said corporation should enter said appeal, that it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Should no appeal be entered from said award within said time, and should said corporation fail to pay the same, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award, as in other cases of judgments of the Superior Court, and said execution may be levied upon any of the property of such corporation, as in cases of other executions, and if snch land-owner or land-owners be an insane person, lunatic, idiot, or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded or found due by said corporation for the land so taken shall be paid to the Ordinary, and he shall cause the same to be so invested for the use of such owner or owners, and to this end, he shall appoint such guardians, or other legal representatives, to take, hold, manage, and control such fund as is usual, necessary or proper, and said right-of-way, and right to use such track, shall vest in such corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owners thereof. Right-of-wayhow acquired and used. Right-of-wayhow acquired and used.

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Sec. XIII. Be it further enacted , That the directors of every railroad company organized under the provisions of this Act, and every railroad company already organized availing itself of the provisions of this Act, to build branch roads or extend its main line, may, by a vote of two-thirds of their whole number, at any time alter or change their route or part of their route for their railroad constructed or projected, if it shall appear to to them that the line can be thereby improved. And upon a like vote of two-thirds of all the directors of any company organized under the provisions of this Act, or of any company availing itself of its provisions, or of any other railroad company in this State already incorporated, and not desiring to avail itself of the privilege of this Act in relation to building of branches or extensions, such company may change its name. The company shall make and file in the Secretary of State's office a certificate of such alteration or change of route, or of such change of name, which certificate shall then be entered of record, and such change of name shall take place from the date of such record, and such change or alteration of route shall also take place from the date of record of such certificate, and a copy of such certificate, certified by the Secretary of State, shall be evidence of such change of name or alteration or change of route, as the case may be. And in the event of a change or alteration of route, such company shall have the same power and right to acquire title to land, or right-of-way, or other property required for the purposes of the company upon such altered or changed route. as if the road had been located there in the first instance, but no such alteration shall be made in the route in any city or town after the road shall have been constructed, unless the same shall be sanctioned by the mayor and council or other governing body of said city or town. And in case said route is changed after grading is commenced, compensation shall be made to all persons owning lands on the original route which have been injured by such grading or other work on said original road, if no agreement can be made in the method provided for condemning right-of-way provided in this Act. Altering or changing route. Change of name. Sec. XIV. Be it further enacted , That whenever track of any railroad constructed by a company under the provisions of this Act, or any law of this State, shall cross a railroad or highway, such highway or railroad may be crossed under or over, as may be deemed most expedient; and in cases where a cutting shall make a change in the line of any such highway, or is desirable with a view to more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway upon such new line as may be deemed requisite by the directors, unless the lands so taken for the purposes aforesaid shall be donated for the purpose, under the mode provided in this Act for condemning right-of-way and other property. Crossing other Railroads or highways.

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Sec. XV. Be it further enacted , That any railroad company in this State, shall have the power, and authority is hereby granted, to make and enter into contracts with any railroad company which has constructed, or shall hereafter construct, any railroad within this State or another State, as will enable said companies to run their roads in connection with each other, and to merge their stocks, or to consolidate with any such company within or without this State, or to lease or purchase the stock and property of any other such company, and hold, use and occupy the same in such manner as they may deem most beneficial to their interests. It shall be lawful for such companies to build, construct, and run as part of their corporate property such number of steamboats or vessels as they may deem necessary to facilitate the business operations of such company or companies; Provided , that no railroad shall purchase a competing line of railroad, or enter into any contract with a competing line of railroad calculated to defeat or lessen competition in this State. Connection or consolidation with other Railroads. Steamboats and other vessels. Sec. XVI. Be it further enacted , That every train of passenger cars drawn by one or more locomotives upon any railroad track, shall come to a full stop before arriving at or crossing the track of another railroad, and within four hundred feet thereof, and the train arriving at such crossing first, shall move on and cross first, and every such train shall also slow down to a speed of not more than four miles an hour before running on or crossing any drawbridge over a stream which is regularly navigated by vessels. Speed of locomotives. Sec. XVII. Be it further enacted , That the Secretary or other officer, or agent of any railroad corporation, who by the charter or by-laws of such corporation is made the custodian of the books, records, papers, or other property of such corporation, shall keep the same in his possession, at all times during business hours have the same ready to be exhibited to any officer, director or committee of stockholders of any railroad corporation appointed by a majority in amount of said stockholders, and to furnish them, or either of them, transcripts from the records of proceedings of the Board of Directors of such corporation under his official hand and seal, on the payment to him of the same fee as that required by law to the clerk of court for transcripts from the records of his office, and the said secretary shall, on resigning his office, or otherwise vacating the same, make over all such books, records, papers and all other property of the corporation which are in his possession to his successor in office, or where no successor has been appointed or elected, to the Board of Directors, if any, or to the person or persons appointed by the stockholders of such corporation; and such secretary, on being duly summoned to appear as a witness in any case on trial in any court of justice in this State, shall attend and produce such books and records of the corporation

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as may be demanded in such summons to be used on such trial. Right of stockholders to examine books of the company. Sec. XVIII. Be it further enacted , That any railroad company heretofore or hereafter incorporated, by or under the laws of this State, may exercise all its rights, franchises, and privileges in any other State or Territory of the United States, under and subject to the laws of the State or Territory where it may exercise or attempt to exercise the same, and may accept from any other State or Territory, and use, any other additional power and privilege applicable to the carrying of persons and property by railways, steamboats and ships in said State, Territory, or the high seas, or otherwise applicable to the operations of said company as herein provided. Exercise of rights in other States. Sec. XIX. Be it further enacted , That every railroad company organized under this Act shall have a principal office and residence within this State, which principal office shall be made known by publication, as provided in section 1 of this Act, for notice of formation of the company. Principal office. Sec. XX. Be it further enacted , That where a railroad or branch railroad is intended to be built under this Act between two points where a railroad is now constructed, the general direction and location of such new railroad shall be at least ten miles from the railroad already constructed, but this section shall not be construed to refer to any point within ten miles of either terminus, or to prevent said roads from running as near to each other, for said first ten miles from either terminus, as the interest of such company building the new route may dictate. Between points where there is already a railroad. Sec. XXI. Be it further enacted , That no corporation created under this Act shall continue, except by extension of time by legislative enactment, for a longer period than fifty years, and that all such corporations shall be subject to the provisions of article four of the constitution of the State of Georgia. Charter to extend fifty years. Sec. XXII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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GENERAL LAW FOR INCORPORATION OF STEAM NAVIGATION COMPANIES. No. 333. An Act for the incorporation of companies formed within this State to navigate the ocean, seas, and rivers by steam vessels, to define the powers and liabilities of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, any three (3), or more persons who may desire to form a company for the purpose of building for their own use, purchasing, equipping, fitting out, chartering, navigating, or owning ships or vessels to be propelled solely or partially by steam, to be used in all lawful commerce and navigation upon the ocean, seas, and rivers, and for the transportation of passengers, freights and mails, may make, sign, and acknowledge, under oath, before some officer competent to take the acknowledgment of deeds, and file in the office of the Clerk of the Superior Court of the county within this State in which the principal office for the management of the concerns of the company is to be located, and a duplicate thereof in the office of the Secretary of State, a certificate in writing in which shall be stated the corporate name of the said company, and the specific objects for which the company shall be formed, stating particularly the ports between which such vessels are intended to be navigated, one of which ports, at least, shall be within this State; the amount of the capital stock of said company, which shall not be less than ten thousand dollars ($10,000), nor more than five million dollars ($5,000,000); the term of its existence not to exceed fifty years; the number of shares of which the said stock shall consist, the number of directors, and their names, who shall manage the concerns of the company, and the name of the city or town and county within this State in which the principal office for managing the affairs of the company is to be situated. The certificates so filed shall be respectively recorded in the said Clerk's office of the Superior Court, and in the office of the Secretary of State, in a book to be kept for that purpose, for which record, and all other records under this Act, the ordinary fees for recording shall be paid. Three or more persons may form corporation. Certificatewhat to contain. Record of certificate. Sec. II. Be it further enacted by the authority aforesaid , That when the certificate shall have been filed as aforesaid, and a certified copy thereof shall have been furnished by the Secretary of the State to the said corporators, and ten per cent. (10) of the capital named shall have been paid in, the persons who shall have signed and acknowledged the same, and all others who may thereafter be holders of any share or shares of said capital stock, and

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their successors shall be a body politic and corporate, in fact and in name, by the name stated in such certificate, and shall have and possess all the general powers conferred upon corporations under the laws of this State, and be subject to all the provisions contained in said laws, and they shall, by their corporate name, be capable in law of purchasing, holding and conveying, any real or personal estate whatever, which may be necessary to enable the said corporation to carry on the operations named in such certificate. When incorporation becomes complete. Power of corporation. Sec. III. Be it further enacted by the authority aforesaid , That stock, property and concerns of such company shall be managed by no less than three (3) nor more than nine (9) directors, who shall respectively be stockholders in such company, and a majority of whom shall be residents of this State, and who shall, except the first year, be annually elected by the stockholders at such time and place and in such manner as shall be prescribed by the by-laws of the company; each stockholder shall be entitled to as many votes as he owns shares in said company, and said election shall be by ballot, and such votes may be cast in person or by proxy, duly given in writing. The directors named in the articles of association shall appoint inspectors of the first election from among the stockholders, who are not directors, and all acts of directors shall be valid and binding as against said company until their successors shall be elected. Directors. Election. Sec IV. Be it further enacted by the authority aforesaid , That the Board of Directors shall elect one of their number to be president. That the president and directors of said company shall have power to conduct and control all the business and affairs of said corporation, except as to matters expressly ordered otherwise by the stockholders, or a majority of them in meeting assembled; to make all contracts and to appoint all officers and agents necessary in their opinion for conducting the business, and to fix the salaries and compensation of same, and to confer on them or any of them any power or authority touching the business for which they may be employed; that the president and directors shall have power to call in and demand from the stockholders, respectively, all such sums of money by them subscribed, at such times and in such payments or installments as the directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for, and all previous payments made thereon, if payment shall not be made by the stockholder within sixty (60) days after demand, or notice requiring payment, shall have been published once a week for four weeks in the newspaper containing the Sheriff's advertisement, published in the place where the principal office of such company shall be situated, but the recovery by action of any installment shall preclude the corporation from forfeiting any stock by reason of the non-payment of

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any such installment. The directors shall also have power to make such reasonable by-laws, not inconsistent with the laws of this State or the laws of the United States, as they shall deem proper for the management and disposition of the property, affairs and concerns of said corporation, to declare such dividends from time to time as the earnings of the said company may warrant, and shall exercise all and singular other powers usually exercised by the directors of a corporation in controlling the affairs of the same; Provided, nevertheless , that the stockholders in convention shall have power to regulate and limit the discretionary power conferred on the Board of Directors, or repeal, alter or amend any by-laws or regulations which may be enacted or established by said Board of Directors. Officers of corporation. Power of officers. Payment of subscriptions. Forfeiture of stock. By-Laws. Dividends. Sec. V. Be it further enacted by the authority aforesaid , That the capital stock of such company shall be divided into shares of one hundred dollars ($100) each, for which certificates shall be issued which shall be transferable only on the books of the company as may be prescribed in the by-laws, but no share shall be transferable until all previous calls thereon shall have been fully paid in; and no transfer or assignment of stock shall operate to release any holder from obligation to the said corporation without the consent of the Board of Directors; and it shall not be lawful for any such company to use any of its funds in the purchase of any stock in any other corporation formed under the laws of this State, or to hold the same, unless the same shall have been bona fide pledged, hypothecated, or transferred to such company by way of security for, or in satisfaction, or part satisfaction of, a debt or debts previously contracted in the course of the business of such company, or unless the same shall be purchased by the company at sales upon judgments, orders or decrees, which shall be obtained for such debts or in the course of the prosecution thereof. Capital stock. Transfer of stock. Purchase of stock in other companies. Sec. VI. Be it further enacted by the authority aforesaid , That it shall be the duty of every such company to cause a book to be kept by the secretary or treasurer thereof containing the names of all persons who may be stockholders in such company and their residence, and the number of shares held by each, the names of the assigners and assignees of stock and the number of shares transferred, which book shall at all times during the hours of business be open to public inspection. A neglect to provide or keep such a book ready for examination as herein provided, shall subject the corporation whose duty it is to provide and keep the same, to a penalty of fifty dollars ($50) for every day's neglect; and a refusal of any officer of such corporation to exhibit such book to any person demanding the inspection thereof, as herein provided, shall subject such officer to a penalty of twenty-five dollars ($25). The said penalties may be sued for and recovered, with costs, by any person who will prosecute for the same, one

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moiety thereof to be paid to such person, and the other moiety to be paid into the Treasury of this State. In all proceedings under the provisions of this Act, the said book shall be presump tive evidence of the truth of the contents thereof, but such presumption may be repelled by evidence of any person interested in repelling the same. Books of the company. Right to inspect book. Sec. VII. Be it further enacted by the authority aforesaid , That any company incorporated under this Act shall have power to borrow money from time to time, and to issue therefor bonds or obligations upon such terms as may be agreed upon, to an extent altogether not exceeding one-half () the amount of the capital stock then actually paid in, and to mortgage or hypothecate any of the property of the company, to secure such bonds or obligations; Provided , however, that the authority to the Board of Directors to so borrow money, and to issue bonds and obligations, shall be conferred by the stockholders of such company, in meeting or convention assembled, and to this end the votes of a majority of all the stock of said corporation shall be sufficient to confer such power. Power to issue bonds, make mortgages, etc. Sec. VIII. Be it further enacted by the authority aforesaid , The President and a majority of the directors of any such corporation within thirty (30) days after the payment of the last installment of the capital stock of such corporation, shall make a certificate, stating the amount of the capital stock of the corporation, and that the same is paid in, which certificate shall be signed and sworn to by them, and they shall, within the said thirty (30) days, record the same in the office of the Clerk of the Superior Court of the county in which the principal office of such corporation is located, and also in the office of the Secretary of State. The capital stock named in the said certificate shall be paid in within the first year of the existence of the said corporation. When all capital stock is paid. Sec. IX. Be it further enacted by the authority aforesaid , That any company which may be formed under this Act may increase or diminish its capital stock by complying with the provisions of this Act, to any amount which may be deemed proper and sufficient for the purposes of the corporation; but before any corporation shall be entitled to diminish the amount of its capital stock, all debts and liabilities of the said corporation shall be satisfied and reduced, so as not to exceed an amount equivalent to two-thirds (2/3) of said capital as diminished, and if the said capital stock be increased or diminished as herein provided, which may be done by the Board of Directors, and the majority of the directors of any such corporation, so increasing or diminishing the capital stock of such company shall, within thirty (30) days after such increase or reduction, make a certificate, to be signed and sworn to by them, showing a compliance with the provisions of this section, the amount of capital actually paid in, the whole

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amounts of debts and liabilities of the company, the amount to which stock shall be increased or diminished, and they shall, within said thirty (30) days, file and record said certificate in the same manner as required by the first (1) section of this Act, and when so filed and recorded the capital stock of said company shall be increased or diminished to the amount specified in said certificate; Provided , that a certified copy from the Secretary of State of such certificate, shall further certify that the provisions of the section have been compiled with as appears upon its face. Increase or diminution of capital stock. Sec. X. Be it further enacted by the authority aforesaid , That any number of the stockholders of any corporation created under this Act, who own or represent at the time one third ([UNK]) of the capital stock actually paid in by giving twenty (20) days' notice in the newspaper in which the Sheriff's advertisements are published, in the county where the principal office of said corporation may be located, may call a meeting or convention of all the stockholders of such corporation at such time and place as may be in such 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 at such meeting. For the election of directors a plurality of the votes cast shall be sufficient; for all other purposes a majority of all the stock of the company shall be voted in favor of, to effectuate the said purposes. Nothing herein provided shall prevent the Board of Directors from calling a meeting or convention of stockholders whenever, and on such notice as said board may deem proper. Calls for meeting by stockholders. Acts of stockholders in Convention. Sec. XI. Be it further enacted by the authority aforesaid , That any company incorporated under the provisions of this Act, desiring or intending to navigate steam vessels between any other additional ports than those named in its original certificate, may from time to time file, and cause to be recorded in the office of the Clerk of the Superior Court of the county in which the principal office of said company may be located, and in the office of the Secretary of State, a further certificate in which shall be stated such additional ports between which such company desire to navigate such vessels; and thereafter such company may navigate its vessels between such ports with a like effect as if the said port had been named in the original certificate, and all the provisions of the Act in regard to the original certificate shall apply to such additional certificate. Extension or altering routes. Sec. XII. Be it further enacted by the said authority , That the copy of any certificate of incorporation, filed in pursuance of this Act, certified by the Secretary of State, under his official seal, to be a true copy of, and of the whole of, such certificate shall be evidence of such incorporation in all courts and places, and a like effect shall be given to a similarly certified copy of any additional or amended certificate, as hereinbefore provided. Certificate of incorporation, evidence.

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Sec. XIII. Be it further enacted by the said authority , That if any certificate, made in pursuance of the provisions of this Act, shall be false in any material representation, all the officers who shall have signed the same, shall be jointly and severally liable to any person for all damages arising out of such material misrepresentation or flowing from said false certificate. Falsity of certificate for incorporation. Sec. XIV. Be it further enacted by the authority aforesaid , That in case of failure of any corporation organized under the provisions of this Act, the stockholders shall be bound in their private capacity to any creditor of such corporation for the amount of stock subscribed for by them, respectively, until the said subscription is fully paid up, or until the stockholder shall have paid out of his private property debts of said corporation to an amount equal to his unpaid subscription. Liability of stockholders Sec. XV. Be it further enacted by the authority aforesaid , That any company incorporated under the provisions of this Act, at the expiration of the term for which it was incorporated, shall have privilege of a renewal of its charter upon the same terms upon which it was originally incorporated, and by conforming anew to all the provisions hereinbefore set forth. Privilege of renewal of charter. Sec. XVI. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. REGULATING THE PRACTICE OF MEDICINE. No. 342. An Act to regulate the practice of medicine in this State. Section 1. The General Assembly of Georgia do enact , That no person shall practice medicine within this State, unless he has been heretofore legally authorized so to do, or shall be hereafter authorized so to do, by a diploma from an incorporated medical college, medical school or university, and by compliance with subsequent sections of this Act. No person shall practice medicine unless authorized by diploma. Sec. II. Be it further enacted , That, for the purposes of this Act, the words practice medicine shall mean to suggest, recommend, prescribe or direct, for the use of any person, any drug, medicine, appliance, apparatus or other agency, whether material or not material for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any

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wound, fracture or other bodily injury, or any deformity, after having received or with the intent of receiving therefor, either directly or indirectly, any bonus , gift, or compensation. Definition of words Practice Medicine. Sec. III. Be it further enacted , That every person now lawfully engaged in the practice of medicine within this State, shall, on or before the first day of December eighteen hundred and eighty one, and every person hereafter duly qualified to practice medicine shall, before commencing to practice, register in the office of the Clerk of the Superior Court of the county wherein he resides and is practicing, or intends to commence the practice of medicine, in a book to be kept for the purpose by said Clerk, his name, residence, and place of birth, together with his authority for practicing medicine, as prescribed in this Act. The person so registering shall subscribe or verify, by oath or affirmation, before a person duly qualified to administer oaths under the laws of this State, an affidavit containing such facts, and whether such authority is by diploma or license, and the date of same, and by whom granted, which shall be exhibited to the county Clerk before the applicant shall be allowed to register, and which if wilfully false shall subject the affiant to conviction and punishment for false swearing. The County Clerk to receive a fee of fifty cents for each registration, to be paid by the person so registering. All persons practicing medicine must register in clerk's office of county of his residence Oath to be taken. Penalty for false oath. Fee of clerk. Sec. IV. Be it further enacted , That any registered physician in this State, who may change his residence from one county into another county in this State, shall register within the Clerk's office of the county to which he removes and wherein he intends to reside, and to practice medicine, as provided in section three (3) of this Act. Change of physician's residence. Sec. V. Be it further enacted , That any person who violates either of the four preceding sections of this Act, or who shall practice, or offer to practice medicine, without lawful authority, or under cover of a diploma or license illegally obtained, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than one hundred dollars, or more than five hundred dollars, or by imprisonment for not less than thirty or more than ninety days, or both. The fine when collected shall be paid, the one-half to the person, persons or corporation making the complaint, the other half into the county treasury. Violation of preceding sections, or practice of medicine without authority, a misdemeanor. Sec. VI. Be it further enacted , That nothing in this Act shall apply to commissioned medical officers of the United States army or navy, or to the United States Marine hospital service, or to legally qualified dentists in the practice of their profession, or to any woman practicing only midwifery. Does not apply to U. S. officers, or dentists. Sec. VII. Be it further enacted , That all provisions of laws providing for the organization, qualification and duties of any and all boards of physicians, of any school whatever, be, and the same are hereby, repealed. And there shall henceforth exist in

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this State no Board of Physicians, but the only requisite qualifications of practitioners of medicine shall be those hereinbefore set forth. No Board of Physicians hereafter authorized. Sec. VIII. Be it further enacted, etc. , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. VOLUNTARY ASSIGNMENTS BY INSOLVENT DEBTORS. No. 346. An Act for the better protection of creditors in cases of voluntary assignments by insolvent debtors. 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, in all cases of voluntary assignment by insolvent debtors for the benefit of creditors, it shall be the duty of the person, firm or corporation making such assignment to prepare and attach to the deed, or instrument by which the assignment is made, at the time of executing the same, a full and complete inventory and schedule of all the assets of every kind, held, claimed or owned, by such insolvent person, firm or corporation at the time of the execution of such deed, or other instrument of assignment, which inventory or schedule shall be sworn to by the person making the assignment, and in case of assignments by firms the oath may be made by any member of such firm, or in cases of assignments by corporations, by the chief officer of the corporation. Assignments must be accompanied by sworn statement of assets. How sworn to. Sec. II. Be it further enacted by the authority aforesaid , That the affidavit provided for in the preceding section may be made before the officer in whose presence the deed of assignment is executed, and the person or persons making such affidavit shall, upon indictment and conviction for filing a false, deceptive or incomplete schedule of assets, be liable to the pains and penalties prescribed by law for persons convicted of perjury, and no deed or other instrument of assignment by insolvent persons, firms or corporations, shall be valid unless accompanied by the sworn schedule required by the first section of this Act. Penalty for false affidavit. Assignment void without statement. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 28th, 1881.

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REGISTER OF BILLS FOR APPROPRIATIONS. No. 347. An Act to require the Chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes. Section I. The General Assembly of Georgia do enact , That, commencing with the year 1882, the Clerk of the House of Representatives shall provide, out of the contingent fund of the House, a well bound book, which he shall deliver to the Chairman of the House Finance Committee, as soon as such chairman shall be appointed, and said chairman shall enter, or cause to be entered in such book, in the order of their introduction, all bills seeking directly or indirectly to obtain appropriations from the State Treasury, with a brief statement of the contents of such bill, together with the number thereof, the name of the introducer, and any other facts developed before the committee, that will throw any light on the nature of the legislation proposed by the bill. After the expiration of the Legislature, said chairman shall deposit said book with the Secretary of State, who shall deliver the same to each successive chairman of said committee as soon as he shall have been appointed. Chairman of Finance Committee of House of Representatives shall keep a register of all bills for appropriations. Approved September 28th, 1881. SALE OF SEED COTTON IN NIGHT TIME PROHIBITED. No. 360. An Act to prevent the purchase, or sale, or receipt, or delivery of any seed cotton between the hours of sunset and sunrise. Section I. Be it enacted by the General Assembly of the State , That, from and after the passage of this Act, it shall not be lawful for any person to buy or sell any seed cotton after sunset and before sunrise, nor to receive or deliver any such cotton after sunset and before sunrise, which has been sold or to be sold in pursuance of said delivery. Sale or delivery of seed cotton between sun set and sunrise prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person convicted of the offense of buying or selling any seed cotton after sunset and before sunrise, or receiving or delivering any such cotton after sunset and before sunrise, which has been sold or is to be sold in pursuance of said delivery, shall be punished as prescribed in section 4310 of the Code. Punishment therefor.

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Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. MUNICIPAL COURTS MAY FORFEIT BONDS AND COMMIT. No. 364. An Act to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, and to authorize the officer presiding in any municipal court to bind over or commit to jail for violations of State laws, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That any municipal corporation in this State shall have full power and authority to provide by ordinance for the forfeiture of bonds given by offenders for their appearance before municipal courts, and to fully provide for the collection of the same from the principal and sureties to such bonds, by judgment, execution and sale. Municipal corporations may provide for forfeiture and collection of appearance bonds. Sec. II. Any Mayor, Recorder, or other proper officer presiding in any municipal court in this State, shall have authority to bind over, or commit to jail, offenders against any criminal law of this State, whenever in the course of an investigation before such officer, a proper case therefor shall be made out by the evidence. Municipal courts may commit offenders against criminal law of State. Sec. III. All laws and parts of laws in conflict with the above are hereby repealed. Approved September 28th, 1881.

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FENCE LAW APPLIED TO PARTS OF COUNTY DIVIDED BY WATER-COURSE. No. 366. An Act to amend an Act, entitled An Act, relating to fences and stock, and for the protection of the crops, so as to make the same apply to either part or portion of any county that is divided by any water-course that is, or shall be deemed and considered, fences, and for other purposes. 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 relating to fences and stock, and for the protection of crops, approved August 26th, 1872, be, and same is hereby, so amended as to make the provisions of said Act become operative in any part of any county in this State that is divided by any water course that is, or shall be deemed and considered fences, upon the following terms and conditions: Whenever so many as fifty freeholders residing on that side of such water-course, in any county of this State, that is divided by any water-course, that is or shall be deemed and considered fences, shall petition the Ordinary for the benefit of said Act in that portion of the county, said Ordinary shall at once make known throughout said portion of said county by advertisement in the public gazette, if there be one published in said county, and by posting notices at all election precincts and public places therein, that such petition has been filed in his office, such notice to be published at least twenty days, and all subsequent procedings shall be the same as now provided in section 7 of said Act, and amendatory thereof, when whole counties apply for the provisions of said Act. When counties are divided by watercourse deemed a fence, privileges of fence law may be obtained for either division. Sec. Be it further enacted by the authority aforesaid , That the result of such election shall have no force or effect in that part of the county lying on the opposite side of such water-course. Result of election only to affect part for which it was ordered. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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CUTTING BAGGING FROM COTTON PROHIBITED. No. 370. An Act to make it unlawful for any person or persons owning or controlling any cotton compresses to cut from any bale of cotton any bagging enclosing the same, and to provide a penalty therefor. 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 owning or controlling any cotton compress in this State shall cut or take, without the owner's consent, any bagging from the head or sides of any bale of cotton which they may have in charge for the purpose of compressing, the same shall be guilty of a misdemeanor, and shall be punished as is prescribed in section 4310 of the Revised Code of Georgia for 1873. Cutting bagging from cotton by person owning or controlling compress, a misdemeanor. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. ELECTIONS BY GENERAL ASSEMBLY. No. 371. An Act to regulate and fix the time of holding elections by the General Assembly. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Senate and House of Representatives shall meet in joint session in the hall of the House of Representatives on the first Monday of every session, at ten o'clock A. M., for the purpose of electing such officers of said State as are now or may hereafter be required to be elected by the General Assembly. Said joint session shall continue in morning and afternoon sessions from day to day until all of said officers are elected. Time fixed for holding elections by General Assembly. Sec. II. Be it further enacted by the authority aforesaid , That the first business in order for said joint session shall be the election of Judges of the Supreme Court, and after that Judges and Solicitors of the various circuits. Before the election of Judges

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and Solicitors shall be commenced the Speaker of the House of Representatives shall prepare slips of paper of the same size, on which he shall write the name of the various circuits for which elections are to be held, and place the same in a box and hand the same to the President of the Senate, who shall, without inspecting the said slips of paper, draw them out one at a time, and when each slip is drawn said President of the Senate shall announce to the joint session the name of the circuit drawn, and the elections for Judges and Solicitors of said circuit shall be in order, if either or both of said offices are vacant. The President of the Senate shall continue to draw out the names of circuits from said box until all of said Judges and Solicitors are elected; Provided , that nothing contained in this Act shall interfere with the provisions of the Act of Congress in relation to the election of United States Senator. Order of elections. Method of elections. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 28th, 1881. CONFERRING ADDITIONAL POWERS ON INCORPORATED TOWNS. No. 387. An Act to confer additional powers on incorporated towns and villages of this State, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, as additions to powers existing under present laws, the right and power to organize work-gangs or other means of confinement, and to confine at labor therein, for a term of not exceeding thirty days, persons convicted of violating the ordinances of such towns and villages, are hereby conferred on the incorporated towns and villages of this State, or their respective authorities; Provided , that said penalty shall be inflicted only as an alternative of failure or refusal to pay fines imposed for such violations. Power given to organize work-gangs. And confine at labor violators of ordinances. Sec. II. Be it further enacted , That all laws and parts of laws, except local laws, in conflict with this Act are hereby repealed. Approved September 29th, 1881.

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TOLL COTTON EXEMPTED FROM SEIZURE AND SALE. No. 393. An Act to exempt toll cotton from seizure and sale under any process against the person owning or having such cotton ginned, existing prior to or at the time it was ginned. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, the toll cotton received by persons in this State as compensation for ginning the cotton of another, shall not be subject to seizure or sale under any judgment, mortgage, lien, decree or other process against the person owning or having such cotton ginned, existing prior to or at the time it was ginned; Provided , the toll so exempted shall not exceed one-fifteenth of the amount ginned. Toll cotton exempted from seizure and sale under judicial process. Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. OBSTRUCTING PASSAGE OF TIMBER. No. 395. An Act to make it a misdemeanor for any person or persons to obstruct the free and usual passage of timber upon the certain water-courses in this State, to provide a punishment therefor, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That any person, of persons, who by placing a boom in or across any river, creek, or other water-course which is navigable, or which may have been generally used for the purpose of rafting or drifting timber to market in this State, or by any other contrivance whatever, shall prevent the free and usual passage of timber upon such river, creek, or other water-course, and who for two days after being requested to do so by any person, or persons, their agents or employes, whose timber is detained by such boom, or other contrivance, shall fail to clear sufficient channel in such river, creek, or other water-course to allow the passage of the timber so detained, shall be held, and deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1873. Provided , nothing in this

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Act shall affect the rights of the owner or owners of any stream not navigable, as provided in section 2231 of the Code of 1873. Persons obstructing passage of timber on water-courses generally used for rafting, or navigable, guilty of misdemeanor. Upon failure to clear channel after demand. Penalty. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. REPEALING ACT FOR ENCOURAGEMENT OF IMMIGRATION. No. 396. An Act to repeal an Act entitled An Act to encourage immigration to Georgia, and for other purposes, approved October 17th, 1879. Section I. The General Assembly of Georgia do enact , That the above recited Act, which provides for the appointment of a State Land and Immigration Agent, defining his powers and duties, and encouraging immigration generally, be and the same is hereby, repealed. Act of Oct. 17th, 1879, for encouraging Immigration, repealed. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same is hereby, repealed. Approved September 26th, 1881. COSTS OF SHERIFF OF SUPREME COURT IN PAUPER CASES. No. 397. An Act to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases. Whereas, by section 3690 of the Code of Georgia, the Sheriff of the Supreme Court is entitled to a fee of $1.25 for each case entered and carried to judgment in said court, and, whereas , by article 6, section 21, par. 1, of the constitution of this State no costs are collectable in said court in pauper cases, and, whereas , from the great number of pauper cases in said court, the compensation of the Sheriff thereof has become inadequate, therefore: Preamble. Section. I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the Sheriff of the

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Supreme Court of this State shall be paid from the State treasury $1.25 for each pauper case in said court upon the certificate of the Clerk of said court, approved by the Judges thereof, showing the number of such cases on the dockets of each term thereof. Sheriff of Supreme Court to be paid costs from State Treasury. Sec. II. And be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. EXPENSES OF COMMISSION OF LUNACY, HOW PAID, Etc. No. 398. An Act to require each county in this State to defray all expenses of trying every commission of lunacy, and of transferring, carrying or conducting, lunatics and other insane persons, who may be, by due course of law, declared insane, to the Lunatic Asylum, and to provide for the payment of same, and for other purposes. Section I. The General Assembly do enact , That, from and after the passage of this Act, it shall be the duty of each Ordinary of this State, to draw his warrant upon the Treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of trying every commission of lunacy, and of carrying or conveying such insane person from such county to the State Lunatic Asylum, when such insane person shall be lawfully committed to such asylum; Provided , that no money shall be drawn from the county treasury for the purpose herein set forth where the estate of such insane person is sufficient defray such expenses. Expenses of commissions of lunacy and for carrying insane to asylum to be paid by county. Except where estate of insane can pay. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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MANNER OF LETTING CONTRACTS FOR COUNTY BUILDINGS, BRIDGES, ETC. No. 405. An Act to amend an Act entitled, An Act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works, in the several counties of this State, and for other purposes, approved September 29th, 1879, by authorizing and empowering the Ordinary, Commissioners of Roads and Revenues, or other officer having charge of the roads, revenues, and public buildings and works of a county, to build or repair the public buildings, bridges, causeways, or other public property of the county, by contract or sealed proposals under certain circumstances, and for other purposes. Section I. The General Assembly of Georgia do enact , That section one of the above recited Act which regulates the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State be, and the same is hereby, amended by adding at the end of said section the following proviso, to-wit: Provided , that such county authorities shall have authority to reject any and all bids at such public letting, and if, in their discretion, the public interest and economy require it, such county authorities may build or repair any public buildings, bridges, causeways, or other public property in the county by contract or sealed proposals, to be invited under the same provisions as to specifications and like information, as is provided in this Act, so that said section one, as amended, shall read as follows, to-wit: That, from and after the passage of this Act, whenever it becomes necessary to build or repair any court-house, jail, bridge, causeway, or other public works in any county in this State, the Ordinary, Commissioners of Roads and Revenues, or other officer having charge of the roads, revenues and public buildings of such county, shall cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry, before the court-house door, (or at the place where the Sheriff of the county holds his regular sale) after having advertised the letting out of said contracts as hereinafter provided; Provided , that such county authorities shall have authority to reject any and all bids at such public letting, and if, in their discretion, the public interest and economy require it, such county authorities may build or repair any public buildings, bridges, causeways, or other public property in the county, by contract or sealed proposals, to be invited under

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the same provisions as to specifications and like information, as is provided in this Act. County authorities may reject any and all bids made for public buildings, bridges, etc. And may build by contract or scaled proposals. Sec. II. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Repealing Clause. Approved September 29th, 1881. ESTABLISHING BOARD OF PHARMACEUTIC EXAMINERS. No. 408. An Act to establish a Board of Pharmaceutic Examiners, and to prescribe the powers and duties of said Board, and to regulate the compounding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for the infringement of the provisions of this Act. Whereas, in all civilized countries it has been found necessary to restrict the traffic in medicines and poisons, and to provide by law for the regulation of the delicate and responsible business of compounding and dispensing the powerful agents used in medicine; and, whereas , the safety and welfare of the public are endangered by the sale of poisons by unqualified or ignorant persons; and, whereas , the power of physicians to overcome disease depends greatly upon their ability to obtain good and unadulterated drugs and skillfully prepared medicines, and the sophistication and adulteration of drugs and medicines is a species of fraud which should be prevented and suitably punished, therefore: Preamble. Section I. The General Assembly of the State of Georgia do enact , That within sixty days after the passage of this Act, the Governor of the State shall appoint five experienced druggists or practical pharmacists who shall have been actually engaged in the drug business within this State for the last three years, immediately preceding their appointment, and these five druggists or practical pharmacists so appointed shall constitute the Board of Pharmaceutic Examiners, and who shall hold their office for the term of three years, or until their successors shall have been legally appointed and qualified, that three members of said board, at any regular, called or adjourned meeting, shall constitute a quorum for the transaction of business, that any vacancy which may occur in said board by reason of death, resignation or otherwise, shall be filled by the Governor for the unexpired term. Governor shall appoint Board. Term of office. Quorum. Vacancies. Sec. II. Be it further enacted , That immediately, and before entering upon the duties of said office, the members of said board

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shall take the oath prescribed by the constitution of the State for State officers, and shall file the same in the office of the Secretary of State, who, upon receiving the said oaths of office, shall issue to each of said examiners a certificate of appointment. Oath. Certificate of appointment. Sec. III. Be it further enacted , That immediately after the appointment and qualifications of said examiners, they shall meet and organize as a Board of Pharmaceutic Examiners, elect a a chairman, and adopt such rules, regulations and by-laws as they shall deem necessary to carry into execution the provisions of this Act. Organization. Sec. IV. Be it further enacted , That said board shall meet at least once every twelve months, at such place as a majority of the board may determine, and that the board may also hold special meetings as frequently and at such places as the proper discharge of its duties shall require; the same to be convened by order of the chairman, and the rules or by-laws shall provide for the giving of proper notice of the time and place of all such meetings to the members of the board and to the public. Meetings. Sec. V. Be it further enacted , That it shall be the duty of said board to grant license: first, to pharmacists, who, after three years experience in a drug-store, kept by a licensed apothecary or pharmacist, have graduated in a college of pharmacy, acknowledged by the American Pharmaceutic Association, and who shall exhibit to the same board a diploma of the same. Second, to pharmacists who have obtained a diploma from an authorized foreign college or institution, or examining board, and who shall exhibit the same to the Board of Pharmaceutic Examiners. Third, to physicians who are graduates of a regular medicinal college, and who shall exhibit their diplomas to said board; also, to drug-gists who shall produce to said board satisfactory evidence of having been engaged in the drug business for a period of ten years next preceding the time of application, also to druggists who have attended a college of pharmacy, acknowledged by the American Pharmaceutic Association for at least one term or session, and who have been engaged in the drug business for at least nine (9) years previous to the time of applying for said license. Fourth, to druggists who, after three years experience in a drug-store kept by a licensed apothecary or pharmacist, shall have passed a satisfactory examination before said Board of Pharmaceutic Examiners. All license granted shall be signed by a majority of the whole board, and shall specify the ground upon which such license is granted, and shall be in such form as the board shall prescribe. Duties of BoardLicenses. Examinations. Sec. VI. Be it further enacted , That all persons applying for examination and license shall pay to the Board of Pharmaceutic Examiners the sum of fifteen dollars, and, if passing the examination, shall be furnished with the license as hereinbefore provided,

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for which no further fee shall be required or paid. Should the applicant fail to stand a satisfactory examination, no fee shall be required for a subsequent examination, such subsequent examination not to be granted within six months after the first. And it shall be the duty of the board to keep a record of its transactions in a book to be kept for that purpose, by one of its members, said book to be turned over to their successors in office. Fees. Records. Sec. VII. Be it further enacted , That all persons now lawfully engaged in the compounding and vending of medicines, drugs and poisons in this State, shall, on or before December 1st, 1881, and every person who shall be hereafter duly licensed under the provisions of this Act, shall before engaging in any business under said license, register in the office of the Ordinary of the county wherein he resides, or intends to conduct said business, in a book to be kept for that purpose by said Ordinary, his name, nationality and credentials and date thereof, under which he is entitled to engage in such vocation. For each registration the Ordinary shall receive fifty cents, to be paid by the party so registering, and a certificate of such registration, stating the terms of the same, shall be given him by said Ordinary. Registration of druggists and apothecaries. Sec. VIII. Be it further enacted , That no person shall engage in the compounding or vending of medicines, drugs, or poisons within this State without a full compliance with this Act, except first, such druggists as are exempted from the operations of the present law by the statutes of the State of Georgia, and such druggists as have heretofore obtained license, and are legally authorized by existing laws to compound and vend drugs, poisons, and chemicals. Second, physicians putting up their own prescriptions, and dispensing medicines from their own office. Third, merchants selling family medicines not poison, as prescribed and allowed by section 1409 of the Code of 1873 of Georgia. Fourth, assistants in drug-stores where the manager has complied with the requirements of this Act. Exemptions from this Act. Sec. IX. Be it further enacted , That any person who shall violate the provisions of either of the two preceding sections of this Act, or shall register fraudulently, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not to exceed one hundred dollars, imprisonment not to exceed three months, either or both, at the discretion of the Court. In all cases of prosecution under this Act, the burden shall be upon the defendant to show his authority. Violations of this Act. Penalty. Sec. X. Be it further enacted , That all the fees for examination and licenses, and one half of the fines collected from convictions under this Act, shall be paid to the Board of Pharmaceutic Examiners, to defray the expenses of the same, and as compensation for their services. Fees, etc., to be paid to Board.

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Sec. XI. Be it further enacted , That this Act shall take effect from and after the date of its passage. Act to take effect immediately. Sec. XII. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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Part II.Corporations. Title I.BANK AND INSURANCE COMPANIES. Title II.RAILROAD AND CANAL COMPANIES. Title III.STEAMBOAT COMPANIES. Title IV.TELEGRAPH TELEPHONE COMPANIES.

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TITLE I. BANKS AND INSURANCE COMPANIES. ACTS. Citizen's Bank of Augusta incorporated. Planter's Banking, Warehouse and Commission Company of Camilla incorporated. Savannah Storage Company incorporated. Savannah Fire and Marine Insurance Company incorporated. City Bank of Augusta incorporated. Charter of Augusta Savings Institution amended. Athens Mutual Insurance Company incorporated. Charter of National Mercantile Debt Assurance Company amended. Dahlonega Savings Bank incorporated. Charter of Citizen's Bank of Augusta amended. Citizen's Savings Bank of Savannah incorporated. Atlanta Home Insurance Company incorporated. Commercial Bank of Savannah incorporated. CITIZENS' BANK OF AUGUSTA INCORPORATED. No. 41. An Act to incorporate the Citizens' Bank of Augusta. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same , That William H. Howard, Vernon Richards, William A. Latimer, John Doscher, John W. Wallace, Andrew J. Smith, Bernard Franklin and John A. Bell, Zachriah McCord, Patrick Armstrong, their associates and successors be, and they are hereby, incorporated and made a body politic under the name and style of the Citizens' Bank of Augusta, with power by this name to purchase, receive, possess,

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enjoy, and retain and sell property of all kinds, to sue and be sued, to have and use a common seal, which they may break, alter and renew at pleasure, to elect its own officers, and to make such by-laws, rules and regulations as they may deem proper to carry into effect the object of this association, not contrary to the constitution and laws of this State. Name and style. Rights and liabilities. Sec. II. Be it further enacted , That the aforesaid corporators, or any three or more of them be, and they are hereby, constituted a Board of Commissioners, whose duty it shall be to open books of subscription for shares in said bank at such times and place and in such manner as the commissioners may beem best, which said books shall remain open until the whole amount of capital be subscribed. Commissioners to open books of subscription. Sec. III. Be it further enacted , That the capital of said bank shall be two hundred thousand dollars, which may be increased to five hundred thousand dollars should the interest of the bank at any time require it, to be determined by the stockholders, and capital to be divided into shares of one hundred dollars each, but said bank may proceed to organize and commence business when two hundred thousand dollars shall have been subscribed and ten per cent. thereof paid in. Capital stock. Value of shares Sec. IV. Be it further enacted , That said bank shall have power to receive money on deposit; to loan and borrow money; to purchase and sell bills of exchange; to discount notes and securities, and to do a general banking and exchange business, as well as 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 such pledges, collaterals, mortgages, deeds of conveyance, and other such securities as may be proper to secure any debt or liability, and also to receive and execute such receipts, contracts, or other instruments of writing as may be necessary. Powers of bank. Sec. V. Be it further enacted , That it shall be the duty of the aforesaid commissioners, by giving ten days' notice in any one, or more, of the city papers, naming the time and place of meeting, when said ten per cent. is paid in, to convene the subscribers and stockholders, who may at said meeting, or at such other time as may be agreed upon, proceed to elect a Board of Directors. Election of Directors. Sec. VI. Be it further enacted , That said corporation shall be managed by not less than nine directors, a majority of whom shall constitute a quorum for the transaction of business. Each of said directors shall be a stockholder to the amount of ten shares, who shall be elected at such time and place as the corporators and their successors may designate, and shall hold the office for one year, or until their successors are elected and qualified. The directors, of their number, shall elect a president, who shall serve for twelve months, or until his successor is qualified, and the said President and Board of Directors may elect a cashier and teller,

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and such other officers under them as they may deem necessary and expedient for carrying into effect the purpose and objects of said corporation, and shall fix and make compensation to them. Any vacancy in the Board of Directors can only be filled by the stockholders at a regular meeting. Directors. Quorum. Term. Officers. Sec. VII. Be it further enacted , That in the election of directors each stockholder shall be allowed one vote for each share held in his own right, or as executor, administrator, guardian, trustee, or other person legally representing shares in said bank, and that absent stockholders may vote by proxy. Right of stockholders to vote. Sec. VIII. Be it further enacted , That the president and directors shall have power to appoint and remove at pleasure all officers or agents of said bank; to prescribe the duties of said officers and agents; to take from them bonds for the faithful performance thereof; to fill any vacancy occasioned by resignation, death, or otherwise; to keep fair and regular minutes of their proceedings; to make and declare dividends, and designate the time and place, and define the manner of paying the same; to call for the payment of unpaid stock at such intervals and in such sums as they may deem proper, and that said stock shall be considered and held as personal property. Powers of President, and Directors. Stock held as personal property. Sec. IX. Be it further enacted , That said president and directors shall have power and authority, upon neglect or refusal of any stockholder to pay the installments, as and when called for, as aforesaid, after giving ten days' notice in one, or more, of the city papers having a general circulation, to sell such stock at public outcry to the highest bidder: and said delinquent stockholder shall still remain liable for any balance which may be due or become due by him to said corporation, and suit may be instituted against him to recover the same in any court having jurisdiction thereof. Failure to pay installments of stock. Sec. X. Be it further enacted , That the directors shall have power to issue to subscribers, certificates of stock, and no stock shall be transferred except on the books of said bank, either in person, or by attorney duly authorized, and that no stockholder shall transfer his stock while indebted to said bank either as principal, endorser, acceptor, guarantor, security or otherwise, until such indebtedness is discharged. Certificates and transfer of stock. Sec. XI. Be it further enacted , That said bank shall have the power, and is hereby authorized, to issue bills, or notes of credit, known as bank bills, payable to bearer on demand, signed by the president and countersigned by the cashier, to such an amount as not at any time to exceed three times the amount of the capital actually paid in, to be redeemable in lawful currency of the United States. Power to issue bank bills. Sec. XII. Be it further enacted , That all the property of said bank shall be held and bound for the payment of its indebtedness,

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and the shareholders thereof shall be individually liable for the redemption of all bills issued, and for the payment of all obligations incurred by said bank, in proportion to the number of shares held and possessed by each of them, respectively. Liability of Bank and stockholders for debts. Sec. XIII. Be it further enacted . That any number of stockholders, not less than twenty, who together shall own five hundred shares or upwards of said capital stock, shall have the power at any time to call a meeting of stockholders for purposesr elative to the bank, by giving at least thirty days' notice in one or more of the city papers of Augusta, having a general circulation; specifying in such notice the object of said meeting. Power of stockholders to call meetings. Sec. XIV. Be it further enacted , That this Act shall take effect immediately after its passage, and shall continue for thirty years, and that all laws, and parts of laws in conflict with the provisions of this charter, be and the same are hereby, repealed. To take effect immediately. Approved December 7th, 1880. PLANTERS' BANKING, WAREHOUSE AND COMMISSION COMPANY OF CAMILLA INCORPORATED. No. 96. An Act to incorporate The Planters' Banking, Warehouse and Commission Company, of Camilla, Mitchell county, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas R. Bennett, J. M. Keaton, W. Watson Twitty, John C. Frasier, William Spence, J. L. Hand, John H. Stephens, Geo. C. Cochran, James T. Cochran, Isaac A. Bush and Thomas R. Lyon, be, and they are hereby, appointed commissioners to open the books of subscription to the capital stock of said company, by this Act to be incorporated and located in the city of Camilla, Mitchell county, Georgia, to be called The Planters' Banking, Warehouse and Commission Company of Camilla, Georgia. Name and style. Sec. II. The capital stock of said company shall be thirty thousand dollars, with the privilege of increasing the same to one hundred and fifty thousand dollars, divided into shares of twentyfive dollars each. Capital stock. How divided. Sec. III. Said commissioners, or any two of them, are authorized, immediately after the passage of this Act, to open said books and receive subscriptions to the capital stock of said company, and that when the said sum of thirty thousand dollars shall have

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been subscribed, the said commissioners, who are acting, shall call the subscribers together at a time and place to be designated, in Camilla, by publishing a notice thereof for fifteen days in the gazette in which the legal advertisements of Mitchell county appear. On the assembling of said subscribers the said acting commissioners shall proceed to hold an election for five directors by ballot. They shall superintend the same, count the ballots, and certify the result. In said election, as well as in all others in the future, the said subscribers, their attorneys in fact or legal representatives, shall have one vote for each share subscribed or held by him or her. When said directors are elected, as aforesaid, the functions of said commissioners shall cease, and the said The Planters' Banking, Warehouse and Commission Company, shall be fully incorporated. Power to open books and receive subscriptions. Election of Directors. Right of stockholders to vote. Sec. IV. The officers of said company shall be five directors, a president and vice-president, to be elected by the directors from among their number, a cashier, and such other necessary officers, to be elected by said Board of Directors. The number of directors may be increased to nine by the stockholders at any subsequent annual session. No one shall be a director who does not bona fide own, or has bona fide subscribed for, twenty shares; the duties, responsibilities and liabilities of the cashier shall be fixed, as well as his bond, by the directors in their by-laws. The directors elected as provided for by the commissioners, and the officers elected by these directors, shall hold until the next February session of the stockholders, unless said session should be held the same year of their election, in which event they may hold until the second February session. Officers. Number of Directors. Qualifications. Sec. V. Upon the election of said Board of Directors, said commissioners shall turn over and deliver to the said board the subscription book, and such funds and other property as they may have received by virtue of their office, such subscription shall upon such election be binding upon the subscribers, respectively, their heirs and legal representatives, and be payable at such times and in such installments as the Board of Directors shall prescribe; Provided , that the first call shall not be for more than fifty per cent., and the second shall not be under sixty days therefrom; said directors shall have the power to enforce the payment of said stock by forfeiting the unpaid stock, or by an immediate (if need be) sale thereof after sixty days from the maturity of such call, or sue upon such subscription in any court of the county of his residence, having jurisdiction, after the expiration of said time. Payment of subscriptions. Failure to pay stock. Sec. VI. The powers of said company shall be: 1. To have continued succession under its said corporate name. 2. To have and possess a common seal, and to alter, or renew the same, at pleasure. 3. To contract, be contracted with, to sue, be sued,

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plead and be impleaded under its corporate name. 4. To acquire, receive, purchase, hold, own, use, have mortgaged to, sell, dispose of, rent, or mortgage any and all kinds of property, real or personal, just as any natural person might or could. 5. To receive deposits and give certificates therefor, and pay such legal interest as may be prudent and agreed upon. 6. To deal in foreign and domestic exchange. 7. To buy, sell, discount or collect notes, bills of exchange, bonds, mortgages, contracts, choses in action, stocks, claims and rent. 8. To loan and borrow money, and to give or take the necessary security therefor. 9. To invest its funds to the best advantage. 10. To own, possess, and run a warehouse for storage, weighing, and sale of cotton, wool, or other property, and make reasonable charges therefor. 11. To sell for cash, or on credit, to make advances of goods, cash or credit to farmers, or any other person or corporation, and securing itself by mortgages, or deeds on crops, realty or personalty. 12. To transact a general banking business. 13. To transact a general warehouse business. 14. To transact a general commission and cotton factorage business. 15. To make, amend and alter such by-laws as may be necessary and consistent with the laws and constitution of this State. These powers are conferred upon the Board of Directors, and by them may be conferred upon any officer or agent, subject to their control. And in the discharge of such powers, the said board shall be subject to the supervision of the stockholders in convention assembled. Powers of the company. Sec. VII. The tenure of each of the directors and officers shall be twelve months, or until their respective successors are elected and qualified. The regular meeting of the stockholders shall be on the third Wednesday in February, at which time the officers shall be elected, the directors by the stockholders, and the other officers by the Board of Directors elected. At such election the president and the cashier shall each make full reports of their actings and doings, and the correct condition of the company, and a sworn statement shall be forwarded to the Governor of Georgia, as the law provides. One fourth of the stockholders in interest, may at any time, by giving due notice in the legal gazette, for fifteen days, call a meeting of the stockholders, but no act of these will be legal unless a majority of the stock is therein represented. Vacancies of all kinds may be filled by the board, or remaining board. The Board of Directors may, at any time, by giving the requisite notice, call the stockholders together. Term of office. Meetings of stockholders. Reports of officers. Vacancies. Sec. VIII. Dividends may be declared of the net earnings of the company at the annual meeting. Dividends. Sec. IX. Transfers of stock are always subject to the consent of the directors, and must be entered upon the records of the company. All stock is subject to the indebtedness of the company

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by the holder thereof, and no transfer can defeat this without the express consent of the directors. Transfers of stock. Sec. X. The liability of the company to its creditors shall be to the full extent of all 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 held, owned or subscribed for, by him at the time the debt was created. Liability of company and stockholders. Sec. XI. This Act, and all the privileges and powers herein granted, shall continue in force for the term of thirty years from and after the organization of the company which may be organized under this Act. Term of incorporation. Approved August 20th, 1881. SAVANNAH STORAGE COMPANY INCORPORATED. No. 97. An Act to incorporate The Savannah Storage Company, to authorize said company to receive deposits of money, valuables, or any kind of personalty whatsoever; to levy money; to do a general banking business, and for other purposes. Whereas, Louis Pless, John Flannery, L. J. Guilmartin, Francis M. Farley, and Richard W. Woodbridge, have filed a petition to the Superior Court of Chatham county, praying that they and their associates, may be incorporated under the corporate name and style of The Savannah Storage Company, declaring the object of their association, and the particular business they propose to carry on to be, to construct or lease, and maintain in Chatham county, Georgia, warehouses, grain elevators and other storehouses for the storage and keeping of cotton, grain, general merchandise, and all other articles or personalty, for hire; to carry on a general warehouse, storage and forwarding business; to receive, care for, and forward or deliver, all articles stored; to advance upon the same, while so stored, sums of money, and, generally, to do all other things necessary and proper for the furtherance of said business; and, whereas , it is deemed expedient, in order to perfect the powers to be granted to said corporation, by said court, and to add to the same, so as to extend the usefulness of said corporation, by granting to the same banking and other privileges, that said persons and their said associates be incorporated under the said corporate name, by the General Assembly of Georgia, in addition to said incorporation by the said court; therefore: Preamble.

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Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That said Louis Pless, John Flannery, L. J. Guilmartin, Francis M. Farley and Richard W. Woodbridge, 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 Savannah Storage Company, and by that shall have perpetual succession, and shall have the right to sue and be sued; to have a common seal; to make by-laws binding on their own members, not inconsistent with the laws of this State, and of the United States; to receive, purchase, hold, own, and use property of all description, both real and personal, and to alien, convey, lease, mortgage or otherwise dispose of the same, in any manner that a natural person might lawfully dispose of similar property; and to do all acts and things necessary and proper for carrying into effect the objects and purposes of this Act; and generally to exercise all the powers incident to corporations necessary and proper for the transaction of the business for which it is incorporated. The said corporation is to be located in the county of Chatham, in this State, with its principal office in the city of Savannah. Name and style. Rights and Liabilities. Location. Sec. II. That the capital stock of this corporation shall be the sum of one hundred thousand dollars ($100.00), to be divided into shares of one hundred dollars ($100.00) each, but it is permitted to increase said capital stock from time to time, to any sum not exceeding one million dollars ($1.000.00.00), whenever it may be deemed expedient by a majority of the Board of Directors of such corporation for the time being, and said corporation is hereby authorized to commence business so soon as twenty-five thousand dollars ($25.000.00) of said capital stock is paid in cash. Capital stock. Value of shares. When business may be commenced. Sec. III. The number of directors of said corporation shall consist of seven (7) to be chosen by ballot by the stockholders, and no person shall be a director of said corporation who shall not be a stockholder to the extent of twenty-five (25) shares or upwards. All stockholders at all elections of the corporation, and in all matters pertaining to the interests of the corporation in convention, shall be entitled to one vote for every share of stock owned, and such vote may be given in person or by proxy duly appointed in writing. All votes shall be by ballot, and, in all cases, a plurality of the votes given shall elect. The first and all subsequent Boards of Directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own number as president, who shall act as such, and be so styled, and shall hold the office of president until the election of his successor. Every Board of Directors shall have power to fill all vacancies which may occur in the office of director or president. The said corporation in convention shall

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have power to increase the number of directors, as may be desired. A majority of the directors known to be in the city of Savannah at the time of meeting, including the president, shall constitute a board for all purposes, and shall be a quorum for the transaction of business. Said board shall have power to enact all by-laws which may be deemed necessary and proper for the transaction of the business of the said corporation, and may amend and repeal the same; and may exercise all the powers granted by this Act to the said corporation, and may confer on the president and other officers to be appointed, such powers as may be deemed proper; and may appoint and remove all such officers and agents as may be deemed necessary and proper, and fix the rate of their salaries or compensation; and may require of any officer or agent such bond and security as may be deemed proper to secure the faithful discharge of the duty and trust of such officer or agent; and may declare and pay, or cause to be paid, to the stockholders, at such times and in such manner as they may deem proper, dividends from the earned profits of the company; Provided, nevertheless , that the stockholders in convention shall have power to regulate and limit the discretionary powers conferred on the Board of Directors, and to repeal, alter or amend any by-laws or regulations that may be enacted by said board. Number of Directors. Qualifications. Right of stockholders to vote. Term of Directors. President. Vacancies. Quorum of Directors. Power of Directors. Stockholders may limit power of directors. Sec. IV. Certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe, and said board shall have power to prescribe and regulate, from time to time, the form and manner in which such stock, or certificates of stock may be transferred, but no transfer or assignment of stock shall operate to release any holder from any obligation to the said corporation without the consent of the Board of Directors. Certificates of stock. Transfer of stock. Sec. V. That the Board of Directors may call for installments on each share of stock, whenever necessary, in their discretion, not to exceed one hundred dollars ($100.00) in all on each share, giving at least ten (10) days' notice thereof, in a public gazette of the city of Savannah, and any and all stockholders failing to pay said installments, so called for, for sixty (60) days after the time designated in said call, shall forfeit his stock in said corporation, and all payments which he may have made, and the stock and payments so forfeited shall vest in and become the property of the said corporation, to be disposed of as the Board of Directors may determine. Payment and forfeiture or stock. Sec. VI. That any number of the stockholders of said corporation who may own, or represent, at the time one-third ([UNK]) of the actual capital stock paid in may, by giving twenty (20) days notice thereof, in a newspaper published in the city of Savannah, call a meeting or convention of all the stockholders of the said company, at such time and place, in the city of Savannah, as may

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be in such 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 be represented. Nothing herein provided shall prevent the Board of Directors from calling a meeting or convention of the stockholders whenever the said board may see proper so to do. Meetings may be called by stockholders. Powers of such meeting. Sec. VII. That the said The Savannah Storage Company shall have power and authority to do business as a bank, to receive money on deposit, and to issue certificates for the same, and paying such rates of interest, if any, as may be agreed upon, under such rules and regulations as may be established by said corporation; to loan and borrow money, and to take and give therefor such security as may be considered best; to purchase, discount, collect or sell notes, bills of exchange, bonds, securities and other choses in action; to invest its funds in such manner and upon such terms as it may deem best, and transfer its property at pleasure; to construct or lease, and maintain in Chatham county, Georgia, warehouses, grain elevators, and other storehouses for the storage and keeping of cotton, grain, general merchandise, and all other articles of personalty, for hire, and to receive valuables, certificates of stock, bonds, securities, and other evidences of the same, or of titles thereto, or other articles or personalty of any sort or kind on deposit for safe keeping, and to provide and make bargains and arrangements for the use of safes, vaults, and other receptacles for such property, or any part of the same, as it may see fit, charging therefor, and receiving such sums of money, as may be agreed upon, and to advance upon said cotton, grain, general merchandise, valuables, or other articles or personalty, while so stored or deposited with said company, sums of money upon such terms and such commissions as may be agreed upon, and to make advances upon mortgages and other conveyances of real estate; to receive, keep, and forward to destination any articles committed to its keeping; to do all acts it may deem advisable for the safe keeping and the secure and profitable investment of its funds; to do all acts and things usually done in carrying on a banking business, and generally to do all things necessary and proper for the furtherance of the business of the said company, and of the objects of this incorporation. Powers and authority of the corporation. Sec. VIII. Married women and minors shall be competent to make deposits with said company, and their checks or receipts for the same shall be a sufficient discharge to the company, and such deposits shall not be subject to the claim, control or debts of the husband of such married woman, or guardian of such minor. Deposits of married women and minors. Sec. IX. The company shall be responsible to its creditors to the full extent of its property and assets, and each stockholder shall be individually liable for the debts of the company created

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while he is a member to the full amount of the stock owned or subscribed for by him at the time the debt was created; Provided , this individual liability shall only apply to debts created by said corporation in its banking operations. Liability of company and stockholders. Sec. X. That this charter shall be of force and effect for the term of fifty (50) years, with the privilege of renewal at the expiration of said term. Term of incorporation. Sec. XI. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 23rd, 1881. THE SAVANNAH FIRE AND MARINE INSURANCE COMPANY INCORPORATED. No. 106. An Act to incorporate The Savannah Fire and Marine Insurance Company. Section I. Be it enacted by the General Assembly of Georgia , That Abram Minis, John Flannery, R. H. Footman, Elias A. Weil, S. P. Hamilton, William Garrard, J. H. Estill, E. G. Watson, W. C. Jackson, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body corporate and politic, with continuous succession, under the name and style of The Savannah Fire and Marine Insurance Company, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject matter involved; to receive, purchase, hold, own, and use property of all descriptions, and to alien, convey, lease, mortgage, or otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make and use, renew and alter at pleasure, a corporate seal to make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general, all the powers incident to corporations, and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in the county of Chatham, in this State, with its principal office in the city of Savannah. Name and style. Rights and liabilities. Location. Sec. II. That the capital stock of this corporation shall be two hundred thousand dollars ($200.000.00), to be divided into shares

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of fifty (50) dollars each, but it is permitted to increase its said capital stock, from time to time, to any sum not exceeding one million dollars ($1.000.000.00), whenever it may be deemed expedient by a majority of the Board of Directors of said corporation for the time being, and said corporation is hereby authorized to commence business so soon as one hundred thousand dollars ($100.000.00) of the said capital herein authorized, is paid in cash to the commissioners of subscription, as provided for in the next section. Capital stock. Value of shares. When corporation may begin business. Sec. III. That Abram Minis, John Flannery, R. H. Footman, Elias A. Weil, S. P. Hamilton, William Garrard, J. H. Estill, E. G. Watson, and W. C. Jackson, are hereby constituted and appointed commissioners to open books of subscription to the capital stock of this corporation. Said commissioners, or any two (2) of them, shall have power, and are hereby, authorized to keep open said books, for such time as they think proper, in the city of Savannah, and receive all subscriptions that may be offered, to an amount not exceeding, in the whole, two hundred thousand dollars ($200.000.00), in shares of fifty dollars ($50) each, whereof fifty per centum (50) shall be paid to said commissioners at the time of said subscription. And said commissioners shall give notice of the time and place, or times and places, of opening such books, by publication in the newspaper having the largest circulation in the city of Savannah, and in such other papers as they may deem best, at least twenty (20) days before the time appointed for opening the books. All subscriptions which may be made in pursuance of this Act shall, with the exception of the payment hereinbefore required to be made at the time of subscription, be binding on the subscribers, respectively, their heirs and legal representatives, and be payable in such installments, and at such times as the president and directors, to be constituted under this Act, may prescribe, in conformity with the provisions of this Act; but nothing herein contained shall be so construed as to prevent said subscribers from paying the full amount of their subscriptions at once to said commissioners. Commissioners to open books. Notice. Payment of subscriptions. Sec. IV. That when the commissioners, who may act to receive subscriptions, as provided for in section third of this Act, shall have received subscriptions to the extent of two hundred thousand dollars ($200,000.00) and the sum of one hundred thousand dollars ($100,000.00) in cash on account thereof, they shall cause notice to be given to the subscribers by advertisement in at least the newspaper having the largest circulation in the city of Savannah, and and elsewhere, if they see fit, ten (10) days 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 to elect a Board of Directors. On the assembling of the subscribers, or such of them as may choose to attend, the

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commissioners who may act, shall proceed to hold an election for directors of the said insurance company, seven (7) in number to be chosen by ballot by the said stockholders, and no person shall be a director of said insurance company who shall not be a stockholder to the extent of twenty-five (25) shares or upwards. All stockholders at all elections of the corporation, and in all matters pertaining to the interests of the corporation acted on in convention, shall be entitled to one vote for every share of stock owned, and such vote may be given in person or by proxy, duly appointed in writing. Executors and administrators shall be entitled to control the votes to which the testator, or intestate, would be entitled if living, and the stock of minors will be represented by their guardians. All votes shall be by ballot, and in all cases a plurality of the votes given shall elect. That the commissioners who may act, 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 books to the stock of said company, and an account of all the actings and doings of such commissioners, whereupon, their functions shall cease. Meeting of subscribers to stock. Election for Directors. Right of stockholders to vote. Votes for stock of deceased persons and minors. Books of subscription, money, etc., to be turned over to Directors. Sec. V. 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, who shall act as president of the said insurance company, and shall be so styled, and shall hold the office of president until the election of his successer. Every Board of Directors shall have power to fill all vacancies which may occur in the office of director or president and may appoint from their own body a vice-president to assist the president and to serve as president of the board during the absence of the regular president. Term of Directors. President. Vacancies. Sec. VI. The number of the directors of said company shall consist of seven (7) including the president and vice-president, but the said corporation, in convention, shall have power to increase the number of directors as may be desired. A majority of the directors known to be in the city of Savannah at the time of meeting, including the president, or president pro tempore , shall constitute a board for all purposes and shall be a quorum for the transaction of business, which board 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 said corporation; and may confer on the president and other officers to be appointed, such powers as may be deemed proper and consistent

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with this Act, and may appoint all such officers and agents as the board may deem necessary and proper for the business of the company; and fix the rate of their salaries or compensation, and may require of any officer or agent appointed by the board, such bond and security as may be deemed proper, to secure the faithful discharge of the duty and trust of such officer or agent; and may declare, and pay or cause to be paid to the stockholders, at such times, and in such manner as they may think proper, dividends from the earned profits of the company; Provided, nevertheless , that the stockholders, in convention, shall have power to regulate and limit the discretionary powers conferred on the Board of Directors, and to repeal, alter or amend any by-laws or regulations which may be enacted or established by the Board of Directors. Number of Directors. Quorum. Powers of Directors. Power of stockholders to limit authority of Directors. Sec. VII. Certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe, and the board shall have power, from time, to prescribe and regulate the manner in which the stock or certificates of stock may be transferred, but no transfer or assignment of stock shall operate to release any holder from any obligation to the said corporation without the consent of the Board of Directors. Certificates of stock. Transfer of stock. Sec. VIII. That the Board of Directors may call for installments on each share of stock, whenever necessary in their discretion, not to exceed fifty dollars in all on each share, giving at least ten (10) days' notice in the newspaper having the largest circulation in the city of Savannah of such call; and any and all stockholders failing to pay such installments so called for, for thirty (30) days after the time designated in such call, shall forfeit his or her stock in the said corporation, and all payments which he or she may have made thereon, and the stock so forfeited, shall vest in and become the property of said corporation, to be disposed of as the said Board of Directors may determine. Forfeiture of stock. Sec. IX. That any number of the stockholders of said company who own and represent at the time one-third ([UNK]) of the actual capital stock paid in, may, by giving twenty (20) days' notice in the newspaper having the largest circulation in the city of Savannah, call a meeting or convention of all the stockholders of the company, at such time and place, in the city of Savannah, as may be in such 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. Nothing herein provided shall prevent the Board of Directors from calling a meeting or convention of stockholders whenever said board may deem it proper so to do. Meetings may be called by stockholders. Powers of such meetings. Sec. X. That said corporation shall have authority to insure against losses by fire all kinds of property, either real, personal, mixed, or choses in action, and any right, title, interest or estate

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in the said property; also, against all the hazards of ocean or inland navigation and transportation of every kind, for such premiums as it may determine; and said corporation shall be liable to make good and pay to the several persons who may insure in the same for the losses they may sustain in accordance only with the terms of the contract or policy issued by said corporation; and no policy or other contract of said company shall be binding except it be signed by the president, or vice-president, and secretary of the same; and said corporation shall have power to borrow money, to give such securities therefor as may be considered best, to invest its moneys and transfer its property at pleasure, to do all acts it may deem advisable for the safe-keeping and the secure and profitable investment of its funds, to make reinsurance of any risks that may be taken by it, to give to the holders of the policies of said corporation the right to participate in the net profits of the company to such extent, in such manner and upon such terms as it, through its Board of Directors, may deem proper, and generally to do all acts and things usually done in carrying on the business of fire and marine insurance, and to exercise all of the powers incident to insurance corporations. Powers of corporation. Sec. XI. That said company shall have the right to establish agencies in this or any other State. Agencies. Sec. XII. That said corporation shall be responsible to its creditors to the extent of its property and assets; and the stockholders shall be individually liable only to the extent of the stock subscribed for by them which has not been paid up in cash. Liability of company and stockholders. Sec. XIII. That this charter shall be of force and effect for the term of fifty (50) years, with the privilege of renewal at the expiration of said time. Term of incorporation. Sec. XIV. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 24th, 1881. CITY BANK OF AUGUSTA INCORPORATED. No. 115. An Act to incorporate The City Bank of Augusta, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That William J. Wheeless, Edgar R. Derry, J. V. H. Allen, P. E. Pearce, H. Clay Foster, and such other persons as may hereafter be associated

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with them, and their successors and assigns, shall be, and they are hereby, created a body politic and corporate, by and under the the name and style of The City Bank of Augusta, and by that name shall have perpetual succession, shall and may sue and be sued, plead and be impleaded, defend and be defended, in any court whatever, shall have and use a common seal, and have such powers as are herein set forth. Name a style. Rights and liabilities. Sec. II. Be it further enacted, etc. , The capital stock of said bank shall be two hundred thousand dollars, divided into shares of one hundred dollars each, with power to said bank to increase its aforesaid capital stock to any amount not exceeding one million of dollars. That when there has been one hundred 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 bank may organize and proceed to business under this Act. Capital stock. Value of shares. When business may be begun. Sec. III. Be it further enacted, etc. , That the capital stock shall be paid in installments in such sums, and at such times as may be determined and ordered by the Board of Directors, but it may be competent for any one or more of the subscribers to said capital stock, by the consent of the Board of Directors, to pay up the whole amount of his or their subscription at one time, or in one payment. That in case any subscriber to the stock of the said bank 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 at public outcry, in front of the place of business of said bank, after five days' advertisement in any newspaper published in the city of Augusta, in which case the portion previously paid in, shall be forfeited to the bank; and said delinquent shall remain liable for any balance due, or which may become due by him to said bank, and may be sued therefor in any court having jurisdiction. Payment of stock. Forfeiture of stock. Sec. IV. Be it further enacted, etc. , The stock shall be transferred only on the books of said bank, either in person or by power of attorney, and no stockholder shall transfer his stock, except by consent of the officers of said bank, if he is indebted to the bank as principal, security, or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness the bank shall have a lien of the highest dignity upon the stock of such stockholder. Transfer of stock. Sec. V. Be it further enacted, etc. , The corporate powers of said bank shall be vested in and exercised by a Board of Directors, consisting of not less than five persons, to be chosen by a

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majority in interest of the stockholders voting at an election for that purpose, each share of stock to represent one vote, and said directors shall hold their offices for one year from the date of their election and until their successors are elected and qualified; a majority of said board shall constitute a quorum for the transaction of all business devolved upon the same. Said board shall fill all vacancies occurring in its body by death, resignation or otherwise, and the persons elected to fill such vacancies shall hold their offices until the next annual meeting of the stockholders, any until their successors are elected and qualified. Directors. Their number. Election. Term. Quorum. Vacancies. Sec. VI. Be it further enacted, etc. , The Board of Directors shall have power from time to time to make, ordain and establish such by-laws and regulations as they shall judge proper for the election of officers, for prescribing their respective duties, and the mode of discharging the same, the manner of transferring its property, of conducting its general business, of exercising and enjoying the privileges granted to it by law, and such as they may deem necessary to carry out the objects of the corporation; Provided , such by-laws and regulations shall not be repugnant to the constitution and laws of this State or of the United States. Power of Directors. Sec. VII. Be it further enacted, etc. , That said bank shall have power to receive deposits of money, to purchase and sell bonds, stock, bills of exchange, coin and bullion, to discount and negotiate promissory notes, drafts, bills of exchange, and other evidences of debt, to lend mony, and to loan and advance moneys, securities and credits on mortgages on real and personal property of any and all kinds, and the said bank shall have power to take and hold as security for, and in payment of, any loans or advances made, mortgages or other instruments or obligations, upon any and all kinds of property whatever, either real or personal, and 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 to the transaction of its business, and to exercise, by its Board of Directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking. Powers of corporation. Sec. VIII. Be it further enacted, etc. , That funds in litigation in the various courts of this State may be deposited in said bank, pending litigation, thus affording a safe depository for all funds held for future disposition. Funds in litigation may be deposited with bank. Sec. IX. Be it further enacted, etc. , That said bank shall have power to take and accept, by grant, assignment or bequest, and hold any real or personal estate in trust, created in accordance with the laws of this State, and execute such legal trusts in regard to the same, on such terms as may be declared established or agreed upon in regard thereto. Power to take and hold realty and personalty.

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Sec. X. Be it further enacted, etc. , That all the capital, property and assets of said bank shall be bound for the payment of its debts, and, in addition thereto, the stockholders shall be bound and liable as sureties to contribute to the payment of the debts of the bank, each in an amount equal to the par value of the stock held by him at the time of the bank's failure or insolvency, or so much thereof as may be necessary. Liability of company and stockholders for debts. Sec. XI. Be it further enacted, etc. , That the parties named in the first section of this Act, their successors or assigns shall, and they are hereby, appointed commissioners, to open books of subscription for the capital stock of said bank, at such time and place and for such amounts as they, or a majority of them, shall deem proper, but for no less amount than one hundred thousand dollars. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners, at such place as they may designate, within three days from the closing of the subscription called for by them. Power to open books of subscription. Sec. XII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 30th 1881. CHARTER OF AUGUSTA SAVINGS INSTITUTION AMENDED, No. 125. An Act to amend an Act entitled, An Act to incorporate the Augusta Savings Institution, approved February 16th, 1875. Section I. Be it enacted by the General Assemby of the State of Georgia, and it is hereby enacted by authority of the same , That the following language (contained in section second of the above recited Act, beginning with the word shall, in the seventh line, and ending with the word institution, in the eighth line, inclusive, to-wit: Shall be the first managers of this institution, who shall hold their places for one year from the commencement of the business of said institution,) be stricken out, and the following language inserted in lieu thereof: Or a majority of them shall proceed immediately after the passage of this amendatory Act, or as soon thereafter as practicable, to choose from their number four managers, who shall hold their places for one year after their said election. Act of incorporation of February 16th, 1875, amended as to who shall be managers of the Institution, and providing for election of managers.

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Sec. II. Be it further enacted by the authority aforesaid , That the following language be added to section second of the above recited Act, and at the conclusion of the same, to-wit: And upon the death or resignation of any member of said board, the latter shall be empowered to fill the vacancy thus occurring, by the immediate election of his successor, so that section second of the above recited Act, when amended as aforesaid, shall read as follows: Vacancies in board of managers. Sec. III. And be it further enacted by the authority aforesaid , That the institution shall be conducted by managers, a majority of whom shall be a quorum to do business, and the seat of any manager who shall have neglected to attend for four successive meetings, may be vacated by the board. The persons named in the first section of this Act, or a majority of them, shall proceed immediately after the passage of this amendatory Act, or as soon thereafter as practicable, to choose from their numer four (4) managers, who shall hold their places for one year after their said election, or until their successors are elected and installed, and the managers shall thereafter meet annually and choose their successors, who shall select one of their number as president, and they shall have power to appoint a secretary, treasurer, and such other officers as to them shall appear necessary, which officers so chosen and appointed shall continue in office one year, or until others are chosen in their stead and place, and officers so chosen shall be under oath for the faithful performance of the duties of their office respectively. The Board of Managers may remove any of said officers at pleasure, and appoint others in their stead, and fix their salaries as agreed upon, and upon the death or resignation of any member of said board, the latter shall be empowered to fill the vacancy thus occurring, by the immediate election of his successor. Sec. IV. And it is further enacted , That the 15th section of the above recited Act shall be, and is hereby, amended, by striking out all of the first paragraph of said 15th section after the enacting words, and to the words cases of debt inclusive, and substituting therefor the following, viz.: That the private property of each and all of the corporators of the said institution for the time being, shall be liable for the payment of all deposits made with said institution (and for all debts contracted or incurred by said institution) during their membership therein, in the same manner as in ordinary commercial cases or cases of debt. Liability of corporations. Sec. V. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 31st, 1881.

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ATHENS MUTUAL INSURANCE COMPANY INCORPORATED. No. 139. An Act to incorporate The Athens Mutual Insurance Company. 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 Robert L. Bloomfield, Rufus L. Moss, Asalph K. Childs, Rufus K. Reaves, Frederick W. Lucus, Edward R. Hodgson, Clovis G. Talmadge and John E. Talmadge, and others, their associates, successors and assigns, shall be and are hereby constituted a body corporate and politic in fact and in name, by the name of The Athens Mutual Insurance Company, and by that corporate name, they and their successors, shall and may have succession and shall be capable of sueing and being sued, in all courts whatsoever, in all manner of actions and remedies whatever, at law or in equity, and may have a common seal, with power to alter the same at will, and shall have power to purchase, receive by gift, or otherwise, any and all property of any character whatsoever, real or personal, for the use of said corporation, with power to convey and transfer the same at will, and the power to contract and be contracted with, and shall have and enjoy all the powers, rights and privileges needful to carry on a fire insurance business. Name and style. Rights and liabilities. Sec. II. Be it further enacted, etc. , That all persons who shall at any time hereafter, insure in or with the said company, or be allowed so to do, shall be deemed-and taken for members of the said corporation; Provided , that such membership shall cease with the expiration of policy, and expiration of policy shall be held to be a waiver by such member of all right of any further benefit whatever, whether of their earned but undistributed profits, or other benefits whatever. And this section applies as well to artificial as well as real persons, who may become members by insuring with said company. Who shall be members of the corporation. Sec. III. Be it further enacted, etc. , That the property and business of said corporation shall be managed, controlled and conducted by nine (9) directors, a majority of whom shall form a quorum, and who shall be resident citizens of the State of Georgia, to be chosen by ballot by and from the members, to hold their offices for one year, and until others are chosen to fill their places. The first election shall take place when the corporators shall accept this charter and the company shall be thereunder organized. The second election shall take place on the first Tuesday in April thereafter, the officers first elected to hold until that time; and after the said second election in April, there shall be an annual

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election on the first Tuesday in April of each succeeding year; Provided , that elections for directors, etc., after the first election, shall be held at the public place of business of said company (which place of business shall always remain in the city of Athens, Clarke county, Georgia,) of which annual election the directors shall give at least (10) days prior public notice by advertisement in one or more public gazettes or newspapers, published in said city of Athens; provided, further , should there, from any cause, fail to be any annual election, the old officers shall hold over; provided, further , that no director or other officer of any other fire insurance company shall be qualified to be a director or other officer of this company; provided further , the directors shall have power to fill all vacancies in the directory occasioned by death, resignation, or otherwise. Directors. Quorum. Qualifications. Term. Election. Where elections shall be held. Vacancies. Sec. IV. Be it further enacted, etc. , That the directors shall meet at the public place of business of said company, in Athens, Georgia, once in each and every week, and oltener if need be. Meetings of Directors. Sec. V. Be it further enacted, etc. , That at all meetings of the stockholders or members there must be present in person at least fifteen (15) members or policy-holders to constitute a quorum to transact business; Provided , that all other members or policy-holders not present in person shall have the right to be represented, and vote on all matters by proxy, such proxy to be in writing under their hand and seal, and attested by a Notary Public. Meetings of stockholders. Sec. VI. Be it enacted, etc. , That the directors, or a majority of them, shall have power to make or prescribe, amend or alter, by-laws, rules and regulations, as to them shall appear needful and proper, touching the management and control of the business of said corporation, and management or disposition of all property, real or personal, or rights of property of said corporation, and touching all such other matters as appertain to the business, ends and purposes of said corporation, and shall have power to appoint so many officers, clerks and servants for carrying on the business of said corporation, and with such salaries, commissions or other compensation as the directors deem meet and proper, and shall also have power to remove any of such officers, clerks and servants at will; Provided , no such by-laws, rules and regulations so adopted shall conflict with or be repugnant to the constitution and laws of the United States or the State of Georgia. Powers of Directors. Sec. VII. Be it enacted, etc. , That there shall be a president of said company, who shall be chosen by the directory annually at the time of the annual election of the directors, from their own body; Provided , the first president so chosen shall be one of the directors elected at the time of organization, who shall serve to the second election in April thereafter, and for the term of one year thereafter; provided, further , that the office of president shall

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become vacant by a failure to elect at any time, but the incumbent, at the time of such failure to elect from any cause, shall hold over until his successor shall be elected and qualified. President. Qualifications. Term. Sec. VIII. Be it further enacted, etc. , That it shall be the duty of the president to preside at all meetings of the directors, and to discharge all other duties required of him by the by-laws, for which services he shall receive such salary, or other compensation as the directory shall consider to be proper or adequate. Duty of President. Salary. Sec. IX. Be it further enacted, etc. , That all policies of insurance in the said corporation, or other contracts of the same, to be binding upon said corporation, shall be signed by the president and countersigned by the secretary, and sealed with the seal of said corporation, and the said corporation shall have full power to insure against losses by fire or water, and all other accidents, dangers and casualties for which fire insurance companies are usually created. Policies of contracts. Power and purposes of corporation. Sec. X. Be it further enacted, etc. , That the said corporation may insure from loss, as stipulated in section nine (9), houses, stores, and other buildings, household-furniture, goods, wares, and merchandise, and every and all other property liable to be destroyed, or injured, or damaged by fire, etc. And all policies of insurance which shall be made by the said corporation in pursuance of this Act shall be made upon such terms and conditions, and for such periods of time and confined to such territory as shall be from time to time prescribed by the by-laws, rules, and regulations of said corporation. Provisions as to policies. Sec. XI. Be it further enacted, etc. , That no transfer of any policy of insurance of the said corporation shall be binding upon the same until consented to by said corporation through its proper servants, as shall be prescribed in the by-laws, etc, and until entered upon the books of the company and certified thereon by the secretary, and any transfer, or conveyance of any property insured, without such consent, entry and certificate, shall cause such policy to become null and void, but this condition of forfeiture in order to be valid, shall be printed or written in the face of the policy. Transfer of policies. Sec. XII. Be further enacted, etc. , That at all meetings of said corporation each member shall be entitled, on all matters and questions, to cast one vote for every one thousand dollars, or fractional part thereof, of a policy or policies held by him and open for one year or more; Provided , no insurer shall be entitled to more than ten (10) votes, with the right of voting by proxy. Right of members to vote. Sec. XIII. Be it further enacted, etc. , That a majority of the corporators herein named may convene at any time by agreement as to time and place, in Athens, Georgia, and accept this charter and solicit business and organize, and issue policies of insurance, and the right of succession and all other rights and privileges

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herein given shall accrue and continue for the period of fifty years, with privilege of renewal and subject to forfeiture at any time for a violation of the terms of this charter or of any amendment thereto to the insurer and the successors under the corporate name hereinbefore stated. When and how company may organize. Term of incorporation. Sec. XIV. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881. CHARTER OF NATIONAL MERCANTILE DEBT ASSURANCE COMPANY AMENDED. No. 142. An Act to amend an Act entitled, An Act to incorporate The National Mercantile Assurance Company, approved October 17th, 1879, to change its name, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the name of said company be, and the same is hereby, changed to The National Mercantile Company. Name changed. Sec. II. That the names of John A. Fitten, Joseph Thompson, Jr., and W. E. Ragan, of Fulton county, be added to the list of names mentioned as corporators in said Act. Addition to corporation. Sec. III. That the stockholders, by the vote of a majority, may change the location of the general office of this company to Atlanta, Georgia. Location may be changed to Atlanta, Ga. Sec. IV. That the capital stock may be increased beyond the amount specified in said Act, and in the manner therein specified, and the words not exceeding one million dollars, in section 2 of said Act, are hereby stricken out. Capital stock may be increas'd. Sec. V. That immediately upon its organization, this company is empowered to proceed to the transaction of its business, and thereupon the said company shall be subject to taxation in the same manner that banks are taxed. Company may proceed to transact business. Sec. VI. That a failure to elect directors annually shall not work a forfeiture of the charter of this company, and the directors already in office shall continue in office until their successors are elected. Failure to elect Directors not to work a forfeiture. Sec. VII. That so much of section 7 of said Act as comes before or prior to the words, to borrow money be, and the same is hereby, repealed, and the following substituted in lieu thereof: That said company be authorized and empowered to assume or guarantee the payment of any debt or evidence of debt,

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contracted or about to be contracted by any person or persons based upon a special report of the financial condition or status of such person or persons furnished by authority of this company: and to guarantee the fidelity of, or become surety for, any person or persons holding positions of trust and confidence, and to indemnify the person or persons to whom such guarantee or surety is made, in cases of loss or injury from any cause which may happen, directly or indirectly, in the action or neglect or fault of the person or persons for whom such guaranty or security is given by this company, and to fix and collect commissions therefor, and to invest its money in such manner as may be deemed best by its directory. Powers of corporation. Sec. VIII. That the powers, franchises and privileges granted said company shall not be repealed or changed so as to affect its power faithfully to execute and carry out any trust held by the company, or so as to injure any interests committed to its care and management, without the consent of the stockholders, creditors and persons interested. Powers, etc., may not be changed. Sec. IX. That a sworn statement, signed by one of the directors, or secretary, or secretary pro tem. , showing the financial condition, assets and liabilities of said company, shall be made and sent in to the Comptroller-General on or before the first day of February in each year. Sworn statement to be made to Comptroller-General. Sec. X. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, and that this Act shall take effect on and after its passage. Approved September 8th, 1881. DAHLONEGA SAVINGS BANK INCORPORATED. No. 229. An Act to incorporate the Dahlonega Savings Bank. Section I. Be it enacted by the General Assembly of the State of Georgia , That W. P. Price, James W Burnside, F. W. Hall, B. A. Martin, Samuel Stradley, P. M. Sitton, and such other persons as may be hereafter associated with them, be, and they are hereby, constituted a body corporate and politic, under the name of The Dahlonega Savings Bank and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts or places whatsoever, and may have a common seal, with power to change and alter the same from time to time, and by that name shall

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be capable of purchasing, taking, holding and enjoying, to them and their successors, all property, of every nature, that may be necessary for the purpose of promoting the objects of said corporation, and of selling, leasing or otherwise disposing of the same or any part thereof. They may receive deposits of money, and purchase and sell bills of exchange, lend money and discount notes and bills of exchange, drawn against shipments of produce, or any other valuable property, at their will and pleasure. Name and style. Rights and liabilities. Powers. Sec. II. The capital stock of said bank shall be twenty thousand dollars, with the privilege of increasing the same to any sum not exceeding fifty thousand dollars, and the said capital stock shall be a fund pledged for the security of deposits, and for the payment of all other liabilities of said bank. Capital stock. Sec. III. The said corporation may invest money in any good stocks, bonds and mortgages, or unincumbered real estate, or in the stock or bonds of incorporated companies, at the discretion of the financial board. Powers to invest money. Sec. IV. The said corporation shall have power to issue certificates of deposits, said certificates to be issued either with or without interest, but if bearing interest, at a rate not exceeding seven per cent. per annum, as may be agreed on. No certificate of deposit shall be issued for a smaller denomination than one dollar. Certificates of deposit. Sec. V. The said corporation shall be managed by a board consisting of five directors, one of whom shall be annually elected president, and who shall hold office until their successors are elected. The capital of said bank shall be divided into shares of one hundred dollars each, and each share shall represent one vote, and a majority of the stock represented at any meeting shall constitute a quorum. Stockholders may vote by proxy. No person shall be eligible to become a director, unless he holds in his own name, unincumbered, at least five shares of the paid-up capital stock of said bank. Directors. President. Value of shares. Qualifications of Directors. Sec. VI. The said corporation may receive on deposit all sums of money which may be offered for the purpose of being invested in such sums, and at such times, and on such terms, as the by-laws of the corporation shall prescribe, and which shall be repaid, to such depositors, at such times and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall from time to time prescribe, and the said corporation may accept and execute all such trusts, of any description, as may be committed to said corporation, by any person or persons whatever, by will or otherwise, or by order of any court; Provided , that in so accepting any trust, the said corporation shall become and be subject to all the duties and liabilities prescribed by law for the government of trustees. Receive deposits. Executive trusts. Sec. VII. It shall be lawful for the said corporation to pay to any depositor, being a minor without a guardian, or where deposited

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by a minor with the approval of parents, such sums as may be due to said depositors, notwithstanding that no guardian shall have been appointed for such depositor, and the receipt or acquittance of such minor shall be valid as if the same were executed by a guardian duly appointed. Married women may deposit money in their own names and receive the interest or dividend thereon, and receive or withdraw the same, and such deposits shall not be subject to the control of their husbands or liable for their debts, nor shall money deposited by a single woman be subject, in case of marriage, to the use or control, nor liable for the debts, of her future husband. Deposits of minors. Married women. Sec. VIII. The corporation shall not be required to receive on deposit a less sum than one dollar, nor to allow interest until the deposit amounts to five dollars, nor to pay interest on the fractional part of a dollar, and to avoid the calculation of days on small sums, they shall not be required to allow interest on the fractional part of a month. Deposits not less than one dollar. Sec. IX. The said corporation shall, from time to time, have power to make, ordain and establish such by-laws and regulations as they shall judge proper for the direction of their officers, and prescribing their respective functions and the mode of discharging the same, for regulating the times and places of meeting of their officers, and for transacting and managing all business, and directing the affairs of the corporation; Provided , that such by-laws and regulations shall not conflict with the constitution and laws of this State or of the United States. By-laws. Sec. X. Be it further enacted , That the stockholders of said bank shall be individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of said bank to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such stock. Liability of stockholders. Sec. XI. It is further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 16th, 1881.

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CHARTER OF CITIZENS' BANK OF AUGUSTA AMENDED. No. 237. An Act to alter and amend an Act entitled, An Act to incorporate the Citizens' Bank of Augusta, approved December 7th, 1880. Section I. Be it enacted by the General Assembly , That the latter part of section three of the above stated Act be, and the same is hereby, altered and amended by striking out the words two hundred thousand dollars, and inserting in lieu thereof one hundred thousand dollars, so as to read as follows: That the capital of said bank shall be two hundred thousand dollars, which may be increased to five hundred thousand dollars, should the interest of the bank at any time require it, to be determined by the stockholders; said capital to be divided into shares of one hundred dollars each, but said bank may proceed to organize and commence business when one hundred thousand dollars shall have been subscribed, and ten per cent. thereof paid in. Bank may be organized when $100,000 00 is subscribed, and 10 per cent. paid in. Sec. II. Be it further enacted , That section twelve of said Act be, and the same is hereby, repealed, and in place thereof the following is hereby enacted: That all the property of said bank shall be held and bound for the payment of its indebtedness, and the shareholders thereof shall only be liable for the payment of all obligations incurred by said bank, to the extent of the shares held and possessed by each of them, respectively. Liability of bank and stockholders. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881. CITIZENS' SAVINGS BANK OF SAVANNAH INCORPORATED. No. 466. An Act to incorporate The Citizens' Savings Bank of Savannah Section I. The General Assembly of the State of Georgia do enact , That George C. Freeman, Frederick M. Hull, Samuel B. Palmer, George N. Nichols, Charles H. Dorsett, Charles H. Olmstead, Robert D. Walker, Nathaniel Lovell, Charles C. Hardwick, William C. Cooper, and Henry C. Cunningham, and their associates and successors, are hereby constituted a body corporate

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and politic under the name of The Citizens' Savings Bank of Savannah, with power by this name to sue and be sued in any court whatever, to have and to use a common seal, to make, alter and repeal such by-laws as they may deem necessary or proper for the conduct of its business, not in contravention of this charter, or of the laws of this State, or of the United States; to acquire any property, real or personal, by purchase or satisfaction of any debt due the said corporation, or which may have been mortgaged or conveyed to said bank for moneys which may have been owing to it, or advanced by it, and to control, and to dispose of the same as in the opinion of the Board of Directors may be for the interest of said bank; to deal in the precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, or choses in action, claims or rents, and to perform all such acts; to enforce the payment, or fulfillment of any contract made to or with it as may become necessary; to receive deposits of money and other valuables, and issue certificates therefor; to loan and borrow money; to discount and sell bonds, stocks and securities generally, and to do a general banking and exchange business, and for this purpose to receive and execute such receipts and contracts or instruments in writing as may be necessary, and to receive moneys in trust or on deposit, and to invest or accumulate the same at such rate of interest as may be obtained or agreed on, not to exceed the lawful rate, or to allow such interest thereon as may be agreed on, not to exceed the lawful rate, and to accept and execute all such trusts of every description as may be committed to it by any person or persons, or any corporation whatsoever, or may be committed or transferred to it by an order or decree of any court, and shall have power to take and accept by grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trusts created in accordance with the laws of this State, and execute such legal trusts in regard to the same on such terms as may be declared, established or agreed upon in regard thereto; and the said corporation shall and is hereby authorized to act as trustee by appointment of any court of this State or under any deed or will; Provided , that in accepting and executing any such trust, the said corporation shall become and be subject to all the duties and liabilities prescribed by law for the government of trustees; and funds in litigation in the various courts of this State may be deposited in the said The Citizens' Savings Bank of Savannah, pending said litigation, bearing interest at such rate as may be directed by the court. That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person and of guardian of the property when appointed as such by will, but not otherwise; and the Ordinaries of this State are authorized to

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grant letters testamentary to said corporation when it is duly appointed executor of any will; provided , that the said corporation, in thus becoming executor or testamentary guardian, shall be bound and subject to all the duties and liabilities imposed by law upon natural persons who are executors and guardians. The said corporation shall have power to accept and execute the office of agent, assignee and receiver, whether such office or appointment be conferred by any person or persons, or by any corporation, or by any court, either of the United States or of this State. The capital stock, property and assets of this company shall be absolutely liable for the faithful management of the estates confided to its care as executor, guardian or trustee, and the claims of such estates shall have priority over all others. That all laws of force in this State, and not contrary to the provisions of this Act, concerning executors, administrators, guardians, trustees, assignees or receivers shall apply to this bank when appointed to each office; and said corporation hereby created shall have power to act as fiscal agent for the State of Georgia, or for any corporation or municipality for issuing, registering and countersigning bonds, certificates of stock and for paying coupons, and when the management of any estate or fund is vested in said bank under the provisions of this Act, said bank may be sued as to any matter connected therewith in the county in which the appointment is made; and it shall be the duty of the company to have an agent in every such county upon whom service can be effected, and in case they fail to have such agent they may be served by publication as resident defendants in equity cases are now served. Name and style. Rights and liabilities. Capital stock, property and assets liable for estates committed to corporation. May be sued in certain counties. Sec. II. That the capital stock of said corporation shall be two hundred thousand dollars, divided into two thousand shares of one hundred dollars each, with power to the directors of said bank to increase the same to any amount not exceeding five hundred thousand dollars, upon giving public notice of such intention to increase for thirty days, in a public gazette published in the city or Savannah, in which notice the amount of the proposed increase of the capital stock of said bank shall be specified. Capitol stock. Value of shares. Sec. III. That so soon as there shall have been two hundred thousand dollars of the capital stock subscribed for, and forty dollars per share thereof actually paid in 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 less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president and vice-president; said directors shall also elect a cashier, and appoint from time to time, or at any time, such other officers and agents as in their judgment the business may require, fix their compensation, dismiss them, and take bond from persons so elected or appointed,

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in such sums as they may deem proper for the faithful execution of their duties. The directors of said bank shall be elected by the stockholders, upon its first organization at such time as a majority of them may determine and annually thereafter on the second Tuesday in June of each year, or within ten days thereafter, and shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings of the board, and to fill any vacancies that may occur in the board, each stockholder shall be entitled at all elections of said bank, to one vote for each share of the capital stock held or owned by him, her or them in their own right, or in any fiduciary capacity; each stockholder shall vote in person or by proxy, under written power-of-attorney, but no stock shall be voted, which may be in arrears for installments, fines, or other dues, until such arrears are paid in full. When business may be begun. Directors. Officers. Election of Directors. Quorum. Vacancies. Right of stockholders to vote. Sec. IV. That the minutes of the proceedings of the Board of Directors shall be kept in a book provided for that purpose, and shall be signed by the president and cashier, and the same shall be, at all times, subject to the inspection of any stockholder. Minutes of board. Sec. V. That each stockholder shall pay at least twenty per centum upon his stock at the time of subscription for the same and subsequently shall pay into the bank in par funds, at least one dollar each week on each share so subscribed for or held, until the value of each share from said payments shall be one hundred dollars. The dividends which shall be declared by the Board of Directors shall be entered to the credit of the several stockholders of the bank on the books thereof, and in no case shall the dividends so declared be paid out to a stockholder, until his, her, or their shares have reached their par value. Stockholders shall be entitled to a certificate of stock when the full amount of one hundred dollars per share shall have been paid in upon the same. All transfers of the stock of said bank shall be made in person, or by written power-of-attorney, in a book to be kept in the bank for that purpose, and in accordance with the by-laws of said bank. Payment of stock. Dividends. Certificates of stock. Sec. VI That the by-laws of said bank shall be binding upon all its stockholders, and the payment of all installments and other dues to the bank by its stockholders may be enforced by such other penalties as may be from time to time provided in its by-laws. By-laws. Sec. VII. That on the first Tuesday in June in each year, the Board of Directors shall make a statement of its assets and liabilities, which statement shall be verified by the oath of the cashier, made before any officer authorized to administer the same, which statement shall be recorded in a book kept in said bank for that purpose, and subject to the inspection of the stockholders. Reports of Directors. Sec. VIII. That the corporation chartered under an order of the Superior Court of Chatham county, dated April 23d, 1873,

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under the name of the Citizens' Mutual Loan Company, now doing business in the city of Savannah under said charter, be, and it is hereby, authorized and empowered to merge its stock into the stock of the bank hereby created, in such manner that each and every owner and holder of shares of the capital stock of the said Citizens' Mutual Loan Company, shall be entitled to and receive an equal number of shares of the capital stock of said bank; Provided , that nothing herein contained shall release or discharge said Citizens' Mutual Loan Company from any contract heretofore entered into, but that all such contracts shall be assumed by, and be binding on, the said The Citizens' Savings Bank of Savannah, and all benefits, advantages and rights under the same shall accrue to, and vest in, the said bank hereby created; and, provided, further , that said merger of the said Citizens' Mutual Loan Company into said The Citizens' Savings Bank of Savannah shall only take place when at least two-thirds of the stockholders of said Citizens' Mutual Loan Company, estimated by the number of shares held by each, have assented thereto, either in a stockholders' meeting called for that purpose, or by written authority to the directors of said company, by the stockholders representing at least two-thirds of the stock of said company. And the stock of said company, becoming merged into the stock of said bank, that the proper officers of said company are hereby authorized and empowered to transfer, assign; set over and convey to said bank all the assets, choses in action, estate, real and personal, all evidences of debt, of all kinds whatsoever, and upon the making of such an assignment by said Citizens' Mutual Loan Company, the title to such property shall vest in, and all the rights of said Citizens' Mutual Loan Company shall become transferred to, said Citizens' Savings Bank of Savannah, as completely as if the contracts under which said property was held by said Citizens' Mutual Loan Company had been originally made with said Citizens' Savings Bank of Savannah. Merger with Citizens' Mutual Loan Company. Sec. IX. That within six months from the passage of this Act, the persons named in the first section of this Act, or any of them, shall open books of subscription in the city of Savannah, where said bank shall be located, and keep such books open as long as they think proper to receive subscriptions to the stock of said corporation hereby created. All subscriptions to the capital stock of said bank shall be binding upon the subscribers, and upon their heirs, assigns and legal representatives, and shall be payable as heretofore provided in this Act. Opening of books of subscription. Sec. X. The said Citizens' Savings Bank of Savannah shall be responsible to its creditors to the extent of its property and assets; and each stockholder shall be liable to the creditors of the bank, as a surety, for the debts of the bank, in an amount

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equal to the par value of the stock held by him at the time the debt was created. Liability of corporation and stockholders. Sec. XI. That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 30th, 1881. ATLANTA HOME INSURANCE COMPANY INCORPORATED. No. 469. An Act to incorporate the Atlanta Home Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That Edwin W. Marsh, Thomas G. Healey, Walker P. Inman, Jas. R. Wylie, John Flynn, William L. Peel, James F. Cummings, John Keely, Hugh T. Inman, Joel Hurt, Henry L. Wilson, Edward E. Rawson, Henry Boylston, Jacob Elsas, Henry Jackson, Robert D. Spalding, Thomas M. Clark, Aquilla J. Orme, Davenport Jackson, Robert Winship, George Winship, Elias Haiman, Robert J. Lowry, James W. English, Thomas L. Langston, John H. Mecaslin, and their associates and successors, are hereby created a body politic and corporate, by the name of the Atlanta Home Insurance Company, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all descriptions, to make, have and use a common seal, and generally to do any act necessary to carry into effect the objects of the corporation not inconsistent with the laws and constitution of this State or of the United States. Name and style. Rights and liabilities. Sec. II. Be it further enacted , That the capital stock of this corporation shall be five hundred thousand dollars, to be divided into five thousand shares of one hundred dollars each, to be paid in by the subscribers thereto in such manner and at such times and place as the directors of said corporation, to be elected as hereinafter provided, may direct, so soon as subscriptions may have been received to said capital stock to the amount of one hundred thousand dollars, a majority of the persons named in the first section of this Act shall call a meeting of the subscribers to such stock for the purpose of organization. At this meeting they shall elect not less than five nor more than nine directors, as may be determined by them; the said directors shall thereupon elect from their own number a president and a secretary; they shall further appoint all other officers and agents deemed necessary by them for the successful conducting of the business of the company.

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They shall at any time have power to remove any officers or agents of the company, to prescribe their compensation and duties, and provide for the taking of bonds for the protection of the corporation. They shall also have power to fill any vacancy which may occur in their own body; and if the president, secretary, or any director, shall be absent without leave for five successive regular meetings of the board, a majority may declare his place vacant, and proceed to fill it without notice. No person shall be eligible to the office of director unless he owns not less than ten shares of the stock of said company, and no director shall be eligible to the office of president or secretary unless he owns not less than fifty shares of said stock. Capital stock. Value of shares. When business may be begun. Directors. Officers. Vacancies Qualifications of Directors. Sec. III. Be it further enacted , That the directors thus first elected shall hold office for such time as may be prescribed by the subscribers to the capital stock so convened as aforesaid, and until their successors are elected. At all elections after the first, the directors shall hold office for the term of one year, and until their successors are elected The date of the annual meeting of the stockholders of the company, for the election of directors and such other business as may be brought before it, shall be fixed by the subscribers to the stock at the time of the organization, but may be changed at any stockholders' meeting. Special meetings of the stockholders may be called at any time by the directors; such notice of these meetings shall be given as the directors may prescribe. Elections and terms of Directors. Sec. IV. Be it further enacted , That at all meetings of the stockholders, those holding a majority of the stock upon which there is nothing due to the company under any call which may have been made by the directors, shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock held by him, such stock may be represented by proxy, but no one not a stockholder shall be capable of holding such proxy. Quorum of stockholders and their right to vote. Sec. V. Be it further enacted , That the principal office of the company shall be in the city of Atlanta, but it may do business and establish branch offices and agencies at any place or places in this State or the United States. Location. Sec. VI. Be it further enacted , That at the first meeting of the directors after their election, they shall determine what proportion of the stock subscriptions shall be called in, and shall fix the manner, times, and place of payment thereof to the company, and when one hundred thousand dollars in money shall be paid to said company on account of subscriptions to stock, then, and not before, the said corporation, under the name of The Atlanta Home Insurance Company, shall have authority to insure against losses by fire on all kinds of property, either real or personal, or mixed; also against all the hazards of ocean or inland navigation and transportation of every kind, for such rates of premium as it may determine. The contracts of insurance to be entered into

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by the said company shall not be binding unless evidenced by a policy of insurance in writing or print, or both, and the liability of said company in case of loss sustained by any policy-holder, shall be governed by the terms, stipulations, and conditions appearing upon the face thereof. No policy, or other contract of said corporation, shall be binding except it be signed by the president and secretary. Payment of stock. Powers of corporation. Sec. VII. Be it further enacted , That the directors shall have power to fix the form of the certificates of stock, and the mode of transfer. They shall also have authority to pass such by-laws as may be necessary to carry this Act into effect, and to direct the execution of such contracts as may seem to them best for the interest of the corporation. A majority of the Board of Directors shall constitute a quorum. Certificates and transfer of stock. Sec. VIII. Be it further enacted , That if any stockholder shall fail, or make default, for ten days, to pay any call regularly made on his subscription to stock, the directors may direct suit to be brought against him forthwith for the amount of such call, or may, in their discretion, after ten days' notice to such stockholder, cause his said stock, after such advertisement as may seem to them proper, to be put up at auction and sold to the highest bidder, and any deficiency in the sum thus received necessary to make the amount of the call, shall be made good by the delinquent, any surplus over the amount of the call, and the expenses of the sale, shall be paid to him. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the delinquent would have done had he not so made default. The sale shall be in the city of Atlanta, at such time and place as the directors may prescribe. Forfeiture of stock. Sec. IX. Be it further enacted , That the corporation shall be responsible to its creditors to the extent of its property. Liability of corporation. Sec. X. Be it further enacted , That all the increase and accumulations of said company, after paying current expenses and liabilities, and after setting apart the necessary reserve, contingent, and re-insurance fund, shall be applied to the balance due on stock subscriptions, or distributed as a dividend among the stockholders, as the directors may order. After the subscriptions to stock have been paid up in full, all such increase shall be distributed among the stockholders as a dividend. The manner of declaring such dividend, and the time and place of payment, shall be entirely within the control of the directors. They shall also have the power to give the holders of policies of said company the right to participate in the net profits of the company to such an extent, in such manner, and upon such terms as they may deem proper. Disposal of profits. Sec. XI. Be it further enacted , That this Act shall take effect from and after its passage, and that all conflicting laws are hereby repealed. Takes effect immediately. Approved September 30th, 1881.

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COMMERCIAL BANK OF SAVANNAH INCORPORATED. No. 481. An Act to incorporate The Commercial Bank of Savannah. Section I. Be it enacted by the General Assembly of Georgia , That Joseph D. Weed, L. G. Haynes, F. M. Hull, J. F. Minis, C. L. Jones, W. C. Jackson, John Lyons, William Garrard, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body corporate and politic, with continuous succession, under the name and style of The Commercial Bank of Savannah, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject matter involved, to receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease, mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make and use, renew and alter at pleasure a corporate seal, to make by-laws, not inconsistent with the laws of the land, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said bank is to be located in Savannah, in this State. Name and style. Rights and liabilities. Sec. II. That the capital stock of this corporation shall be two hundred thousand dollars ($200,000.00), to be divided into shares of fifty dollars ($50.000) each, but it is permitted to increase its said capital stock from time to time to any sum not exceeding one million dollars ($1,000,000.00) whenever it may be deemed expedient by a majority of the Board of Directors of said corporation for the time being. And said corporation is hereby authorized to commence business, so soon as fifty thousand dollars ($50,000.00), of said capital stock herein authorized is paid in cash to the commissioners of subscription, as provided for in the next section. Capital stock. Value of shares. When business may be begun. Sec. III. That Joseph D. Weed, L. G. Haynes, F. M. Hull, C. L. Jones, John Lyons, W. C. Jackson, J. F. Minis, William Garrard are hereby appointed commissioners to open books of subscription to the capital stock of this corporation. Said commissioners, or any two (2) of them, shall have power and are hereby authorized to keep open said books for such time as they think proper, in the city of Savannah, and receive all subscriptions that may be offered to an amount not exceeding in the aggregate, two hundred thousand dollars ($200,000.00) in shares of fifty dollars ($50.00) each, wherof

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twenty-five (25) per centum shall be paid to said commissioners at time of subscription. And said commissioners shall give notice of the time and place, or times and places of opening said books, by publication in a newspaper published in the city of Savannah, and in such other papers as they may deem best, at least twenty (20) days before the time appointed for opening the books. All subscriptions which may be made in pursuance of this Act shall, with the exception of the payment heretofore required to be made at the time of subscription, be binding on the subscribers, respectively, their heirs and legal representatives, and be payable in such installments, and at such times as the president and directors, to be constituted under this Act, may prescribe, in conformity with the provisions of this Act; but nothing herein contained shall be so construed as to prevent said subscribers from paying the full amount of their subscriptions at once to said commissioners. Commissioners to open books of subscription. Notice of opening books. Payment of stock. Sec. IV. That when the commissioners who may act to receive, subscriptions, as provided for in section third (3) of this Act shall have received subscriptions to the extent of two hundred thousand dollars ($200.000.00), and the sum of fifty thousand dollars in cash on account thereof, they shall cause notice to be given to the subscribers by advertisement in at least one newspaper published in the city of Savannah, having a general circulation, and elsewhere if they see fit, ten (10) days prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place designated in the publication, to organize and to elect a Board of Directors. On the assembling of the subscribers, or such of them as may choose to attend, the commissioners who may act, shall proceed to hold an election for directors of said bank, seven (7) in number, to be chosen by ballot by the said stockholders, and no person shall be a director of said bank who shall not be a stockholder to the extent of twenty-five shares or upwards. All stockholders at all elections of the corporation, and in all matters pertaining to the interest of the corporation acted on in convention, shall be entitled to one vote for every share of stock owned, and such vote may be given in person or by proxy duly appointed in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled to if living, and the stock of minors shall be represented by their guardian. All votes shall be by ballot, and in all cases a plurality of the votes cast shall elect. The commissioners who may 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 or Directors chosen, all moneys and credits in their hands,

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and the subscription books to the stock of the said company, and an account of all the actings and doings of such commissioners, whereupon their functions shall cease. Meeting of subscribers for stock. Election of Directors. Qualifications. Right of stockholders to vote. Stock of deceased persons and minors may be voted for. Subscription books, etc., to be delivered to Directors. Sec. V. That the first and all subsequent Boards of Directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own number as president, who shall act as president of the said bank, and shall be so styled, and shall hold the office of president until the election of his successor. Every Board of Directors shall have power to fill all vacancies which may occur in the office of president or director, and may appoint from their own body a vice-president, to assist the president and to serve as president of the bank during the absence of the president. Term of Directors. President. Vice-President. Sec. VI. The number of directors of said bank shall consist of seven (7), including the president and vice-president, but the said corporation in convention shall have power to increase the number of directors as may be desired. A majority of the directors known to be in the city of Savannah at the time of meeting, including the president, or president pro tempore , shall constitute a board for all purposes, and shall be a quorum for the transaction of business, which board shall have power to enact all laws or by-laws which may be deemed necessary and proper for the business of the bank, and may amend or repeal the same, and may exercise all the powers granted by this Act to the said corporation, and may confer on the president and other officers to be appointed, such powers as may be deemed proper and are consistent with this Act, and may appoint all such officers and agents as the Board may deem necessary and proper for the business of the bank, and fix the rate of their salaries and compensation, and may require of any officer or agent appointed by the board, such bond and security as may be deemed proper to secure the faithful discharge of the duty and trust of such officer or agent, and may declare and pay, or cause to be paid, to the stockholders, at such times and in such manner as they may think proper, dividends from the earned profits of the bank; Provided, nevertheless , that the stockholders in convention shall have power to regulate and limit the discretionary powers confered upon the Board of Directors, and to repeal, alter, or amend any by-laws or regulations which may be enacted or established by the Board of Directors. Number of Directors. Quorum. Powers of Directors. May be limited by stockholders. Sec. VII. Certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe, and the said board shall have power, from time to time, to regulate and prescribe the manner in which the said stock or certificates of stock may be transferred, but no transfer or assignment of stock shall operate to release any holder from obligation to the said corporation without the consent of the Board of Directors. Certificates of stock. Transfer of stock. Sec. VIII. That the Board of Directors may call for installments

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on each share of stock, whenever necessary in their discretion, not to exceed fifty (50) dollars in all on each share, giving at least ten (10) days notice in a public gazette of the city of Savannah of such call; and any and all stockholders failing to pay such installments so called for, for thirty (30) days after the time designated in such call, shall forfeit his or her stock in the said corporation, and all payments which he or she may have made thereon, and the stock so forfeited, shall vest in and become the property of said corporation, to be disposed of as the said Board of Directors may determine. Payment and forfeiture of stock. Sec. IX. That any number of the stockholders of said bank who own or represent at the time one-third ([UNK]) of the actual capital stock paid in, may, by giving twenty (20) days' notice thereof in a newspaper published in the city of Savannah, call a meeting or convention of all the stockholders of the bank, at such time and place, in the city of Savannah, as may be in such 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. Nothing herein provided shall prevent the Board of Directors from calling a meeting or convention of stockholders whenever said board may deem it proper so to do. Stockholders may call meeting. Powers of such meeting. Sec. X. That the said The Commercial Bank of Savannah shall have power and authority to receive deposits and issue certificates for the same, paying such rates of interest as may be agreed upon, under such rules and regulations as may be established by said corporation; and the said corporation shall be, and is hereby, authorized to act as trustee by appointment of any court of the State, or by the selection of any executor or executors, individual or individuals, for themselves, or for the benefit of any minor or minors for whom they may be acting, and funds in litigation in the various courts of the State may be deposited in said bank pending said litigation. Powers and purposes of such corporation. May be trustees for executors, administrators, etc. Fund in litigation may be deposited with bank Sec. XI. That all special trusts for permanent investment shall only be invested by said bank in bonds of the United States, or bonds of the State of Georgia, or bonds indorsed or guaranteed by the State of Georgia, or in bonds or stocks of States, cities or companies whose bonds or stocks shall, at the times of such investment, in the market be at par or over. Investment of special trusts Sec. XII. That the said corporation shall have power to receive money on deposit, paying therefor such interest, if any, as may be agreed upon, and to receive valuables, or other articles, or personalty of any sort or kind, on deposit, for safe keeping, charging and receiving therefor such sums of money as may be agreed upon; and may have a separate savings' department if it pleases, and shall have power to loan and borrow money, to take and give therefor such securities as may be considered best, to

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make advances on real or personal property, or both, to invest its funds in such manner and upon such terms as it may deem best; and transfer its property at pleasure, to charge and receive in addition to interest such commission on moneys advanced and negotiating loans as may be agreed upon; to purchase, discount, collect or sell notes, bills of exchange, bonds, securities and other choses in action; to do all other acts it may deem advisable for the safe keeping and the secure and profitable investment of its funds; and generally, to do all acts and things usually done in carrying on a banking business; Provided , that nothing in this section or Act contained, shall be construed to authorize said bank to charge, collect, reserve or receive, other than lawful interest, whether as commissions, or otherwise. Farther powers. Sec. XIII. Married women and minors shall be competent to make deposits with said bank, and their check, or receipts for the same shall be a sufficient discharge to the bank, and such deposits shall not be subject to the claim, control, or debts of the husband of such married women, or the parent or guardian of such minor. Married women and minors may deposit. Sec. XIV. That the said bank shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable to the extent of the full amount of their respective unpaid stock subscribed for by them, for the debts of the bank in proportion to the number of shares held by them. Liability of bank and its stockholders. Sec. XV. That this charter shall be of force and effect for the term of fifty (50) years. Sec. XVI. That all laws, or parts of laws, in conflict with this Act be, and the same are hereby, repealed. VETO. Executive Department, State of Georgia, Atlanta, Ga., December 8th, 1880. The foregoing Act is disapproved. Section 14 makes the stockholders liable for the debts of the bank to the extent of their unpaid stock, and to that extent only. I do not think it wise or just to thus limit their liability. The bank is authorized to receive deposits to an unlimited extent. Executors, administrators and guardians are allowed to deposit in it the funds of the estates and persons they represent. Where so much power is given to contract debts, there ought to be a better guaranty that they will be paid. If individuals become indebted, there is no limit to their liability to pay. Why should a bank or its stockholders be placed on a more favorable footing? Besides, it has become the well-settled policy of this State to incorporate in bank charters a provision making the stockholders responsible for the entire indebtedness of the corporation. I regard this policy as eminently sound and wise, and withhold my signature to the Act referred to because it fails to conform to it. Veto. Alfred H. Colquitt, Governor .

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Attorney-General's Office, State of Georgia, Atlanta, Ga., September 3d, 1881. Hon. N. C. Barnett, Secretary of State, Atlanta, Ga. ; SirYour communication, handed me yesterday, requests me to give you my opinion as to the status of An Act to be entitled An Act to incorporate the Commercial Bank of Savannah, which you state has been deposited in your office by the Governor, with the expression of his disapproval attached. It appears that the bill passed on the 4th day of December, 1880, and was submitted to the Governor for his approval. He attached his disapproval thereto on the 9th day of that month, but the Legislature having adjourned on the 6th day of December until July, 1881, and not being in actual session when the bill was vetoed, the Governor retained the bill, thus vetoed , in his office until deposited by him in your office on yesterday or the day before. These are the facts, as I learn them from the records and the statement of the Governor, The bill was never returned to the house in which it originated with the disapproval of the Executivewhich the Constitution imperatively requires should be done within five days (Sundays excepted), unless the General Assembly by its adjournment prevents. The Legislature not being in actual session when the veto was signed, the Governor made the mistake of supposing that it had, by adjournment, prevented the return of the bill. It is well settled that the adjournment contemplated by the constitution is final adjournment. Had the bill, with the Executive disapproval, been delivered to either the presiding officer or clerk of the house in which it originated within five days after it was submitted to the Governor, or been sent back within five days after the re-assembling of the Legislature in July, 1881, I think it would have been sufficient and the veto would have become operative, unless overruled by a two-thirds' vote of the two houses; but not having left the Executive office until deposited, as stated, in your office, I am clear in the opinion that the attempted veto became inoperative, and that the bill has become, and is, a law , Opinion of Attorney-General. The correctness of this opinion will clearly appear by an examination of the following authorities: Cooley on Const. Limitations, top pp. 186, 187; 45th New Hampshire Reports, 607; 39th California Reports, 540, Very respectfully, Clifford Anderson, Attorney-General of Georgia . Note.The foregoing Act is printed, notwithstanding the veto of His Excellency, the Governor, because of the following opinion of the Attorney-General.Compiler.

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TITLE II. RAILROAD AND CANAL COMPANIES. ACTS. Buena Vista Railroad Company incorporated. Atlanta and Alabama Railroad Company incorporated. Rome and Chattanooga Railroad Company incorporated. Charter of Gainesville, Jefferson and Southern Railroad Company amended. Charter of Gainesville, Jefferson and Southern Railroad Company amended. Charter of Stone Mountain Granite and Railway Company amended. Rome and Carrollton Railroad Company incorporated. Charter of Skidaway Narrows Canal Company incorporated. Vernon and Ogeechee Canal Company incorporated. Cleveland and Lula Railroad Company incorporated. Cincinnati and Georgia Railroad Company incorporated. Milltown Branch Railroad Company incorporated. Charter of Savannah, Florida and Western Railway amended. Broad River Railroad Company incorporated. Union Railroad Company incorporated. Tennille and Wrightsville Railroad Company incorporated. Covington and South River Railroad Company incorporated. Logansville Railroad Company incorporated. Amendatory of an Act for constructing a railroad from Athens to Clayton, Ga. Charter of Gate City Street Railroad amended. Charter of Walton Railroad Company amended. Georgia Southern and Florida Railroad Company incorporated. Gainesville, Blairsville and State Line Railroad Company incorporated. Chattaboochee Canal Company incorporated. Romney Marsh Canal and Navigation Company incorporated. Cummings and Suwanee Railroad Company incorporated. Indian Springs Railroad Company incorporated. Monticello and Trans-Ocmulgee Railroad company incorporated. Greenville and White Sulphur Springs Railroad Company incorporated. Brunswick and Flint River Railroad Company incorporated. Charter of railroad from Elberton to New York and New Orleans Air Line incorporated. Rome Southern Railroad Company incorporated. Rome Canal and Water Company incorporated. Middle Georgia Railroad Company incorporated. Savannah Freight Tramway Company incorporated. Savannah Transportation Company incorporated. Covington and North Georgia Railroad Company incorporated. Covington and Ocmulgee Railroad Company incorporated. Charter of Talbotton Branch Railroad Company amended. Kingston, Walesca and Gainesville Railroad Company incorporated.

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Charter of Bainbridge, Cuthbert and Columbus Railroad Company amended. Elberton and Point Peter Railroad Company incorporated. Elberton and Petersburg Railroad Company incorporated. Cedartown Railroad Compang incorporated. South Side Street Railroad Company incorporated. Etowah and Blue Ridge Railroad Company incorporated BUENA VISTA RAILROAD COMPANY INCORPORATED. No. 4. An Act to incorporate the Buena Vista Railroad Company, and for other purposes therein named. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That Eralbert W. Miller, Thomas L. Rogers, Edgar M. Butt, James M. Lowe, James L. Baker, James H. Dunham, W. J. Short, Mitson Melton, John A. Sheppard, I. P. Blue, J. M. Gill, John F. Hollis, James D. Wilson, John L. Matthews, John W. Slaughter, J. R. Rushin, J. W. Ansley, M. Hair, T. B. Lumpkin, Jno. R. Short, H. Z. Burt, George W. C. Munro, Putman Stevens, Joseph S. Rogers, Robert Clements, Matthew Melton, C. H. McCall, E. M. Tharpe, S. B. Story, B. A. Story, Wm. B. Butt, A. P. Belk, S. W. Woodruff, F. L. Wisdom, Seaborn Montgomery, M. G. Brady, M. R. Edwards and L. W. Wall, or a majority of them, are hereby constituted a body corporate and politic by the name and style of the Buena Vista Railroad Company of Georgia, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators. Name of corporation. Rights and liabilities. Sec. II. Be it enacted , That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed five hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That when the sum of twenty-five thousand dollars shall have been subscribed to the capital stock of said company, that the corporators, or a majority of them, shall, by publication in some public gazette for thirty days, convene the subscribers, or a majority of them, for the purpose of electing from their own number a board of five directors to manage and control the affairs of said company for one year, or until their successors are elected and installed, and said Board of Directors, as well as all other boards which may thereafter be elected, shall select from its own number a president, and have power to

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adopt by-laws for its own control, and to appoint and employ such officers, agents and servants as it may deem proper. That at the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share subscribed by him or her, or which he may represent by power of attorney, and, in all elections hereafter, each person shall be only entitled to one vote for each share of the capital stock of said company, which he or she may own or represent by power of attorney, upon which twenty per cent. has been paid; Provided , that no one shall be excluded from voting if the twenty per cent. has not been called for. Election of Directors. Number of Directors. Power of Directors. Right of stockholders to vote. Sec. IV. Be it further enacted , That when said Board of Directors shall have been duly elected as heretofore prescribed in section 3 of this Act, then the corporators shall turn over to them, the said directors, the books of subscription to the said capital stock of said company, together with all other books and papers appertaining to the business of said company. Books of subscription and papers to be turned over to Directors. Sec. V. Be it further enacted , That the said company shall have power to construct, maintain, equip, and use a railroad from Buena Vista, Marion county, Georgia. either to Geneva or Bostick, on the Southwestern railroad, in the county of Talbot, said State, and that the right-of-way of said company shall not exceed two hundred feet. Power of corporation and route of road. Sec. VI. Be it further enacted , That in all cases where a question of the right-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the work of the company may proceed as if there was no disagreement, but in such event the Sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five disinterested free-holders of said county, who shall assess the damage to be paid by said company, after being sworn to take into consideration the enhanced value of said land from the building of said road, and to do justice between the parties, and the finding of said jury shall be final and conclusive against both parties; Provided , each has received from said Sheriff ten days' notice of the time and place of meeting of said jury, and neither party shall appeal to the Superior Court within ten days thereafter. Disputes over right-of-way. Enhanced value of land to be considered. Appeal. Sec. VII. Be it further enacted , That said company shall have power to receive land in payment or part payment of the subscription to its capital stock, at such valuation as may be agreed on, or may be assessed by three free-holders under such rules and regulations as may be adopted by it; and to mortgage, lease, sell, or otherwise dispose of said lands as shall be deemed most advantageous to its interest. Payment for stock. Sec. VIII. Be it further enacted , That when the subscribers to the capital stock of said company shall have convened and elected

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a Board of Directors under the provisions of this Act, they and their associates and successors shall be deemed, held and considered, as a body politic and corporate under the name and style of the Buena Vista Railroad Company of Georgia, with perpetual succession, and the rights, powers, and privileges and liabilities usual and necessary to such corporations. When company shall be deemed and held a corporation. Sec. IX. Be it further enacted , That until after a Board of Directors shall have been duly elected and installed into office, the corporators, or a majority of them, shall have all the powers of the Board of Directors to be elected, and may do and perform every act that said Board of Directors may, might, or could do when legally and regularly elected. Power of corporations before election of Directors. Sec. X. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved December 3rd, 1880. ATLANTA AND ALABAMA RAILROAD COMPANY INCORPORATED. No. 38. An Act to incorporate the Atlanta and Alabama Railroad Company, and to authorize it to construct, equip and operate a railroad from Atlanta, in the State of Georgia, to some point on the line of the State of Alabama, in the direction of the Alabama coal fields, passing through the counties of Cobb, Douglass, Campbell, Carroll and Haralson, or either of said counties, as the Board of Directors of said company may deem most expedient, and for other purposes. The General Assembly of the State of Georgia do enact : Section I. That Alfred Austell, Anthony Murphey, Samuel M. Inman, James W. English, John Collier, Benjamin E. Crane, E. P. Howell, W. P. Inman, J. F. Cummings, A. D. Adair, W. A. Moore, E. W. Marsh, John M. Hill, John R. Grambling, Robert D. Spalding, Robert C. Clarke, Thomas M. Clarke, Wm. L. Calhoun, R. C. Mitchell, G. W. Adair, R. J. Griffin, A. B. Culberson, Wm. T. Newman, James R. Wylie, and such other persons as they may associate with them be, and they are hereby, created a body politic and corporate under the corporate name and style of the Atlanta and Alabama Railroad Company, for

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the purpose of constructing, equipping and operating a railroad from Atlanta, in the State of Georgia, to some point on the line of the State of Alabama, in the direction of the Alabama coal fields, passing through the counties of Cobb, Douglass, Campbell, Carroll and Haralson, or either of said counties, as the Board of Directors of said company may deem most expedient; and by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State or the United States; may make contracts in their corporate name, may purchase, hold and convey property, both real and personal, may have and use a common seal, may make all necessary by-laws, rules and regulations, may appoint all necessary officers, and do all other proper acts necessary and incident to the building, equipment, management, control and operation of said road; Provided , that their by-laws, rules and regulations are not repugnant to the constitution and laws of this State or the United States. Corporators. Name of company. Purposes and route of road. Rights and liabilities, Sec. II. Be it further enacted , That the officers of said company shall consist of a president, vice-president, and seven directors, and such other officers as may be provided for in the by-laws of said company. The president, vice-president and seven directors, shall be elected annually from the date of the first election as hereinafter provided by the stockholders of said company. Officers. Their election. Sec. III. Be it further enacted , That the persons named in the first section, or any ten of them, may meet at any time after the passage and approval of this Act, and provide for opening books of subscription and receiving subscriptions to the stock of said company, and to that end may provide a temporary organization to continue until an organization shall be perfected by the stockholders of said company. The books for subscription to stock, shall be opened in the city of Atlanta and at such other points as may be deemed advisable, and kept open so long as may be necessary. Opening books of subscription. Sec. IV. The capital stock of said company shall be two million dollars ($2,000,000), divided into shares of one hundred dollars ($100) each; the capital stock of said company may be increased by the stockholders as may be deemed necessary from time to time, not to exceed five million dollars ($5,000,000). Capital stock. Sec. V. That whenever five hundred thousand dollars ($500,000) of the stock of said company shall have been subscribed for, bona fide , the stockholders shall meet and effect an organization of said company and shall be authorized in their discretion to proceed with the work of constructing said road. Organization of company. Sec. VI. That said company shall have power to hold in fee simple to them and their successors, or to receive as donations, any lands, tenements or hereditaments that they may find necessary for the site on and along which to locate and run said railroad;

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and also to purchase and hold any land contiguous to, or in the vicinity of, said railroad that may be necessary in repairing said railroad, and such as may be necessary to the erecting of toll-houses, store-houses, and all other buildings that may be necessary and useful to said railroad or the business thereof; and also all rights-of-way on land and all necessary privileges on water courses that may be on or across the route of said road; and in all cases in which any controversy or difficulty may arise between individuals or corporations and said company, or their directors, as to the right-of-way or damages of the land on which the same may be located, or as to the necessary privileges of water courses, it shall and may be lawful for either to summon two (2) free-holders each, and the four (4) to summon the fifth (5), all of whom shall be sworn to enter upon the land sought to be appropriated to the use of said company, to take such matter into consideration, and award in writing the amount in damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county where the land lies, within ten days from the delivery of the award. In assessing the damages, the free-holders or the jurors to take into consideration any prospective enhanced value to the property of such owners, and to hear evidence touching the same; and upon the payment of damages so awarded, a fee-simple title to such lands and privileges shall vest in said company. Powers of corporation. Controversies as to right-of-way. Right of appeal. Enhanced value of land may be considered. Sec. VII. That said company shall have power to receive land or other property in payment of the subscriptions to the capital stock at such valuation as may be agreed upon, or may be assessed under such rules and regulations as may be adopted by it; and to mortgage, lease or sell such land, as may be deemed of the best interest to the company. Payment of subscriptions. Sec. VIII. That said company shall have power and authority to run parallel with any railroad running out of the city of Atlanta, not to exceed the distance of twenty (20) miles; and also authority to cross any railroad or road, except the Western and Atlantic railroad; Provided , that the said Atlanta and Alabama Railroadshall not in any way make any discrimination for or against any connecting railroad, but shall furnish equal facilities to all business coming from or going over any of said connecting railroads. Rights as to other railroads. Sec. IX. That the principal officers of said company, for the transaction of its business, and the machine, car and other shops for the manufacture and repair of cars, engines and other work of said company, shall be located in Fulton county, Georgia. Location. Sec. X. That said Atlanta and Alabama Railroad Company, acting by its Board of Directors, may borrow money by the issue of bonds of said company, of such amounts and such denominations as the Board of Directors may direct, not to exceed three million dollars, which may have interest coupons attached thereto

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or not, in the discretion of said board, said bonds to run such length of time and bear such rate of interest as said Board of Directors may determine, and be payable either in the city of New York or the city of Atlanta, or both, as the Board of Directors may deem advisable; and for securing the payment of said bonds and their interest, the said railroad company, by its said Board of Directors, may make or execute such mortgage or mortgages, to trustees or otherwise, upon the whole or any part of the property of said company, and its rights and franchises, as may be deemed by the board to the best interest of the company, said bonds and mortgages shall be signed by the president and treasurer of said company, and have the corporate seal of said company attached thereto; and any such mortgage shall be executed and delivered according to the laws of this State; Provided , that such bonds and mortgages shall only be issued and executed whenever the Board of Directors, or a majority thereof, shall so direct by resolution entered upon the minutes of said board, which resolution shall fully describe the character and amount of such bonds and mortgages. Right to borrow money and issue bonds. May make mortgages. Sec. XI. That said company shall have all the rights, powers, and privileges granted by the Legislature of this State to the Georgia Western Railroad Company, and shall also have authority to purchase, build, equip, and operate such railroads and branches of railroads as may be deemed advisable by the company. Has all rights granted to Georgia Western Railroad. Sec. XII. That in all meetings of the stockholders of said company, a majority of the stock subscribed, and upon which all installments called for have been paid, shall be represented in person or by proxy, and each share thus represented shall be entitled to one vote. All the rights, powers, and privileges granted in the above and foregoing shall continue for and during the term of thirty years; Provided , that nothing herein contained shall be so construed as to exempt said railroad company from State, county and municipal taxes imposed by law, and, provided, further , that the line of said road shall run within one mile of the court-house in Douglasville, Douglass county. Right of stockholders. Term of corporation. Sec. XIII. All laws or parts of laws in conflict with the above Act, or any rights therein granted be, and the same are hereby, repealed. Approved December 7th, 1880.

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ROME AND CHATTANOOGA RAILROAD COMPANY INCORPORATED. No. 43. An Act to incorporate the Rome and Chattanooga Railroad Company, and to grant certain powers and privileges to the same and to authorize said road to consolidate its road with any other road incorporated by this State or the State of Tennessee, and for other purposes. Section I. Be it enacted , That for the purpose of constructing a railroad from the city of Rome, Georgia, in the direction of Chattanooga, Tennessee, John W. Maddox, of Chattooga county, D. B. Hamilton, of Floyd county, H. M. Smith and J. Branham, of Rome, Georgia, K. R. Foster, of Chattooga county, Joel Withers, of Walker county, C. A. Thornwell, of Floyd county, their associates and assigns be, and they are hereby, declared to be a body politic and corporate by the name and style of the Rome and Chattanooga Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase and receive, have, hold, use and enjoy and possess such real and personal property as may be necessary and proper for the use of said railroad company. Corporators. Name of corporation. Rights and privileges. Sec. II. Be it further enacted , That the capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of one million five hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That no subscription to the capital stock of said company shall be received by the corporators except such as are of known solvency and collectable by law, and when the sum of two hundred thousand dollars shall have been subscribed to the capital stock of said company the corporators, or a majority of them, shall, by publication in some publication in some public newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice, for the purpose of electing from their own number a board of not less than five directors to manage and control the business of said company for one year, and until their successors are elected and qualified, and said Board of Directors, as well as other Boards of Directors that may be thereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the government and control of the board and company, and to appoint and employ such officers, agents and servants as may be deemed proper by said Board of Directors. Subscriptions to stock. First election of Directors. Powers of Directors.

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Sec. IV. And be it further enacted , That in the election herein provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent, as proxy, by power of attorney, upon which ten per cent. has been paid; Provided , no subscriber shall be excluded from voting if ten per cent has not been called for. Rights of subscribers for stock. Sec. V. And be it further enacted , That when said corporators have complied with the requirements set forth, and an election for a Board of Directors shall have been held, as provided for in this Act, the books of subscription to the capital stock of said company, together with all other books and papers appertaining to the business of said company, shall be turned over to said Board of Directors, and the powers of the corporators shall cease. Books and papers to be delivered to Directors. Sec. VI. And be it further enacted , That when the subscribers to the capital stock of said company shall have convened and elected a Board of Directors under the provisions of this Act, they and their associates and successors, shall be deemed, held and considered, a body politic and corporate under the name and style of the Rome and Chattanooga Railroad Company, with perpetual succession and the rights, powers and privileges usual and necessary to such a corporation. When incorporation is complete. Sec. VII. And be it further enacted , That said company shall have power to survey, locate, construct, build, maintain, equip, use and operate a railroad from Rome, Georgia, in the direction of Chattanooga, Tennessee, passing through the counties of Floyd, Chattooga and Walker. And said company shall have power to accept, purchase, lease, have, hold and convey and property, real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery and do such other things as it may deem proper for its advantage and benefit. Powers of corporation and route of road. Sec. VIII. And be it further enacted , That in all cases where a question of right-of-way arises, and the company can not agree with the owner or representative of the land upon which it is proposed to enter, the work of the company may proceed as if there was no disagreement; but in such event the sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five disinterested free-holders of said county, who shall assess the damages to be paid by said railroad company, after being sworn, to take into consideration the enhanced value of said land from and in consequence of the building of said railroad, and to do justice impartially between the parties, which assessment shall be final and conclusive between the parties, unless an appeal shall be entered to the superior court of the county within four days from the decision. Which may be done by either party upon complying with the rules heretofore existing for appeals in the superior court; each party shall be

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entitled to ten days' notice, of the time and place of hearing, by the Sheriff. Disputes as to right-of way. Enhanced value of property may be considered. Right of appeal. Sec. IX. And be it further enacted , That the said company shall have power to receive land or other property, as part payment of the subscription to its capital stock, at such valuation as may be agreed on under the rules, regulations and by-laws of said company. Payment of stock subscriptions. Sec. X. And be it further enacted , That until a Board of Directors shall have been duly elected and installed into office, the corporation, or a majority of those named, shall have all the powers of the Board of Directors to be elected, and may do and perform every act that said Board of Directors may, might, or could do, when legally and regularly elected. Powers of original corporators. Sec. XI. And be it further enacted , That said railroad company may contract, loan, borrow money, mortgage its property, real and personal, and the franchise, and to do and perform any other act which may be to its interest or advantage, not inconsistent with the laws of this State. Farther powers of corporation. Sec. XII. And be it further enacted , That in case of the failure of said corporation, the stockholders shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by him, until the said subscription is fully paid up, or until the stockholder shall have paid, out of his private funds, debts of the said corporation to an amount equal to his unpaid subscription. Liability of stockholders. Sec. XIII. And be it further enacted , That the said company shall have power and authority to consolidate its road and franchise with any other railroad company or companies now, or to be hereafter, incorporated by this State, or the State of Tennessee, upon such terms as may be agreed on by them. Right to consolidate with other roads. Sec. XIV. Be it further enacted , That unless the sum of one hundred thousand dollars shall have been expended on the roadbed of said company, within three years from the date of the passage of this Act, this charter shall be deemed and held as forfeited. Charter shall be forfeited unless certain work be done. Approved December 7th, 1880.

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CHARTER OF THE GAINESVILLE, JEFFERSON AND SOUTHERN RAILROAD AMENDED. No. 57. An Act to amend an Act entitled An Act to incorporate The Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23d, 1872, so as to authorize said railroad company to increase the number of its directors, to issue, or to ratify the issue, of bonds, and to secure the same by a mortgage of its franchises and property, and to fix the principal office of said corporation. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act entitled An Act to incorporate the Gainesville, Jefferson and Southern Railroad Company, approved August 23d, 1872, be amended as follows, to wit: That the Gainesville, Jefferson and Southern Railroad Company be, and it hereby is, authorized and empowered to issue its bonds to the extent of two hundred and forty-five thousand dollars, payable in lawful money of the United States, and having such rate of interest as its Board of Directors shall decide. Power to issue bonds. Sec. II. Be it enacted, etc. , That the said The Gainesville, Jefferson and Southern Railroad Company, for the purpose of securing the payment of the bonds hereinbefore authorized to be issued, and of all interest to become due thereon, is authorized and empowered, through its proper officers, to mortgage all its property, estate, rights, privileges and franchises, now or hereafter to be, held, acquired or granted; such mortgage, or conveyance in trust by way of mortgage, to be good and sufficient in law and equity without the purchasers or holders of said bonds being required or held to see to the proper application of the purchase money to be paid for the same; such mortgage, or conveyance in trust by way of mortgage, to be executed after a resolution for that purpose passed by the Board of Directors of said company. Power to mortgage property. Sec. III. Be it further enacted, etc. , That the stockholders of the Gainesville, Jefferson and Southern Railroad Company are authorized to elect, at their first legal meeting, regular or special, after the passage of this Act, four additional directors; and at every subsequent regular election thereof, twelve directors, instead of eight as prescribed by the Act of which this Act is amendatory. Additional Directors. Sec. IV. Be it enacted, etc. , That the principal office of the Gainesville, Jefferson and Southern Railroad Company shall be in the city of Gaineville, in Hall county, Georgia, which said city shall be the legal residence of said company. Location of principal office.

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Sec. V. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved August 3d, 1881. CHARTER OF THE GAINESVILLE, JEFFERSON AND SOUTHERN RAILROAD AMENDED. No. 63. An Act to amend an Act entitled, An Act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23rd, 1872, so as to authorize said company to proceed at once to build a branch of their road from a point near the line between the counties of Hall and Jackson, to Monroe, in Walton county, or Covington, in Newton county, or some other point on the Georgia railroad, to be selected by the president and directors of said company, and to issue and sell the bonds of said railroad company to raise money to iron and equip said road and the branch herein authorized, and to secure the payment of the principal and interest of said bonds, by a mortgage of its franchise and property. Section I. The General Assembly of Georgia do enact , That an Act to amend an Act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23rd, 1872, be, and the same is hereby, so amended as to fully authorize and empower said railroad company, their associates, successors, and assigns to build, equip, and operate a branch railroad from Holly Spring, or some other point on its road near the line between the counties of Hall and Jackson, to Monroe, in Walton county, or Covington, in Newton county, or to such other point on the Georgia railroad as shall be selected by the president and directors of said Gainesville, jefferson and Southern Railroad Company. Power granted to build branch road from Holly Spring to Monroe or Covington. Sec II. Be it further enacted , That the said Gainesville, Jefferson and Southern Railroad Company be, and they are hereby, authorized and empowered to issue and sell the bonds of said company to such an amount as they may determine, in order to raise money to iron and equip said road, including the branch railroad herein authorized, and to secure the payment of the principal and interest of said bonds by a mortgage or mortgages, of any part, or all of its property and franchises. May issue and sell bonds to iron and equip roads.

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Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Repealing clause. Approved August 4th, 1881. CHARTER OF STONE MOUNTAIN GRANITE AND RAILWAY COMPANY AMENDED. No. 82. An Act to amend An Act entitled An Act to incorporate the Stone Mountain Granite and Railway Company, and to confer upon the same certain rights, powers and privileges, and for other purposes therein named, approved October 26th, 1870. Section I. Be it enacted , That the above entitled Act be amended by striking the word thousand, in the fourth line of section 4, and inserting in lieu thereof the hundred, so that said section, as amended, shall read as follows: And be it further enacted, That said Stone Mountain Granite and Railway Company may divide their capital stock, not exceeding five hundred thousand dollars, into such number of shares of one hundred dollars each, and issue certificates therefor, as they shall deem necessary and proper for the building, equipping and running said railway for the transportation of persons, freight, materials, implements, granite, and other things connected with the business and operations of said company. Value of shares changed. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11th, 1881. ROME AND CARROLLTON RAILROAD COMPANY INCORPORATED. No. 112. An Act to incorporate the Rome and Carrollton Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That John W. Rounsaville, James A. Rounsaville,

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Samuel Morgan, Hugh D. Cothran, Robert T. Fouche and John H. Reynolds, and their associates and such other persons as may become stockholders in said company, be and they are hereby, created a body corporate under the name and style of The Rome and Carrollton Railroad Company, and may have and use a common seal which may be altered, and by said name may sue and be sued in any of the courts of this State. Corporators. Name of corporation. Rights and liabilities. Sec. II. Be it further enacted , That said company, by its Board of Directors, may make such rules and by-laws for the management of the business of said company as are reasonable and just, and not inconsistent with the constitution and laws of this State and of the United States. Rules and by-laws. Sec. III. Be it further enacted , That said company shall have power and authority to survey, lay out, construct, and equip and use a railroad of such guage as they may elect from the city of Rome, Georgia, by way of Cedartown, in Polk county and Buchanan, in Harralson county, to the town of Carrollton, in said State, and by or upon such route as they may choose or adopt, and use and enjoy the same, and to charge for the transportation of passengers and freight such rates as may be just, reasonable and legal. Powers of corporation and route of road. Sec. IV. Be it further enacted , That the capital stock of said company shall be one million of dollars, to be divided into shares of one hundred dollars each, which said capital stock may be increased to a sum not exceeding two millions of dollars; and books for the subscription to said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed upon by said incorporators or a majority thereof. Capital stock. Value of shares. Opening of books of subscription. Sec. V. Be it further enacted , That when the sum of fifty thousand dollars shall have been bona fide subscribed to the capital stock of said company, it shall be the duty of the corporators or a majority of them, to call a meeting of the stockholders at such place as may be agreed on by them, of which meeting twenty days' notice shall be given in a newspaper published in the city of Rome, Georgia, at which meeting the stockholders shall elect seven directors to manage the affairs of said company, and the directors so elected shall elect one of their number as president of the company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock subscribed shall be represented in person or by written proxy. Meeting for election of Directors. Power of Directors. Sec. VI. Be it further enacted , That the president and directors shall hold their offices one year, or until their successors are elected, and shall in their by-laws fix the time and manner of holding meetings of the stockholders for the election of directors; and at the annual and special meetings of stockholders, each stockholder shall have one vote for each share of stock owned by

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him or her, and the votes shall be cast by the stockholders in person or by proxy in writing. Term of officers. Right of stockholders. Sec. VII. Be it further enacted , That the Board of Directors shall have power and authority to elect a secretary and treasurer of the company under such rules and by-laws as they may adopt, and to fix the salaries of all the officers of the company, and to fill all vacancies that may occur in their own body until the next meeting of the stockholders; a majority of the board, including the president, shall constitute a quorum, and in case of the absence of the president, a member of the board may be chosen to act as president pro tempore . Subordinate officers. Sec. VIII. Be it further enacted , That said company shall have the power, so soon as fifty thousand dollars is subscribed, to call the same in, in such installments as the board may direct, and to collect the same by suit, and to commence the building of said road as soon as said amount of stock is subscribed. Payment of stock. Sec. IX. Be it further enacted , That so soon as any stockholder has paid up the full amount of stock subscribed by him or her, it shall be the duty of the company to issue to him or her a certificate of stock, which said certificate shall be signed by the president and countersigned by the secretary, with the seal of the company attached, and such stock may be transferred on the books of the company by the owner thereof, or by his or her attorney in fact appointed for that purpose. Certificates of stock. Their transfer. Sec. X. Be it further enacted , That said company shall have the power to receive as a gift and to purchase all such real and personal property as may be necessary for the use of said company for constructing their railroad, and such depots, side-tracks and turnouts as may be necessary. Power to receive and hold property. Sec. XI. Be it further enacted , That in the event said company, and the owner of any land through which said company desires to build its road (whether said land be in the hands of the owner or a trustee, executor, administrator or guardian), cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county in which the land lies, to summon a jury of five disinterested freeholders, who shall go where the land required is situated, and examine the land and such witnesses as the parties desire, and assess the damage; and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the benefits accruing to said land by reason of the building of said railroad, but in no case shall the jury give less damages than the actual value of the land to be taken. The party moving shall in all cases give to the opposite party ten days' notice of the time and place of trial; and either party shall have the right to enter an appeal to the next Superior Court of the county, by complying with the law in relation to appeals to the Superior Courts. The sheriff shall have the sum of five dollars

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for summoning said jury and attending the trial, and the jurors shall have the sum of one dollar each for every day they serve, and the witnesses seventy-five cents per day each, to be paid by said railroad company; and the Sheriff or his deputy shall have power to swear the jury and witnesses in all such cases; and when the assessment so made shall be paid, then the land shall vest in said company. Disputes as to right-of-way. Enhanced value of land may be considered. Appeal. Sec. XII. Be it further enacted , That said company shall have the right to take for its right-of-way a strip of land not exceeding two hundred feet wide, and shall have the right to buy and sell also such real estate as they may desire. Right-of-way allowed. Sec. XIII. Be it further enacted , That said company shall have the power to issue bonds in such amounts as they may desire, and may mortgage all their railroad, its right-of-way, rolling stock and franchise, for the purpose of securing its bonds, and may issue its notes to creditors. Power to issue bond and mortgage property. Sec. XIV. Be it further enacted , That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock and no further. Liability of stockholders. Sec. XV. Be it further enacted , That said railroad company shall have the right to purchase any other railroad in this State and its property and franchise, or any part thereof, upon such terms and conditions as may be agreed on by the stockholders of both the contracting companies; Provided , that no such contract shall have the effect, or be intended to have the effect, to defeat or lessen competition or to encourage monopoly. Right to purchase other roads. Sec. XVI. Be it further enacted , That the principal office and place of business of said company shall be at Rome, in Floyd county, Georgia. Principal office. Sec. XVII. Be it further enacted , That the Board of Directors may at any time call special meetings of the stockholders at the principal place of doing business, and any business of the company may be transacted at such special meetings; Provided , a majority of the stock is represented at each meeting. Twenty days' notice shall be given, in a newspaper in Rome, Georgia, of any special meeting. Meetings of stockholders. Sec. XVIII. Be it further enacted , That all laws in conflict with this Act be repealed. Approved August 30th, 1881.

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CHARTER OF SKIDAWAY NARROWS CANAL COMPANY AMENDED. No. 113. An Act to amend an Act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named, approved October 18th, 1876, so as to strike out the clause requiring the completion of twenty miles thereof in five years. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the fifth section of said Act be amended by striking from the latter part of said Act the words, and unless twenty miles thereof shall be completed within five years thereafter. Clause of charter requiring completion of 20 miles in five yearsstricken. Sec. II. And it is further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved August 30th, 1881. VERNON AND OGEECHEE CANAL COMPANY INCORPORATED. No. 121. An Act to incorporate the Vernon and Ogeechee Canal Company, and to grant certain privileges therein named. Section I. Be it enacted by the General Assembly of the State of Georgia , That Benjamin B. Ferrill, together with such other persons as may become associated with him under this Act be, and they are hereby, created a body corporate and politic, by the name of The Vernon and Ogeechee Canal Company, and under that name they and their successors and assigns shall continue such body corporate and politic, and as such may sue and be sued, answer and be answered unto, defend and be defended in all the courts of the State of Georgia, or in any place whatever having jurisdiction over any matter, dispute, or transaction touching the business affairs of such company; to make by-laws, rules and regulations for its government, not inconsistent with the laws and the constitution of the State, or of the United States, and to do all lawful acts incident to a corporation, and necessary and proper for the transaction of the business for which it is incorporated; that said company may determine as to the number of directors,

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the time and mode of electing them, and to have a common seal, and to alter and destroy the same at pleasure. Corporators. Name of corporation. Rights and liabilities. Sec. II. Be it further enacted , That said company shall have the right, power, and authority to build, construct, own and maintain a canal of such dimensions as it shall deem suitable, from such point on the Vernon river, in the said county of Chatham, as it may select, as it may deem necessary in constructing said canal to connect with the Ogeechee; the true intent and meaning of this Act being to encourage and authorize the opening, deepening and straightening a canal to connect the Vernon and Ogeechee rivers, and for this purpose the said company shall have full power and authority to improve by slack-water, dams or otherwise, any and all of the creeks or streams which will flow into, or may be made to connect with, the said canal; the said company shall likewise have the right, power, and authority to acquire by purchase or otherwise, and to hold for their own use and purposes, all rights-of-way, or any other rights, franchises or property, necessary to the carrying out the purposes of this charter; but nothing in this Act shall be construed to authorize the said company hereby incorporated to close, obstruct, or take possession of any navigable water course. Powers of corporation. Route of canals. Dams, use of steams, etc. Rights-of-way. Sec. III. Be it further enacted , That the said company shall have power to collect such rates of toll as may be just and reasonable from time to time, on all lumber, logs, rafts, steamboat or other water craft, that may be transported over, conveyed or passed through the said canal, or through the slack-water improvements made by the company to connect with it or any part thereof; but the toll or charge on rafts of timber or saw-logs shall not exceed five cents per thousand feet, and the said company shall have a lien on the property so passed or conveyed through said canal or slack-water improvements of said company, until the said toll or charges are paid, which said lien may be enforced as other liens on personal property. May collect toll. Lien on property passed through canals. Sec. IV. Be it further enacted , That the capital of said company shall be fifty thousand dollars, which may be increased to one hundred thousand dollars, if the company shall deem such increase necessary, to enable them to complete the said canal and slack-water improvements, and the same may be divided into such number of shares as may be fixed by the company's by-laws, authorized in the first section of this Act. Capital stock. Sec. V. Be it further enacted , That if any person or persons shall willingly damage, injure or obstruct said canal or any of its appurtenances, such person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by fine and imprisonment, or either, in the discretion of the Court. Penalty for damaging property of corporation. Sec. VI. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 31st, 1881.

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CLEVELAND AND LULA RAILROAD COMPANY INCORPORATED. No. 123. An Act to incorporate the Cleveland and Lula Railroad Company, the road to be constructed from some point at or near the junction of the Northeastern Railroad with the Air Line Railroad, in Hall county, the most convenient and practicable route to Cleveland, in the county of White, and to grant to it certain privileges, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That Samuel N. Bosworth, William B. Bell, Joseph W. H. Underwood, William H. Logan, Isaac Oakes, Rufus R. Asbury, Cyrus P. Craig, Riley F. Kenimer, William A. Reaves, William H. Courtney, James H. Nichols, James M. Dean, Abner F. Underwood, Joseph D. Cooley, Calvin H. Kytle, James Glen, William F. Sears, Gabriel M. Bryan, William B. Burk and John J. Kimsey, and associates, be, and they are hereby, created and constituted a body politic and corporate by the name and style of the Cleveland and Lula Railroad Company, and as such may sue and be sued, plead and be impleaded; may have and use a common seal and alter the same at pleasure; may purchase, hold and convey any property, real or personal, necessary or convenient to the uses of the charter herein granted. Corporators. Name of corporation. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That the said company shall have power to survey, lay out, construct, equip and use, a railroad from some point at or near the junction of the Northeastern Railroad with the Air Line Railroad, in Hall county,. Georgia, the most convenient and practicable route to Cleveland, in White county, Georgia, and to carry travelers and freight over said road. To open books and procure subscriptions for stock at such times and places as may be thought proper, by a majority of the directors hereinafter named; to borrow money and make contracts on account of said railroad; to lease or sell the same if they choose; Provided , a majority of the stockholders shall consent to such sale or lease, and, provided , such sale is not made in such way as to create a monopoly and prevent competition, or tend to prevent the construction and operation of said railroad. Powers of corporation and route of road. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not be less than one hundred thousand dollars, and shall be divided into shares of fifty dollars each, and whenever said one hundred thousand dollars are subscribed, and twenty per cent. thereof actually paid in, the stockholders shall elect a president and nine directors, and each

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share shall be entitled to one vote. Five shall constitute a quorum of the Board of Directors for the transaction of any business. Capital stock. Value of shares. Election of officers. Sec. IV. Be it further enacted by the authority aforesaid , That when a question of right-of-way shall arise, and parties may be unable to agree, the owner of the land may select a man, or his agent or attorney may do so, and the agent of the company shall select a man, and they shall agree upon the damages, if they can, and if they cannot, the 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 to the Superior Court within four days, according to law governing appeals; Provided , the right-of-way shall not be over one hundred feet in width. Disputes as to right-of-way. Appeal. Sec. V. Be it further enacted, etc. , That said company 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 and rules. Sec. VI. Be it further enacted , That if the work upon said road shall not be commenced in good faith within five years from the approval of this Act, then all the rights, powers and franchises herein provided for shall cease and be forfeited. Must be begun in five years. Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 31st, 1881. CINCINNATI AND GEORGIA RAILROAD INCORPORATED. No. 131. An Act to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That E. W. Cole, Samuel Thomas, George I. Seney, C. S Brice and Nelson Robinson, who are now the directors of said Macon and Brunswick Railroad, and their associates, successors and assigns, be, and they are hereby, incorporated and made a body corporate and politic, under the name and style of The Cincinnati and Georgia Railroad Company, and by that name they shall have continuous succession, and shall be able and capable to sue and to be sued, to plead and to be impleaded, in any court whatever, and may have and use a common seal, and may

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alter and renew the same at pleasure, and may make, change, and repeal by laws as herein stated, and said corporation shall have all the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its incorporation. It may purchase, condemn and acquire such rights of-way as may be necessary or proper, as hereinafter provided, and may acquire by purchase such real estate as may be necessary, and shall have power to issue stock, borrow money, issue bonds and secure the same by mortgage or deeds of trust, as hereinafter provided for. Corporators. Name of corporation. Rights and liabilities. May borrow money and mortgage property. Sec. II. Be it further enacted , That said corporation shall have authority to construct, purchase, own, operate and maintain a main line of railroad from Rome, in the county of Floyd, by way of Atlanta, Macon, Eastman and Jessup to Brunswick, in the county of Glynn, and of building such other extensions and branches, or either of them, from such main line to such point or points within this State as are now permitted by the charter of the Macon and Brunswick Railroad Company. And to more successfully accomplish these objects, said corporation shall have power to purchase from the present owners thereof the Macon and Brunswick Railroad, and to acquire, hold and enjoy all and singular of its rights, franchises, powers, privileges and immunities in addition to those named in this Act; and said corporation shall also have the right and power to purchase from or sell to any other corporation, person or company, whether within or without this State; Provided , that no sale shall be made to any corporation, person or company now engaged in running or operating a competing line of railroad within the State of Georgia. Any railroad, including its charter, franchises, rights and privileges, or any of its or their branches or extensions, upon such terms as may be agreed upon by the Board of Directors of the corporations, respectively, and the owner of said railroad charter, franchises, rights or privileges, which in each case is also hereby authorized to sell and convey, or lease the same, or any part thereof, or contract in relation thereto; Provided , that said corporation shall not have any power or authority to purchase or lease any other railroad parallel to its line, now built and being operated, other than those named herein, if said purchase would violate the constitution and laws of this State in relation to competition. Powers of corporation and route of road. May buy the Macon and Brunswick Railroad. May sell to or buy from other roads. May not sell to competing corporations. May not buy or lease any parallel line of road. Sec. III. Be it further enacted , That the capital stock of said corporation shall be sixteen millions of dollars, with the privilege of increasing the same from time to time, for the purpose of building, leasing or purchasing extensions or branches, or both, or of paying its debts, to any sum not exceeding twenty-five millions of dollars. Said capital stock shall be divided into shares of one hundred dollars each, and said capital stock may be divided into common

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stock, and preferred stock, as such corporation deems best; Provided , that each class of such stock shall be plainly described in the certificates issued therefor. Capital stock. Value of shares. Classes of stock. Sec. IV. And be it further enacted , That in all meetings of the stockholders of said corporation, 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 as personal property, and shall be transferable on the books of said corporation in such manner as may be provided for in the by-laws. Right of stockholders to vote. Transfer of stock. Sec. V. And be it further enacted , That the books of subscription to the capital stock of said corporation shall be first opened under the superintendence of said persons named in the first section of this Act, or a majority of them, acting in person or by proxy, in such place and on such day or days as said persons, or a majority of them, may deem expedient; and all subscriptions to such capital stock shall be paid in cash, or that which such persons may deem its equivalent, in installments as called for by the Board of Directors. Books of subscrition. Sec. VI. And be it further enacted , That in the event that any of the subscribers, at any time, to the capital stock of said corporation, 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 his, her, its or their name, then the said Board of Directors shall have power to declare said capital stock, and all installments previously paid on it, forfeited to said corporation, and said defaulting subscriber or subscribers shall be thenceforth debarred against all rights of recovery from said corporation 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 (90) days' published or written notice; and, provided, further , that in no instance shall a greater amount of the subscription already paid in than is necessary to meet the unpaid balance due the company by such delinquent be forfeited. Forfeiture of stock. Sec. VII. And be it further enacted , That the affairs of said corporation 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 one or more of said persons, as director or directors, the remaining persons shall have power to elect other persons as directors for the time being to act in their stead. Corporators shall manage corporation until election of Directors. Sec. VIII. And be it further enacted , 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 corporation, to be held in Atlanta, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, a majority of the stock voting being necessary to a choice. Meeting of stockholders.

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Sec. IX. And be it further enacted , That the affairs of said corporation shall be managed by a Board of Directors, to consist, unless enlarged as herein provided, of seven persons, a majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders, on such day and time, and on such published notice, as may be fixed by the by-laws; Provided , that at least thirty days' notice of all meetings of the stockholders of said corporation shall be given in some paper published in the city of Atlanta. At all elections and meetings of the stockholders, each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either in person or as guardian, executor, administrator, or as trustee. Said Board of Directors shall elect one of their number president, a majority of votes being necessary to a choice, and such president shall have such power and authority, and shall perform such duties, as may be provided by the by-laws. Said directors shall continue in office until their successors are elected and installed in office. The Board of Directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations, not in conflict with the constitution and laws of this State, or of the United States, as they may deem necessary or advantageous for the government of said corporation, or the management of its business; and to appoint all subordinate officers, agents, attorneys, servants of said corporation necessary or proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the Board of Directors, or in the offices of said company, by death, resignation, or otherwise. The Board of Directors shall have authority to enlarge the number of its members from time to time, so that the same may consist of not exceeding thirteen members. They shall have power to call in from time to time, as they may deem proper, such installments of the original, or the increased capital stock of said corporation, as may remain unpaid, from time to time, and at any time, and to receive cash, or what they may consider its equivalent in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind, to make contracts, to borrow money, to make notes or other evidences of debt, to issue bonds at any time, and from time to time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage, or any deed or deeds of trust or security, for the fulfillment by said corporation of its contracts, obligations, or liabilities of any and every kind. They shall have authority to lease, purchase, build, or contract for, and to own, use, hold or enjoy, any such steamship, steam vessels, sloops, schooners or sailing vessels of any and every kind, and barges or

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vehicles for water transportation of any kind they may deem necessary or beneficial for said corporation or its business, or to enable it to successfully compete with any other company, and they may lease, purchase, build, or contract for the use of any such wharves, dock, dock-yards, yards or compresses, as they may deem necessary therefor. Directors. Quorum. Election. Votes of stockholders. Officers. By-laws. Subordinate officers. Vacancies. Calls for installments of stock. General powers of Directors. May make mortgages or deeds of trust. Right to own and use vessels. Wharves, docks, etc. Sec. X. And be it further enacted , That said corporation is hereby invested with all and singular, the rights, powers and authority which are necessary or proper to enable it to locate, construct, use, enjoy and maintain its said railroad from Rome to Brunswick, as aforesaid, and such other extensions or franchises, or both, as hereinbefore authorized, and said corporation may also cross any other railroad or railroads in this State, and may run over any part of any other railroad or railroads, or its or their right-of-way necessary or proper to reach its freight depot, or the general or union, or common passenger depot in any city through or near which its said railroad may run; Provided , said corporation acquires the right to run over such part of any such railroad, or its right-of-way, as may be necessary or proper as aforesaid, by contract, lease, purchase, condemnation, or otherwise, and in the event said corporation does not acquire such rights to run over the track or right-of-way of any other railroad or railroads, by contract, lease, purchase, or other arrangement, then, and in that case, said corporation may acquire such right by condemnation as provided in this charter; provided , it shall not have any power to condemn more than three miles of the right-of-way, or the use of more than three miles of the track of any one railroad company, and it shall not have authority to condemn it for any other purpose than to reach the general, or union, or common passenger depot, or to reach a point where its own freight or passenger depot would be as eligible and accessible to the public as that of the other railroads coming to said city or cities, so that the public may have the full benefit of all competition between said railroads; and said corporation shall have authority to connect its tracks with the tracks of the other railroads in such cities, and to lay out such side tracks, switches and other means as are necessary to connect with such roads, or to all the depots aforesaid. Right to construct and maintain roads. May cross other roads or run over the same. Right to condemn track or right-of-way of other roads. Not more than three miles in length. Nor for any purpose but to reach certain depots. Sec. XI. And be it further enacted , That in the event that said corporation does not proccure from the owner or owners thereof by contract, lease or purchase, the titles to the lands or rights-of-way necessary or proper for the construction or connection of its said railroad and its branches or extensions, or necessary or proper for it to reach its freight depot, or the passenger depot in any city in this State, as provided in this charter, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over such rights-of-way or tracks of other railroads as aforesaid upon paying or tendering

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to the owner thereof, or to his or her, or its legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot or do not agree upon the damage done such other railroad company for the use of its right-of-way, or track as aforesaid, or to the owner or owners of the land which the corporation seeks to appropriate as a right-of-way, or for its purposes, the corporation shall choose one of the citizens of this State as its assessor, and the person or persons, or railroad company owning the land sought to be taken, or the right-of-way or track sought to be used, shall choose another as his, her, its or their assessor, and in case the persons owning such land, or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used, should fail or refuse to make such choice, or select some one to represent his, her, its or their interest, or should be an insane person, lunatic, idiot or minor, or under any disability from any other cause whatsoever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or right-of-way, or use of track so sought to be condemned is situated, to make such selection for such owner or owners, or railroad company so failing or refusing, or unable to make the same as aforesaid; Provided , that said corporation gives notice to said Ordinary that such owner or owners, or railroad company, fails or refuses to act as aforesaid, or is an insane person, lunatic, idiot or minor, or under disability from any other cause whatsoever, and has no legal representative. And the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered, both as to the benefits and as to the damage done the owner or owners of such right-of-way and right to use the same, and of such track sought to be used, or of such land sought to be condemned, as the case may be, they, or a majority of them, shall assess the damages and value of the property so sought to be condemned, and shall say in writing what sum said corporation shall pay for the rfght-of-way, right to use such track or land so sought to be condemned by it, and they shall fill their said award within ten days after it is made, in the office of the Clerk of the Superior Court of the county where said land or right-of-way or track sought to be condemned or used is located, and the said Clerk shall record the same, and it shall have all the force and effect of a judgment or decree rendered by the Superior Court of said county; and in case either party is dissatisfied with said award the party so dissatisfied, and in case he, or she, or they be under disability, and have no legal representative, the Ordinary aforesaid

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as the representative of such party, shall have the right, by giving written notice to the other party within ten days from the time said award is filed, as aforesaid, in said Clerk's office, to enter an appeal in writing from said award to the Superior Court of the county where such award is filed, and at the next term of said court, unless continued for legal cause, it shall be the duty of the Judge presiding in said cause, to cause an issue to be made up as to the damage or valuation of said land, right-of-way, or right to use such track, as the case may be, and the same to be tried, with all the rights for hearing and trying said cause, in the Superior Court, and in the Supreme Court, as provided for cases at common law. The entering of said appeal and the proceedings thereon shall not hinder, or in any way delay, the said corporation's work, or the progress thereof, but the same may proceed without let or hindrance from the time said condemnation proceedings are begun; Provided , that if said corporation should enter said appeal, that it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Should no appeal be entered from said award within said time, and should said corporation fail to pay the same, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award, as in other cases of judgments of the Superior Court, and said execution may be levied upon any of the property of such corporation, as in cases of other executions; and if such land-owner or land-owners be an insane person, lunatic, idiot or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded, or found due by said corporation for the land so taken, shall be paid to the Ordinary, and he shall cause the same to be invested for the use of such owner or owners; and to this end he shall appoint such guardian, or other legal representative, to take, hold, manage and control such fund as is usual, necessary or proper, and said rights-of way and right to use such track shall vest in such corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owners thereof. Disputes as to right-of way. Disputes as to right-of-way. Right of appeal. Appeal shall not delay. Sec. XII. And be it further enacted , That the principal office of said corporation shall be in Atlanta, but said corporation shall have power and authority to establish branch offices for the transfer of stock or the transaction of its business, in such other places as the directors may deem best for its interest, and all notices and legal processes may be served on said corporation as now provided, or may hereafter be provided, by law for service on corporations. Principal office. Branch offices. Sec. XIII. And be it further enacted , That said corporation shall be entitled to commence operations and exercise all the rights, powers, privileges, functions, and franchises hereby granted, as

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soon as the sum of two millions of dollars has been bona fide subscribed on the books of said corporation, as hereinbefore provided. When business may be begun. Sec. XIV. And be it further enacted , That the minutes of the proceedings of the Board of Directors shall be kept in a book or books provided for that purpose, and shall be signed by the president and by the secretary, and the same shall be subject to the inspection of any stockholder under such reasonable rules and regulations as may be provided therefor. Minutes. Sec. XV. And be it further enacted , That this charter shall be and continue of force fifty years, unless the same be altered, amended, modified, or repealed, or forfeited under and in accordance with the laws of this State. Term of corporation. Sec. XVI. And be it further enacted , That the property of of said corporation shall always be subject to the same rate of taxation as may be fixed by the laws of this State, from time to time, upon other railroad property of this State not having special exemptions or rates of taxation in their charters. Taxation of corporation. Sec. XVII. Be it further enacted , That this charter shall be null and void if said road from Rome to Brunswick is not completed within three years from the date of the passage of this Act. Charter forfeited unless road be completed in three years. Sec. XVIII. No railroad or express company or companies, or a combination of either, controlling or running a competing line of railroad, either as owners, lessees, or otherwise, nor any individual or individuals, having a controlling interest in any such competing company or companies, shall be or become, at any time, owner or owners of a controlling interest in the said railroad herein chartered, and should such company, companies, individual, or individuals, at any time become so interested, then the charter herein granted shall be ipso facto null and void, and the franchises, powers, and privileges thereof shall cease and determine absolutely, and it shall be the duty of the Attorney-General of this State, instanter to commence proceedings in any court of this State having jurisdiction of the case, to forfeit the same. No competing company shall own a controlling interest in this corporation. Sec. XIX. And be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 2nd, 1881.

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MILL TOWN BRANCH RAILROAD COMPANY INCORPORATED. No. 135. An Act to incorporate the Mill Town Branch Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, J. B. Withers, J. W. Harrell, W. M. Force, Wm. Robinson, Wm. Allen, C. Carroll, John T. Carter, Jr., John O'Brien, Joel Williams, J. D. Bamberg, Wm. A. Carter, E. A. Carter, and James A. Darsey, of the county of Lowndes; W. B. Norton, H. DeLoach, Carliss Strickland, T. Edson, Jno. Lee, Sr., M. C. Lee, Sr., H. P. Howell, C. Howell, H. Cox, John T. Carroll, Jesse Carroll, J. W. Talley, Wm. Patton, M. E. Patton, John Studstill, James M. Patton, J. D. Fender, W. E. Connell, W. H. Griffin and H. T. Peeples, of the county of Berrien; Henry Banks and James Banks, of the county of Fulton; and such persons as may be associated with them, and their successors and assigns, be, and they are hereby, incorporated by the name and style of the Mill Town Branch Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, in any court of law or equity in this State or of the United States, and may make by-laws, and appoint all necessary officers, may accept, purchase, hold and convey any property whatsoever, either real or personal, necessary for the purpose of organizing, constructing, equipping and operating said railway, may make contracts, have and use a common seal, and do all other lawful acts properly incident to and connected with said corporation and necessary for organizing, controlling and transacting its business, not inconsistent with the laws of this State, the constitution of this State, or of the United States. Corporators of the Mill Town Branch Railroad company. Corporate authority. Sec. II. Be it further enacted by the authority aforesaid , That for the organization of said company, said persons hereinbefore named, or any five of them, shall have power to open books of subscription, under such regulations as they may direct, and when one hundred shares of fifty dollars each shall have been subscribed to the capital stock of said company, said corporators, or any five of them, who have opened said books of subscription, may appoint a time and place for the meeting of the stockholders, of which ten days' notice shall be given in some public gazette in this State, at which time and place, or at any other time and place of which notice shall be given as aforesaid, said stockholders may proceed to the election of five directors, one of whom shall be elected president, and said president and directors shall hold their offices

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for the term of one year, or until their successors are elected. At all meetings of the company each stockholder shall be entitled to one vote for each share of stock held by him or her, either in person or by attorney. Said company shall have authority to receive subscriptions in money, lands, labor or material, as may be agreed between the company and the person subscribing. Books of subscription to stockby whom opened. Meeting of stockholders and election of officers. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed two hundred thousand dollars. Capital stock. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have full power and authority to survey, lay out, construct and operate a railroad from the town of Naylor, on the line of the Savannah, Florida and Western Railway, by such route as it may select by or near Mill Town to Banks' Mills, in the county of Berrien, with the right to extend and continue said road to any point beyond Banks' Mills, on the line of the Brunswick and Albany Railroad, in the county of Berrien, and all questions concerning the right-of-way between said company and the owners of the land through which said road 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 Railway Company, and to confer thereon certain powers and privileges. Authorized to construct a railroad. Right-of-way. Sec. V. Be it further enacted by the authority aforesaid , That said company shall have authority to issue bonds to construct and operate said road, and to secure the same by mortgage or deed of trust on all the property and franchises of the company; and shall have authority to lease, sell and convey the property and franchises of the company to any person or corporation, either before or after the completion of the road, on such terms as may be agreed upon; and shall have authority to consolidate the stock of said company with the stock of any connecting road, and may unite the management of said company, consolidate or merge with any other railroad company. May issue bonds and secure the same by mortgage. May sell, lease, or consolidate their road. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 8th, 1881.

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CHARTER OF SAVANNAH, FLORIDA WESTERN RAILWAY COMPANY AMENDED. No. 168. An Act to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes. 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 Act of February 29th, 1876, under which the Savannah, Florida and Western Railway Company was organized, entitled An Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers, and privileges, which confers upon purchasers of railroads, wholly or partly within this State, at sales by virtue of any mortgage or deed of trust, authority to form a corporation for the purpose of owning, possessing, maintaining and operating such railroad, or such portions thereof as may be situated within this State, by filing in the office of the Secretary of State a certificate in accordance with the provisions thereof, and which also confers upon the corporation so formed, all the rights, privileges, franchises and immunities therein mentioned, be, and the same is hereby, amended, so far as the same is applicable to the said Savannah, Florida and Western Railway Company as herein provided. Charter amended as hereinafter provided. Sec. II. Be it further enacted , That said railway company shall possess, and the same are hereby granted and confirmed to it, all the powers, rights, immunities, privileges, and franchises in respect to its railroad and other property, including any extensions, branch roads, or other property which may hereafter be acquired, which were proposed, or enjoyed by the Atlantic and Gulf Railroad Company, under and by virtue of its charter, or any amendments thereof, and that said railway company shall possess, and the same are hereby granted and confirmed to it, power and authority to build such extensions and branch roads as were authorized by the charter of the Atlantic and Gulf Railroad Company. Rights of old Atlantic and Gulf railroad confirmed to Savannah, Florida and Western. Right to build extensions and branches. Sec. III. Be it further enacted , That the said railway company shall have power to purchase, own, lease or contract for the use and enjoyment, in whole or part, of any railroad or railroads lying within or without this State, if the same shall connect with or form a continuous line, or part of a continuous line of transportation and travel with the railroads owned, managed or controlled by said railway company, and the same to maintain and operate. May purchase or lease other railroads. Sec. IV. Be it further enacted , That said railway company shall have the power to increase its capital stock of two million dollars

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to such an amount or amounts as may be required from time to time to represent capital invested in the payment of its debts, building its extensions, branches, betterments, or the acquisition of property of any kind, which it may lawfully hold and possess under its charter or any amendment thereof. May increase capital stock. Sec. V. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 13th, 1881. BROAD RIVER RAILROAD COMPANY INCORPORATED. No. 194. An Act to incorporate the Broad River Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, J. T. M. Haire, T. L. Gantt, R. J. Willingham, R. C. Latimer, G. M. Smith, W. J. Davenport, C. M. Witcher, W. M. Tiller, C. A. Stevens, J. B. Eberhart, G. W. Whitehead, J. A. Broach, F. M. Mathews, H. McWhorter, W. M. Howard, B. H. Witcher, J. W. Tiller, W. A. Dozier, J. L. Davenport, J. V. Andrew, and B. Chedel, and such other persons as are or may be associated with them and their successors and assigns, be, and they are hereby, created a body politic and corporate, by the name and style of The Broad River Railroad Company, and in and by that name they may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State, or the United States. Corporators. Name of corporation. Sec. II. Be it further enacted , That said company shall be authorized to construct, equip, and use a railroad from, or some point near, Davenport and Andrew's Mill, on the South Broad river, in the county of Oglethorpe, to the Glade, in said county, and via Lexington, a town of the county aforesaid, by the most practicable route, to intersect the Athens branch of the Georgia railroad at Crawford, or at any point near Crawford, in the before mentioned county. Route of road. Sec. III. Be it further enacted , That said company shall have power to 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, issue bonds, have and use a common seal, and do other lawful acts properly incident to and connected with said corporation, and necessary

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for the control and prosecution of its business; Provided , that their by-laws are not repugnant to the constitution and laws of this State and of the United States. Powers of corporation. Sec. IV. Be it further enacted , That for the organization of said company said persons before named, or a majority of them, shall have power to call a meeting of the corporators herein named, to appoint the times and places at which subscriptions for stock in said company may be taken, and every person or corporation, or body politic subscribing at any such places, or at any time afterwards, under the direction of a majority of said corporators or directors hereinbefore 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 may require. That the capital stock of said company shall consist of shares of fifty dollars each, and the entire capital stock of said company shall not exceed seventy-five thousand dollars. Meeting of corporators. Subscriptions for stock. Value of shares and capital stock. Sec. V. Be it further enacted , That the officers of said company shall serve for the space of twelve months from their election, or until their successors are elected, and may prescribe in their by-laws the time and manner of holding their subsequent annual elections of president and eight directors; at each annual election of president and directors each stockholder shall have the right to cast a vote for each share owned in said stock, and may vote in person or by proxy, under power of attorney duly executed. Term of officers. Stockholders' right to vote. Sec. VI. Be it enacted further , That said company shall have power to purchase and hold any lands contiguous to, or in the vicinity of, said railroad, that may be necessary in procuring materials for, or in constructing and repairing said road, and such other lands as may be necessary for the erection of any buildings necessary and useful to said road, and also all right-of-way on land for fifty feet on each side of a medium line of said road-bed, and in all cases in which any controversy or difficulty may arise between individuals or corporations, and said company or their directors, as to the right-of-way or damages to the land on or through which the same may be located, it shall and may be lawful for either party to apply to the Sheriff of the county, who shall summon a jury of five free-holders to enter upon the land sought to be appropriated to the use of said company, and to take said controversy into consideration, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of said county, under the same laws and regulations that apply to appeals in said court, and in all instances such freeholders and jurors in said Superior Court shall be sworn in addition to the usual oath in assessing damages, to take into account the prospective value of the road, land, or

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property through which it may be run, and hear evidence touching the same, and upon the payment of the damages so assessed as aforesaid, the principal title to such land and privileges shall vest in said road. Right of-way. Disputes as to right-of-way. Sec. VII. Be it further enacted , That said company shall have power to sell, mortgage, lease, or otherwise dispose of their rights and franchises in said road, should it at any time be deemed necessary or proper, by a majority in value and number of the stockholders, also in like manner, to purchase, lease, or hold any other road or roads, that may be of advantage to its operation or extension. May sell, mortgage or lease. Sec. VIII. Be it further enacted , That the liability of said stockholders of said road for the contracts, debts, and defaults of the same, shall in no case exceed the amount of stock bona fide subscribed for by him, her, or them. Liability of stockholders. Sec. IX. Be it further enacted , That if the work of constructing said road shall not be bona fide commenced within five years after the approval of this Act, all the rights, privileges and franchises herein provided, shall cease and be forfeited. When work must be begun. Sec. X. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. UNION RAILROAD COMPANY INCORPORATED. No. 233. An Act to incorporate the Union Railroad Company, and to define its rights, powers and privileges, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, Joseph E. Brown, Wm. McRae, Julius L. Brown, E. W. Cole, L. P. Grant, W. C. Morrell, John B. Gordon, Jacob W. Seaver, Wm. S. Holt, Wm. T. Walters, John T. Grant, H. B. Plant, B. F. Newcombe, Wm. B. Johnson, John H. James and Richard Peters, and their associates, successors and assigns be, and they are hereby, incorporated and made a body corporate and politic under the name and style of The Union Railroad Company, and shall be able and capable to sue and be sued, to plead and be impleaded unto in any court whatsoever, and may have and use a common seal, and may alter and renew the same at pleasure, and may make, change, alter, amend or repeal by-laws; Provided , the same be not in con flict with the laws of this State or of the United States, and said

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Union Railroad Company shall have all the powers, facilities, rights and franchises necessary or proper to accomplish and successfully carry out and maintain the objects of its incorporation, and to this end it may acquire by purchase, condemnation or otherwise such rights-of-way as may be necessary and proper for its purposes as a railroad company. It shall have power and authority to purchase or lease as much real estate as may be necessary for the running of its trains or for its tracks and depots and shops, but it shall not have any authority to acquire by condemnation a strip, or tract, or tracts, or parcel of land greater than one hundred feet in width, except as herein stated for the purposes of this Act. Said Union Railroad Company shall have power to issue stock, borrow money, issue bonds, and to secure the same by mortgages or deeds of trust, as it deems best. Corporators. Name of corporation. Rights-of-way. May issue stock, borrow money, issue bonds. etc. Sec. II. And be it further enacted , That said corporation shall have authority to construct, operate and own, maintain, use and enjoy, a railroad having two or more tracks, in the county of Fulton, commencing at any point on the Western and Atlantic Railroad, not nearer in the city than one mile north of the present freight depot of said road, and not further out of said city than three miles from the present city limits, and extending either in the city limits and across the streets, or without the same, to such point or points on the Central Railroad, the Georgia Railroad, the Atlanta and Charlotte Air-Line Railroad, and to such other railroads or railways as may be hereafter built into Atlanta, and to the beginning point, or to any or all of them as it may deem best to connect the railroads now or which may hereafter be built to said city, so that freights and passengers may be transferred therein from one to another; Provided, nevertheless , that no track shall be laid or line run in or upon or across any street of the city, of Atlanta, or through any part of corporate limits of said city until after the consent of the city authorities has been first obtained. And said Union Railroad Company shall also have power and authority to acquire by contract of any kind, lease or purchase, from any railroad company now owning the same, and having the right to make such contracts, the right to run passenger trains over any or all of the railroads now built, or which may hercafter be built, into the city of Atlanta; and in that event said corporation shall have the right to run passenger trains from the union passenger depot, in the city of Atlanta, over and around its entire road, and stop at other point or points thereon, as it deems most to the interests of the public, or of profit to it, and thence over such parts of such other roads as have consented thereto, as may be necessary to reach said union passenger depot, as hereinbefore provided. Location and route of road. No track to be laid across any street in Atlanta without consent of council. May contract for right to run trains on tracks of other roads. Sec. III. And be it further enacted , That the capital stock of said corporation shall be two hundred thousand dollars, divided

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into shares of one hundred dollars each and in all meetings of the stockholders of said corporation, each share of stock shall entitle the holder thereof to one vote, to be given in person or by written proxy, and said shares shall be considered as personal property, and shall be transferred on the books of said corporation in such manner as the by-laws may provide. Capital stock. Value of shares. Transfer of shares. Sec. IV. And be it further enacted , That the books of subscription to the capital stock of said corporation shall be first opened under the superintendence of the said persons named in the first section of this Act, or a majority of them, acting in person or by proxy, in such place and on such day or days as said persons, or a majority of them, may deem expedient, and all subscriptions to such capital stock shall be paid in cash, or that which such persons may deem its equivalent, in installments as called for by the Board of Directors, and said persons named shall act as a provisional Board of Directors until said corporation is organized, as herein provided. Books of subscription. Payment of subscriptions. Temporary Board of Directors. Sec. V. And be it further enacted , That said corporation may organize and commence business so soon as the sum of one hundred thousand dollars is subscribed and twenty-five per cent. paid in, and so soon as said sum is subscribed, it shall be the duty of the provisional Board of Directors to announce that fact through some paper published in the city of Atlanta, and to call a meeting of said subscribers for the purpose of organizing said company and commencing business. Organization. Sec. VI. And be it further enacted , That the affairs of said corporation shall be managed by a Board of Directors, to consist of seven persons, themselves stockholders, a majority of whom shall constitute a quorum. They shall be elected annually by the stockholders, at such time and place, and upon such published notice, as may be fixed in the by-laws, not less than thirty days in the newspaper in Atlanta which publishes Sheriff's sales of Fulton county, and shall hold their offices until their successors are elected and qualified. They shall elect one of their number president, and another one vice-president, and they shall each have such power and authority and perform such duties as may be prescribed in the by-laws. The directors shall have power to appoint and remove, or prescribe the manner of appointment and removal from office of all subordinate officers, attorneys, agents and servants of said corporation, and to prescribe and fix their salaries. They shall fill all vacancies which may occur in their number. They shall have authority to manage and conduct all the business of the corporation, of every kind, not given by this charter or by the by-laws, from time to time, to the stockholders, so far as the same may be necessary to a railroad company. They shall have power to contract and be contracted with, to borrow money, to make notes or other evidences of debt, and to issue bonds from time to

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time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage, or any deed or deeds of trust, as security for the fulfillment by said company of its contracts, obligations, or liabilities of any kind. They shall make and submit to the stockholders such by-laws as the company may establish from time to time, but such by-laws shall have no force until adopted by the stockholders. They shall have authority to purchase, lease and hold lands for the purpose of affording suitable sites for depots and machine-shops for said road, and stock-yards for said road- Directors. Quorum. Election. Term. Officers. Powers of Directors. By-laws. Sec. VII. And be it further enacted , That in the event said corporation does not procure from the owner or owners thereof, by purchase, the fee simple title to the lands necessary for the construction of its said railroad, and the location of its said depots for railway purposes, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons or corporations, upon paying or tendering to the owner thereof, or to his or her, their or its legally authorized representative just and reasonable compensation, as hereafter provided, for a strip or parcel of land not exceeding one hundred feet in width, unless when the width of slopes, embankments and cuttings shall require a greater width, in that event the right-of-way shall be sufficient to provide for such slopes, and give a width of one hundred feet at the grade line or track level, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: Said corporation shall choose one assessor, and said land owner or land owners, or if he, she, it or they refuses so to do, or is under any legal disability and has no legal representative, the Ordinary of Fulton county, acting for such land owner or land owners, upon notice of such refusal or such disability, shall choose another assessor, and the two thus chosen shall choose a third assessor, and the three thus chosen, or a majority of them, after being sworn to do justice between the parties, shall fix a time, not later than ten days, and shall hear evidence as to the value of the land when taken; and after hearing such evidence they, or a majority of them, shall make an award in writing, which shall have all the force and effect of a judgment or decree of a Fulton Superior Court, and within ten days from its rendition they shall file the same in the office of the Clerk of the Superior Court of Fulton county, and, if there be no appeal from such award, it shall be final and conclusive between the parties, and when paid, it shall vest the title of said land in said corporation, for railroad purposes, and shall entitle the owner or owners of said land to have a fi. fa. issued upon the same, and levied as in the case of other fi. fas. issued from the Superior Court. But if either party is dissatisfied with said award, he, she, it or they, or his, or her, or its, or their legal representative, or the Ordinary

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as aforesaid, may, within ten days from the time the same is filed in the office of such Clerk, make and enter an appeal in writing therefrom to the Superior Court of Fulton county, and said cause shall be tried at the next term of said Court after such appeal is entered, unless continued for legal cause, with all the rights of hearing the same in the Superior or Supreme Court which other causes at common law have; Provided , that if such corporation shall enter such appeal, it shall give bond and security for the payment of the final judgment in the case, and where judgment is rendered it shall be entered against the sureties on the bond, just as against the principal. The entering of said appeal, and the proceedings thereon, shall not hinder or in any manner delay said corporation's work, or the progress thereof, if the company shall file in the cause a bond with approved security to pay the final judgment in the cause, but the same may proceed without let or hindrance, and if said corporation shall pay the amount of said award, or of the final judgment had therein, to the Ordinary in case he represents any person or persons under legal disability, and who has no legal representative as aforesaid, he shall cause the same to be invested for the use of such person, owner or owners, and to this end he shall appoint such guardians or other legal representatives to take, hold, manage and control such funds as is usual, necessary or proper. Right-of-way. Disputes as to right-of-way. Appea How tried. Proviso. Appeal shall not delay. Sec. VIII. And be it further enacted , That said corporation shall never have power to lease said railroad, nor shall it ever have any power to consolidate with any other railroad company now entering, or which may hereafter enter, Fulton county, but said corporation may have power and authority to purchase or build branches from such point or points on its main line as it deems proper, to develop any manufacturing enterprise, or to connect with any other railroad; Provided , that no branch shall exceed six miles in length, and shall not extend beyond the county of Fulton, nor into the city of Atlanta; and said corporation shall never permit any other railroad company to own or have transferred upon its books any of its stock, or to control or operate said road in its interest; and no railroad company shall ever, directly or indirectly, purchase, own or hold any of the stock of said company; and said Union Railroad Company shall never make any discrimination in favor of or against any railroad company now operating, or which may hereafter operate, any railroad in the county of Fulton, and which does business with it, but it shall transfer the cars, freights and passengers of every such railroad company upon equal terms. Cannot lease or consolidate with other roads. May buy or build branches. No other railroad may own stock in or control this. No discriminations allowed. Sec. IX. And be it further enacted , That this charter shall be and remain of force for forty years, unless the same be surrendered, forfeited or repealed in accordance with the laws of this State. Term of charter.

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Sec. X. And it is further enacted , That any and all laws, and any and all parts of laws, in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 17th, 1881. TENNILLE AND WRIGHTSVILLE RAILROAD INCORPORATED. No. 240. An Act to incorporate the Tennille and Wrightsville Railroad Company, and to grant certain privileges to the same relating to their organization, the construction and operating said road. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, W. C. Matthews, B. D. Smith, G. L. Mason, G. B. Harrison, H. N. Holifield, G. W. Peacock, and Z. Peacock, of the county of Washington; A. I. Haines, of the county of Laurens; and W. B. Bales, W. A. Tompkins, W. L. Johnson, J. A. McAfee, T. W. Kent, and W. W. Mixon, of the county of Johnson, and such other persons as may be associated with them and their successors and assigns, be, and they are hereby, incorporated by the name and style of The Tennille and Wrightsville Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, in any court of law or equity in this State, or the United States; may make by-laws and appoint all necessary officers, and prescribe their duties; may accept, purchase, hold, and convey any property whatsoever, either real or personal, necessary for the purpose of organizing, constructing, equipping, and operating said railway; may make contracts, have and use a common seal, and do all other lawful acts incident to, and connected with, said corporation, and necessary for organizing, controlling, and transacting its business, not inconsistent with the laws of this State, the constitution of said State, or the United States. Corporators Name of corporation. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That for the organization of said company, said persons hereinbefore named, or a majority of them, shall have power to open books of subscription under such regulations as they may direct, and when twenty-five thousand dollars of the capital stock of said company shall have been subscribed, and twenty per cent. thereof paid in, said corporators, or a majority of them, may appoint a time and place for the meeting of the stockholders, of which they shall give thirty days' notice in such public gazette as they may deem necessary

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at which time and place, or at any other time and place of which notice as aforesaid shall have been given, said stockholders may proceed to the election of a president and five directors to manage and control the offices of said company for one year, or until their successors are elected and installed, and said president and directors, or a majority of them, as well as all other Boards of Directors which may thereafter be elected, shall have power to adopt by-laws for its own control and the management of said road, and to appoint and employ such officers, agents and servants as it may deem proper. In the elections above provided for, each stockholder shall have the right to vote in person or by proxy, under power of attorney, duly executed in accordance with the number of shares held in his or her own right, for thirty days prior to such election. Books of subscription. Organization. Election of officers. Term. By-laws. Agents, etc. Votes of stockholders. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed one hundred thousand dollars, to be divided into shares of one hundred dol lars each; and said shares may be transferred on the books of said company as may be provided by their by-laws, but no stockholder indebted to said company shall transfer his or her stock without the consent of the Board of Directors, Capital stock. Value of shares. Transfer of shares. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have power and authority to survey, lay out and construct a railroad from Tennille (Number 13), on the Central Railroad, in Washington, to Wrightsville in Johnson county, and equip, use and operate the same; and all questions and disputes concerning the right-of-way between said company and the owners of land through which the said road may run, and the parties being unable to agree, the Sheriff of the county in which the land is situated shall summon a jury of five disinterested free-holders of said county, which jury shall assess the damages to be paid by said company for running said road through the land of such citizen, taking into consideration the enhanced value of such land by the building of the road through the same; Provided , that in no case shall the right-of-way embrace more than one hundred feet on each side of said road. Route of road. Rights-of-way. Sec. V. Be it further enacted by the authority aforesaid , That said company be, and they are hereby, authorized to combine or unite with any other railroad company or companies, directly or indirectly connecting therewith; and may unite the management of said companies upon such terms and conditions as shall be agreed upon between such companies so uniting or consolidating, not inconsistent with the constitution and laws of this State. May unite with other companies. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881.

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THE COVINGTON AND SOUTH RIVER RAILROAD COMPANY INCORPORATED. No. 286. An Act to incorporate the Covington and South River Railroad Company, and for other purposes. Section I. Be it enacted , That James W. Anderson, Thomas Camp, A. B. Simms, Wm. S. Brown, D. A. Thompson and P. E. Banks, corporators, and their associates, successors and assigns, shall be, and they are hereby, incorporated and made a body politic, with all the rights, privileges and franchises as are hereafter granted under the name of the Covington and South River Railroad Company. Corporators of the Covington and South River Railroad Company. Sec. II. That said Covington and South River Railroad Company shall be authorized to build a railroad from Covington, in Newton county, or the Georgia Railroad, south to such point on the Macon and Brunswick Railroad extension as may be by them considered most accessible and desirable; also to continue the road to Monticello, in Jasper county, from such point of junction with the Macon and Brunswick Railroad extension, or from such other point between Covington and said junction with the Macon and Brunswick Railroad aforesaid, as they may deem most practicable and easy. That said incorporators may meet at such time as may be convenient after the passage of this Act, and elect a president and a board of seven directors. Said Board of Directors shall be empowered to open books and procure subscriptions to the capital stock of the company, at the rate of one hundred dollars per share, at such times and places as they may deem proper; that said company may, through said Board of Directors, borrow money and make contracts; hold real and personal estate to and for the use of said road; have and use a common seal; sue and be sued, plead and be impleaded, in any court of law or equity in this State; make and adopt such rules, by-laws and regulations for the government of the company as may be necessary for its good and the accomplishment of the object for which it is created, or such as now control other railroads of the State; Provided , such rules and regulations be not repugnant to the constitution and laws of the State of Georgia and of the United States. Authorized to build a railroad. Election of officers. General corporate authority. Sec. III. That the capital stock of said company shall not be less than seventy five thousand nor more than two million dollars, and shall be divided into shares of not exceeding one hundred dollars each, and, at all elections of the company, said stockholders shall be entitled to as many votes as they own shares in this company. Capital stock.

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Sec. IV. That said president and Board of Directors shall be elected by the stockholders of said company, as soon after the passage of this Act as the sum of seventy-five thousand dollars of stock shall have been subscribed, and twenty per cent. thereof shall have been paid in, and said officers shall be elected on the third Wednesday in May, every year thereafter, and they shall have power to appoint all agents and officers for said road and fix the salaries of the same. Election of officers. Sec. V. That the Board of Directors shall have power to select and take, purchase, or receive as a donation or otherwise, such strip or strips of land, not exceeding two hundred feet in width, between the points selected for the beginning and terminus of said road, as they may deem necessary for the construction of such road, and in all cases in which difficulties or disputes may arise between individuals or corporations and said company or their directors as to the right-of-way, or damages to the land on which such right-of-way may be located, it shall and may be lawful for either party to apply to the Sheriff of the county in which the land may be located to summon a jury of five freeholders who shall enter on the land sought to be appropriated to the use of said company, and in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county under the same rules and regulations which apply to appeals in said court, and in all such cases freeholders and the jurors in such Superior Courts, in addition to the usual oath, shall be sworn, in assessing damages, to take into consideration the prospective value of the road to the land and premises through which it may run, and to hear evidence touching the same, and upon the payment of the damages so assessed the right-of-way over such lands as may be necessary for the location of such road, buildings and depots shall vest in said company. Right-of-way. Sec. VI. That said company shall have the right to cross any other railroad on the route selected by the engineer as most practicable for building said road, as authorized by this charter, this company to pay all expenses necessary to make said crossing safe and convenient; and that the directors of said company shall have power to contract with any other railroad company for the joint use of its tracks or right-of-way upon such terms as may be mutually agreed upon; Provided , there shall be no material deviation from the route already prescribed in this charter for said road. May cross other railroads. Sec. VII. That the company aforesaid shall have perpetual succession of members, and it shall be deemed a common carrier as regards all goods, merchandise and property entrusted to it for transportation, and said company shall have the power to

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do and perform all and every such corporate acts as are permitted and allowed to other companies for similar purposes. Term of charter. Sec. VIII. That all laws and parts of laws in conflict with the foregoing be, and they are hereby, repealed. Repealing clause. Approved September 24th, 1881. LOGANSVILLE RAILROAD COMPANY INCORPORATED. No. 287. An Act to incorporate the Logansville Railroad Company, extending from the town of Lawrenceville, in the county of Gwinnett, to Logansville, in the county of Walton, in said State, and for other purposes therewith connected. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, J. O. Maguire, Ansley A. Tribble, John L. Smith, Egbert M. Brand, W. H. Braswell, J. B. Roquermore, S. A. Starr, Nathan Bennett, J. J. Floyd, John J. Hammond, C. C. George and Howell C. Head, and such other persons as may be associated with them and their successors and assigns, be, and they are hereby, incorporated by the name and style of the Logansville Railroad Company, and in and by that name may sue and be sued in any court of law or equity in this State, or the United States; may make by-laws and appoint all necessary officers, and prescribe their duties; may accept, hold, and convey any property, real or personal, necessary for the construction, or operating said railroad; may make contracts, have and use a common seal, and may do all other lawful acts properly incident to said corporation and necessary for the transacting its business, not inconsistent with the laws of said State, or the constitution of said State, or the United States. Corporators. Name of corporation. Sec. II. That, for the purpose of organizing said company, the persons hereinbefore named, or a majority of them, shall have power to open books of subscription, under such regulations as they may direct; and when twenty-five thousand dollars shall have been subscribed to the capital stock of said company, and twenty per cent. thereof paid in, a majority of said corporators may appoint a meeting of the stockholders, of which meeting thirty days' notice shall be given in such public gazette as they may deem necessary; and at the time and place so advertised, said stockholders, or a majority of them, may proceed to the election of a president and six directors; said president and directors shall hold their offices for one year and until their successors are

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elected. The by-laws may prescribe the time and manner of holding annual elections for the officers of said company. And at all conventions of stockholders, each stockholder shall have the right to vote in person, or by proxy under power of attorney duly executed, one vote for each share which he, she, or they may have held in their own right for thirty days prior to said election. The Board of Directors shall have power to fill all vacancies that may occur in said board. Five directors shall constitute a quorum for the transaction of business. Books of subscription. Organization. Officers. Terms. Vote of stockholders. Vacancies. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed one hundred thousand dollars, to be divided into shares of twenty-five dollars each; and said shares may be transferred on the books of the company as may be provided by the by-laws, but no stockholder indebted to said company shall transfer his stock without the consent of the Board of Directors. Capital stock. Value of shares. Sec. IV. Be it further enacted, etc. , That said company shall be authorized to survey and construct a railroad from the town of Lawrenceville, in the county of Gwinnett, to the town of Logansville, in the county of Walton, in said State, and to equip, use, and operate the same, and all questions concerning the right-of-way between said company and the owners of land through which the road may run, shall be tried and determined according to the fourth section of an Act, approved September 7th, 1868, to amend an Act to incorporate the Georgia Air-Line Railway Company, and to confer thereon certain powers and privileges. Route of road. Right-of-way. Sec. V. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 24th, 1881. AMENDATORY OF AN ACT FOR CONSTRUCTING A RAILROAD FROM ATHENS TO CLAYTON, GA. No. 297. An Act to amend an Act entitled, An Act to open and construct a railroad from Athens, Georgia, to Clayton, Georgia, via Clarkesville, in Habersham county, or some point on the Blue Ridge Railroad, near Clayton, by the most practical route, approved October 27th, 1870, so as to give to said company the power to extend its line to the northern State boundary, to build branch railroads, to buy or lease other railroads, to sell or lease its own road, and for other purposes. 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

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section second (2) of the above recited Act, which authorizes the Northeastern Railroad Company to open books of subscription, to elect a president and Board of Directors, to open and construct a railroad from Athens, Georgia, to Clayton, Georgia, via Clarkesville, etc., etc., be, and the same is hereby, amended by adding to said section second the following, to wit: And said company shall be authorized to build a branch railroad from any point on its line between Clarkesville and Tallulah Falls to Toccoa City, in Habersham county, and from Clarkesville, or near thereto, to the most eligible locality in Nacoochee Valley. Authority given to construct branch roads to certain points. Sec. II. Be it further enacted, etc. , That section sixth (6) of the above recited Act, which authorizes said Northeastern Railroad Company to unite or consolidate with any other company, be, and the same is hereby, amended by striking all of said section sixth and inserting in lieu thereof the following, to-wit: That said company shall have power, by a majority vote of its stockholders, to unite or consolidate with any other company or corporation; to lease or buy any other railroad, and to lease or sell its own road, and shall have power to make any and all contracts necessary and proper to carry out the provisions of this amendment; Provided , that such contract, purchase, lease, or sale does not have, or be not intended to have, the effect of diminishing competition, or does not conflict with the constitution or laws of this State, or of the United States. Power given as to lease, sale or consolidation. Proviso. Sec. III. Be it further enacted, etc. , That all laws in conflict with the foregoing be, and the same are hereby, repealed. Approved September 27th, 1881. CHARTER OF GATE CITY STREET RAILROAD AMENDED. No. 336. An Act to amend an Act incorporating the Gate City Street Railroad Company, approved September 26th, 1879. The Mayor and General Council of the city of Atlanta having given their consent to the granting of the authority herein conferred, said consent being evidenced by a certified copy of the action of said Mayor and General Council, exhibited in both branches of the Legislature, before the passage of this Act: Preamble. Section I. The General Assembly of the State of Georgia do enact , That the second section of said Act, incorporating the Gate City Street Railroad Company, be so amended that said company shall have full power and authority to survey, and

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lay out, construct and equip, use and employ street railroads on all the streets of the city of Atlanta, and in the county of Fulton, outside of said city, upon such terms as are prescribed in this Act; Provided , that nothing in this Act contained shall authorize the said Gate City Street Railroad Company to occupy with its railroads any street occupied by the Atlanta Street Railroad Company except for the purpose of crossing the same to make a connected line, and in making such crossing they shall not run along a street thus occupied for more than three city blocks, and, provided, further , that no other street railroad company shall hereafter occupy with its railroad any street occupied by the said Gate City Street Railroad Company except for the purpose of crossing the same to make a connected line, and in making such crossing they shall not run along a street thus occupied by said Gate City Street Railroad Company for more than three city blocks Power of corporation as to routes extended. Proviso. Additional proviso. Sec. II. It is further enacted by the authority aforesaid , That said Gate City Street Railroad Company shall not have the power or authority to survey, construct, equip, or use any railroad on any street in the city of Atlanta without first obtaining the consent, by resolution duly passed, of the Mayor and General Council of said city, for each street so used or occupied by said company; and in no event shall said company have the right to use steam for the purpose of moving its cars within the corporate limits of said city of Atlanta. without the consent of said Mayor and General Council expressed by resolution duly passed. Cannot use any street or use steam without the consent of City Council. Sec. III. It is further enacted by the authority aforesaid , That said company shall not have power or authority to survey, lay out, equip, construct, occupy or use any railroad outside of the corporate limits of said city of Atlanta, except by consent of the Commissioners of Roads and Revenues of the county of Fulton; and if said railroad is located upon a public road, it shall be constructed in such manner and located in such part of said public road as said commissioners shall direct. Cannot construct road outside of city without consent of Commissioners of Fulton county. Sec. IV. It is further enacted by the authority aforesaid , Whenever said company shall desire to locate its track upon any land other than a public road in said county of Fulton, and outside of said city, and a question of a right-of-way shall arise, and parties may fail to agree, the owner of the land may select a man, or his agent or attorney may do so, and the directors of the company shall select a man, and the two shall assess the damages if they can; and if they do not agree, the two shall select a third man disinterested, and a majority of the three shall assess the damages for the right-of-way through the owner's land, either party having the right to appeal to the Superior Court of said county, as is provided for appeals from Justice Courts to the Superior Courts; Provided , the right-of-way shall not be over

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twelve feet in width, except at meeting points, where the same shall not be more than thirty feet in width. Disputes as to right-of-way. Appeal. Sec. V. It is further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved September 28th, 1881. CHARTER OF WALTON RAILROAD COMPANY AMENDED. No. 340. An Act to amend an Act entitled, An Act to incorporate the Walton Railroad Company, and for other purposes therein mentioned, approved August 27th, 1872, so as to authorize the extension of said railroad from Social Circle to any point on the Macon and Brunswick Railroad between Macon and Atlanta, and from Monroe to Athens, and to authorize said company to issue bonds and to execute a mortgage on its property and franchises. Section I. The General Assembly of the State of Georgia do enact , That section 2 of the above recited Act, which provides for the extension of the Walton Railroad from Social Circle, so as to connect with the Ocmulgee and North Georgia Railroad, be amended by striking out the words, Ocmulgee and North Georgia Railroad, and inserting in lieu thereof the words, Macon and Brunswick Railroad, and to extend the same from Monroe to Athens, Georgia, so as to authorize the extension from Social Circle to the Macon and Brunswick Railroad at any point between Macon and Atlanta, and from Monroe to Athens. Extension of road from Social Circle to a point on Macon and Brunswick Railroad authorized. Sec. II. That section 10 of said Act, which is as follows, That said railroad company shall have authority and power to borrow money and issue bonds for the payment of the same, be amended by adding thereto the words, and to execute a mortgage or mortgages upon its property and franchises to secure the payment of such bonds, or of any other debt contracted by the company. Power to mortgage property given. Approved September 28th, 1881.

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GEORGIA SOUTHERN AND FLORIDA RAILROAD COMPANY INCORPORATED. No. 341. An Act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, William H. Ashton, George Berry, Harold Carter, John D. Prince, and Frank E. Lyons, and such other persons and corporators as are, or may be, associated with them and their successors and assigns, be, and are hereby, created a body politic and corporate under the name and style of The Georgia Southern and Florida Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, in any court of law or equity in this State; may make by-laws, and appoint all necessary officers, in the manner hereinafter prescribed, and define their duties; may accept, purchase, hold, and convey any property, both real and personal, necessary for the purposes herein prescribed; may make contracts, have and use a common seal, and do other lawful acts properly incident thereto and connected therewith, and necessary for the control, promotion, and transaction of its said business. Corporators Name of corporation. Sec. II. Be it further enacted , That said company shall have power and authority to survey, lay out, and construct and build a railroad from the city of Macon, in the county of Bibb, in the most direct and practicable route, to be judged of by them, to the town of Homerville or DuPont, in Clinch county, and thence to the Florida line, and the same to use, equip, and enjoy all the rights, privileges, and immunities granted to the Central Railroad and Banking Company of Georgia, except banking privileges, and except exemption from taxation, and subject to the same liabilities imposed upon said company. Route of road. May use same privileges as C. R. R., except those of banking, etc. Sec. III. Be it further enacted , That the capital stock of said company shall not be less than one hundred thousand dollars, to be divided into shares of one hundred dollars each, but with the privilege at any time of increasing said capital stock to three million dollars, whenever it may be deemed expedient by a majority of the Board of Directors of said corporation so to do. Capital stock. Value of shares. Sec. IV. Be it further enacted , That the officers of said corporation shall consist of a president, vice-president, secretary, and treasurer, and such other officers as may be deemed advisable, and not less than five directors, to be chosen at such time and in such manner as is hereinafter prescribed. Said company, through its Board of Directors, shall have full power and authority to borrow

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such sums of money as may be necessary for the construction of said road, and to issue mortgage bonds of the company, in such form as the directors may prescribe, upon a part or the whole of its entire property and franchise, and may sell and dispose of such bonds according as the necessities of the company may require, and to secure and provide for the payment of the principal and interest of such bonds, and such other debts as the company may contract, and all such acts of the Board of Directors of said company shall be valid and binding upon the same. Officers. Powers of corporation. Sec. V. Be it further enacted , That for the purpose of first perfecting an organization of said company, the corporators herein named, and their associates or successors and assigns, a majority of whom shall constitute a quorum, shall proceed to elect a president, vice-president, secretary, and treasurer, and such other officers as may be deemed advisable, together with a board of not less than five directors; that the board thus organized shall hold for twelve months from the date of organization; that for the subsequent Boards of Directors, an election shall be held every twelve months by the stockholders in said railroad, each stockholder being entitled to one vote for each share of his stock, to be cast personally, or by proxy legally executed. The board thus elected shall continue in office until their successors are elected, and at their first meeting, and annually thereafter, shall elect from their number a president, who shall preside at all meetings of said board, or in his absence the vice-president shall preside, who shall preserve order, enforce rules, and direct the manner and mode of business, and in the absence of the vice-president, the directors shall appoint a chairman. In all meetings a majority of the directors shall constitute a quorum; that the Board of Directors shall be authorized to open books of subscription to the capital stock at such time and place as they may indicate, and the stock, when subscribed, shall be payable at such time, and in such installments as said board may decide. Temporary Directors and other officers. Term. Subsequent elections. Term of officers. Quorum of Directors. Sec. VI. Be it further enacted , That in all cases where a question of right-of-way arises, and the parties are unable to agree, the Sheriff of the county in which the land is situated, shall at the request of either party, summon a venire of six jurors, freeholders of said county, who shall assess the damages to be paid by said company for the construction of said railroad through said lands, and each party shall have at least ten days' notice of the time and place of meeting of said jurors, for making such assessment, saving to either party the right of appeal to the Superior Court of the county in which the land lies, under the laws now in force regulating appeals to that court, which appeal shall be entered within four days from the finding of said jury. In addition to the usual oath, said jury to be severally sworn in assessing damages, to take in account the enhanced value of the lands, by reason of the building of said road

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through said lands. If such appeal shall be entered, the right of the railroad company to go on in the construction of said road shall exist, and shall not be suspended; Provided , the said company will give bond and security in double the amount of the verdict of the said jury, conditioned to answer such judgment or decree as may be made in the Superior Court. Disputes as to right-of-way. Appeal. Sec. VII. Be it further enacted , That said company shall be, and is hereby, authorized to cross railroads and all other roads, to build and construct bridges over creeks and rivers, not obstructing the free navigation of the same, to connect at the terminus of said road, with any other railroad, 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, so far as is set forth in this Act. May cross other roads, build bridges, connect with other roads, etc. Sec. VIII. Be it further enacted , That the president and directors of said company shall be authorized to call for installments on subscriptions to stock as they from time to time deem necessary, to enforce the collection of the same, or to declare the stock of the delinquent forfeited, if such stockholder fails to comply with the terms of his subscription, or to do such other acts as they may deem best for the company; Provided , only so much of said stock shall be forfeited as may be necessary, at the market price to pay the amount of the stockholders' unpaid stock. Payment for stock. Forfeiture of stock. Sec. IX. Be it further enacted , That said company shall begin the construction of said road as soon as possible, but no organization of said company shall be effected under this charter until seventy-five thousand dollars shall be bona fide subscribed to the capital stock of the company, and twenty-five per cent thereof shall have been actually paid in, and if the said road is not completed within five years from the date of the passage of this Act, the charter hereby granted to be forfeited. Organization. Must be completed in five years. Sec. X. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28th, 1881.

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GAINESVILLE, BLAIRSVILLE AND STATE-LINE RAILROAD INCORPORATED. No. 344. An Act to incorporate the Gainesville, Blairsville and State-Line Railroad Company, and for other purposes. Section I. Be it enacted in the General Assembly of the State of Georgia , That, for the purpose of constructing, equipping, and running a railway on the most practicable route from a point on the Air-Line Railroad, or near Gainesville station, in a northerly direction to a point of the State line in Union county, this charter, with all of the rights, privileges and immunities vested in other railroads by the State, is hereby granted unto Henry S. Carroll, J. A. Butt, Thomas Haralson, J. T. England, W. H. Logan, R. R. Asbury, C. P. Craig, P. F. Lawshe, D. Quatlebaum, D. Welchel, J. Longstreet and S. C. Dunlap, together with such other persons as may become associated with them, and their successors and assigns (but banking privileges are not included), who are hereby constituted a body politic and corporate, by the name and style of the Gainesville, Blairsville and State-Line Railroad, and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law and equity in the State or of the United States; may make by-laws, appoint all officers and servants, prescribe their duties, and may accept, purchase, hold or convey any property, real or personal, that may be important in the organization or transaction of any of the business functions of the company; may make and execute contracts, have and use a common seal, and do all other acts and transact all other business incidental to its functions as public carrier, and, with the conditions herein prescribed, shall have existence for a period of fifty years; Provided , That its rules and regulations are not in violation of the laws of the State nor of the United States. Route of road. Corporators Name of corporation. Rights and liabilities. Sec. II. That, for the purpose of organizing said company, said corporators, or a majority of them, shall have power to appoint times and places at which the books of the company shall be opened for subscriptions for stock; and every person, corporation, or body politic subscribing for stock, at such place or places, or at any future time, under direction of the corporators, or the Board of Directors, or a majority of either, shall be a stockholder in said company, and shall pay installments on all stock that may have been subscribed, and in such amounts as may be required by the provisions of this Act and by the by-laws of the company. And the corporators, or a majority of them, shall, in a reasonable time, appoint a time and place for a meeting of the stockholders,

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of which thirty days' notice shall be given through one of the newspapers that may be published along or near the route of the road; at which time and place the stockholders shall proceed to elect seven directors, who shall constitute the Board of Directors, and who shall so organize by electing one of its members president of the board, and another its secretary, all of whom shall hold office and conduct the affairs of the company for one year, or until their successors are elected. They shall prescribe by-laws and regulations for the company. The time, place and manner of holding subsequent elections, and in all elections, each stockholder shall have the right, in person or by proxy under power of attorney, to cast one vote by ballot for each and every share that he, she, or they represent, the same having been held three months prior to said election by the party who claims to represent the same at said election; and all elections shall be by ballot. The Board of Directors shall have power to fill all vacancies that may occur between the annual elections, five directors to constitute a quorum for that purpose, of which the president shall be one, except in case of sickness or other necessary absence, when his place shall be filled by the election of one of the members present to fill his place pro tem. Books of subscription. Payment for stock. First meeting of stockholders. Directors. President and Secretary. Term. By-laws. Right of stockholders to vote. Vacancies. Sec. III. The capital stock of the company shall be divided into five thousand shares of one hundred dollars each, which may be increased to such amount as may be necessary to cover all costs of surveys, location, construction and all other outlays necessary to the complete outfit and equipment of a first class road, including depots, stations and other incidental expenses, and these shares shall be transferable on the books of the company in such manner as may be prescribed by its by-laws, but no transfer of stock can be made of shares upon which installments are due without the consent of the directors, that the books of the company for subscribers of the stock shares shall be opened as soon after the passage of this Act as possible, by the said corporators, and shall remain open ninety days, or until the stock has been subscribed, and for each of the shares subscribed five dollars shall be paid in cash, or its equivalent, to the corporators, who shall give a certificate for the same; but if this payment is not made, then the subscriber shall have no claim for the stock, nor shall he have any claim upon the company or corporators for stock that has been thus forfeited. The corporators shall deposit all moneys paid them on account of stock in some solvent bank of the State, at the expiration of every thirty days after opening the books of the company, and when the sum of two hundred thousand dollars is subscribed, the corporators, or a majority of them, shall give notice, by advertisement, appointing a time and place for an election of a Board of Directors, to be held by the stockholders, for the permanent organization of the company;

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Provided , that subscription books shall not be kept open by the corporators for a longer period than one year. Value of shares. Transfer of stock. When book shall be opened. Certificates of stock. First election of Directors. Sec. IV. That a majority of two-thirds of the stock present, or represented by proxy, shall have power to organize and elect a Board of Directors, but a person not a stockholder cannot exercise authority or any of the privileges as proxy, or by virtue of proxy or proxies. That the company shall have continuous succession. That the corporators shall call the first meeting of stockholders as herein provided, that other meetings may be called by the president of the Board of Directors, besides the regular meetings appointed under the by-laws. tion. Sec. V. That the corporators or directors shall have power to accept, select or receive any and all donations of land or other real or personal estate for the benefit of the company, and shall have power to locate its road on any lands lying along its route, of such width as may be necessary, not exceeding two hundred feet, for the use of said road, and in all cases where difficulties arise, between the authorities of the road and owners of the land, as to the right-of-way or damages, it shall be lawful for the parties, or either of them, to apply to the Sheriff of the county in which the land lies, who shall summon a jury of five freeholders, who shall enter upon the land sought to be appropriated to the use of the company, and award, in writing, the amount of damage (if any) to be paid by said company, either party having the right of appeal to the Superior Court of the same county, and in all such cases freeholders and jurors, in addition to the usual oath, shall be severally sworn, in assessing damages, to take into consideration the benefit of the road, in enhancing the value of the lands and premises through which it may pass, as well as the injury that the lands may sustain; but no stockholder of the company shall be a juror or act as freeholder, in assessing damages sustained by acts of the company, nor for evidence of the same, and upon payment of the damages so assessed, the title to the right-of-way over such lands as may be necessary in the construction of said road, its buildings, stations, storehouses and sidlings as may be necessary, shall be vested in the company; Provided , that no difference or disagreement between the company and any landowner shall operate by injunction or otherwise, to suspend or delay the progress of construction and completion of the road; but the same shall be continued in all cases, without interruption, molestation or delay of the work of the company, surety being given for such damages as may be awarded in the future. Powers of corporation. Right-of-way. Disputes as to right-of-way. Sec. VI. That it shall be lawful for said company to issue its bonds, borrow money, hold perpetual succession, call installments upon the shares of stock, of five dollars on each share, whenever the same may be necessary, after the first payment, and at intervals of not less than thirty days, under regulations that shall be

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prescribed in the by-laws, and public notice shall in every instance of such call be given, at least thirty days before the same can become due, and in case any installment called in shall remain unpaid, thirty days after it has become due and unprovided for, all of such shares shall be forfeited to the company, and become a part and parcel of its property, and the defaulting stockholder shall have no farther claim on the company or any part of its interests on account of said forfeited share or shares. That all shares shall be personal property, and shall be transferable under the by-laws of said company. May issue bonds, borrow money, call installments of stock, etc. Default in payment for stock. Sec. VII. That the president and directors shall have authority to execute all powers herein granted, subject only to the by-laws of the company and the laws of the State, and of the United States. That there must be an annual meeting of the stockholders to elect the Board of Directors, at which meeting the president and Board of Directors shall make a written report of the affairs of the company during the time their administration of the same, and the same shall be published in some one of the local newspapers; that twenty-five stockholders representing twenty per cent. of the capital stock of the company, shall have power to call an extraordinary meeting of the stockholders; that the corporators of the company shall make written report and account of all the funds that may be received by them, and the disposition made of the same, at the first meeting of the stockholders, and it shall be lawful for the stockholders to remove the president and directors at any lawful meeting, by a vote of a majority of the entire stock of the company, and elect others in their places. Power of officers. Reports of President and Directors. Extraordinary meetings of stockholders. Removal of officers. Sec. VIII. That said company shall be common carriers of all passengers and freights, and shall be allowed to make such tariffs of rates as are lawful and just, and may do and perform all other acts that are lawful, in the execution of the business of said company, both as corporators and as a company organization, and nothing herein shall be so construed as to prevent the State taxing the stock or other property of the company, as soon as the road is completed in its appointments and equipment. Rights as carriers. Subject to tax. Sec. IX. That any person who shall willingly or knowingly trespass upon said railroad, or any part of its property or chartered rights or privileges, or who shall, in any way, obstruct the said company in the execution of its business affairs, 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 damage or mischief may have been done, and shall, upon conviction, be punished as the law may direct in such cases. Penalty for injury to property of corporation. Sec. X. That said company shall be liable for all property injured or destroyed through carelessness on the part of its agents or servants, and may settle all claims arising therefrom, and

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with like privileges as in settlement with owners of lands along its routes, as herein already provided. Liability of company. Sec. XI. That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Repealing olause. Approved September 28th, 1881. CHATTAHOOCHEE CANAL COMPANY INCORPORATED. No. 355. An Act to incorporate the Chattahoochee Canal Company, defining its rights, powers and immunities. 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, Samuel M. Inman, Clinton I. Brown, Walter R. Brown, Charles D. Medor, J. T. Brock, John A. Donavan, and G. H. Tanner, of Fulton county; Zachariah McCord, of Richmond county; H. H. Epping, of Muscogee county, and William B. Johnston, of Bibb county, and such others as may be associated with them, their successors and assigns, shall be, and are hereby, created a body corporate and politic by the name and style of the Chattahoochee Canal Company, with chief office in the city of Atlanta with continuous succession to said incorporators and their successors, for the purpose of supplying the city of Atlanta, and its vicinity with waters for manufacturing, commercial and all other purposes; with power to said corporation to contract for, purchase, lease, hold and sell such property, real and personal, and construct and maintain in said city of Atlanta and its vicinity, including the counties of Fulton, Hall, DeKalb and Gwinnett, canal, branch canals, waterworks, elevators, compresses, and the other objects hereinafter named, as shall by its Board of Directors, from time to time, be deemed necessary to carry out the objects and purposes of this charter, and said company by its corporate name shall be capable of suing and being sued, pleading and being impleaded, in any and all courts of law and equity in this State, and shall be empowered to make, have and use a common seal, renew and alter the same at pleasure, and are hereby invested with all rights, powers, privileges and immunities which are or may be necessary to carry into effect the purposes, objects, and aims of this Act. Corporators. Name of corporation. Rights and liabilities. Route. Capacities. Sec. II. Be it further enacted , That the capital stock of said company shall be five hundred thousand dollars ($500,000), with the privilege of increasing the same at the pleasure of the Board of

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Directors to ten million dollars ($10,000,000) at any time they may deem proper. The shares of said company to be one hundred dollars each. The immediate government of the affairs of the company shall be vested in a Board of Directors, consisting of not less than ten, and not more than thirteen persons, as the stockholders may from time to time determine. The said directors shall be chosen by the shareholders of said Chattahoochee Canal Company as hereinafter provided, and shall hold office for one year after their election, and until their successors shall be chosen and qualified, and the said directors, a majority of whom shall constitute a quorum, for the transaction of business, shall elect one of their number president of the company. The said board shall have power and authority to fill vacancies in the board, until the regular election by the shareholders; and elect all treasurers, secretaries, clerks, agents, and other necessary officers, for the proper transaction of the business of the corporation. Capital stock. Value of shares. Directors. Election. Term. Quorum. Vacancies. Subordinate officers. Sec. III. Be it further enacted , That the time of holding the annual meeting of said company for the election of directors and transaction of other business, shall be fixed and determined by the by-laws of said company, as may be drafted by its Board of Directors; at all the meetings of the corporation, each shareholder shall be entitled to vote in person or by proxy, one vote for each share of stock he or she may hold in said company. Meetings of stockholders. Sec. IV. Be it further enacted , That for the purpose of raising the capital stock of said corporation the persons named in the first section of this Act shall be a Board of Commissioners, who, or a majority of them, are hereby authorized and empowered to open books of subscription for said stock at such times and places, in the State of Georgia, or elsewhere, as they may deem proper. The persons named in the first section of this Act, or a majority of them, shall constitute a Board of Directors, and shall have, and may exercise, all the powers and functions of such board until an election may be held. Books of subscription. Sec. V. Be it further enacted , That said company shall have power by means of canals, branch canals, pipes, dams, races, weirs, aqueducts, reservoirs, towpaths, machinery, and all other appliances, to divert, take from and use the waters of the Chattahoochee river, in the counties of Hall, Gwinnett, DeKalb and Fulton, or Peachtree Creek, or any other stream or body of water that may go to make up the Chattahoochee river or said Peachtree Creek, and introduce the same within the corporate limits of the city of Atlanta, or its vicinity, by paying to such landholders as may have riparian rights in any of the streams or bodies of water so taken or used from, as aforesaid, reasonable compensation therefor, and shall also have the right to lay pipes, dig ditches, and use any and all other means that they may think proper, to convey the water through the streets, lanes, alleys and lands

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within the jurisdiction of said city of Atlanta and its vicinity, and may appropriate to their own use such lands, tenements and materials of what kind soever in said city, or the counties aforesaid, belonging to private individuals or corporations, as may be necessary for the cheap, proper, and convenient construction and perfection of their canals, aqueducts, reservoirs, compresses, elevators, and their other works, upon paying to the owners thereof reasonable compensation for the same; Provided , said company shall not have power to construct or use any canal within the corporate limits of any incorporated town or city without first obtaining the consent, by resolution duly passed, of the Mayor and council, or other corporate authority of such town or city. Right to use Chattahoochee river and other streams. Compensation for riparian rights. May lay pipes, dig ditches, etc. May condemn private property. On payment of reasonable compensation. Sec. VI. Be it further enacted , That when any person or corporation shall feel aggrieved or damaged by any appropriation to the use of said company of any part of his or their lands, tenements, riparian rights or materials, and cannot agree with the company as to the amount of damage that has thereby accrued, the amount of such damage shall be ascertained by three appraisers, who, before entering apon the discharge of their duties, shall take and subscribe an oath before some Judge or Notary Public, well, truly and impartially to determine and award compensation in the premises. One appraiser shall be named by the Board of Directors, or its president, one by the aggrieved person, or corporation, and the two so named shall name a third, whose award, or that of a majority of them, certified in writing, under their hands and seals, in duplicate, one for each of the parties at interest, shall be recorded in the office of the Clerk of the Superior Court of the county in which such lands, tenements or materials are situated. And should said award be against said company, the amount named therein shall be paid unless appealed from as hereinafter provided. In case either of the parties shall be dissatisfied with the decision or award of said appraisers, such dissatisfied party may, within five days after recording the same, exercise his or their right of appeal, by making known such intention in a written notice served upon the adverse party, and upon the said Superior Court Clerk, whose duty it shall be thereupon to suspend further proceedings, and enter a memorandum of such appeal on the docket of the Superior Court to be tried by a special jury at the next term; Provided , said term is not held within sixty days after the rendition of said award; and, provided , that if said company shall give bond with good security, to be approved of by the Clerk of the Superior Court where the appeal is pending, to pay the eventual condemnation money in said case, then, that no differences or disagreement between said company and any corporation, landholder, or holder of any riparian rights, materials or privileges, may be a ground of injunction, or other court proceeding of any character whatsoever,

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against said company, directors or its agents, or otherwise suspend, hinder, delay or impede the work on the canal, pipe, reservoirs, ditches, elevators, or any privileges herein granted said Chattahoochee Canal Company. Dispute as to right-of-way or appropriation of property. Appeals. Shall not work delay. Sec. VII. Be it further enacted , That said company shall have the privilege and power of damming said streams, or in any other manner using the waters of the same, so as to introduce it within the city limits of Atlanta and within the counties named; and shall have power to make such contract with the City Council of Atlanta, or other cities within the counties named, for the purpose of carrying off all garbage, night-soils, filth, or other sewerage matter; and no person or corporation shall be permitted or authorized to connect any sewer or ditch, or place any matter or thing in said canal or its branches, without the express written consent of said company and paying therefor compensation. Said company is hereby authorized and empowered to run its ditches, pipes and other appliances anywhere within the counties aforementioned, for the purpose of irrigating, enriching or improving said lands, and the company shall be authorized to charge for said labor. Right as to drainage, etc. Sec. VIII. Be it further enacted , That no person or corporation shall be allowed or permitted to build or construct any canal, pipes, ditch or other appliances for conveying or bringing water to the city of Atlanta, or within the limits of the counties aforementioned, within ten miles of the proposed line of Chattahoochee Canal Company, except at the point of beginning and ending, and then for a distance of not more than five miles; Provided , that the restriction in this Act contained shall not apply to the corporate authorities of the city of Atlanta, or affect any vested rights that may have been acquired under any charter heretofore granted, if, indeed, any such rights have been acquired. May dig canal, or lay pipes, to bring water into Atlanta Sec. IX. Be it further enacted , That the shareholders of said company shall only be liable for the unpaid subscription of their stock, and are not personally liable for the debts of the corporation. Liability of stockholders. Sec. X. Be it further enacted , That the Chattahoochee Canal Company, or its successors, are hereby authorized and empowered to enlarge any of the works, buildings, elevators, or other appliances of said canal or branch canal, and enlarge said canal anywhere along the line of the same by deepening and widening the same, making basins, dams, reservoirs, or otherwise; also, to construct and build branch canals to and from said canal from any and all points, with the same privileges, rights and exemptions as are granted in constructing the main canal and other works, and to construct any dams, races, waste-weirs, weirs, towpaths, or other structures to improve or make available said canal or canals, in accordance with the provisions of this Act. Right to enlarge canals. To build branches.

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Sec. XI. Be it further enacted , That said Chattahoochee Canal Company, or its successors, are hereby empowered and authorized to allow water to be drawn from said canal or branch canals for the purposes of propelling machinery, or any and all other purposes that the Board of Directors may deem proper, at any and all points along the lines of the same, and are also empowered to conduct said water by pipes, ditches, or in any other manner and to any distance whatsoever, and charge for the use of said waters. May furnish water for manufacturing purposes. Sec. XII. Be it further enacted , That said company shall have full power to collect such rates of toll as they may deem just on all goods, wares, merchandise, produce, lumber, rafts of every description, logs, boats, vessels of every kind, and on all things that may be transported, conveyed, or passed through said canal, or branch canals, or any part thereof. Right to collect toll. Sec. XIII. Be it further enacted , That said Chattahoochee Canal Company, or its successors, are hereby authorized and empowered to build, construct, and operate elevators, compresses, warehouses, or other works, in any or all of the counties heretofore named, to-wit: Fulton, Gwinnett, DeKalb and Hall. To build elevators and warehouses. Sec. XIV. Be it further enacted , That any person or persons interfering, injuring, damaging, meddling, obstructing, or tampering with the property, real or personal, of said company, throwing night-soil, refuse, connecting sewers therewith, or injuring the water of said canal, or its branches, in any manner whatsoever, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for interfering with property of corporation. Sec. XV. Be it further enacted , That said Chattahoochee Canal Company shall be authorized and empowered to do and perform any and all things for the successful construction and operation of said canal, canal branches, elevators, compresses, and the other privileges herein delegated, as if the same had been specially granted and mentioned. General grant of powers. Sec. XVI. Be it further enacted , That said company may mortgage, convey, sell, or lease their canal and other properties, corporate rights and franchises, to obtain money to purchase, build, construct, operate, or maintain their works, or they may sell all said rights and privileges to any person or corporation that they may deem to their interest. Right to mortgage, sell, etc. Sec. XVII. Be it further enacted , That all laws, Acts, or parts of laws, or Acts militating or conflicting with this Act, are hereby repealed. Approved September 28th, 1881.

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ROMNEY MARSH CANAL AND NAVIGATION COMPANY INCORPORATED. No. 369. An Act to incorporate The Romney Marsh Canal and Navigation Company, to grant certain privileges therein named, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That J. N. Harriman, James W. Fellows, R. W. Woodbridge, George Parsons, J. L. Warren, and such other individuals as the above named persons shall associate with them, and their successors and assigns, shall hereafter be a body corporate by the name and style of The Romney Marsh Canal and Navigation Company, and by said corporate name shall be capable in law to make contracts, to sue and be sued, to buy, hold and sell real estate and personal property for its legitimate purposes, to make by-laws, not inconsistent with the laws of the land, to have and use a common seal, and alter or destroy the same at pleasure, and to do all other lawful acts, and to exercise in general all the powers incident to corporations, and necessary and proper for the transaction of the business for which it is incorporated, this charter to continue in force for the term of fifty (50) years, with the privilege of renewal at the end of said term. Corporators Name of corporation. Rights and liabilities. Term of corporation. Sec. II. That the capital stock of said company shall be thirty thousand ($30.000) dollars, divided into shares of one hundred ($100) dollars each, but with the privilege of increasing said capital stock from time to time, to any sum not exceeding one million ($1.000.000) dollars, whenever it may be deemed expedient by a majority of the Board of Directors of said corporation for the time being; and such stock shall be issued and transferred in such manner, and upon such conditions, as may be prescribed in the by-laws of such corporation, each share of one hundred ($100) dollars being entitled to one (1) vote at meetings of stockholders for election of officers, and upon other occasions, at such times and in such manner as the company shall, by its by-laws, prescribe. Capital stock. Transfer of stock. Right of stockholders to vote. Sec. III. That said corporation be, and is hereby, empowered to survey, lay out, build, dig, construct, use, own, and maintain a canal or slack water navigation of suitable width, depth, and dimensions, to be determined by the Board of Directors of the said corporation, through Romney Marsh, by such creeks, cuts, waterways, or otherwise, as may be deemed expedient by said Board of Directors, so as to connect Warsaw Sound with Odingsell river, with full power and authority to use such part or portion of the bed of the stream or streams used, if any, as may be

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deemed necessary in constructing said canal, and also to construct and maintain such banks or dams across said Romney Marsh as may be deemed advisable and necessary, and to improve by slack-water dams or otherwise, any or all the creeks or streams which will flow into, or be made to connect with, said canal, but nothing contained in this Act shall be construed to authorize said company to obstruct or collect toll upon any navigable water course, or in any way to impair or hinder the free use and navigation of any such water course. Powers of corporation and route of canal. May not obstruct navigable watercourse. Sec. IV. That said company shall have the power and authority to acquire by purchase or otherwise, and to hold for its corporate uses and purposes, all rights-of-way, or any other rights, franchises or property, necessary to the ends and aims of said corporation. If it shall become necessary in building said canal, or in improving any of its slack-water feeders and branches, or in building any banks or dams as aforesaid, to pass over or through any private property, the said company shall pay to the owner or owners of such lands or property, through which said canal or slack-water improvement may pass, a just indemnity, to be ascertained as hereinafter provided, for the value of the property or land taken for said canal, or any of the improvements connected therewith, for a reasonable distance on either side of same, or for damage done the property aforesaid by the passage of said canal, unless the said company and the owner or owners of said property may agree upon the said damages. Whenever any person shall feel aggrieved or injured by said canal being built or dug, through his or her land, or by the erection of banks, dams, and other improvements aforesaid, on, over or through his or her land, or property, as to any damage sustained as aforesaid, the amount of such damage or injury shall be ascertained or determined by the written award of three (3) sworn appraisers to be chosen, one by the Company, one by the owner, if he or she shall think proper, and one by the Ordinary of Chatham county; but if such owner shall decline or refuse to appoint an appraiser, then by two (2) appraisers appointed by the Ordinary, as aforesaid, and one (1) appointed by the company; the award of the appraisers appointed as aforesaid, to operate as a judgment for the amount against the company, and shall be recorded in the Superior Court of Chatham county at the next term of said court thereafter, and be enforced by execution from said court, with the right of appeal to either party, to be tried at the next term thereafter, by a jury in the same manner as is now prescribed by law for appeals from Justice Courts to the Superior Court, and the decision shall vest in the company the fee-simple of the right-of-way in question, and in the other party a judgment for its value thus ascertained to be enforced by the ordinary process of such court. Disputes as to right-of-way. Appeal. Sec. V. That the said company shall have the right to operate

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and use said canal and other improvements aforesaid in such manner as may be deemed most expedient, and shall have the power to collect such rates of toll as may be just and reasonable on all lumber, timber, logs, rafts, steamboats and other watercraft, of any and every description, that may be transported over, conveyed or passed on and through, the said canal, or through the said slack-water improvements connecting with the canal as aforesaid, or any part or portion thereof. The said company shall have for its toll or charges a lien on any property so passed over or conveyed through said canal and slack-water improvements aforesaid until said tolls or charges are fully paid, the enforcement of which lien shall be in accordance with the statute law of this State as embraced in article 5, chapter 2, title 3, part 2, of the Revised Code of Georgia of 1873, 1991. General rights. Right to collect toll. Lien for toll Sec. VI. That any person injuring the property of said company, or who shall throw earth, stones, trees, logs, rubbish, or any other matter or thing whatsoever, into said canal or slack-water improvements, or who shall wilfully cut, break or injure in anywise any dams or banks that may be built or erected by said company, shall be punished by indictment as for a misdemeanor, and on conviction may be fined or imprisoned, or both, at the discretion of the Court, as prescribed in section 4310 of the Revised Code of Georgia; and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or any person aggrieved, in any Court having jurisdiction. Penalty for injuring the property of the corporation. Sec. VII. That the said corporation, as soon as ten thousand ($10,000.00) dollars are bona fide subscribed, shall organize a Board of Directors, who shall elect, at their first meeting after such organization, one of their number as president, who shall receive such compensation as said Board of Directors may determine. The term of office of the president and Board of Directors as aforesaid, the manner and form of all subsequent selections of directors, shall be fixed and established by the by-laws to be framed by them, and all other officers shall be elected by the Board of Directors. Organization. President and Directors. Sec. VIII. That the said Board of Directors may call for further installments on each share, whenever necessary for the interest of said corporation, not to exceed one hundred ($100) dollars in all on each share, giving at least ten (10) days' notice in a public gazette of the city of Savannah of such call; and any and all stockholders failing to pay such installments so called for, within thirty (30) days after the time designated by such call, shall forfeit his or her stock in said company, and all payments which he or she may have heretofore made, and the stock so forfeited shall vest in and become the property of said company, to be disposed of as the said Board of Directors may determine. Installments of stock. Forfeiture of stock.

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Sec. IX. That the said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable, in his or her private capacity, for the amount of stock subscribed for by him or her, until said subscription is fully paid up, until the stockholder shall have paid, out of his or her private property, debts of the said corporation to an amount equal to his or her unpaid subscriptions as aforesaid. Liability of corporation and stockholders. Sec. X. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. CUMMINGS AND SUWANEE RAILROAD COMPANY INCORPORATED. No. 379. An Act to incorporate the Cummings and Suwanee Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, Hiram P. Riden, Joseph D. Foster, John T. Brown, John B. Knox, James C. Blackstock, Robert A. Eaks, Thomas L. Sims, Kennedy Grambling, William F. Moore, John L. Hudson, John Hockenhull, and such other persons and corporators as are or may be associated with them, and their successors and assigns, be, and they are hereby, created a body politic and corporate, by the name and style of the Cummings and Suwanee Railroad Company; and in and by that name they may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State or the United States; may make by-laws, and appoint all necessary officers, and prescribe their duties; and may accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do other lawful acts properly incident to and connected with said corporation, and necessary for the control and transaction of its business; Provided , that their by-laws are not repugnant to the constitution and laws of this State and of the United States. Corporators Name of corporation. Sec. II. That for the organization of said company said persons hereinbefore named, or a majority of them, shall have power to call a meeting of the corporators herein named, to appoint the times and places at which subscriptions for stock in said com pany may be taken, and every person or corporation, or body

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politic subscribing at any such places, or at any time afterwards, under the direction of a majority of said corporators or directors hereinbefore 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. Organization. Sec. III. That the officers of said company shall serve for the space of twelve months from their election, or until their successors are elected, and may prescribe in their by-laws the time and manner of holding their subsequent annual elections of president and eight directors; at each annual election of president and directors each stockholder shall have the right to cast one vote for each share owned by him in said stocks, and may vote in person or by proxy, under power of attorney duly executed. The Board of Directors shall have full 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. Terms of officers. Elections. Vote of stockholders. Quorum of Directors. Sec. IV. That the capital of said company shall not exceed one hundred thousand dollars, to be divided into shares of twenty-five dollars each, and the Board of Directors prescribe the mode and conditions of said subscriptions for stock in said company, and issue certificates for the same. Capital stock Sec. V. Each subscriber to the stock of said company shall be liable for all installments falling due upon his or her subscription, and a failure of any stockholder to pay any installment within the time appointed for the payment of the same, may be sued for said unpaid installment or installments in any court having jurisdiction; but neither the personal or real property of any stockholders shall be liable or bound for any debt or liability against the company after he has fully paid up his subscription to the stock of said company. Installments of stock. Forfeiture of stock. Liability of stockholders. Sec. VI. That said company shall have full power and authority to survey, lay out, and construct a railroad, broad or narrow gauge, from the town of Cumming to Suwanee, or to such other point on the Atlanta and Charlotte Air-Line Railroad as may be agreed upon by said company or its representatives. Route of road. Sec. VII. Be it enacted , That in all cases where a question of right-of-way arises, and the parties are 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 damages to be paid for such right-of-way, they shall select a third man, who shall assess the damages to be paid by said railroad company for running said railroad through the lands of any citizen, reserving to either party the right of appeal to the Superior

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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 consideration the enhanced value of the land from the building of said road passing through said land. Disputes as to right-of-way. Enhanced value of land may be considered. Sec. VIII. That from and after the passage of this Act, the said corporators, or any three or more of them, may open books of subscription; and when, in their judgment, they have a sufficient amount subscribed to commence said road, they shall appoint a time and place to hold an election for president and directors; and they shall give sufficient time and notice to each stockholder that they may be present at such elections; Provided , that no organization of said company shall take place until twenty thousand dollars have been bona fide subscribed to the capital stock, and twenty per cent. thereof shall have been actually paid in. Books of subscription. Sec. IX. Be it further enacted , That it shall be the duty of the directors of said railroad to keep at their principal office or place of doing business, a stock-list, containing the names of the stock-holders in said company, and the number of shares owned by each, which list of stockholders shall at any time and at all times be subject to inspection of any person desiring to see the same. Stock list to be kept. Sec. X. That the provisions of this charter shall continue in force for the term of fifty years from date of its passage, and all laws and parts of laws conflicting with the same be, and are hereby, repealed. Term of corporation. Approved September 28th, 1881. INDIAN SPRINGS RAILROAD COMPANY INCORPORATED. No. 382. An Act to incorporate the Indian Springs Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That George W. Adair, B. W. Collier, Wm. F. Smith, J. H. Bryant, G. A. Howell, H. J. Lamar, A. O. Bacon, R. J. Lawson and their associates, successors and assigns be, and they are hereby, incorporated and made a body politic and corporate, under the name and style of the Indian Springs Railroad Company, and as such, may sue and be sued in any court of law or equity in this State; may have and use a common seal, and purchase, accept, hold, or convey, any property, real or personal, for the purposes of said company; may make by-laws, appoint all

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necessary officers, and prescribe their duties; may make contracts, and do all lawful acts properly incident to, or connected with, said corporation, and necessary for organizing, transacting, and controlling its business consistent with the laws of this State. Corporators Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed fifty thousand dollars. Capital stock. Sec. III. Be it further enacted by the authority aforesaid , That the said persons hereinbefore named, or a majority of them, shall be authorized to act as a Board of Directors for said company until the organization thereof, and to open books and procure subscriptions to the capital stock of said company, and that the organization of said company, and the election of officers shall be perfected as soon as twenty-five hundred dollars of said stock are subscribed, and when twenty per cent. thereof has been actually paid in, and each subscriber to said stock shall be a stockholder in said company, and shall pay in the stock subscribed by him, at such times and in such amounts as the by-laws of said company may require. In the election of officers, and the organization of said company, each share of stock shall be entitled to one vote, under such rules as said by-laws may fix. Corporators may act as Board of Directors. Open books of subscription, etc. When organization is complete. Payments for stock. Votes of stockholders. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have power to construct, maintain, equip and operate a railroad of any gauge the directors may deem best, to be used with steam or animal power, from any point in Butts county, Georgia, within one hundred yards of Indian Springs, to any other point in Butts county, Georgia, which said directors may select, on the line of the railroad to be built from Macon to Atlanta, Georgia, by the lessees or purchasers of the Macon and Brunswick Railroad Company, under the Acts of the Legislature of Georgia of 1879; Provided , that no connection with the line of said railroad to be built by the lessees or purchasers of said road shall be made without the consent of said railroad company, and that said directors shall have power to provide and charge reasonable rates for carrying freight and passengers over the line of said company. General powers of corporation. Route of road. Sec. V. Be it further enacted by the authority aforesaid , That the right-of-way, not exceeding fifty feet in width, necessary for said company, which right-of-way, with such other grounds as may be necessary for said railroad company, if said company cannot agree with the owner thereof as to the price to be paid for the same, may be acquired by condemnation; and in all cases where a question of damages may arise in reference to the right-of-way of said road, and the parties shall be unable to agree on the amount, the land owner or his agent may select an arbitrator, and the company another, and these two a third, in case the two cannot agree on the amount, all of the arbitrators to be disinterested parties,

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and said arbitrators, or a majority of them, shall assess the damage to said land, if any, caused by the running of said road through the same (the benefit of the road to the land to be considered in all cases), and the parties shall abide by and carry out the assessment made as aforesaid; Provided , that either party who is dissatisfied with the finding of the arbitrators, may appeal to the Superior Court, under the laws of force regulating appeals to that Court; and, provided, further , that no injunction shall operate to stop the building of said road pending such appeal. Right-of-way. Disputes as to right-of-way. Enhanced value of land may be considered. Appeal. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict herewith are hereby repealed. Approved September 28th, 1881. MONTICELLO AND TRANS-OCMULGEE RAILROAD COMPANY INCORPORATED. No. 384. An Act to incorporate the Monticello and Trans-Ocmulgee Railroad Company, to confer certain privileges on the same, and for other purposes therein provided. 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 James L. Maddox, Fleetwood Walker, Flemming Jordan, J. W. Preston, O. G. Roberts, Aris Newton, F. M. Swanson, and A. J. Talmadge, of the county of Jasper; and Samuel F. Smith, H. J. Lamar, Eli E. Pound, and J. W. Gibson, of the county of Butts, and such other persons as shall associate with them under said name, shall be, and they are hereby, made and constituted a body corporate and politic, with all the rights and privileges common and necessary to such a corporation, and such other rights and privileges as are hereinafter provided for and conferred, under the name and style of The Monticello and Trans-Ocmulgee Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted , That said company be, and it is hereby, authorized to construct a railroad, with one or more tracks, to be used with steam, from the town of Monticello, in the county of Jasper, or from the nearest point to said town practicable, westward through the county of Jasper, and by bridge across the Ocmulgee river, and thence into the county of Butts, said State, to intersect, at the most eligible point, with what is now known as the projected extension line of the Macon and Brunswick railroad, through said county of Butts, said eligibility

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to be determined by the directors, or a majority of them. Said company shall have the privilege of extending the said road to the Indian Springs, or to the town of Jackson, in Butts county. Authority. Route of road. Sec. III. Be it further enacted , That said corporators, their associates and successors, be, and they are hereby, authorized, for the purpose of procuring stock in said company, to open books and procure subscription of stock at the rate of one hundred dollars per share, at such times and places as they may deem proper; to borrow money, issue certificates of stock and other certificates or evidences of debt or claim, as may be deemed expedient; to issue bonds and other securities, and to make the same convertible into stock at the pleasure of the holder; to create mortgages and other liens, to secure loans, or otherwise pledge the road or other property of the company; to make any and all lawful contracts for the purchase of cars, iron, rails, material for depots, and other articles and things that may be necessary to carry out the object of the corporators; to buy, sell, hold, and use real and personal property; to sue and be sued, plead and be impleaded, in any of the courts of this State, or of the United States, and to have and enjoy all and singular the rights and privileges usually conferred upon corporations of this character. Books of subscription. Value of shares. Power to borrow money, issue certificates of stock and bonds. Contracts. Hold and sell property. Sec. IV. Be it further enacted , That calls for the payment of the shares of stock by the subscribers may be made at such times and in such installments as may be deemed expedient by the directors and consistent with the terms of subscription, notices of such calls being first given in some public gazette, most accessible to the subscribers and having a general circulation about them, for thirty days. When notice is given, if any shareholder shall fail or refuse to pay in the installments required in such call by the president and directors, or a majority of them, within ninety days after the call shall have been advertised as aforesaid, it shall and may be lawful for the president and directors, or a majority of them, to sell at public auction, and to convey to the purchaser or purchasers the share or shares of the defaulting stockholder. Twenty days' notice of the time and place of sale must be given, and after retaining the sum due under said call, and all the expenses incident to the sale out of the proceeds, they shall pay the surplus to the former owner, or his legal representative or assignees, and any of the purchasers of stock under said sales shall be subject to the same rules and regulations as the original owner, and no sale by the original proprietor of stock, or assignees, shall relieve the original proprietor from his obligation to the company to pay the whole amount of his subscription. In addition to the foregoing remedy, the president and directors may proceed by action of assumpsit or debt in any of the courts of law or equity in this State for the receovery of the installments due and not paid by any delinquent stockholder, or his assignees,

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who shall not pay the same on requisition made in manner and form as aforesaid; or the president and directors, or a majority of them, may declare the share or shares of any stockholder in arrears, after twenty days' notice, forfeited for the use and benefit of the company. Payment for stock. Forfeiture of stock. Transferees of stock. Officers of company may sue for stock. Sec. V. Be it further enacted , That the said railroad, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred or assigned, in such manner as may be directed by the by-laws of said company, and shall have full power to consolidate or connect with any other railroad company in or out of this State; Provided , that in case of sale or consolidation, the purchaser or purchasers, or the consolidated company, shall assume all the liabilities of the company in debts, bonds, with interest thereon at the time. Road may be sold or leased. May consolidate with other companies. Sec. VI. Be it further enacted , That the capital stock of said company shall be fixed at three hundred thousand dollars; but if this sum is deemed insufficient by a majority of the Board of Directors, it shall and may be lawful, at some general meeting of the stockholders from time to time, to increase the same to an amount sufficient to carry out the object of the corporators, by the addition of as many shares as may be necessary for that purpose; and the president and directors shall first give the individual stockholders for the time, or their legal representatives, the option of taking such stock, and if the same is not taken by said stockholders, the president and directors may cause books to be opened, under the direction of commissioners to be appointed by them, at such time and place as they may designate, which shall be duly advertised, for subscription for said additional stock, or for so much thereof as may not be taken by the individual stockholders; and the subscribers for such additional shares are hereby thenceforward incorporated into said company, with all the privileges and advantages, and subject to all the regulations and liabilities, of the original stockholders. Capital stock. Books of subscription. Sec. VII. Be it further enacted , That said company shall have the exclusive right of transporting persons, goods, merchandise, and other articles and things over said road to be by them constructed, and shall have power to fix and establish such rates of charges as the Board of Directors may establish, not inconsistent with the constitution and laws of this State, and shall have power to pass all by-laws and regulations necessary to carry out the object of the corporators, subject to the laws of this State and of the United States. Power of company. Sec. VIII. Be it further enacted , That the incorporators herein named shall be ex-officio directors for said road until their successors are elected, and shall have power to elect their president and treasurer, and all other officers and agents that they may

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deem necessary, and to fill all vacancies that may occur by death, resignation or otherwise. Incorporators shall be ex-officio Directors. Vacancies. Sec. IX. Be it further enacted , That in obtaining the right-of-way along the line of said projected road, when a question of right-of-way may arise, and the parties being unable to agree, upon the application of either party, the Sheriff of the county in which the land is situated, shall summon a jury of twelve freeholders of the county, who shall assess the damages to be paid by the company for running said road through the land of the citizen, saving to either party the right to appeal to the Superior Court of the county, in which event, the foreman of the jury shall return the proceedings to the Clerk of the Superior Court of the county, together with the appeal bond. In such trials the jury shall be severally sworn in assessing damages to take into account the probable enhanced value of the land by reason of the building of the road through the land in addition to the oath to truly and justly assess said damages; Provided , that in no case shall the right-of-way extend more than one hundred feet in width on each side of said road. Rights-of-way. Disputes as to right-of-way. Appeal. Width of right-of-way. Sec. X. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. GREENVILLE AND WHITE SULPHUR SPRINGS RAILROAD INCORPORATED. No. 415. An Act to incorporate the Greenville and White Sulphur Springs Railroad Company, and for other purposes therewith connected, relating to the formation, organization, construction and operating said road. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, Henry R. Harris, W. T. Revill, Henry Parkman, C. L. Davis, J. O. Christian, James F. Ogletree, of the county of Meriwether; and M. E. Gray, of the county of Muscogee; and such persons as may be associated with them, or a majority of them, be, and are hereby, incorporated by the name and style of the Greenville and White Sulphur Springs Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State, or the United States, and may make by-laws, and appoint all necessary officers and prescribe their duties, may accept, purchase, hold and convey, any property

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whatsoever, either real or personal, necessary for the purpose of organizing, constructing, equipping and operating said railway; may make contracts, have and use a common seal, and do all lawful acts properly incident to and connected with said corporation, and necessary for organizing, controlling and transacting its business, not inconsistent with the laws of said State, the constitution of this State or the United States. Corporators Name of corporation. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That the said corporation shall have full power and authority to construct and operate a railroad from Hood, in Harris county, or such other convenient and eligible point on the Columbus and Rome Railroad as may be agreed upon by the Board of Directors of said Greenville and White Sulphur Springs Railroad Company, to Greenville, the county site of Meriwether county, via the White Sulphur Springs, with authority to run a connecting branch from said Greenville and White Sulphur Springs Railroad to the Warm and Chalybeate Springs, in Meriwether county. Power of corporation and route of road. Sec. III. Be it further enacted by the authority aforesaid , That for the organization of said company, said persons hereinbefore named, or a majority of them, shall have power to open books of subscription, under such regulations as they may direct, fix the amount that shall constitute a share in the capital stock, and when fifty shares shall have been subscribed to the capital stock of said company, said corporators, or a majority of them, may appoint a time and place for the meeting of said stockholders, of which they shall give thirty days' notice in such public gazette 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 the election of a president and six directors, and said president and directors shall hold their offices for one year, and until their successors are elected; the by-laws may prescribe the time and manner of holding annual elections of president and Board of Directors, and at all the meetings of the company each stockholder shall have the 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, she, or they may hold in his, her, or their own right, for thirty days prior to said election, one vote for each share. The Board of Directors shall have power to fill all vacancies that may occur in said board; five directors shall constitute a quorum for transaction of business, of which the president shall be one, except in cases of sickness or absence, when his place may be filled by one of the members, pro tem. , selected by a majority of the board present. Books of subscription. First meeting of stockholders. Officers. Terms. Right of stockholders to vote. Vacancies. Sec. IV. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed one hundred and fifty thousand dollars, and be divided into such number of

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shares as said company may prescribe; and said shares may be transferred on the books of the company as may be provided by the by-laws; but no stockholder indebted to said company shall transfer his, her, or their stock without the consent of the Board of Directors. Capital stock. Transfer of stock. Sec. V. Be it further enacted by the authority aforesaid , That all questions concerning the right-of-way between said company and the owners of the land through which said road 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 Railway Company, and confer thereon certain powers and privileges; that said railway company shall have authority to receive subscriptions in lands, labor, or material, as may be agreed upon between the company and the person subscribing. Disputes as to right-of-way. Sec. VI. Be it further enacted by the authority aforesaid , That the said Greenville and White Sulphur Springs Railroad Company be, and is hereby, authorized to consolidate, combine, or unite with any other railroad company or companies, directly or indirectly connecting therewith; and may unite the management of said companies upon such terms, conditions, and provisions as shall be agreed on between such companies so consolidating or uniting; and such companies, so consolidating or uniting, may adopt such corporate name as they may deem best. Right to consolidate with other companies. Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 29th, 1881. BRUNSWICK AND FLINT RIVER RAILROAD COMPANY INCORPORATED. No. 421. An Act to incorporate the Brunswick and Flint River Railroad Company. Section I. Be it enacted by the General Assembly of Georgia , That Thos. R. Bennett, Geo. C. Cochran, Thos. R. Davis, John Frazier, W. A. Harris, H. P. Townsend, J. M. Keaton, Simeon Bowles, R. R. Jenkins, Nelson Philips, A. J. Alford, and such other persons and incorporators as may be associated with them, and their successors and assigns, be, and they are hereby, constituted a body politic and corporate, by the name of the Brunswick and Flint River Railroad Company, and as such, may sue and be

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sued, plead and be empleaded, in any court in this State, or the United States; 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 use of the charter; may exercise in general all the powers incident to corporations. Corporators. Name of corporation. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That said company shall have power and authority to survey, lay out, construct, equip, and use a railroad from a point on Flint river, in Mitchell county, known as Hell's Gate, or any other point between Hell's Gate and a point opposite Newton, to Camilla, and thence to the right-of-way on the Albany and Brunswick Railroad, at or near Sumner, or Davis station, on said railroad, in the county of Worth, by a convenient and practical route between said points. Said company shall have power to connect said railroad with any other line of road upon such terms as may be agreed on between said company and any other company, and may construct such turnouts and switches as they may deem necessary, and to carry travelers and freight over said railroad for reasonable compensation, which they are empowered to collect as other railroad companies do; to open books and procure subscriptions for stock at such time and places as may be thought proper; to borrow money and make contracts on account of said road, and lease the same, if they choose; Provided , said contracts are not in violation of the constitution and laws of this State, Powers of corporation and route of road. May connect with other roads. Additional powers. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed six hundred thousand dollars. The stockholders shall elect a Board of Directors from their own body, consisting of five (5) in number, and at said election, and all others held by said stockholders, each shall be entitled to one vote for each share of stock owned by him or her. 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. Said Board of Directors shall be elected annually to hold office for one year, or until their successors are elected. Capital stock. Value of shares. Election of Directors. Officers. Term of Directors. Sec. IV. Be it further enacted by the authority aforesaid , That the said company shall have the power to use and enforce the payment of the stock subscribed, under the laws of this State in which such subscription may be made, and shall have power to condemn lands for the use of the company, when such lands cannot be acquired by the consent of the owner, and if the parties fail to agree as to the value of the right-of-way, the damages shall be ascertained, collected and paid over in the same manner as is provided for the settlement of similar claims in the charter of the Toccoa and Tallulah Railway Company, contained in An Act to

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incorporate the Toccoa and Tallulah Railway Company, and for other purposes therein named, approved February 25th, 1876. Payment for stock. Disputes as to right-of-way. Sec. V. Be it further enacted by the authority aforesaid , That the right-of-way of said railroad company shall not be over fifty feet on each side of the track of said road. That said company shall have full power and authority to carry such railroad through any streets of Camilla as may be agreed upon by the municipal authorities and said company, and over any public road or roads, across any stream or streams, or water courses which may be in the route of said railroad, as located and determined by the engineer of said company. Width of right-of-way. May construct road through streets of Camilla and over public roads. Sec. VI. Be it further enacted by the authority aforesaid , That said company shall have 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 this State. By-laws and rules. Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 29th, 1881. RAILROAD FROM ELBERTON TO INTERSECT NEW YORK AND NEW ORLEANS AIR LINE INCORPORATED. No. 422. An Act to amend an Act entitled, An Act to construct a railroad from Elberton, Georgia, to intersect with the New York and New Orleans Air Line Railroad by the most practicable route, approved December 13th, 1871, so as to authorize the extension of said road to the northern State boundary, the building of a branch railroad, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section second (2) of the above recited Act be, and the same is hereby, amended by adding to said section the following, to-wit: And said company shall be authorized to build a branch railroad from Elberton, Georgia, to any point on the Broad river, on the line of Oglethorpe or Wilkes counties. Railroad from Elberton to any point on the line of Oglethorpe or Wilkes counties. Sec. II. Be it further enacted , That section sixth (6) of the above recited Act be, and the same is hereby, amended by striking out all of said section sixth after the word authority, and adding thereto the following, to-wit; By a majority vote of its stockholders, to unite or consolidate with any other company or corporation, and to lease or buy other railroads; Provided ,

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such lease or sale does not diminish, or be not intended to diminish, competition, and it is not in conflict with the constitution or laws of this State, so that said section sixth, when amended, shall read as follows, to-wit: That said company shall have power and authority, by a majority vote of its stockholders, to unite or consolidate with any other company or corporation, to lease or buy other railroads; Provided , such lease or sale does not diminish, or be not intended to diminish, competition, and is not in conflict with the constitution or laws of this State. May unite with other roads. Or lease or buy other roads. Provided it did not diminish competition. Sec. III. Be it further enacted , That conflicting laws be, and the same are hereby, repealed. Approved September 29th, 1881. ROME SOUTHERN RAILROAD COMPANY INCORPORATED. No. 424. An Act to incorporate the Rome Southern Railroad Company, and to authorize said company to build and operate its road from the city of Rome, Georgia, southward to the Florida line, in the direction of St. Marks, Florida, with branches to Atlanta, Macon, Columbus and Brunswick, Georgia, and to authorize said company to consolidate its road with any other railroad chartered by this State, the State of Tennessee, or the State of Florida, so as to make a continuous line of railroad from Chattanooga, Tennessee, to St. Marks, Florida, and to grant certain powers and privileges to the same, and for other purposes therein named. Section I. Be it enacted , That for the purpose of constructing a railroad and its branches, as set forth in the seventh section of this Act, C. J. Munnerlyn, of Bainbridge; William M. Hammond, of Thomasville; B. B. Bower, of Bainbridge; J. M. Dexter, of Brunswick; William A. Turner, of Newnan; James C. Freeman, of Flat Shoals; B. A. Thornton, of Columbus; H. M. Smith, J. Branham and John W. Turner, of Rome; Evan P. Howell, of Atlanta; Charles H. Smith and Mark A. Hardin, of Bartow county; Thomas Hardeman, of Macon; William A. Harris, of Worth county; and I. H. Branham, of Fort Valley; their associates and assigns be, and they are hereby, declared to be a body politic and corporate by the name and style of the Rome Southern Railroad 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

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personal property, which they may deem necessary and proper for the use of said railroad company. Corporators Name of corporation. Rights and liabilities. Sec. II. And be it further enacted , That the capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of ten millions of dollars. Capital stock. Sec. III. And be it further enacted , That when the sum of five hundred thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by publication in some public newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice for the purpose of electing from their own number a board of not less than five directors, to manage and control the business of said company for one year, and until their successors are elected and installed; and said Board of Directors, as well as all other Boards of Directors that may be thereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the government and control of the board and the company, and to appoint and employ such officers, agents and servants as may be deemed proper by said Board of Directors. First meeting of stockholders. Directors. Term. By-laws. Sec. IV. Be it further enacted , That in the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy, by power of attorney, upon which ten per cent. has been paid. Vote of stockholders. Sec. V. And be it further enacted , That when said corporators have complied with the requirements set forth, and an election for a Board of Directors shall have been held as provided for in this Act, the books of subscription to the capital stock of said company, together with all other books and papers appertaining to the business of said company, shall be turned over to said Board of Directors, and the powers of the corporators, except as other stockholders and subscribers, shall cease. Books and papers to be turned over to Directors. Sec. VI. And be it further enacted , That when the subscribers to the capital stock of said company shall have convened, and elected a Board of Directors under the provisions of this Act, they, and their associates and successors, shall be deemed, held and considered as a body corporate and politic, under the name and style of The Rome Southern Railroad Company, with continuous succession, and the rights, powers, privileges usual and necessary to such a corporation, for fifty years. When incorporation is complete. Sec. VII. And be it further enacted , That said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad from Rome, Georgia, southward by way of Cedartown, in the county of Polk, and Buchanan, in the

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county of Haralson, and provided that said road shall run to, or as nearly to, Carollton, Georgia, as may be practicable, to the Florida line in the direction of Saint Marks, in said State, passing with main trunk, or some of its branches, through some or all of the following counties, to-wit: Polk, Haralson, Paulding, Carroll, Douglass, Campbell, Coweta, Troup, Meriwether, Pike, Upson, Crawtord, Taylor, Macon, Dooly, Houston, Worth, Colquitt, Thomas, Mitchell, Decatur and Dougherty on the line of the main trunk; and also to survey, locate, construct, make, build, maintain, equip, use, and operate a branch road from the main trunk, at some convenient point, to the city of Atlanta, in the county of Fulton, passing through some or all of the counties of Paulding, Cobb, and Douglas; and also to survey, locate, construct, make, build, maintain, equip, use and operate a branch road from the main trunk, at some convenient point to the city of Columbus, in the county of Muscogee, passing through some or all of the counties of Meriwether, Harris and Muscogee; also survey, locate, construct, make, build, maintain, equip, use and operate a branch road from the main trunk, at some convenient point to the town of Greenville, Meriwether county; and also to survey, locate, construct, make, build, maintain, equip, use and operate a branch road from the main trunk, at some convenient point to the city of Brunswick, in the county of Glynn, passing through some or all of the counties of Wilcox, Irwin, Coffee, Appling, Ware, Pierce Wayne and Glynn; and the said company shall have power to accept, purchase, lease, have and hold and convey, any property real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery, and do such other things as it may deem proper for its advantage and benefit; Provided , that said company, may in its discretion, or at its option in locating and building said road, locate and build the same through the county of Talbot, by way of Talbotton, and county of Marion, by way of Buena Vista, and through the county of Schley, by way of Ellaville, and through the county of Sumter, by way of Americus, and through the county of Heard, by way of Franklin, if practicable. Powers of corporation and route of road. Branch roads. General additional powers. Sec. VIII. And be it further enacted , That in all cases where a question of right-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the Sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five disinterested freeholders of said county, who shall assess the damage to be paid by said railroad company, after being sworn to take into consideration the enhanced value of said land from, or in consequence of, the building of said railroad, as well as any damages occasioned thereby, and to do justice impartially between the parties, which assessment shall be final and conclusive between the parties, unless an appeal shall be entered to the Superior

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Court of the county within four days from the decision, which may be done by either party, upon complying with the rules heretofore existing for appeals in the Superior Court. Each party shall be entitled to ten days' notice of the time and place of hearing by the Sheriff. Disputes as to right-of-way. Enhanced value of land may be considered. Appeal. Sec. IX. And be it further enacted , That the said company shall have power to receive land or other property as part payment of the subscription to its capital stock, at such valuation as may be agreed upon under the rules, regulations, and by-laws of said company. Payment of subscriptions to stock. Sec. X. And be it further enacted , That until a Board of Directors shall have been duly elected and installed into office, the corporators, or a majority of those named, shall have all the powers of the Board of Directors to be elected, and may do and perform every act that said Board of Directors may, might, or could do when legally and regularly elected. Temporary Board of Directors. Sec. XI. And be it further enacted , That said railroad company may contract loans, borrow money, mortgage its property, real or personal, and the franchise, and do and perform any other act which may be to its interest or advantage, not inconsistent with the laws of this State. May contract loans and borrow money. Sec. XII. And be it further enacted , That, in case of the failure of said corporation, the stockholders shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by him until the said subscription is fully paid up, or until the stockholder shall have paid out of his private funds, debts of the said corporation to an amount equal to his unpaid subscription. Liability of stockholders. Sec. XIII. And be it further enacted , That the said company shall have power and authority to consolidate its road and franchise with any other railroad, or company, or companies, now or to be hereafter incorporated by this State, or the State of Tennessee, or the State of Florida, so as to make a continuous line of railroad from Chattanooga, Tennessee, to St. Marks, Florida, and other points herein named; Provided , such consolidation is not intended to have the effect, or does not have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly; and, provided, further , that no person or persons owning a controlling interest in said road herein chartered, whether as stockholder or lessee, shall at any time own a controlling interest, whether the same be as stockholder or lessee, in any competing road, and any infringement of the provisions of this charter shall operate as a forfeiture thereof, and shall be so declared by the courts. Power to consolidate with other roads. Provided it does not lessen competition. No person owning a controlling interest in this road may own a controlling interest in other roads. Sec. XIV. Be it further enacted by the authority aforesaid , That in case the said sum of five hundred thousand dollars shall not have been actually and in good faith subscribed to the capital

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stock of said company within four years from the date of the passage of this Act, or in case the work of constructing the main line herein authorized to be built, shall not have been actually begun within four years from the date of the passage of this Act, then the franchises and privileges herein conveyed shall cease and be deemed forfeited. Subscription of $500,000.00 must be paid or work begun in four years. Sec. XV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. ROME CANAL AND WATER COMPANY INCORPORATED. No. 429. An Act to incorporate the Rome Canal and Water Company. Section I. The General Assembly of the State of Georgia do enact , That G. W. Holmes, John Noble, T. F. Howell, A. T. Brower, M. Dwinell, J. W. Rounsaville, C. N. Featherston, W. P. Simpson, Thomas Berry, and John H. Reynolds, and their associates and successors, are hereby constituted a body corporate, by the name of the Rome Canal and Water Company, with all such powers, privileges and liabilities as are legally incident to such bodies. Corporators Name of corporation. Sec. II. Be it further enacted , That said corporation is hereby empowered to construct a canal, from such point on the Etowah river as it may elect, to and through the city of Rome, in the county of Floyd, or to some point in the vicinity thereof, and to divert the waters of said river into and through such canal, and for this purpose to construct all dams or other obstructions in or across said river that may be required. Said canal may be located on either side of said river. Power of corporation and route of road. Sec. III. Be it further enacted , That said corporation is empowered to keep and maintain said canal and its appendages for the following uses and purposes, to-wit: for transporting freight and passengers thereon for hire; to furnish to the city of Rome and the towns thereto adjacent an ample supply of water; to use the water of said canal to propel machinery for manufacturing and other purposes, and to sell to other persons the use of said water for such purposes; said corporation is authorized to apply said canal and the water thereof to any one or more, or to all, the uses and purposes aforesaid, and to any and all other uses and purposes which may be lawful and which it may deem expedient. Purposes of corporation. Sec. IV. Be it further enacted , That, to enable said corporation

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to accomplish the object and purposes aforesaid, it may acquire, hold and sell real estate; may lay and construct pipes, race-ways and other aqueducts, to distribute and carry the water from its main canal to the points where required for use; may construct such buildings and machinery, and carry on such manufacturing establishments and works as it may deem fit, and may employ any other means and appliances which may be proper and lawful. Additional powers. Sec. V. Be it further enacted , That should said corporation and the owner of any land required for the location and making of said canal, or any of its appendages, or for laying and constructing the pipes, race-ways and aqueducts hereinbefore mentioned, or which may be injured by back-water from its dams, not agree as to the purchase thereof by the corporation, or of such easement thereon as may be required, then the Clerk of the Superior Court of said county of Floyd shall, upon the application of said corporation, issue to the Sheriff a writ requiring said Sheriff to summon a jury of five persons, who shall be competent jurors, and in no wise interested, to meet upon the lands in question, on a day therein named, not later than ten days after the date of such writ, and assess the amount of compensation which said corporation shall pay for the land or easement required, which land or easement shall be described and specified in said writ. The Sheriff shall give the land-owner at least five days' notice of the time and place of such assessment. The jury, when so summoned, after being first sworn by the Sheriff to make a true, impartial assessment, shall examine the lands involved, hear such evidence as may be adduced by the parties, and make in writing their assessments aforesaid. Either party may, within twenty days thereafter, appeal from such assessment to the Superior Court, under the rules governing appeals from Justice Courts. But the corporation shall not be delayed by such appeal in the prosecution of its work upon the land in question; Provided , it will make and file in the office of the Clerk of said Court a bond with sureties for the payment of such compensation as may be finally assessed. Upon payment of the compensation so assessed, the corporation shall become invested with title in fee to the lands or assessments in the writ aforesaid described. Disputes as to right-of-way. Appeal. Sec. VI. Be it further enacted , That the capital stock of said corporation shall be two hundred and fifty thousand dollars, which it may increase to two millions, the same to be divided into shares of one hundred dollars each. Capital stock. Value of shares. Sec. VII. Be it further enacted , That said corporation shall be organized in such manner, and be governed by such officers, and subject to such by-laws, as the stockholders thereof may ordain, each stockholder being allowed, in all meetings and deliberations

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of the body of stockholders, as many votes as he may own shares of the capital stock. Officers and By-laws. Sec. VIII. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. MIDDLE GEORGIA RAILROAD INCORPORATED. No. 432. An Act to charter the Middle Georgia Railroad, and for other purposes, said road to extend from Sandersville or Tennille, on the Central railroad, to Union Point, on the Georgia railroad. Section I. Be it enacted by the General Assembly of the State of Georgia , That Horatio N. Hollifield, S. B. Jones, R. L. Warthen, B. D. Evans, William Rawlins, A. Mathis, Thomas M. Harris, W. H. Parsons, J. R. Lattimore, Jared I. Irwin, C. R. Pringle, M. Newman, John N. Gilmore, S. G. Jordan, J. T. Youngblood, M. D. C. M. Summerlin, R. Tappan, and such others as shall associate with them under the name of the Middle Georgia Railroad Company. shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such a company, and as such may sue and be sued, plead and be impleaded, in any court within this State; may have and use a common seal, and alter the same at pleasure, and shall have power and authority to fill any vacancy in the above board, whether caused by death, resignation, refusal to accept, or otherwise. Corporators Name of corporation. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That said company have power and authority to build a railroad from Sandersville or Tennille, on the Central railroad, to Union Point, or near there, on the Georgia railroad, by what they may deem the best and most practicable route, (said railroad to pass through the counties of Washington, Hancock, and Green,) and they shall have the liberty of uniting this railroad with any other railroad convenient to them, that they may desire, in order to transact their business quickly and profitably; Provided , the road or roads they desire to connect with are willing, and arrangements can be made satisfactory to all concerned. Power of corporation and route of road. Power to unite with other roads. Sec. III. Be it further enacted , That the said company shall have the right to carry freight and passengers, and charge for the same a reasonable compensation. The said company shall also have power to open books of subscription for the sum requisite to

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build and to equip said road, at any place or places the board may direct, the shares in the capital stock to be placed at one hundred dollars each, and the said company is authorized to do all things necessary to carry out the purposes of said board, not in conflict with the laws of the State, especially to elect its officers, agents, and servants, to borrow money, issue bonds, to own, hold, and control real and personal estate, to and for the use of the said road, and to lease the same, if they so desire. Power to carry freight and passengers. To open books of subscription, etc. Officers. Sec. IV. Be it further enacted , That the capital stock of said company shall not exceed one million of dollars, and said company may organize and begin work whenever the sum of fifty thousand ($50,000.00) dollars shall be subscribed, and ten thousand dollars of said amount actually paid in. Capital stock. When organization may be had. Sec. V. Be it further enacted , That the said corporators shall continue to constitute said board. and exercise the powers herein granted, until the sum of fifty thousand dollars of the capital stock is subscribed. when the directors shall be elected by the subscribers of said amount, who shall constitute the board; which board shall then elect its own officers, and make such by-laws and regulations as shall be necessary to carry out the objects of said incorporation not inconsistent with law. In all elections by stockholders each share shall count as one vote, and all stockholders shall be entitled to as many votes as he or she may own shares of stock. The Board of Directors of said road shall consist of not less than five (5) or more than nine (9), and no one shall be eligible to the position of a director unless he shall own at least five shares of the capital stock in said company. Temporary Directors. Permanent Directors. Votes of stockholders. Number and qualifications of Directors. Sec. VI. Be it further enacted , That whenever a question shall arise as to damages for right-of-way, it shall be determined by arbitration, the company selecting one arbitrator, the party claiming damages another, and if these two shall fail to agree they shall call in a third party, and the award so made shall be final, unless an appeal shall be taken by one of the parties to the Superior Court within four days, and the right-of-way shall not exceed one hundred feet in width. Disputes as to right-of-way. Sec. VII. Be it further enacted , That all laws in conflict with this be, and are hereby, repealed. Approved September 29th, 1881.

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THE SAVANNAH FREIGHT TRAMWAY COMPANY INCORPORATED. No. 436. An Act to incorporate The Savannah Freight Tramway Company, and to authorize said company to build and operate a freight tramway for the transportation of produce, merchandise, and other articles, in or upon cars drawn by animal power, extending from the Central Railroad depot, in the city of Savannah, to the Central Railroad wharves, and to the wharves of the Savannah, Florida and Western Railway, and to the depot of the Savannah, Florida and Western Railway, and for other purposes. Whereas, the Mayor and Aldermen of the city of Savannah, have signified their consent to the construction of a freight tramway or railway through the streets of Savannah, provided it be operated on streets not less than 50 feet in width, by official action transmitted to the General Assembly: Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Lewis Pless, William Wade, Samuel J. Whiteside, A. L. Hartridge, D. G. Purse, D. R. Thomas, J. B. Duckworth, John L. Hardee, William Garrard, Francis M. Farley, E. M. Green, Alfred Hayward, J. W. Lathrop, and such other individuals as the above named persons shall associate with them, and their successors and assigns, shall hereafter be a body corporate by the name and style of The Savannah Freight Tramway Company, and by said corporate name shall be capable in law to buy, hold, and sell real estate and personal property, make contracts, sue and be sued, make by-laws not inconsistent with the laws of the land, to have and use a common seal, and alter the same at pleasure; to borrow money and give obligations therefor; to mortgage its property, real, or personal and to do all other lawful acts, and to exercise in general, all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. This charter to continue in force for the term of fifty (50) years, with the privilege of renewal at the end of said term. Corporators Name of corporation. Rights and liabilities. Term of charter. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock shall be the sum of seventy five thousand dollars ($75,000) dollars, divided into shares of one hundred dollars ($100) each, but with the privilege of increasing said capital stock from time to time, to any sum not exceeding six hundred thousand dollars ($600,000), whenever it may be deemed expedient by a majority of the Board of Directors of said company, for the time

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being, and such stock shall be issued and transferred in such manner, and upon such conditions as may be prescribed in the by-laws of said corporation, each share of one hundred dollars being entitled to one (I) vote at meetings of stockholders for elections of officers, and upon other occasions at such times and in such manner as the company by its by-laws shall prescribe. Capital stock. Value of shares. Issue and transfer of stock. Right of stockholders to vote. Sec. III. Be it further enacted by the authority aforesaid , That said corporation be, and is hereby, empowered to survey, lay out, build, construct, equip, use and maintain a tramway with iron or steel tracks, with all necessary side-tracks, turnouts and switches, in the city of Savannah, of suitable width and dimensions for the transportation, in or upon cars, trains or carriages, drawn by horse or animal power, of cotton, produce, merchandise and other articles of freight, charging rates or toll for the same, along the streets of said city, that is to say, beginning at a point at or near the depot of Central railroad and through West Broad to River street, and from West Broad street through Indian street, and through such extension of Bay or Indian streets as may hereafter be made, or through private property to the wharves of the Central railroad, (sometimes known as wharves of Ocean Steamship Company) and also from the intersection of Bay and West Broad streets eastwardly through the entire length of Bay street, to Randolph street, thence through Randolph street to Saint Julian street, and thence by way of Saint Julian extended to the Bilbo canal, and thence to the wharves of the Savannah, Florida and Western Railway; and also from the intersection of Bay and Randolph streets through Randolph to the depot of the Savannah, Florida and Western Railway; or if said company should prefer, instead of building from the intersection of Bay and West Broad through the entire length of Bay to Randolph, it may build from said intersection of Bay and West Broad through Bay to its intersection with East Broad, thence through East Broad to Broughton street, thence eastwardly through Broughton to Randolph and thence as above indicated through Randolph to Saint Julian, etc. And further, said company shall have the privilege of building their tramway or road, if they desire, from the intersection of Randolph with Bay street or River street, through River street eastwardly, and thence to Bilbo canal and on to the Savannah, Florida and Western Railway wharves; Provided, however , that the said company shall, at its own expense, put down new pumps at such points as may be indicated by the Mayor and Alderman of the city of Savannan, in place of those which the laying of the track make it necessary to remove. And said company shall repair, and keep in repair, according to the proper grade, to be fixed by the city surveyor three (3) feet each way from the centre of the track or tramway in the manner to be indicated by the Mayor and Aldermen, of such material as will form a hard and

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uniform surface, and of even grade at the point of junction with the rails themselves, so that carriages and other vehicles can cross the track or tramway with facility and comfort at any point along the entire length of said tramway or railroad. And said city shall in no case be liable for any damage which may be sustained by digging or other unavoidable work in repairing or laying gas or water pipes or sewers, now laid or to be laid or constructed, in said city; but said city, in the event it tears up or undermines said track for the purpose of laying pipes or ducts, shall re-lay them at its own cost. Whenever the Mayor and Aldermen of the city of Savannah deem it necessary for any public purpose to invade, temporarily, the right-of-way of said company, the said Mayor and Aldermen shall have the power to permit the said tramway or railroad to run temporarily, but only until the completion of said public work, in any street in said city, after which said tramway or railroad shall resume its original right-of-way at its own expense, and the Mayor and Aldermen of the city of Savannah may indicate the route to be taken along any street through or over which said tramway or track may be laid; and the said company shall yield its right-of-way to the fire-engines, hose-carriages and other apparatus of the fire department, in its passage to and from fires that may occur. And, further, whenever the grades of either the whole or any part of any street shall be changed by the city authorities, the said company shall, when notified so to do by the Mayor and Aldermen of said city, or the proper officers thereof, immediately change the grade of its tramway or road, in order to make the same conform and correspond with such change or alteration, at its own expense, and without cost or charge to the city of Savannah; Provided , in the event of the paving of the whole or any part of the streets used by said company, the portion of the tramway or railroad between the rails shall be paved and kept in good and thorough order and repair by the company at its own expense. And if the said Mayor and Aldermen of the city of Savannah shall give their consent, then said company may build upon other streets than Indian, in connecting its line from West Broad street to the Central Railroad or Ocean Steamship Company's wharves. Power of corporation. Route of road. Must put down new pumps for those removed by laying of track. And must keep certain width of bed in repair. Right-of-way may be interrupted by the city. When grade of streets is changed company must change grade of its tramway. Further restrictions. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall be entitled to operate said tramway by horse or animal power, and shall have the exclusive use of the same for their cars or other conveyances for the transportation of goods, merchandise, produce, cotton and freights, and shall have power to make just and reasonable charges therefor, said charges not to exceed the rates of drayage for articles transported, as prescribed by ordinances of the Mayor and Aldermen of the city of Savannah, or by such ordinances as may be hereafter enacted. May use horse or steam power. Power as to charges. Sec. V. Be it further enacted by the authority aforesaid , That any person injuring the property of said company, or who shall

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throw earth, stones, trees, rubbish, or any other matter or thing whatsoever, upon the said tramway or its branches, shall be punished by indictment as for a misdemeanor, and, on conviction, may be fined or imprisoned, or may be fined and imprisoned, at the discretion of the Court, as prescribed in section 4310 of the Revised Code of Georgia, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or any person aggrieved, in any court having jurisdiction. Penalty for injuring property of corporation. Sec. VI. Be it further enacted by the authority aforesaid , That the said company shall have full power to carry said tramway over and across any creeks, canals, or other water courses that may be in the route thereof, by any suitable bridges or other proper means; Provided , the navigation, or drainage, or proper flow of the water thereof, is not thereby unreasonably impeded or obstructed. May carry tramway across creeks, canals, etc. Sec. VII. Be it further enacted by the authority aforesaid , That no other railroad corporation shall, directly or indirectly, own stock in said company, or lease or otherwise control the same, in whole or in part. No other railroad company may own stock in this. Sec. VIII. Be it further enacted by the authority aforesaid , That if it shall become necessary in laying the said tramway, to pass over or through any private property, the said company may do so, and shall pay to the owner or owners of such land or property, through or over which the said tramway may pass, a just indemnity, to be ascertained as hereinafter provided, for the value of the property or land covered by the said tramway, and for ten (10) feet on each side of the same for right-of-way, or for damage done the property aforesaid by the passage of the said tramway, unless the said company and the owner or owners of said property may agree upon the said damages. Whenever any person shall feel aggrieved or injured by the passage of the said tramway over his or her land or property, as to the damages sustained as aforesaid, the amount of such damage or injury shall be determined or ascertained by the written award of three sworn appraisers, to be chosen, one by the company, one by the owner, if he or she shall think proper, and one by the Ordinary of the county of Chatham; but if such owner shall decline to appoint an appraiser within five (5) days after being notified so to do by said company, then by two appraisers appointed by the Ordinary aforesaid, and one appointed by the company, and the three (3) appraisers, as arbitrators so appointed by any of the foregoing methods, shall determine and assess the amount of money to be paid by said company for such right-of-way; and the award of said arbitrators, or a majority of them, shall operate as judgment for the said amount against said company, which said amount said company shall pay before using said property, unless said award is appealed from,

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and in the event either party shall appeal from said award to a jury in the Superior Court (which appeal shall be in the same manner as appeals are now had from Justice Courts to the Superior Courts) said appeal may be tried at the term of Chatham Superior Court, if said court be then in session, and if not in session, then at the next term thereof. The award aforesaid, or judgment, shall vest in the company the fee-simple title of the land or property in question for right-of-way purposes. Right-of-way. Disputes as to right-of-way. Appeal. Sec. IX. Be it further enacted by the authority aforesaid , That the said corporation, as soon as twenty thousand ($20.000) dollars shall be paid in of the capital stock, shall organize a Board of Directors, who shall elect, at their first meeting after such organization, one of their number to act as president, who shall receive such compensation as said Board of Directors shall determine. The term of office of the president and Board of Directors as aforesaid, shall be fixed and established by the by-laws, to be framed by them, and all other officers shall be elected by the Board of Directors. Organization. Officers. Term. Sec. X. Be it further enacted by the authority aforesaid , That the Board of Directors may call for further installments on each share whenever necessary for the interests of said company, not to exceed one hundred dollars ($100) in all on each share, giving at least ten (10) days' notice in a public gazette of the city of Savannah of such call, and any and all stockholders failing to pay such installments so called for, within thirty (30) days after the time designated by such call, shall forfeit his stock in said corporation, and all payments which he may have made, and the stock so forfeited, shall vest in and become the property of said company, to be disposed of as the said Board of Directors may determine. Call for installments of stock. Forfeiture of stock. Sec. XI. Be it further enacted by the authority aforesaid , That the said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable in his or her private capacity, for the amount of stock subscribed for by him or her, until said subscription is fully paid up, or until the stockholder shall have paid, out of his private property, debts of the said corporation to an amount equal to his or her unpaid subscription as aforesaid. Liability of corporation and of its stockholders. Sec. XII. Be it further enacted by the authority aforesaid , That whereas, an Act is passed by the General Assembly of Georgia, at its present session, incorporating The Savannah Transportation Company, which charter is granted upon the express conditions that said Savannah Transportation Company shall organize and shall build, construct, equip, maintain and fully operate the road, as prescribed therein, with proper trains, cars or other proper vehicles of carriage, mules, horses and other ncessary equipments, as is more fully set out in section fourteenth (14) of said Act to which reference is hereby had, within seven months after the

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passage of said Act, and declaring the charter of said Savannah Transportation Company null and void and of no effect, if said conditions are not fully complied with within said prescribed time, and other provisions are made therein as to forfeiture of said charter in other events. Now, then, this charter shall not go into effect until the expiration of said prescribed time after the passage of the aforesaid Act incorporating the Savannah Transportation Company, and when said limitation of time shall have expired, then if the corporation named in said charter, and their associates, shall not have complied with the said express conditions, this charter shall go into immediate effect, and said corporators named herein, and associates, shall organize The Savannah Freight Tramway Company, as herein prescribed, and shall proceed to build said tramway as herein provided, and to equip, maintain and operate the same, fully according to the provisions of this Act. And in the event the said Savannah Transportation Company shall organize and build, equip and operate fully, as required by its said charter, within the time required, and shall thereafter abandon its said road, or fail or cease to use the same, or use the same otherwise than in good faith, and so as to meet all the wants of commerce, and according to the true spirit of the Act incorporating it, then this charter shall go into effect at once, and become operative to all intents and purposes; for it is the meaning of this Act that the said tramway or railroad shall be built, and shall be actively and continuously operated to its fullest extent, so as to be an important aid to rapid transit of freights in Savannah by the said Savannah Transportation Company, if it performs all the requirements of its Act of incorporation, and if not, then by the company hereby created, so that this charter shall be of force for said term of fifty (50) years, and shall become instantly operative at any time when said Savannah Transportation Company fails to meet the requirements of its charter. If, when this corporation organizes, builds and equips the road herein set out, and operates same, it shall use the said road actively and continuously, and any pretended use of said road by it, The Savannah Freight Tramway Company, or any user of said road, except with reasonable and proper equipments, so as to meet the wants of said port of Savannah as to moving freight actively and continuously, shall be deemed and held a misuser of franchises herein granted, and thereupon this charter shall be forfeited. This charter not to go into effect until the charter of the Svannah Transportation Company is forfeited. Or the said Transportation Company abandons its road. Meaning and intent of this Act. Term of charter. Misuser of franchises. Sec. XIII. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of the city of Savannah shall be, and they are hereby, authorized to demand and collect from the said company, in the same manner as it collects taxes, as a consideration for the use of said streets by said company, for the purposes of this charter, an annual charge of not more than one and one-half (I) per cent. upon the gross earnings of the said company,

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and it shall be the duty of the president of said company to make sworn statements of such gross earnings, to such officer of the said city of Savannah, and at such times, as the said Mayor and Aldermen shall appoint. Taxes. Sec. XIV. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved September 29th, 1881. SAVANNAH TRANSPORTATION COMPANY INCORPORATED. No. 437. An Act to incorporate The Savannah Transportation Company, and to authorize said company to build and operate a railroad extending from the Central railroad depot, in the city of Savannah, to the Central railroad wharves and to the wharves of the Savannah, Florida and Western railway, and to the depot of the Savannah, Florida and Western railway, and for other purposes. Whereas, the Mayor and Aldermen of the city of Savannah have signified their consent to the construction of a freight tramway or railway through the streets of Savannah, provided it be operated on streets not less than fifty (50) feet in width, by official action transmitted to the General Assembly: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That Garland M. Ryals, Louis M. Ryals, Sydney P. Goodwin, Edward Morrow, John W. Reilly, Edward C. Gleason, Abraham W. Harman, Andrew McCormick, James K. Munnerlyn, Octavus L. Tilton, Daniel G. Heidt, and George Morrow, of the county of Chatham, and such other persons as shall associate with them, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common, usual and necessary to such a corporation, under the name and style of The Savannah Transportation Company. Corporators Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That said company be, and it is hereby, authorized and empowered to make, construct, own, maintain and operate a railroad, with iron or steel tracks, for the transportation of goods, merchandise, produce, and freight of all kinds, upon which said railroad shall be employed horse or other animal power. Beginning at a point at or near the depot of the Central railroad through West Broad to River street, and from West Broad through Indian

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street, and through such extension of Bay or Indian street as may hereafter be made, or through private property, to the wharves of the Central railroad, and also from the intersection of Bay and West Broad streets eastwardly through the entire length of Bay street to Randolph street, thence through Randolph street to St. Julian street, and thence by way of St. Julian extended to the Bilbo canal, and thence to the wharves of the Savannah, Florida and Western railway; and also from the intersection of Bay and Randolph streets through Randolph to the depot of the Savanvannah, Florida and Western railway. Or, if said company should prefer, instead of building from the intersection of Bay and West Broad through the entire length of Bay to Randolph, they may build from said intersection of Bay and West Broad through Bay to its intersection with East Broad, thence through East Broad to Broughton street, thence eastwardly through Broughton to Randolph, and thence, as above indicated, through Randolph to St. Julian street. And, further, said company shall have the privilege of building their road, if they desire from the intersection of Randolph with Bay or River street through River street eastwardly, and thence to Bilbo canal, and on to the Savannah, Florida and Western railway wharves; Provided, however , that the said company shall, at its own expense, put down new pumps at such points as may be indicated by the Mayor and Aldermen of the city of Savannah, in place of those which the laying of the track may make it necessary to remove; and said company shall repair and keep in repairs according to the proper grade, to be fixed by the City Surveyor, three feet each way, from the center of the track or tramway, in the manner to be indicated by the Mayor and Aldermen, of such material as will form a hard and uniform surface, and of even grade at the point of junction with the rails themselves, so that carriages and other vehicles can cross the track or tramway with facility and comfort at any point along the entire length of said tramway or railroad; and said city shall in no case be liable for any damage which may be sustained by digging or other unavoidable work in repairing or laying gas or water pipes, or sewers now laid or to be laid or constructed in said city, but said city, in the event it tears up or undermines said track for the purpose of laying pipes or ducts, shall relay them at its own cost. Whenever the Mayor and Aldermen of the city of Savannah deem it necessary, for any public purpose, to invade temporarily the right-of-way of said company, the said Mayor and Aldermen shall have the power to permit the said tramway or railroad to run temporarily, but only until the completion of said public work, in any street in said city, after which said tramway or railroad shall resume its original right-of-way at its own expense; and the Mayor and Aldermen of the city of Savannah may indicate the route to be taken along

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any street through or over which said tramway or track may be laid; and said company shall yield its rights-of-way to the fire engines, hose-carriages and other apparatus of the fire department, in its passage to and from fires that may occur. And, further, whenever the grades of either the whole or any part of any street shall be changed by the city authorities, the said company shall, when notified so to do by the Mayor and Aldermen of said city, or the proper officers thereof, immediately change the grade of its tramway or road in order to make the same conform and correspond with such change or alteration, at its own expense and without cost or charge to the city of Savannah; Provided , in the event of the paving of the whole or any part of the streets used by said company, the portion of the tramway or railroad between the rails shall be paved, and be kept in good and thorough order and repair by the company, at its own expense; and if the said Mayor and Aldermen of the city of Savannah shall give its consent, then said company may build upon other streets than Indian in connecting its line from West Broad street to the Central railroad wharves, or the wharves of the Ocean Steamship Company. Power of corporation and route of road. Must replace pumps removed. And repair its track at proper grades. City's right of domain. Grades of track must conform to grades of streets. May use other streets than Indian in connecting line with railroad wharves, by consent of Mayor and Alderman. Sec. III. Be it further enacted by the authority aforesaid , That said corporators, their associates and successors, for the purpose of procuring stock in said company be, and are hereby, authorized to open books and procure subscriptions of stock at such value per share as may be by them determined on, at such times and places as may be deemed proper, and to elect a president and vice-president, directors and agents, borrow money, issue certificates, bonds, make contracts, hold real and personal estate to and for the use of said railroad, and also to mortgage and pledge said Railroad, and any other property of said company. Books of subscription. Officers. Powers of company. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have the exclusive right of conveyance or transportation of goods, merchandise, produce and freight over said road, to be by it constructed, and shall have power to make just and reasonable charge therefor, said charge not to exceed the rates of drayage for articles transported as prescribed by ordinance of the Mayor and Aldermen of the city of Savannah, or by such ordinances as may be hereafter enacted. Exclusive use. Charges. Sec. V. Be it further enacted by the authority aforesaid , That no other railroad corporation shall directly, or indirectly, own stock in said company, or lease, or otherwise control the same in whole or in part. No other railroad company may own stock in this. Sec. VI. Be it further enacted by the authority aforesaid , That if any stockholder shall fail to pay the installment, or installments, required of him on his share or shares, by the president and directors, or a majority of them, within thirty (30) days after the call for the same, shall have been advertised in one or more

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newspapers published in the city of Savannah, it shall and may be lawful for the president and directors, or a majority of them, to sell at public auction, and to convey to the purchaser or purchasers, the share or shares of such stockholders so failing or refusing, giving ten (10) days' notice by two (2) publications in one of the public gazettes of the city of Savannah, of the time and place of sale, and after retaining the sum due and all expenses incident to such sale, out of the proceeds, shall pay the surplus to the former owner, or his legal representatives or assigns, and any purchaser of the stock of the company under the sale by the president and directors as aforesaid, shall be subject to the same rules and regulations as the original proprietor, and no sale or assignment by the original proprietor shall relieve him from his obligation to the company to pay the whole amount of his subscription. In addition to the foregoing remedy, the president and directors may proceed, by action at law, in any of the courts of this State, for the recovery of the installments due, and not paid by any delinquent stockholder or his assigns, who shall not have paid the same on requisition made in manner and form as aforesaid, or the president and directors, or a majority of them, may declare the share or shares of any stockholder in arrears, after twenty (20) days' notice, forfeited for the use of said company. Failure to pay for stock. Sec. VII. Be it further enacted by the authority aforesaid , That the stock of said company may be transferred in such manner and form as may be directed by the by-laws of said company. Transfer of stock. Sec. VIII. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be three hundred thousand ($300,000) dollars, but if deemed insufficient by a majority of the Board of Directors, it shall and may be lawful, with the consent of a majority in value of the stockholders, from time to time, to increase said capital stock to an amount not exceeding one million dollars. Capital stock. Sec. IX. Be it further enacted by the authority aforesaid , That should it be necessary for said company to take private land and property for its road-bed, and twelve (12) feet on each side for timber, earth and other materials, it is hereby authorized to do so, upon paying to the owner or owners just compensation therefor, to be determined, in case of disagreement, as follows: The amount of injury or damage sustained by said owner or owners shall be ascertained and determined by the written award of three sworn appraisers to be chosen, one by the said company, one by said owner, and the two so appointed shall appoint a third, or if they cannot or do not agree upon a third within five (5) days after being notified of their selection, then the Ordinary of Chatham shall appoint such third arbitrator, and if the owner or owners does or do not appoint an arbitrator as aforesaid, within five (5) days after he, or they, is or are, notified of the appointment

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of an arbitrator by the company, the said Ordinary shall appoint two (2) arbitrators, and the three arbitrators, so appointed by any of the foregoing methods, shall determine and assess the amount of money to be paid by said company for such right-of-way through said land or other property, for which they are appointed, and the award of said arbitrators, or a majority of them, shall operate as a judgment for the said amount against said company, which said amount said company shall pay before using said property, unless said award is appealed from, and in the event either party shall appeal from said award to a jury in the Superior Court, which appeal shall be in the same manner as appeals are now had from Justice Courts to the Superior Court. Said appeal may be tried at the then term of Chatham Superior Court, if said Court be then in session, and if not in session, then at the next term thereof; the award aforesaid shall vest in the company the fee-simple title of the land or property in question for right-of-way purposes. Rights-of-way. Disputes as right-of-way. Appeal. Sec. X. Be it further enacted by the authority aforesaid , That said company shall have full power and authority to build said railroad over and across any canal, creek, or other water-course that may be in the route thereof, by any suitable bridges or other proper means; Provided , the navigation, drainage or proper flow of the water thereof is not thereby unreasonably impeded or obstructed. May build across canals, creeks, etc. Sec. XI. Be it further enacted by the authority aforesaid , That the corporators herein named shall be ex-officio directors for said company until said company shall elect new directors. Corporators ex-officio Directors. Sec. XII. Be it further enacted by the authority aforesaid , That said company shall have full power to make all by-laws, rules and regulations necessary to carry out the objects of said company, not inconsistent with the laws of the State of Georgia or of the United States. By-laws and rules. Sec. XIII. Be it further enacted by the authority aforesaid , That any person or persons who may injure the property of said company or its said railroad, or who shall throw any stones, logs, trees, earth, rubbish, or any other matter or thing whatsoever, upon the said railroad, shall be punished by indictment as for a misdemeanor, and on conviction, may be fined and imprisoned as prescribed by section 4310 of the Code of Georgia, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or of any person or persons aggrieved, in any court having jurisdiction. Penalty for injuring property of corporation. Sec. XIV. Be it further enacted by the authority aforesaid , That this charter is granted upon the express condition that said corporators and their associates shall organize the said corporation, and shall construct, build, equip, maintain and fully operate said road, with proper trains, cars or other vehicles of carriage, and

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with a sufficient number of the same, and of mules or horses and other equipments reasonable and necessary, so as to connect by said completed railroad the Central Railroad depot, in Savannah, by the route hereinbefore prescribed, with the Savannah, Florida and Western Railway depot and wharves, and the wharves of the Central Railroad, sometimes known as the Ocean Steamship Company wharves, or as far toward the last mentioned wharves as said railroad can be built upon the streets of said city, and so as to meet the requirements of the port of Savannah as to moving cotton, merchandise and other articles of freight, promptly and rapidly, within seven months after the passage of this Act, and if said corporators and their associates shall fail to so organize, and to build, construct, equip, maintain and operate fully said railroad as aforesaid, and as above required, then this charter shall be ipso facto , null, void, and of no effect, and said corporation shall thereupon cease to exist. And if said corporators and associates shall have begun to comply with the requirements of this section, and shall not have complied as aforesaid, they shall remove from the streets of Savannah whatever they may have put thereon, and shall restore the said streets to the condition they were in before said work was begun, and if said streets are not put in said original condition, within such time as the Mayor and Aldermen of the city of Savannah may require, the said Mayor and Aldermen may restore said streets to said original condition, at the cost of said corporators and their associates. It is the true intent and meaning of this Act that said railroad shall be actively and continuously operated, to the fullest extent, so as to be an important aid to the rapid transit of goods, wares and merchandise, cotton and other articles brought to and carried from the port of Savannah, and if said corporation shall fully comply with the foregoing conditions, then, thereafter, any pretended use of said road by said corporation, or any user of said road, except with a reasonable number of trains, cars or other vehicles, drivers, mules, horses and general equipments, according to the manifest requirements of said port as to moving said articles, and actively and continuously as aforesaid, shall be deemed and held a misuser of franchises herein granted, and thereupon this charter shall be forfeited. Conditions on which charter is granted. Failure to organize and build. Work begun and not prosecuted. True intent and meaning of this Act. Sec. XV. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of the city of Savannah shall be, and they are hereby, authorized to demand and collect from the said company, in the same manner as it collects taxes, as a consideration for the use of the said streets, by the said company for the purposes of this charter, an annual charge of not more than one and one-half (1) per cent. upon the gross earnings of the said company, and it shall be the duty of the president of said company to make sworn statements of such gross earnings, to such

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officer of the said city of Savannah, and at such times, as the said Mayor and Aldermen shall appoint. Taxes. Sec. XVI. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. COVINGTON AND NORTH GEORGIA RAILROAD INCORPORATED. No. 443. An Act to incorporate the Covington and North Georgia Railroad Company and to grant certain powers and privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That Thomas Camp, T. J. Shepherd, J. W. Anderson, W. W. Clark, J. T. Corley, Horace J. Bates, and T. D. Gunn, of Newton county; and E. M. Brand, A. W. Cloy, J. H. Braddox, J. P. Rockmore, S. A. Starr, A. A. Tribble, W. H. Braswell, D. O. McGuire, A. J. Swords and E M. Rockmore, of the county of Walton; or such of them and such other persons as shall associate under this Act, be, and they are hereby, incorporated and made a body corporate and politic, with all the rights and privileges common and necessary to such corporation under the name and style of The Covington and North Georgia Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted , That said company shall be authorized to build a railroad from Covington, Newton, county, Georgia, to the Richmond and Danville railroad, at or between Suwanee and Lula, on said railroad. That they shall have the power to consolidate their stock, and unite with the Georgia Railroad, the Richmond and Danville railroad, or other railroad near the line of the Covington and North Georgia railroad, on such terms as may be agreed upon by them and such company as they may unite with; and to open books and procure subscriptions of stock at such times and places as may be thought proper by the above named persons, or any five of them. May have and use a common seal, sue and be sued, plead and be impleaded in any court of equity in this State, and shall, by a vote of the stockholders, elect seven directors, who from their number shall elect a president. Said Board of Directors shall have authority to make such rules and regulations, or by-laws, as may be necessary and proper for carrying into effect the powers and objects of such

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corporation; Provided , such rules and regulations be not repugnant to the laws and constitution of the State or the United States. Powers of corporation and route of road. Books of subscription. General powers. Directors. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be not less than one hundred and fifty thousand dollars, nor more than two million dollars, and shall be divided into shares of not exceeding one hundred dollars each, and at the election of said Board of Directors, said stockholders shall be entitled to as many votes as they own shares in the company. Capital stock. Value of shares. Sec. IV. Be it further enacted , That said Board of Directors and president shall be elected as soon after the passage of this Act as the sum of seventy-five thousand dollars shall be bona fide subscribed, and twenty per cent. thereof paid in, and on the first Wednesday in May every year thereafter, and shall have power to appoint all agents and officers in said road, and fix the salaries thereof, and said company shall have the power, through said Board of Directors and president, to borrow money, to make contracts, hold real and personal property, to and for said road; Provided , they shall be responsible for the amount of stock owned by them. First election of officers. Subsequent elections. Powers of Directors. Sec. V. And be it further enacted , That the Board of Directors shall have power to select and take, buy or purchase, or receive as a donation or otherwise, such strip or strips of land, not exceeding two hundred feet in width, between the points selected for the beginning and terminus of said road, as they may deem necessary for the construction of such road, and in all cases in which difficulties or disputes may arise between individuals or corporations and said company, or their directors, as to the right-of-way, or damages to the land on which such right-of-way may be located, it shall, and may be, lawful for either party to apply to the Sheriff of the county in which the land may be located, to summon a jury of five freeholders, who shall enter on the land sought to be appropriated to the use of said company, and award, in writing, the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county under the same rules and regulations which apply to appeals in said courts; and in all such cases, freeholders and the jurors in such Superior Court, in addition to the usual oath, shall be sworn in assessing damages, to take into consideration the prospective value of the road to the land and premises through which it may run, and to have evidence touching the same, and upon the payment of the damages so assessed, the right-of-way over such lands as may be necessary for the location of such road, buildings, and depots, shall vest in said company. Right-of-way. Disputes as to right-of-way. Appea!. Sec. VI. Be it further enacted , That said company shall have he right to cross any other railroad on the route selected by the

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engineer, or most practicable for building said road as authorized by this charter, this company to pay all expenses necessary to make said crossing safe and convenient, and that the directors of said company shall have power to contract with any other railroad company for the joint use of its tracks or right-of-way, upon such terms as may be mutually agreed upon; Provided , there shall be no material deviation from the rule already prescribed in this charter for such road. May cross other roads. Or contract for joint use of their right-of-way. Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. COVINGTON AND OCMULGEE RAILROAD INCORPORATED. No. 450. An Act to authorize the survey, building and equipping of a railroad from Covington, Newton county, Georgia, to the Ocmulgee river, to be known as The Covington and Ocmulgee Railroad, and for other purposes connected with said enterprise. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, Harry Camp, a citizen of Covington, Newton county, and such other persons as may be associated with him under this Act, be, and they are hereby, incorporated a body politic, with all the rights, privileges and franchises hereinafter granted to railroad companies of this State, under the name of the Covington and Ocmulgee Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted , That said Covington and Ocmulgee Railroad Company shall be authorized to build a railroad from Covington, in Newton county, to some point on the Ocmulgee river, at such point as may seem best to such company, and that said railroad company shall have such powers as are conferred by law of this State upon such corporations, so as to enable such company to carry into effect their charter. Power to build and route of road. Sec. III. The capital stock shall at present be limited to one hundred thousand dollars, to be divided into one hundred shares of one thousand dollars each, and that, in all elections to be held by such company, each shall be entitled to one vote, and that a majority of the stockholders shall determine all questions as to the management of said road. Capital stock. Sec. IV. Be it further enacted , That said company shall be

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required, within twelve months after the passage of this Act, to cause a survey to be made and a line located for a railroad from Covington to Ocmulgee river, at such point as said company may deem best, within the county of Newton; and it is further required that said company shall, within two years after the passage of this Act, cause to be built and put in running order, one-half the line of said railroad, and that in three years said company shall complete the entire line, or their charter shall be null and void. When road must be surveyed. When built. Sec. V. Said company shall have authority to elect a president and Board of Directors, to consist of as many as they see fit, nof to exceed six in number, at such time and place as a majority ot the stockholders may elect, and that said president and Board of Directors shall be elected every twelve months thereafter. Officers. Sec. VI. That said company shall have authority to make contracts, to purchase and hold property, to sue and be sued, and to do all other acts as are usually conferred upon corporate bodies for similar purposes. Powers of corporation. Sec. VII. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. CHARTER OF TALBOTTON BRANCH RAILROAD AMENDED. No. 456. An Act to amend an Act chartering the Talbotton Branch Railroad Company, approved August 23rd, 1872, by striking out the word Branch from the name of said railroad company. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the Act chartering the Talbotton Branch Railroad Company, approved August 23rd, 1872, be, and the same is hereby, amended by striking out the word Branch from the name of said railroad company, so that the name of said company will be The Talbotton Railroad Company. The word branch stricken from name of company. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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KINGSTON, WALESCA AND GAINESVILLE RAILROAD INCORPORATED. No. 460. An Act to incorporate the Kingston, Walesca and Gainesville Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, J. J. A. Sharp, J. B. Richards, R. J. Boling, J. T. Atherton, E. A. Fincher, B. F. Payne, J. R. Brown, and J. M. Sharp, of the county of Cherokee; J. W. Turner, H. N. Dean, Seaborn Wright, R. F. Fouche, of the county of Floyd; W. T. Wofford, W. T. Gordon, J. C. Branson, Mark A. Hardin, Geo. H. Wearing. and A. F. Wooley, of the county of Bartow; O. J. Julian, A. J. Summers, and B. H. Brown, of the county of Forsyth; A. D. Candley, C. C. Sanders, J. E. Redwine, R. E. Greene, N. G. Henderson, S. C. Dunlap, Joseph Boone, and J. B. Estes, of the county of Hall; and A. M. Reinhardt, G. T. Osborne, John Stephens, M. B. Weed, L. P. Nelson, L. De Give, W. R. Brown, W. B. Lowe, and B. E. Talbutt, of the county of Fulton; their associates, successors, and assigns, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations, under the name and style of The Kingston, Walesca and Gainesville Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted , That said company shall be, and are hereby, authorized to construct a railroad from the town of Kingston, in the county of Bartow, running from thence to Walesca, in Cherokee county, and from thence to, or near, the town of Canton, in said county, and from thence to the city of Gainesville, in the county of Hall, the said road to be run in such manner and on such lines through the counties of Bartow, Cherokee, Forsyth, and Hall as may be deemed best and most practicable for the interest of said company, as aforesaid, charging such amount for freight and passenger tariff as may be considered expedient, and to open books at such times and places as may be thought proper, for the subscription of stock, said stock to be divided into shares of one hundred dollars each, elect a president and five directors, to make contracts, borrow money, hold real and personal estate, purchase iron, rolling stock, and equipments for said road, to issue bonds to such amounts, and payable at such times, and drawing such a rate of interest, as may be determined upon by a majority of the directors, to secure the payment thereof, by mortgaging all or any part of it property or franchises, to sell or otherwise dispose of such bonds, as the Board of Directors may deem best for the interest

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of said road, to have a common seal, and the same alter or destroy at pleasure; to sue and be sued, plead and be impleaded, in any of the courts of law or equity in this State, or where their rights may come in question. Power of corporation and route of read. Value of stock. Mortgages and bonds. Sec. III. Be it further enacted , That the capital stock of said company shall be seven hundred thousand dollars, which may be increased to two million dollars, if necessary for the building, equipping, and keeping in order said road. Capital stock. Sec. IV. Be it further enacted , That all corporate powers of said company shall be vested in and exercised by a president and Board of Directors aforesaid, who shall after the election of the first board be stockholders in said road, and such officers and agents as said board shall appoint, the first Board of Directors to be elected at such time and in such manner and place as the said corporators, or a majority of them may determine, and at which election any corporator may vote by proxy, authorized in writing, and annually thereafter, by the stockholder of said company each share of one hundred dollars being entitled to one vote, said directors shall hold their office until their successors are elected and qualified, and they may fill any vacancy which may happen in the office of president of Board of Directors, by death, resignation, or otherwise, for the unexpired term. They may also adopt such by-laws, rules, and regulations, for the government of said company and management of its affairs and business, as they may deem proper, not inconsistent with the laws of this State or United States. Election of President and Directors. Term. Vacancies. By-laws, etc. Sec. V. Be it further enacted , That said company, through its directors shall have power to purchase and hold in fee-simple, or receive as a donation any lands, tenements or heraditaments necessary for the building, equipping, running and furnishing said road in material for its use and all right-of-way in lands, and all privileges in all water-courses that lie in or across the line of said road, that may be necessary for the purposes aforesaid, and in all cases in which any controversy may arise between the owner of such lands or privileges as to the right-of-way or damages to said lands or water privileges, that may accrue by reason of the location of said road, it shall be lawful for either party to apply to the Sheriff of the county in which said lands or water privileges may be located, and said Sheriff shall summon a jury of five freeholders, who, after being sworn, shall take into consideration the difference of the owner of the land or water privileges and the raid railroad, or its Board of Directors, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal within four days to the Superior Court of said county, and in all such cases the freeholders impanneled and the jury impaneled in the Superior Court, shall, in addition to the former oath, be sworn to take into account and have

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evidence touching the prospective value of the road, land or property through which it may run, the title to the property or water privileges, upon which the damage may be assessed, shall, upon the payment of the damages, vest in the said railroad company. Additional powers of corporation. Rights-of-way. Disputes as to right-of-way. Appeal. Sec. VI. Be it further enacted , That besides other property, said company at its option in any case shall have power to receive land or other real estate, or mortgage thereon, or bonds for tide thereto, conditional or otherwise, in payment, or to secure the payment, of the whole or any part of the subscriptions to its capital stock, at such valuation and upon such terms and conditions as may be agreed upon under such rules and regulations as may be adopted by it, and to mortgage, lease, sell or otherwise dispose of said land so received, and conditionally or otherwise to transfer, assign or sell such mortgage and bonds for titles as shall be advantageous to its interests. Payment for stock. Sec. VII. Be it further enacted , That said directors shall have power and authority to sell, lease, mortgage or otherwise dispose of said road, its rights or franchises, if it shall at any time be deemed necessary or proper by said directors, the sale to be ratified by a majority of the votes of its stockholders; Provided , such sale, lease or transfer shall in no wise hinder, delay or prevent the construction of said railroad, and shall not prevent, or be intended to prevent, competition or tend to create a monopoly. Power to sell, lease or mortgage road. Sec. VIII. Be it further enacted , That the corporation herein created shall not organize until at least fifty thousand dollars are bona fide subscribed, and twenty per cent. thereof actually paid in, and this charter shall be deemed forfeited unless such organization shall be legally effected, and the work of locating or constructing said road shall be commenced in five years from the date of the approval of this Act. When to be organized. Sec. IX. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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CHARTER OF THE BAINBRIDGE, CUTHBERT AND COLUMBUS RAILROAD AMENDED. No. 464. An Act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company, to change the name of said company, to increase the capital stock of said company, and for other purposes therein named. Section I. Be it enacted by the General Assembly of the State of Georgia, in General Assembly met , That the name of the Bainbridge, Cuthbert, Lumpkin and Columbus Railroad Company be changed to that of the Chattanooga, Columbus and Florida Rail road company; and that said company shall have authority to build, equip and operate a railroad from the Tennessee line, at or near Chattanooga, to such point on the Florida line as said company may elect, said road passing through Rome, Columbus, Cuthbert and Bainbridge, in the State of Georgia, with all the rights, powers, privileges and liabilities in the present charter, except as hereinafter stricken. Name of corporation changed. Route of road fixed. Sec. II. Be it enacted by the authority aforesaid , That the said company, as now organized, as purchasers under a decree of the Superior Court of Decatur county, shall have authority to increase the capital stock of the same not exceeding two millions of dollars, as they may deem necessary and proper. May increase its capital stock. Sec. III. Be it enacted by the authority aforesaid , That the said company shall have authority to build a branch of their said road from or north of Columbus to Atlanta, and a branch from or south of Rome to Atlanta, and such other branch roads as they may deem proper. Branch roads. Sec. IV. Be it enacted by the authority aforesaid , That it shall and may be lawful for said company, through its Board of Directors, to lease any part or parts of said road, to any other railroad company, and shall have power and authority to lease any road or roads connecting with said road, or any part thereof; Provided , that said lease shall not have the effect, or be intended to have the effect, to defeat or lessen competition in their respective bussiness, or to encourage monopoly. May lease or be leased to other roads. Provided it does not lessen competition. Sec. V. Be it further enacted by the authority aforesaid , That said company shall complete at least forty miles of said road in five years after the passage of this Act. Must complete forty miles in five years. Sec. VI. Be it enacted by the authority aforesaid , That sections eleven (11) and twelve (12) of the charter granted to the said Bainbridge, Cuthbert and Columbus Railroad Company are hereby repealed; and that all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Sections 11 and 12 of old charter repealed. Approved September 30th, 1881.

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ELBERTON AND POINT PETER RAILROAD INCORPORATED. No. 465. An Act to incorporate the Elberton and Point Peter Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That David A. Mathews, Alfred S. Oliver and Phillip W. Davis, of the county of Elbert, and such other persons as shall associate with them under said name, shall be, and they are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Elberton and Point Peter Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That said company be authorized to build a railroad from Elberton, in the county of Elbert, to Point Peter, in the county of Oglethrope, to cross Broad river somewhere between Morris' ferry and Jones' ferry, by erecting a bridge across said Broad river on which said track or tracks may be laid. Route of road. Sec. III. Be it further enacted by the authority aforesaid , That said corporators, their associates and successors, be authorized, for the purpose of procuring stock in said company, to open books and receive subscriptions, at the rate of twenty-five dollars per share, at such times and places as may be deemed proper, and when twenty-five thousand dollars of the capital stock shall have been subscribed, and twenty per cent. thereof paid in, to elect a president, directors and agents, to borrow money, make contracts, to hold real and personal estate, to and for the use of said railroad. Books of subscription. Value of shares. First election of officers. Powers of corporation. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have the exclusive right of transportation of persons and goods, merchandise and produce, over the said road to be by them constructed, and shall have power to fix and establish such rates and charges for transportation of persons, goods, merchandise, and produce, and other articles, as the board may establish, subject at all times to the revision and control of the Board of Commissioners of Railroads in this State. Exclusive use. Charges. Sec. V. Be it further enacted , That said company may, when they see fit, lease or sell their right of transportion in said road, subject to the provisions of this charter, and said company, and every person or company who may have received from them the right of transportation of goods, wares, merchandise and produce, on said railroad, shall be deemed and taken to be a common carrier, as respects all goods, wares, merchandise and produce entrusted to them for transportation. May sell or lease.

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Sec. VI. Be it further enacted , That the stock of said company may be transferred in such manner and form as may be directed by the by-laws of said company. Transfer of stock. Sec. VII. Be it further enacted , That the capital stock of said company shall be fixed at one hundred thousand dollars, but if deemed insufficient by a majority of the Board of Directors, it shall be lawful, at some general meeting of the stockholders, from time to time, to increase the capital stock of said company to an amount not exceeding four hundred thousand dollars by the addition of as many shares as may be deemed necessary for that purpose, and the president and directors shall first give individual stockholders for the time, or their legal representatives, the option of taking such additional shares; if said additional shares shall not be taken by the individual stockholders, the president and Board of Directors shall cause the books to be opened at such times and places as shall be designated by them, which times and places shall be duly advertised for subscriptions for such additional shares, or for so much thereof as may not be taken by the individual stockholders; and the subscribers for such additional shares are hereby declared to be thenceforth incorporated into said company, with all the privileges and advantages, and subject to all the liabilities, of original stockholders. Capital stock. Books of subscription. Sec. VIII. Be it further enacted , That the president and directors, or a majority of them, shall have power to borrow money for the objects of this charter; to issue certificates, bonds, and other evidences of indebtedness, also to mortgage or otherwise pledge said road, or any of the property of said company. Power to borrow money. Issue bonds and make mortgages. Sec. IX. Be it further enacted , That in all cases where a question of right-of-way may arise, and the parties being unable to agree, the Sheriff of the county in which the land is situated, shall summor a jury of twelve freeholders of said county, who shall assess the damage to be paid by said 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 now in force regulating appeals to said court; Provided , that in no case the right-of-way embraces more than one hundred feet in width on each side of the road-bed. Disputes as to right-of-way. Right of appeal. Sec. X. Be it further enacted , That the corporators herein named shall be ex-officio directors of the road for two years after the passage of this Act, and until new directors are elected. Corporators ex-officio Directors. Sec. XI. Be it further enacted , That said corporators shall have full power to pass all by-laws and regulations necessary to carry out the objects of this charter, not inconsistent with the laws of the State of Georgia or of the United States. By-laws. Sec. XII. Be it further enacted , That the said company shall have full power and authority to consolidate or connect with any other railroad in or out of the State of Georgia; Provided , that

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said consolidation shall not have the effect, nor be intended to have the effect, to defeat or lessen competition, nor to encourage monopoly. May consolidate with other roads. Proviso. Sec. XIII. Be it further enacted , That unless the work of constructing the railroad herein provided for, shall be bona fide commenced within five years from the approval of this Act, and said work completed within eight years from said approval, then this charter, and the franchises therein granted, shall be forfeited. Work must be begun in five years. Sec. XIV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. ELBERTON AND PETERSBURG RAILROAD INCORPORATED. No. 467. An Act to incorporate the Elberton and Petersburg Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That David A. Mathews, Alfred S. Oliver and Phillip W. Davis, and such other persons as shall associate with them under said name, shall be, and they are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Elberton and Petersburg Railroad Company. Corporators Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That said company be authorized to build a railroad from Elberton, in the county of Elbert, to some point on Savannah or Broad rivers, and to cross the Savannah river at any point between Harper's ferry and Petersburg, or to cross Broad river at any point between Downer's ferry and Petersburg. Route of road. Sec. III. Be it further enacted by the authority aforesaid , That said corporators, their associates and successors, be authorized to proceed to open books and receive subscriptions, at the rate of twenty-five dollars per share, at such times and places as may be deemed proper, and when fifty thousand dollars of the capital stock shall have been subscribed, and twenty per cent. thereof paid in, to elect a president, directors and agents, to borrow money, make contracts, to hold real and personal estate, to and for the use of said railroad. Books of subscription. Value of shares. First election of officers. Power to borrow money, etc. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have the exclusive right of transportation of persons, goods, merchandise and produce over said road, to be

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by them constructed, and shall have power to fix and establish such rates of charges for transportation of persons, goods, produce, merchandise and other articles, the same as the other railroads in this State. Exclusive rights. Charges Sec. V. Be it further enacted by the authority aforesaid , That said company may, when they see fit, lease or sell their right of transportation in said road, subject to the provisions of this charter, and said company, and every person or company who may have received from them the right of transportation of goods, wares and produce on said road, shall be deemed and taken to be common carriers, as respects all goods, wares, merchandise and produce entrusted to them for transportation. May lease or sell. Sec. VI. Be it further enacted by the authority aforesaid , That the stock of said company may be transferred in such manner and form as may be directed by the by-laws of said company. Transfer of stock. Sec. VII. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be fixed at five hundred thousand dollars, but if deemed insufficient by a majority of threefourths of all the stockholders, it shall, and may be lawful at some general meeting of the stockholders from time to time, to increase the capital stock of said company to an amount not exceeding four millions of dollars, by the addition of as many shares as may be necessary for that purpose, and the president and directors shall first give the individual stockholders the refusal of said additional shares, if the said additional shares shall not be taken by the individual stockholders, the president and Board of Directors shall cause the books to be opened at such time and places as shall be designated by them, which time and place shall be duly advertised, for subscription for such additional shares, or for so much thereof as may not be taken by the individual stockholders, and the subscribers for such additional shares are hereby declared to be thenceforth incorporated into said company, with all the privileges and advantages, and subject to all the liabilities, of original stockholders. Capital stock. Sec. VIII. Be it further enacted by the authority aforesaid , That the president and directors, or a majority of them, shall have power to borrow money, for the objects of this Act, to issue certificates, bonds, and other evidences of indebtedness, also to mortgage, or otherwise pledge said road, or any of the property of said company. Power of President and Board of Directors Sec. IX. Be it further enacted by the authority aforesaid , That in all cases where a question of right-of-way arises, and the parties being unable to agree, the Sheriff of the county in which the land is situated shall summon a jury of twelve freeholders of said county, who shall assess the damage to be paid by the said company for running said road through the land of any citizen, reserving to either party the right of appeal to the Superior Court under

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the laws now in force regulating appeals in said courts; Provided , that in no case the right-of-way embrace more than one hundred feet in width on each side of the road-bed. Disputes as to right-of-way. Appeal. Sec. X. Be it further enacted by the authority aforesaid , That the corporators herein named shall be ex-officio directors of the road for two years after the passage of this Act, and until new directors are elected. Corporators ex-officio Directors. Sec. XI. Be it further enacted by the authority aforesaid , That the said corporators shall have full power to pass all by-laws and regulations necessary to carry out the objects of this charter, not inconsistent with the laws of the State of Georgia or of the United States. By-laws and regulations. Sec. XII. Be it further enacted by the authority aforesaid , That the said company shall have full and complete power and authority to consolidate or connect with any other railroad, in or out of the State of Georgia; Provided , said consolidation shall not have the effect to defeat or lessen competition, or to encourage monopoly. May consolidate or connect with other roads. Sec. XIII. Be it further enacted by the authority aforesaid , That unless the work of constructing the railroad herein provided for shall be bona fide commenced withing five years from the approval of this Act, and said work completed within eight years from said approval, then this charter and the franchises therein granted shall be forfeited. Work must be begun in five years and completed in eight years. Sec. XIV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. CEDARTOWN RAILROAD COMPANY INCORPORATED. No. 471. An Act to incorporate the Cedartown Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That J. S. Stubbs, C. Philpot, L. S. Ledbetter, James Glenn, of Polk county, and such other persons as may be associated with them, be, and they are hereby, constituted a body politic and corporate by the name of The Cedartown Railroad Company, and as such may make contracts, and have and use a common seal, and do all other acts properly incident to and connected with said incorporation, and necessary for the organization, control and transaction of its business. Corporators Name of corporation. Rights and liabilities.

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Sec. II. That said company shall have power and authority to survey, lay out, construct, equip and use a railroad from Cedartown, in Polk county, to any point in said county, on the Selma, Rome and Dalton railroad, between the town of Cave Spring, in Floyd county, and the Georgia and Alabama line, and to carry travellers and freight over said road, for reasonable compensation, which they are empowered to collect; to open books and procure subscriptions for stock, at such time 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. Route of road. Power as carriers. Books of subscription. May lease road. Sec. III. Be it further enacted, etc. , That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed three hundred thousand dollars. The stockholders shall elect a Board of Directors, and each share shall be entitled to a 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. Directors. Other officers. Sec. IV. Be it further enacted , That when a question of right-of-way may arise, and the parties shall he unable to agree, the owner of the land, his agent or attorney shall select a man, 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 shall select a third man, disinterested, and a majority of them 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 ten days to the Superior Court, according to the laws governing appeals; Provided , the right-of-way shall not be over fifty feet on each side of the track of said railroad. Disputes as to right-of-way. Appeal. Sec. V. Be it further enacted, etc. , That the said company shall have full power and authority to carry such railway through any streets of Cedartown, as may be agreed upon by the corporate authorities of said town and said company, and over any public road or railroads which may be in the route of said railway, as located and determined by the engineer of said company. May use streets of Cedartown. Sec. VI. Be it further enacted, etc. , 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. Sec. VII. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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SOUTH SIDE STREET RAILROAD INCORPORATED. No. 473. An Act to incorporate the South Side Street Railroad Company, for the purpose of building a street railroad on Prior and Richardson streets, and other streets in Atlanta, Georgia, and for other purposes. The Mayor and General Council of the city of Atlanta having given its consent to the granting of the authority herein conferred, said consent being evidenced by a certified copy of the action of said Mayor and General Council exhibited in both branches of the Legislature before the passage of this Act: Preamble. Section I. The General Assembly of Georgia do enact , That H. Castleman, E. E. Rawson, J. G. Oglesby, W. D. Grant, George H. Hynds, T. T. Abbott, C. A. Collier, Joel S. Nall, J. F. Cummings, John Ryan, and such others as they may associate with them, and their successors and assigns be, and they are hereby, declared a body politic and corporate, by the name and style of The South Side Street Railroad Company, and by that name shall have full power to sue and be sued, plead and be impleaded, in any court of law or equity in this State, or whenever its rights may come in question; to have and use a common seal, and to alter or change the same at pleasure; to purchase, accept, hold, enjoy, or convey any property, real or personal, that may be necessary for the purposes hereinafter set forth; shall have full power and authority to survey, lay out, construct, and equip, use and employ street railroads in the city of Atlanta on Prior and Richardson streets, and in the county of Fulton outside of said city, upon such terms as are prescribed in this Act; Provided , that nothing in this Act contained shall authorize the said South Side Street Railroad Company to occupy with its railroads any street occupied by the Atlanta Street Railroad Company, or the Gate City Street Railroad Company, except for the purpose of crossing the same to make a connected line, and in making such crossing they shall not run along a street thus occupied for more than three (3) city blocks; and, provided, further , that no other street railroad company shall hereafter occupy with its railroad any street occupied by the said South Side Street Railroad Company, except for the purpose of crossing the same to make a connected line, and in making such crossing they shall not run along a street thus occupied by said South Side Street Railroad Company for more than three (3) city blocks. Corporators Name of corporation. Rights and liabilities. Route of road. Proviso. May cross other roads. Additional proviso. Sec. II. Be it further enacted by the authority aforesaid , That said South Side Street Railroad Company shall not have the power

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or authority to survey, construct, equip, or use any railroad on any street in the city of Atlanta without first obtaining the consent, by resolution, duly passed by the Mayor and General Council of said city, for each street so used or occupied by said company, and in no event shall said company have the right to use steam for the purpose of moving its cars within the corporate limits of the said city of Atlanta, without the consent of said Mayor and General Council, expressed by resolution duly passed. Must obtain consent of City Council to use any streets in Atlanta. Cannot use steam without consent of Council. Sec. III. Be it further enacted by the authority aforesaid , That said company shall not have the power or authority to survey, lay out, equip, construct, occupy or use any railroad outside of the corporate limits of said city of Atlanta, except by the consent of the Commissioners of Roads and Revenues of the county of Fulton, and if said railroad is located upon a public road, it shall be constructed in such manner and located in such part of said public road as said commissioners shall direct. Cannot construct road outside of Atlanta except by consent of Commissioners of Fulton county. Sec. IV. Be it further enacted by the authority aforesaid , That whenever said company shall desire to locate its track upon any land other than a public road in said county of Fulton, and outside of said city, and a question of right-of-way shall arise, and parties may fail to agree, the owner of the land may select one person as arbitrator, and the said company shall select another person as arbitrator (the submission to be in writing under the Code of Georgia, and said two (2) arbitrators so chosen may select a third, if they cannot agree; and said arbitrators shall proceed forthwith to assess the damage for said right-of-way through said owner's land, either party having the right of appeal to the Superior Court of said county, as is provided for appeals from Justice Courts to the Superior Court; Provided , the right-of-way shall not be over twelve (12) feet in width, except at meeting points, where the same shall not be more than thirty (30) feet in width, which damage for such right-of-way said company shall pay to such owner of land. Disputes as to right-of-way. Appeal. Sec. V. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be ten thousand ($10,000) dollars, which may be increased by bona fide subscription to two hundred thousand ($200,000) dollars, should the business of said company require it, books of subscription for which may be opened in Atlanta, and at other point or points which may be by the incorporators or directors deemed advisable, within the United States. Capital stock. Books of subscription. Sec. VI. Be it further enacted by the authority aforesaid , That the officers of said company shall be a president, secretary, and three or more directors, to be chosen in accordance with the will, as to time, manner, and otherwise, of the corporators, or a majority of them; and the said president and Board of Directors shall have full power and authority to establish all by-laws, rules and regulations

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for said company, and to do all acts necessary and not inconsistent with the constitution and laws of this State or of the United States. Officers. By-laws. Sec. VII. Be it further enacted by the authority aforesaid , That said company may carry on its road passengers and freight, and charge fare and toll therefor; Provided , that the rates of said fare and freight shall be subject to the approval of the Mayor and General Council of the city of Atlanta. Rights as carriers. Sec. VIII. Be it further enacted by the authority aforesaid , That this charter shall be for the term of fifty years, with privilege of renewal at the end of said time. Term of charter. Sec. IX. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act are hereby repealed. Approved September 30th, 1881. ETOWAH AND BLUE RIDGE RAILROAD INCORPORATED. No. 475. An Act to incorporate the Etowah and Blue Ridge Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, W. C. Baker, J. G. M. Montgomery, E. E. Field, R. W. Satterfield, H. H. Hall, A. P. Wofford, John H. Wikle, Thos. W. Milner, Joshua Roberts, C. M. McClure, H. P. Bell, Jas. G. Lester, A. W. Tate, J. F. Shepherd, A. M. Foute, T. C. Gower and James B. M. Winburn, and such other persons and corporators as are and may be associated with them, and their successors and assigns, be, and they are hereby, created a body politic and corporate by the name and style of the Etowah and Blue Ridge Railroad Company, and in and by that name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State or the United States; may make by-laws, and appoint all necessary officers, and prescribe their duties, and may accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do other lawful acts properly incident to and connected with said corporation, and necessary for the control and transaction of its business; Provided , that their by-laws are not repugnant to the constitution and laws of this State and of the United States. [Illegible Text] Name and style.

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Sec. II. Be it further enacted , That the said company shall have power and authority to survey, lay out, construct, equip and use a railroad from the city of Cartersville, in Bartow county, Georgia, through the counties of Bartow, Cherokee, Forsyth and Hall to the city of Gainesville Georgia, of any gauge they may desire, and to carry freight and passengers over said road, charging such an amount for freight and passenger tarriffs as may be considered expedient, and not contrary to the legal requirements of this State and to open books and procure subscriptions for stock at the rate not exceeding one hundred dollars per share, at such times and places as may be thought proper; to elect a president and five directors; to borrow money, make contracts, hold real and personal estate to and for the use of said road; to have power to make all contracts necessary and proper for the building and completion of said railroad; to purchase iron, rolling stock, and equipments for the same, and for the purposes aforesaid; to issue its bonds to such an amount, payable at such time, and drawing such a rate of interest, as may be agreed upon and determined by a majority of the stockholders, and based upon such security as may be agreed upon, and to sell said bonds, or otherwise dispose of them as their Board of Directors may determine. Route of road. Powers as carriers. Books of subscription. Officers. General powers of corporaton. Sec. III. Be it further enacted , That the capital stock of said company shall be divided into shares of not exceeding one hundred dollars each, and shall not exceed the sum of two million dollars. Capital stock. Sec. IV. Be it further enacted , That when a question of right-of-way shall arise, and parties are unable to agree, the owner of the land may select a freeholder of said county, disinterested, or his agent or attorney may do so, and the agent of the company shall select a freeholder of said county, and they shall agree upon the damages, if they can; and if they cannot, the two shall select a third freeholder of said county, 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 the law; Provided , that difference, or disagreement between said company and any land owner shall operate by way of injunction, or in any other way to hinder or suspend the progress of the work, or the construction of said road, but the same, in all cases, shall continue without interruption, upon adequate security being given by said company to the land owner to pay such damages as shall be finally assessed as aforesaid. Disputes as to right-of-way. Appeal. Sec. V. Be it further enacted , That for the organization of said company, said persons hereinbefore named, or a majority of them, shall have power to call a meeting of the corporators herein named, who shall elect a president and five directors for said company, who shall hold their offices for twelve months from the time of

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their election, or until their successors are elected, and the said corporators may prescribe in their by-laws for future elections, the time and place for holding same, and who shall be qualified to vote at same. The Board of Directors shall have power to fill all vacancies which may occur in the board, unless otherwise provided for in the by-laws of said company. The directors elected as herein provided may appoint times and places at which subscriptions for stock in said company may be taken, and every person or corporation, or body politic, subscribing at any such places, or at any time afterwards, under the direction of the directors or a majority of them, shall be stockholders in said company, and shall pay in the stock so subscribed, at such times and in such amounts as the by-laws or regulations of said company may require. That said company shall not begin operations, nor let contracts, nor incur any liabilities, until the sum of one hundred thousand dollars stock has been bona fide subscribed, and ten per cent. of such subscription shall have been paid in, in cash. Meeting of corporators. Term of officers. Vacancies. Subscriptions for stock. When business may be begun. Sec. VI. Be it enacted by authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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TITLE III. STEAMBOAT COMPANIES. ACTS. Merchants' and Planters' Steamboat Company incorporated. Augusta Canal and Savannah River Steamboat Company incorporated. Red Line Steamboat Company incorporated. THE MERCHANTS' AND PLANTERS' STEAMBOAT COMPANY INCORPORATED. No. 122. An Act to incorporate the Merchants' and Planters' Steamboat Company, and for other purposes. 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, H. M. Comer, L. Sumter Bryan, Jesse Thompson, William T. Wheeless, Benjamin F. Hillingsworth, William M. Dunbar, and William Chandler, their associates and successors, be, and they are hereby, constituted a body politic and corporate by the name and style of The Merchants' and Planters' Steamboat Company, and by that name and style may sue and be sued, plead and be impleaded, may have and use a common seal, and the same break, alter and renew at pleasure, and may make such by-laws, rules and regulations as they may deem necessary or proper, not inconsistent with the constitution and laws of the United States or this State. Name and style. Rights and liabilities. Sec. II. Be it further enacted , That the said corporation shall have power and authority to run a steamboat or boats upon the Savannah river, or any other river or waters, for the purpose of transporting passengers, freight, goods, wares or merchandise, and doing any other business usual or customary with said companies, and may have, hold, use, enjoy, and sell, barter or exchange any operty, real, personal, or mixed, that may be necessary or proper carrying out the purposes of its organization. Authority and purposes of corporation.

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Sec. III. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, in shares of one hundred dollars each, which said company may increase to one hundred thousand dollars, and said company may commence business and exercise the franchise hereby granted when ten thousand dollars of said capital stock shall have been paid in. Capital stock. Value of shares. When business may be begun. Sec. IV. Be it further enacted , That said company shall have power to borrow money and secure the same by mortgage on, or conveyance of, its property and franchises, and may make any other contract that may be necessary or proper in carrying on its business. The company shall be responsible to its creditors to the full extent of all its property and assets, and each stockholder shall be individually liable for the debts created while he is a stockholder to the full amount of the stock owned or subscribed for by him at the time the debt was created. Power to borrow money. Liability of corporation and stockholders. Sec. V. Be it further enacted , That the business and affairs of said company shall be managed by a president and a Board of Directors, not less than five, to be selected by said company, at such time, for such terms and with such duties, as the stockholders of said company may prescribe; any necessary or proper agents, servants or employes may be engaged or hired, as may be deemed advisable by said stockholders or the president and Board of Directors, at such compensation as said company may authorize. In any meeting of said stockholders each share of stock shall be entitled to one vote, and the stock of any absent stockholder may be represented and voted by proxy, and the president and three members of said board shall be necessary to constitute a quorum of said board. President and Directors. Rights of stockholders. Sec. VI. Be it further enacted , That the principal place of business of said corporation shall be the city of Augusta, in the county of Richmond in this State, but agencies may be established and conducted at such other place or places as the business of said company may require. Location. Sec. VII. Be it further enacted , That all laws and parts of laws contrary to this Act be, and the same are hereby, repealed. Approved August 31st, 1881.

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AUGUSTA CANAL AND SAVANNAH RIVER STEAMBOAT COMPANY INCORPORATED. No. 195. An Act to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes. 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 George T. Jackson, William S. Roberts, Joseph O. Mathewson, Nathaniel W. Armstrong, Marion J. Verdery, Marion B. Mathewson, John A. Bell and Charles A. Doolittle, and their successors be, and they are hereby, created and made a body politic and corporate, by the name of the Augusta Canal and Savannah River Steamboat Company, for and during the term of thirty years, with powers to sue and be sued, plead and be impleaded in any and all courts of this State, and elsewhere; to have and use a common seal, and the same to change at pleasure; to determine, from time to time, the number and style of its officers, and their term of office; to make by-laws binding upon its numbers, not inconsistent with the laws of Georgia or the United States, and generally to have and exercise all the powers incident to a navigation company. Name and style. Rights and privileges. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be five thousand dollars, with the privilege of increasing the same from time to time, by a two-third's vote of all the stockholders, to any sum not exceeding one hundred thousand dollars. A reduction of the capital stock may be made by a like two-third's vote, from time to time, but the capital stock shall never be reduced below five thousand dollars. The capital stock of said company shall be divided into shares of twenty-five dollars each, and shall be transferable only upon the books of the company in person, or by attorney, and each share shall be entitled to one vote, which may be cast in person by the stockholder, or by his written proxy. The stockholders in said corporation shall be bound in their individual capacity only to the amount of their unpaid subscription. Said corporation shall not commence business until five thousand dollars has been bona fide subscribed for, and actually paid in money or property, or both. Capital stock. Value of shares. Transfer. Liability of stockholders. When business may be begun. Sec. III. Be it further enacted by the authority aforesaid , That said corporation shall have full power to navigate the Augusta canal, its tributaries, and the Savannah river, with boats or other water craft, propelled or drawn by steam or other motive power; to erect and maintain warves and landings, bath-houses and pleasure grounds; Provided , that all navigation or other use of said

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canal and its tributaries shall be made only by the consent of, and subject to, such restrictions as the City Council of Augusta may, from time to time, impose. Powers of corporation. Sec. IV. Be it further enacted by the authority aforesaid , That said corporation shall be authorized to build, purchase, lease and hold all such boats or other water craft, machinery and other property, real or personal, as may be necessary or convenient in the prosecution of its business, and to sell, mortgage and encumber the same, and to make contracts and to issue bonds. Farther powers of corporation. Sec. V. Be it further enacted by the authority aforesaid , That said corporation shall be authorized to charge and collect such fares and freights as shall be reasonable and just; to maintain order upon its boats, pleasure and picnic grounds, and in its bath houses, and may reject or refuse to receive any drunken person acting in an indecent or immoral manner; also, any person who shall refuse to comply with the established rules of the company made for the convenience or safety of its patrons; Provided , said rules shall have been posted five days in not less than three places upon its boats and about its grounds and bath-houses. Farther powers. Sec. VI. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. THE RED LINE STEAMBOAT COMPANY INCORPORATED. No. 447. An Act to incorporate the Red Line Steamboat Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That Sydney P. Smith and his associates, and all persons who may hereafter become stockholders in said company, are hereby created a body corporate by the name of the Red Line Steamboat Company, for the purpose of owning, building, purchasing, equipping, employing or chartering and fitting out steamboats, to be propelled by steam, and to be run and employed in navigation and the transportation of freight and passengers over the waters of the Coosa River, and over all navigable streams flowing into, forming or tributary thereto, and all the powers, privileges and immunities necessary or beneficial to such a corporation are hereby granted and conferred upon the same, and especially the power to charge and collect freight tariffs and passenger fares, and to purchase, own or sell wharves,

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warehouses, real estate, and all other property that will tend to facilitate the accomplishment of the purposes for which said Red Line Steamboat Company is created. Corporators of the Red Line Steam Boat Company. Sec. II. Be it further enacted , That the capital stock of said corporation shall be ten thousand dollars, consisting of the present steamer, Sydney P. Smith, with the privilege to the stockholders of increasing or changing the same, from time to time, to any sum between ten thousand and one hundred thousand dollars, the same to be divided in shares of one hundred dollars each. Said corporation, and the stockholders individually, shall be liable for the debts of the company, to the full value of the steamer, Sydney P. Smith, and all other boats or property, whether real or personal, that may be owned by them, and also to the value of all other stock which may be subscribed to said company until the same is fully paid up. Capital stock $10,000. Liability of stockholders. Sec. III. Be it further enacted , That said corporator herein named, or any three or more stockholders, who may be duly elected directors, at a meeting of the stockholders in which at least two-thirds of the capital stock is represented, shall have power upon the passage of this Act to commence operations, and to conduct and control all the business and affairs of the corporation, except as to matters otherwise expressly ordered by the stockholders in meeting assembled. Directors. When business may be begun. Sec. IV. Be it further enacted , That the stockholders may adopt their own rules and regulations with reference to time of meeting, manner of voting and the transaction of business. By-laws. Sec. V. Be it further enacted , That the directors, when elected, shall hold office for one year, or until their successors are elected, and may adopt their own rules and by-laws, not inconsistent with the laws of this State and of the United States, or with the rules of the stockholders, and may elect and employ such officers as may seem to them best, and may confer such powers upon said officers as will best facilitate the transaction of business and the advancement of the interest of the corporation. Power of Directors. Sec. VI. Be it further enacted , That said corporation shall have the right to consolidate with any other steamboat company, or companies of similar character, now doing business, or that may hereafter do business, on said river or rivers. Right to consolidate with other corporations. Sec. VII. Be it further enacted , That conflicting laws are hereby repealed. Approved September 29th, 1881.

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TITLE IV. TELEGRAPH AND TELEPHONE COMPANIES. ACTS. Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company incorporated. The Atlantic and Mississippi Telegraph Company incorporated. DAHLONEGA, DAWSONVILLE AND GAINESVILLE TELEGRAPH AND TELEPHONE COMPANY. No. 449. An Act to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, in the State of Georgia. Section I. It is hereby enacted by the General Assembly of the State of Georgia , That Emanuel Bast, F. M. Imboden, J. P. Imboden, Weir Boyd, Sitten Brother, J. W. W. A. Burnside, Gurley Crawford, S. R. Stambaugh, Goodman Hughes, Joseph M. Gurley, The Hightower Gold Mining Company, Daniel Howell, W. J. T. Hutchinson, R. F. Williams for the Dawson County Mining Company, John Sutton, Cecil A. Alexander, Harvey A. Alexander, Amzi Randolph, and E. A. Brady, and such other persons as they may associate with them, be, and they are hereby, declared to be a body politic and corporate, under the name and style of the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, with power to sue and be sued, to purchase and hold property, real or personal, as may be necessary for the business of said company, or to sell the same at pleasure; to have and use a common seal, and make all by-laws, rules, and regulations for the business of said company, not inconsistent with the constitution and laws of the United States or of this State. Incorporators of the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company. Sec. II. Said company shall have the right and privilege of constructing a line or lines of telegraph and telephone communication from and to Gainesville, Dahlonega and Dawsonville, in the

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State of Georgia, and such other points or places in said State as said company may elect (not to interfere with privileges herefore granted to others) for the purpose of transmitting messages and communications, with all the rights, powers and privileges necessary for carrying out the objects herein contemplated, with power to charge and collect reasonable compensation for services in sending messages and communications; and the right and title of the lines of communication now established between said places specified in this Act, is hereby declared to be vested in said company. Authorized to construct telegraph and telephone lines between certain points. Sec. III. The capital stock of said company shall be three thousand dollars, distributed in six hundred shares, at five dollars for each share, with the privilege to said company to raise the capital stock to one hundred thousand dollars. Capital stock $3000. Sec. IV. The officers of said company shall consist of president and five directors, and such others as said company may prescribe in its by-laws. Officers of company. Sec. V. The principal office of said company shall be at Dahlonega, Georgia, for judicial and business purposes, but branch offices may be established as said company may desire. Principal office at Dahlonoga. Sec. VI. That each stockholder of said company shall be personally liable for the debts of said company to the extent of the stock held by such stockholder. Liability of stockholders. Sec. VII. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 29th, 1881. THE ATLANTIC AND MISSISSIPPI TELEGRAPH COMPANY. No. 476. An Act to incorporate the Atlantic and Mississippi Telegraph Company. 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 George T. Barnes, Charles H. Phinizy, Barney S. Dunbar, J. C. C. Black, and John E. McDonald, of the county of Richmond, their associates, successors, and assigns, be, and they are hereby, constituted a body corporate and politic, under the name and style of the Atlantic and Mississippi Telegraph Company. Corporators of the Atlantic and Mississippi telegraph company. Sec. II. Be it further enacted , That said corporation shall exist and have and enjoy succession under its aforesaid corporate name, and under said name to make and enter into contract, sue and be sued, to purchase and hold such real, mixed or personal property,

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as may be required for the purpose of said corporation, and the same with all right and privileges therewith connected to sell, alien, mortgage, pledge, and convey or otherwise dispose of under its corporate name, and to make and establish such by-laws, rules and regulations for its government as may be requisite or necessary; to make and use a corporate seal, and the same to alter at pleasure, and to appoint such officers or agents as may be necessary for the proper management of the affairs of said corporation. Powers. Sec. III. Be it further enacted , That the said corporation shall have full power and authority to erect and maintain telegraph and dispatch lines in and throughout the State of Georgia, as well as the States of New York, Pennsylvania, New Jersey, Deleware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Alabama, Florida, Mississippi, Louisiana, Texas, Tennessee, Kentucky, Missouri, and elsewhere in the United States of America, with all necessary stations, offices, apparatus, improvements, and machinery, and to employ the same, with any new inventions which from time to time may be acquired by said corporation, in the rapid transmission, for remuneration and profit, of information, messages, and intelligence, by means of electric agencies and magnetic telegraph, to and from various places in the aforesaid States and District, or elsewhere. Authorized to construct telegraph lines. Sec. IV. Be it further enacted , That said company shall have power to set up their fixtures upon any road or roads without the same being held or deemed a public nuisance; Provided , that such fixtures shall be so constructed as not to interfere with the customary travel of which on any of said roads. On roads. Sec. V. Be it further enacted , That the capital stock of said company shall not be less than two hundred and fifty thousand dollars, but which may be increased at the pleasure of the corporation to a sum not exceeding ten millions of dollars, divided into shares of one hundred dollars each, but said corporation may commence business whenever the sum of one hundred thousand dollars has been bona fide subscribed on the books of said company. Capital stock. Sec. VI. Be it further enacted , That the principal place of business of said company shall be in the city of Augusta, Georgia, but said place may be changed, should it hereafter become desirable for the interest of said corporation, and said corporation shall have power to establish agencies at any other point or points it may deem necessary. Principal office Augusta, Ga. Sec. VII. The affairs of said corporation shall be managed by a president, vice-president, and such numbers of directors as may be determined by the by-laws of said corporation. Said officers and directors shall be elected annually, by a vote of the stockholders, at such time as the by-laws may prescribe; Provided, however ,

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that ten days' notice of the time and place of election shall be given in a daily paper published in the city of Augusta. Said officers and directors shall hold over until their successors are elected and qualified, and said Board of Directors shall be authorized to fill any vacancy which may occur in their board, or in any office thereof. Officers and their election. Sec. VIII. The affairs of said corporation shall be managed by the persons named in the first section of this Act until permanent officers are elected. They shall determine how and when subscriptions shall be received, and they shall call stockholders together for permanent organization as soon as they may deem expedient. Corporators officers pro tempore. Sec. IX. Be it further enacted , That said corporation shall have corporate existence for the full term of thirty years. Term of charter. Sec. X. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Repealing clause. Approved September 30th, 1881.

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Part III.Local Laws. Title I.MUNICIPAL CORPORATIONS. Title II.SUPERIOR COURTS. Title III.COUNTY OFFICERS. Title IV.COUNTY AND CITY COURTS. Title V.GAME, ETC. Title VI.LIQUORS. Title VII.ROADS AND BRIDGES. Title VIII.FENCES AND STOCK. Title IX.MISCELLANEOUS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Americus authorized to increase its indebtedness. Americus authorized to appropriate certain money for school purposes. Tax for payment of bonds of Athens changed. Athens authorized to change appropriation of certain money. Charter of Atlanta amended. Board of Health of Augusta. Amendatory of Act creating Police Commissioners for city of Augusta Terms of Mayor of Augusta. Charter of Camilla amended. Charter of Camilla amended. Charter of Conyers amended. Correction of an error of date in the charter of Conyers. Charter of Griffin amended. Charter of Griffin amended. Charter of Macon amended. Charter of Macon amended. Relating to bonded debt of Macon. Water supply for city of Macon. Board of Health created for Macon. Purchase of certain property by Mayor and Council of Macon. Recorder's Court of Macon established. Registration of voters in Savannah. Charter of Savannah amended. Savannah authorized to tax Savannah, Florida and Western Railway. Charter of Jonesboro amended. Charter of Cochran amended. Charter of Hawkinsville amended. Corporate limits of Newnan extended. Corporate limits of Waynesboro extended. New charter for town of Tallapoosa. Etowah city incorporated. Public schools for town of Butler. Sale of liquors in Louisville prohibited. System of public schools for Rome established. Charter of Elberton amended. Charter of Milledgeville amended. Charter of West End amended.

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Charter of Quitman amended. Establishment of public schools in Sandersville. Charter of Clarkesville amended. Charter of Palmetto amended. Corporate limits of Bowdon changed. Town of Arlington incorporated. Town of Rising Fawn incorporated. Election for Mayor and Aldermen of Eastman. Charter of Greenville amended. Town of Pelham incorporated. Charter of Dahlonega amended. Town of Leary incorporated. Town of Blackshear re-incorporated. Public schools of Cartersville abolished. Town of De Soto re-incorporated. Charter of town of Weston repealed. Charter of Decatur amended. Charter of town of Buchanan amended. Town of Franklin re-incorporated. Town of McVille incorporated. Regulations for government of town of Penfield. Charter of Sharpsburg amended. Charter of Talbotton amended. Public schools for city of Dalton. Authorizing town of Thomaston to issue bonds for educational purposes. Charter of town of Lawtonville repealed. Town of Alapaha incorporated. Town of Groveton incorporated. Charter of town of Summerville amended. Town of Reynolds authorized to issue bonds for school purposes. Town of Millen incorporated. AMERICUS AUTHORIZED TO INCREASE ITS INDEBTEDNESS. No. 205. An Act to authorize the city of Americus to increase its indebtedness, as provided in section 7, article 7, of the constitution. Whereas, The city of Americus, at the time of the adoption of the constitution of 1877 of the State, was not indebted in any amount: Preamble. Section I. Be it, therefore, enacted by the General Assembly of the State of Georgia , That the city of Americus, in the county of Sumter, in said State, be, and is hereby, authorized to increase its indebtedness to the amount of five thousand dollars, the same not being three per centum upon the assessed valuation of the taxable property in said city, said sum to be expended in the purchasing of a fire-engine for the use of said city. May increase indebtedness to five thousand dollars. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 14th, 1881.

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AMERICUS AUTHORIZED TO APPROPRIATE CERTAIN MONEY FOR SCHOOL PURPOSES. No. 150. An Act to authorize the Mayor and Council of the city of Americus to collect all municipal taxes on all liquors, and appropriate the same to the support of the public schools in said city. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Mayor and City Council of the city of Americus, be authorized to assess and collect all municipal taxes upon liquors of every kind and description, sold within the corporate limits of said city, and appropriate the same for the use and benefit of the public schools now in operation in said city. Liquor tax appropriated for school purposes. Sec. II. Be it further enacted , That all laws, or parts of laws, militating against this Act are hereby repealed. Approved September 12th, 1881. TAX FOR PAYMENT OF BONDS OF ATHENS CHANGED. No. 71. An Act to amend an Act, approved February 26th, 1876, so as not to compel the Mayor and Council of Athens to levy onehalf of one per cent tax to pay the principal and interest on the bonds therein mentioned, but to only require the Mayor and Council of Athens to levy such amount of tax as will be necessary to pay the interest on said bonds and provide for the principal. Section I. Be it enacted , That an Act, approved February 26th, 1876, which relates to the levy of a tax by the corporate authorities of the town of Athens, for the payment of the interest upon the bonded debt of said town, be amended so as to permit the Mayor and Council of said town to levy such amount of tax as will be necessary to pay the interest on the bonds and provide for the principal, and to relieve the said Mayor and Council from the obligation to levy one-half of one per cent., unless they should see proper to do so; and the provisions of this Act shall apply to and govern the taxes levied the present year. Mayor and Council may impose such tax as to pay interest on bonds and provide for principal. Sec. II. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881.

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ATHENS AUTHORIZED TO CHANGE APPROPRIATION OF CERTAIN MONEY. No. 76. An Act to allow the Mayor and Council of Athens to use the money set aside heretofore for the purpose of building public cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Company for the purpose of purchasing lot upon which to locate their hall, and for any other purposes connected with the Fire Department. Section I. Be it enacted , That the Mayor and Council of Athens be, and are hereby, allowed and authorized to use the money set aside, heretofore, for the purpose of building public cisterns, for the purpose of paying the appropriation made to the Pioneer Hook and Ladder Company for the purpose of purchasing a lot upon which to locate their hall, and for any other purpose connected with the Fire Department. May appropriate money heretofore set apart for cisterns to Pioneer Hook and Ladder Company. Sec. II. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881. CHARTER OF CITY OF ATLANTA AMENDED. No. 134. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to authorize the Mayor and General Council of said city to grade, pave, macadamize and otherwise improve the streets of said city, and to authorize said body to assess and collect two-thirds of the cost of said improvements out of the real estate fronting on said streets so improved, and to authorize said Mayor and General Council to construct sewers and drains in said city, and to assess the cost of the same on real estate abutting on the streets through which sewers may be constructed and placed, and on the real estate through which sewers may pass, and to authorize sewers and drains to be constructed through private property on the payment of damages, and by establishing a Board of Commissioners of streets and sewers for said city, to fix their terms, compensation and duties, and to provide that in the event the

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receipts of said city for any year shall exceed the amount of the aggregate appropriations for such year, that such excess may be used and expended by the Mayor and General Council of said city, and to provide for a separate appropriation each year for sanitary purposes, the same to be expended by the Board of Health, and to authorize the Mayor and General Council of said city to make an assessment on the various lots and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on every lot so assessed, and to authorize the collection of the same by execution, levy and sale, and to provide that hereafter Police Commissioners shall be elected by a majority vote instead of a two-thirds' vote of the Mayor and General Council of said city, and to amend section sixty (60) of said original Act in reference to opening streets so as to abolish the Board of Assessors of real and personal property for taxation, of which board the Tax Receiver and Collector of said city shall be a member, and to define their powers and duties. To authorize the payment to election commissioners of reasonable compensation, also to provide for the election by said body in January, 1882, of a Board of Health for the following terms: One for one year, two for two years, and two for three years, and their successors for three years. Also to amend section sixty-seven of said Act of 1874, so as to provide that the members of the Board of Health need not be elected one from each ward, as therein provided, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Mayor and General Council of the city of Atlanta shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve, for travel and drainage, the streets and public lanes and alleys of said city, and to construct sidewalks and pave the same, to put down curbing, cross-drains, crossings, and otherwise improve the same. Full power given Mayor and General Council to pave, drain, macademize, etc. Sec. II. That in order to to fully carry into effect the authority above delegated, said Mayor and General Council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved, Cost may be assessed on property owners, for sidewalks. Sec. III. That said Mayor and General Council shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross drains, crossings, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved; Provided , that before any street, or portion of a street, shall be so improved, the persons owning real estate, which has at least one-third

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of the fronting on the street, or portion of a street, the improvement of which is desired, shall, in writing, request the Commissioners of Streets of Sewers to make such improvements, and said commissioners shall have approved the same, and shall forward the same, with their approval, to the Mayor and General Council, with a statement of the character of the improvement proposed to be made, and an estimate of the cost of the same, and said Mayor and General Council shall by ordinance direct the said work to be done; and, provided, further , that any street railroad company having tracks running through the streets of said city, shall be required to macadamize, or otherwise pave, as the Commissioners of Streets and Sewers may direct, the width of its track, and for three feet on each side of every line of track now in use, or that may hereafter be constructed by such company; provided , that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks (including cost of curbing), is in no way affected thereby. One-third of cost of improving streets may be assessed on property owners. Proviso. Additional proviso as to street railroad companies. Sec. IV. Said Mayor and General Council shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate, for the above purposes, as may be just and proper, estimating the total cost of each improvement made, and pro-rating the cost thereof on the real estate according to its frontage on the street or portion of a street so improved. It shall be wholly discretionary with the Commissioners of Streets and Sewers, and with the Mayor and General Council, whether and work asked for is desirable or necessary, and shall be done or not; and no application shall be received, and no work done, for less than an entire block; Provided , that the owners of one-third or more of the frontage on a block shall not, by a failure to apply for work, or by objection thereto, defeat an application of the owners of one-third of the frontage of more than a block when such application shall have been regularly made. Equalizing assessments. Discretion of city authorities as to desirability or necessity of work. Proviso. Sec. V. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Assessment a lien on real estate. Sec. VI. The Mayor and General Council of said city shall have authority to enforce the collection of the amount of any assessment so made for work, either upon streets or sidewalks, by executions to be issued by the Clerk of Council against the real estate so assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal of said city, on such real estate, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser; Provided , that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution

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issued is due, and stating what amount he admits to be due, which amount, so admitted to be due, shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received, shall be returned to the Superior Court of Fulton county, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Assessment may be collected by execution. Proceedings under. Defendant in execution may contest same. Sec. VII. All work done in accordance with the above shall be done under the direction of the Commissioners of Streets and Sewers. Surveys, grades, plans, profiles, and other like work, shall be done by the engineer of said city, and by him furnished to said commissioners. Direction of work. Plans, etc., to be furnished by city engineer. Sec. VIII. Said Mayor and General Council shall have full power and authority to lay down sewers and drains in said city, and assess the amount of the cost of laying and constructing the same upon the real estate abutting on streets through and along which sewers and drains may be placed and constructed, and upon any real estate through or upon which the same may be constructed or placed. All work of laying down or constructing sewers and drains shall be done under the direction and supervision of the Commissioners of Streets and Sewers. The city engineer shall furnish to said board information and advice as to the necessities of any particular locality for sewerage, the kind of sewerage that may be desirable, with estimates of the cost of the same, and shall furnish plans and profiles, and such other like work as may be necessary and proper. Amounts of assessments on real estate for constructing sewers may be collected by execution, levy and sale, as in street assessments. Power to lay down sewers and drains. Cost may be assessed on real estate. Supervision of work. Duty of city engineer. Assessments may be collected by execution. Sec. IX. Said Mayor and General Council are hereby authorized to construct and lay down sewers through property in said city; Provided , that before doing so, any damage done to private property thereby shall be ascertained and paid. In order to ascertain the amount thereof, assessors shall be appointed, who shall act and report as in cases of opening streets in said city, and from whose award either party may appeal to the Superior Court of Fulton county within four days. Sewers may be laid through private property. Assessment for damages. Sec. X. There is hereby established, for the city of Atlanta, a board to be styled and known as Commissioners of Streets and Sewers. Said board shall consist of three members. The first members of said board shall be elected by the Mayor and General Council of said city, at the first meeting of said body in December, 1881, unless there shall be a failure from any cause to elect, when an election may be held at any subsequent meetings. Their terms shall commence January 1st, 1882. One commissioner shall be elected for one year, one for two years, and one for three years. When their terms expire their successors shall

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be elected for three years, or until successors are elected and qualified. Board of Commissioners of streets and sewers established. Term. Sec. XI. The members of said board shall, before entering upon the discharge of their duties, take an oath before the Mayor of said city, to faithfully discharge the duties required of them by the laws and ordinances, without favor or preference to any individual or any section of said city, and for the best interest of the city. Oath of Commissioners. Sec. XII. No person shall be a member of said board who is not a bona fide resident of said city. Removal from the city shall vacate the office. The members of said board shall receive such compensation as the Mayor and General Council shall provide, to be paid quarterly out of the city treasury. The amount of such compensation, shall be fixed before their election and shall not be changed during their term. Said board shall from its members select a chairman who shall preside at the meetings of the board, and shall see that the action of the board from time to time is carried into effect. One member of said board shall act as Secretary. Qualification of Commissioners. Salary. Chairman and Secretary of Board. Sec. XIII. Said board shall immediately upon its organization appoint a Superintendent of Streets and Sewers, who shall hold his position at the option of said board, and shall receive a suitable salary out of the appropriations for streets and sewers, to be fixed by the board before his appointment. Superintendent of streets and sewers. Salary. Sec. XIV. The Commissioner of Streets and Sewers shall have full and complete control of all work of every kind, to be done on the streets and sewers of said city, and the work of laying out and opening new streets and extending, widening and changing streets; Provided , that the Mayor and General Council of said city shall alone have power to determine when streets shall be widened or extended, or new streets opened, and when and where new sewers shall be constructed. Powers of Commissioners. Sec. XV. Said board shall, in January of each year, make up and present to the Mayor and General Council an estimate of the amount that will be necessary for work on the streets, and for work on sewers for the year; and said Mayor and General Council shall at the same time the other appropriations are made, set apart and appropriate for the street work such an amount as may, in their judgment, be necessary and proper for the year; and shall also set apart and appropriate for the extension of sewers, and work on sewers such an amount as may, in their judgment, be necessary and proper; the amounts thus appropriated shall be paid out in such manner as the Mayor and General Council shall, by ordinance provide; and such reasonable amount as may be necessary, may be advanced before the annual appropriations in May, as other expenditures of the city. Annual report of Commissioners. Appropriations.

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Sec. XVI. Said board may, if the city ordinances shall render it necessary, elect one of its members a treasurer, who shall give bond in the sum of five thousand dollars, to be approved by the Mayor and General Council. Treasurer of Board. Bond. Sec. XVII. Said board shall make quarterly reports to the Mayor and General Council, showing its transactions, including any receipts and all its expenditures in detail. Quarterly reports of Board. Sec. XVIII. No member of said board shall at any time be interested, directly or indirectly, in any contract of any kind, with the city or any of its departments, and any member who shall do so shall be guilty of a misdemeanor, and may be indicted in the Superior Court of Fulton county, or proceeded against by accusation in the City Court of Atlanta, and on conviction, shall be punished as provided in section 4310 of the Code of this State of 1873. No member of Board can be interested in contracts with city. Penalty. Sec. XIX. The Mayor and General Council of said city, at the time annual appropriations are made in May of each year, shall set apart and appropriate such amount as the probable income of the city will authorize, for sanitary purposes, the same to be expended by the Board of Health of said city for such purposes. Appropriations for sanitary purposes. Sec. XX. The Mayor and General Council of said city are hereby authorized to make an assessment of the various lots of lands and lot owners in said city, for sanitary purposes, not to exceed three dollars per annum on each lot so assessed, and said Mayor and General Council are hereby authorized and empowered to collect the same by execution against the lots so assessed, and the owner thereof. The amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. Said Mayor and General Council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment, provided no lot shall be less than twenty-five feet front; Provided , that this assessment provided in this section shall not be made on vacant lots, and residence lots shall not be sub-divided for assessments. Assessment for sanitary purposes. Amount. Collection of same. Lien of same. Size of lot for sanitary purposes. Proviso. Sec. XXI. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 27th, 1875, is hereby amended by striking from the second section thereof the words, two-thirds, and by inserting in lieu thereof, a majority, so that hereafter Police Commissioners of said city shall be elected by a majority vote instead of a two-thirds' vote of the Mayor and General Council of said city. Election of Police Commissioners. Sec. XXII. Section sixty (60) of said original Act, approved February 28th, 1874, is hereby amended by adding thereto the following: If any property owner shall fail, after notification, to appoint assessors by the time prescribed, then the two assessors

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appointed by the city shall proceed to make the assessment, and in the event they fail to agree, they shall call in a third freeholder, who shall be sworn and act with them, and the finding of the majority shall stand as the award, unless appeal be entered in conformity to law. Section 60 of Act of February 28th, 1874 amended. Sec. XXIII. The offices of assessors of real estate for taxation in said city, are hereby abolished. Assessors of real estate abolished. Sec. XXIV. At the first meeting of the Mayor and General Council of said city, after the approval of this Act, said body shall elect two assistant Tax Receivers and Assessors, whose duty it shall be, in conjunction with the Tax Receiver and Collector of said city, to assess the real estate in said city for taxation, and to receive returns of property, both real and personal, and in cases of failure to return personal property for taxation, or failure to make a true return, or attempted fraud in returning the same, to assess the value of personal property for taxation. Assistant Tax Receivers to be elected. Their duty. Sec. XXV. One of said assistant Tax Receivers and Assessors shall be elected to hold his office until July, 1882, and one until July, 1883; their successors shall be elected and hold their offices for two years, and until their successors are elected and qualified. They shall have such compensation as the Mayor and General Council shall prescribe before their election, which shall not be changed during their terms. They shall take such oath and give such bond as may be required by said Mayor and General Council. Their term. Salary. Oath. Sec. XXVI. That said Assistant Tax Receiver and Assessors and the Tax Receiver and Collector of said city, shall give their whole time to the service of the city during such business hours as the Mayor and General Council may prescribe during their terms. Their whole time must be given the city. Sec. XXVII. That the Tax Receiver and Collector of said city shall discharge the duties above specified (in section 24 of this Act) in addition to those now required by law, and shall give sufficient bond with sureties, to be approved by the Mayor and General Council, and shall take such oath before the Mayor as the Mayor and General Council may prescribe. Duty of Tax Receiver. Bond. Oath. Sec. XXVIII. Said Mayor and General Council are hereby authorized to expend and use any excess in the receipts of the city for any year over the amount appropriated for such year; Provided , that such expenditure shall in no case exceed the actual cash receipts for such year. Expenditure of excess received over amount appropriated. Sec. XXIX. Said Mayor and General Council may pay election commissioners reasonable compensation for their services. Election of Commissioners. Sec. XXX. Said Mayor and General Council shall, at the first or subsequent meeting in January, 1882, elect a Board of Health for said city, consisting of five members, one (1) of whom

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shall be elected for one (1) year, two (2) for two (2) years, and two (2) for three (3) years. Board of Health. Sec. XXXI. Section sixty-seven (67) of said Act of 1874 is hereby amended so that members of the Board of Health of said city need not be elected one from each ward, as therein provided. Need not be from each ward. Sec. XXXII. Said Mayor and General Council shall have full power and authority to pass such ordinances as may be necessary and proper to carry the provisions of this Act into effect, and all laws and parts of laws in conflict with the above Act are hereby repealed. Power of Mayor and Council to pass certain ordinances. Approved September 3rd, 1881. AMENDATORY OF ACT AUTHORIZING CITY OF AUGUSTA TO CREATE BOARD OF HEALTH. No. 44. An Act to amend an Act entitled An Act to authorize the City Council of Augusta to create a Board of Health for said city, approved February 26th, 1877, and amended August 23d, 1879. 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 Act entitled An Act to authorize the City Council of Augusta to create a Board of Health for said city, approved February 26th, 1877, and the Act amendatory of said Act, approved August 26th, 1879, be so amended as to read as follows: That the City Council of Augusta shall, after the passage of this Act, create a Board of Health for said city, the members of said board to be appointed by the Mayor and confirmed by Council, and to be composed of such good and discreet citizens and physicians (not to exceed twelve in number) as may best subserve the purposes for which said board is created. To be composed of one citizen from each ward, two physicians from the city at large, one chemist, the Mayor and Health Committee of Council, ex-officio , who shall hold office as follows: The two physicians and chemist shall be appointed for term of four years; the four citizens shall be appointed for one, two, three and four years, each, and the successors to those thus appointed, shall be for the full term of four years, each, and shall hold until their successors are appointed and qualified. Board of Health for city of Augusta. To be appointed by Mayor and confirmed by Council. How composed. Term of office. Sec. II. Be it further enacted , That said board shall have full power to institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the

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generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarentine (personal or otherwise), penalties for the violation of which shall be as fixed by this Act, or by ordinances of said Board of Health. Powers of Board. Sec. III. Be it further enacted , That the said Board of Health shall have full power and authority to declare by ordinances what acts and things shall be deemed and considered nuisances injurious to health, how and within what time the same shall be abated, and likewise to declare by ordinances whatever may be, by the said Board of Health, deemed necessary for the preservation of the public health, and for the prevention of the generation and introduction of infectious and contagious diseases, and fix penalties for the violation of the same. The ordinances of said board, now of force, shall have the force and effect of law until the same shall be amended or repealed by said board. The Recorder's Court of Augusta shall have jurisdiction to try all persons charged with the violation of any ordinance of said board, and the fines arising therefrom shall be paid into the treasury of said city. Additional powers. May declare by ordinance what shall be held nuisances, how same shall be abated, etc. Force of ordinances. Trial of offenders. Sec. IV. Be it further enacted , That the abatement of nuisances, the policing of premises, and the general inspection and enforcement or execution of the ordinances and quarantine regulations of said board shall be done through the municipal authorities, the Board of Health simply declaring what are nuisances, the time when and the manner in which said acts shall be done. The appointing power of all officers or employes executing the orders of the Board of Health resting with the City Council, who shall fix their paythe Board of Health, nevertheless, determining the number to be selected; and the Mayor shall remove from office any of said officers or employes who shall be declared incompetent by the Board of Health. Enforcement of regulations of Board. Appointment of officers and employes of Boards. Sec. V. Be it further enacted , That the said Board of Health shall have control of the drainage and sewerage of said city, but no extended system of drainage or sewerage, requiring expenditures of money from the city treasury beyond the appropriation made for said board by council, shall be undertaken until the same shall have been submitted to, and received the sanction and approval of, the City Council. When the said board and council shall have agreed upon a plan or system of drainage or sewerage, in the manner aforesaid, it shall be the duty of the municipal authorities to have said plans executed, and provide for the expenses of the same. Powers of Board as to drainage and sewerage. Sanction of Council. Sec. VI. Be it further enacted , That said Board of Health shall have full power and authority to inaugurate any system of drainage and sewerage that they may from time to time deem necessary for the improvement of the sanitary condition of Augusta; but before putting the same into operation it shall receive

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the approval and sanction of the City Council, and they are further authorized and empowered, in order to perfect any system of drainage and sewerage determined upon, as aforesaid, to construct a canal, or canals, drain, or drains, from said city to the Savannah river, or such other stream or streams as said board, in the exercise of a sound discretion, may determine, for the purpose of emptying said drain or drains. All claims for right-of-way or for damage, or damages flowing to any person, natural or artificial, from the construction of said system or systems of drainage or sewerage, or from the outlet or outlets thereto, shall be against the City Council of Augusta, who are hereby charged with providing the ways and means for constructing the same. Farther powers of Board as to drainage and sewerage. May construct canals or drains. Right-of-way for same. Sec. VII. Be it further enacted , That the damages, if any, sustained by the owner or owners of land or other property, by reason of the construction of the system of drainage or sewerage, or the outlet or outlets to the same, shall be ascertained and assessed by three appraisers, one of whom shall be nominated by said owner or owners, one by the Mayor of said city, and the other by the Ordinary of the county of Richmond, whose award, or that of a majority of them, certified in writing, under their hands and seals, in duplicate, one for each of the parties in interest, the said City Council of Augusta, and the owner or owners of said land, or other property, shall be recorded in the office of the Clerk of the Superior Court of said county. The appraisers appointed for the purposes aforesaid, shall, in all cases, in making up their award, consider the benefits from the construction of said system or systems of drainage or sewerage, or the outlet or outlets thereto, accruing to the owner or owners of such land, or other property, and set off such benefits against such damages; but in no event giving an award against such owner for the excess of benefits over damages. In case either party shall be dissatisfied with said award, he, she, or they may, within ten days after the recording of the same, enter an appeal to the Superior Court of said county, as in other cases of appeal, when the question of damages shall be determined by a jury; but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment, upon which the Clerk of the Superior Court of said county shall issue execution. Damages sustained by property owners. Appraisers. Appeal. Sec. VIII. Be it further enacted , That the construction of said system or systems of drainage and sewerage, and the outlet or outlets thereto, by the City Council of Augusta, shall not be interfered with by any court pending the action of said appraisers, or pending the appeal from their award. Construction of system not to be interfered with by any court. Sec. IX. Be it further enacted , That the small pox hospital (or other temporary hospital for infectious or contagious diseases) shall, alone, be under the management of said Board of Health. The Board of Health shall examine all public institutions within

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the city of Augusta, and compel such sanitary regulations therein as they may deem necessary. Duties of Board as to small-pox, inspection, etc. Sec. X. Be it further enacted , That the necessary expenses of said Board of Health shall form a legitimate item in the administration of the city government, to be met, as in the case of other expenditures, by such appropriations of money as the City Council, in the exercise of a sound economy, may deem proper. Expenses of Board. Sec. XI. Be it further enacted , That the said Board of Health shall make, annually, to the City Council of Augusta, at the last monthly session of said body, a full report of its acts, particularizing its expenditures, and making such recommendations touching the public health and welfare as, in their judgment, may seem fit and proper; and shall also make such other reports on the same subjects, from time to time, as the said City Council may require. Reports of Board. Sec. XII. Be it further enacted , That the said Board of Health shall hold at least one session in each month, and shall declare a vacancy in the board when any member, except the City Council members of said board, shall fail to attend three consecutive monthly meetings, without sufficient reason, and report such vacancy to the City Council of Augusta, to be filled as prescribed in section 1 of this Act, the person thus appointed holding for the remainder of the unexpired term; and said board shall be further empowered to pass such by-laws and regulations as may be necessary to secure the efficiency of the organization. Sessions of Board. Vacancy for failure to attend. By-laws. Sec. XIII. Be it further enacted by the authority aforesaid , That five members of said Board of Health shall constitute a quorum for the transaction of business (except in times of epidemic visitation, when two members shall have power to act); a record of their proceedings, open to the City Council, shall be carefully kept and filed among the archives of the city government. Quorum of Board. Records of Board. Sec. XIV. Be it further enacted , That the said board shall have power and authority to elect a secretary, who shall hold his office for the term of four years, and perform such duties as the board may prescribe. Secretary of Board. Sec. XV. Be it further enacted , That the City Council of Augusta shall have the power and authority to provide and fix such pay and compensation of the members and officers of said board, and those serving under the board, as they may deem just and proper. Compensation of Board and its officers. Sec. XVI. Be it further enacted by the authority aforesaid , That said Board of Health shall have the power to declare what are infected ports, or places, on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all of their subsequent acts. Quarantine powers. Sec. XVII. Be it further enacted by the authority aforesaid , That said board is further authorized and empowered to establish quarantine stations, at such convenient distances as it may think

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best for said city, not exceeding forty (40) miles, and to forbid all persons from coming from infected or contagious ports, or places, nearer to said city than said established stations; said board is also empowered to establich such regulations as to the transportation of all freights, of every kind or character whatsoever, coming into, or passing through, said city, as it may think best calculated to carry out the objects of its creation; and, also, like power to require the ventilation, disinfecting, cleaning, and other precautionary measures, in reference to all cars, engines, boats and vehicles coming into, or passing through, said city. Publication of said rules shall be considered sufficient notice, and any person, or persons offending against such regulations, shall be guilty of a misdemeanor, and be punished as prescribed in section 4310, of the Code of Georgia; and, in addition to said penalty, any corporation offending against such regulations, shall be subject to a fine, not exceeding five thousand dollars ($5,000), to be recovered in any court of competent jurisdiction. Quarantine stations. Transportation of freight. Other precautions. Notice to offenders. Penalty. Sec. XVIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this Act be, and are hereby, repealed. Approved December 8th, 1880. AMENDATORY OF ACT CREATING POLICE COMMISSIONERS FOR CITY OF AUGUSTA. No. 204. An Act to amend an Act to create a Board of Police Commissioners for the City of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26th, 1879, by extending the terms of office of the present incumbents by changing the mode of electing the members of said board, and by making the Mayor of the city of Augusta an ex-officio member of said board, and for other purposes. 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 present members of the Board of Police Commissioners for the city of Augusta, to-wit: John W. Clark, M. A. Stovall, W. H. Barrett, Frank Ford, and Eugene J. O'Connor, continue in office, respectively, for one, two, three, four and five years from and after the first day of January, 1882; that is to say, the term of office of the said John W. Clark shall expire on the first day of January, 1883; that of M. A. Stovall on the first day of January,

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1884: that of W. H. Barrett on the first day of January, 1885; that of Frank Ford on the first day of January, 1886; and that of Eugene J. O'Connor on the first day of January, 1887. Present Board continued in office. Terms. Sec. II. Be it further enacted by the authority aforesaid , That the third sentence in the first section of the said Act, beginning with the words, Their successors, and ending with the words, municipal government, be stricken therefrom, and the following words substituted therefor, to-wit: The successors of the said commissioners shall be elected in the manner following, to-wit: On the last Wednesday in December, 1882, the Board of Commissioners shall elect, viva voce , a citizen of Augusta, qualified as hereafter stated, to serve as a member of the board for the term of five years, commencing January 1st, 1883; and annually thereafter, on the last Wednesday in December, it shall be the duty of said board to elect, in the manner mentioned, one member of the said board for the term of five years, commencing on the first day of January next following his election; and in no such election shall the member whose term of office is then about to expire be eligible as a candidate, nor shall any one be eligible to member ship on said board who is not a citizen of Augusta, and who has not resided in said city for one year preceding his election, nor shall any person be eligible as a member of said board who, at the time of his election, holds any office of profit or trust under the national, State, county or municipal government. Election of their successors. Qualifications for membership of Board. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of the said board, on or before the first Monday in each year, to determine the number of officers and privates that shall serve on the police force for the city of Augusta during the year ensuing, and also to employ, from time to time, and as often as in their judgment the public interest may require, one or two detectives, whose compensation shall be fixed and paid in the manner now provided by law for the payment of the members of said police force. Duty and authority of Board as to number of police. Detectives. Sec. IV. Be it further enacted by the authority aforesaid , That when any person, resident in the city of Augusta, shall be required to attend as a witness the trial of any officer, or officers, private, or privates of the police force, before the said board, it shall be the duty of the secretary of the board, upon application, to issue a summons directed to such person, stating the case and the time appointed for the trial; such summons may be served personally on the witness by any member of the said Board of Commissioners or of the police force, at least one day before the trial of the case, and if any witness thus summoned shall fail to appear, he may be attached by the Commissioners for contempt. The attachment shall be directed to the Chief of Police, or any officer of the police force of Augusta, and made returnable before the said board at some time stated, and the said board may

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punish said witness by a fine, not exceeding fifty dollars, unless he show good cause for his failure to obey the summons, and in the event of his refusal or failure to pay the fine imposed, the said board may imprison said witness in the common jail of the county until said fine be paid, the term of imprisonment to last in no case longer than five days. Trial of policemen. Summons of witnesses. Failure to appear. Penalty. Sec. V. Be it further enacted by the authority aforesaid , That the Mayor of the city of Augusta shall be ex-officio a member of the said board, entitled to and invested with all of the privileges and powers incident to membership, except the right to vote in the determination of the number of officers or men to serve on the force, in the selection of the same, or upon the question of discharging or suspending any delinquent from the said force; but he shall not be eligible to the presidency or chairmanship of the said board. Mayor ex-officio a member of Board. But without right to vote in selection of police. Not eligible to Presidency of Board. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 14th, 1881. AMENDATORY OF ACT REGULATING TERM OF MAYOR OF AUGUSTA. No. 220. An Act to amend an Act to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes, approved February 23rd, 1876, by striking from the second section of said Act the words following, to-wit: That no person, except one elected to fill an unexpired term, shall be eligible to re-election to said office, until after the expiration of one term, or the lapse of three years. 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 Act entitled An Act to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes, approved February 23rd, 1876, be amended by striking from the second section thereof the words following, to-wit: That no person, except one elected to fill an unexpired term, shall be eligible to re-election to said office, until after the expiration of one term, or the lapse of three years. Mayor of Augusta may be re-elected without intervening term. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 16th, 1881.

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CHARTER OF CAMILLA AMENDED. No. 25. An Act to amend the charter of the town of Camilla, so as to change the time of holding the municipal election from the second Saturday in January, to the second Tuesday of same month. Section I. Be it enacted by the General Assembly of the State of Georgia , That, on and after the passage of this Act, the Act incorporating the town of Camilla, assented to December 14th, 1858, be amended by striking out the words, second Saturday, in the second section of said Act, inserting instead the words, second Tuesday, so that the time of holding the municipal election for said town will be on the second Tuesday of every January, instead of the second Saturday. Municipal election to be held on second Tuesday in January. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. CHARTER OF CAMILLA AMENDED. No. 417. An Act to amend an Act to incorporate the town of Camilla, assented to December 14th, 1858, so as to authorize Councilmen of said town to pass all laws and ordinances for the purpose of protecting said town against damage by fire, as they may deem necessary, and declare any portion of said town fire districts. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the City Council of the town of Camilla shall be authorized and empowered, and it is made their duty, to pass all laws and ordinances that they may deem necessary for the protection of said town against damage by fire, and to that end, establish fire districts, and from time to time, enlarge or diminish the same as they may deem proper and necessary. Power given City Council to provide for protection of town from fire, to establish fire districts, etc. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict this Act are hereby repealed. Approved September 29th, 1881.

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CHARTER OF CONYERS AMENDED. No. 102. An Act to change the several Acts incorporating the town of Conyers, Georgia, to that of a city corporation, with Mayor and Aldermen, with certain powers therein enumerated, and for other purposes. Section I. The General Assembly of the State of Georgia hereby enacts , That, from and after the passage of this Act, the Act of February 16th, 1854, incorporating the town of Conyers; and the Act of December 22d, 1857, re-enacting and declaring in force all laws relating to the incorporation of said town; and the Act of October 26th, 1870, amending the said Act of December 22d, 1857, shall be, and the same are hereby, so amended that the name and style of said corporation shall be The City of Conyers; and there shall be elected, as hereinafter prescribed, an officer who shall be known and styled as Mayor, whose term of office shall be one year. Name of corporation changed to City of Conyers. A Mayor to be elected. Sec. II. And it is further enacted , That there shall be elected, in said town, as hereinafter prescribed, six Aldermen of said city, whose term of office shall be one year. Aldermen to be elected. Sec. III. And it is further enacted , That the officers provided for in the foregoing sections of this Act, shall be elected on the first Saturday in December, 1882, and annually thereafter on the first Saturday in December, by the qualified voters within the corporate limits of said city. Elections for municipal officers. Sec. IV. And it is further enacted , That all persons voting at the elections provided for in this Act shall have the following qualifications, viz: They must be male citizens of the United States, twenty-one years of age, who shall have resided in said city six months next preceding the election at which they offer, and they must register their names, as voters, under such rules and regulations as may be prescribed by the said Mayor and Aldermen. Qualifications of voters. Voters must register. Sec. V. And it is further enacted , That the Mayor shall be the chief executive officer of said city, and shall be empowered to try all persons violating any of the by-laws or ordinances of said city, and that he shall be ex-officio a Justice of the Peace so far as to be empowered to commit to jail or admit to bail persons charged with violating the criminal laws of this State, in the same manner and under the same rules prescribed by law for Justices of the Peace; and said Mayor shall preside over all meetings of the Aldermen of said city. Powers and duty of Mayor. Sec. VI. And it is further enacted , That the duties of the Aldermen provided for in this Act, shall be the same as provided for

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in section 786 of the Code of 1873, except such as may be in conflict with this Act. Duties of Aldermen. Sec. VII. And it is further enacted , That said Mayor and Aldermen shall have power to pass any and all by-laws, ordinances, rules and regulations for the government of said city, as to them may seem proper, and as may not be contrary to the laws of this State or the United States, and the said Mayor and Aldermen may also provide for a city chain-gang, to be governed by such rules as the said Mayor and Aldermen may prescribe. Powers of Council. City chaingang. Sec. VIII. And it is further enacted , That the salary of said Mayor shall be such as may be fixed by the by-laws of said city. Salary of Mayor. Sec. IX. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved August 24th, 1881. CORRECTION OF AN ERROR OF DATE IN CHARTER OF CONYERS. No. 413. An Act to correct an error in a date occurring in an Act, approved August 24th, 1881, during the present session of the General Assembly, entitled An Act to change the several Acts incorporating the town of Conyers, Georgia, to that of a city corporatior., with Mayor and Aldermen, with certain powers therein enumerated, and for other purposes. Whereas, an error has occurred in the third section of the above entitled Act, whereby the year 1882 was written instead of 1881: Preamble. Section I. The General Assembly of the State of Georgia does hereby enact , That the third section of the said Act be, and the same is hereby, amended, by substituting the first Saturday in December, 1881, for the first Saturday in December, 1882, as the time prescribed in the said third section for the first election for Mayor and Aldermen under the said Act. First election of Mayor etc., fixed for first Saturday in December 1881, instead of in 1882. Sec. II. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved September 29th, 1881.

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CHARTER OF GRIFFIN AMENDED. No. 5. An Act to amend the charter of the city of Griffin, so as to authorize the establishment of a City Court in said city, to define the jurisdiction of the same, and for other purposes. 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 charter of the city of Griffin be so amended as to authorize the establishment of a court in said city, to be known as the City Court of Griffin. The Judge of said court shall hold his office for the term of two years and until his successor is elected and qualified, and shall be elected by ballot by the Mayor and Council of said city at the last meeting in November, 1880, or as soon thereafter as practicable, and at the same meeting biennially thereafter. The Judge shall be commissioned by the Governor, on proof of his election under the hand of the Clerk of Council and seal of the city of Griffin. Establishment of City Court authorized. Term of Judge. Election of Judge. Commission of Judge to be from Governor. Sec. II. Be it further enacted , That the Judge of said court shall be an attorney at law, of good standing, in actual practice, and shall receive for his services an annual salary of three hundred dollars, which shall not be increased or diminished during his term of office, which salary shall be paid monthly out of the city treasury. Before entering on the duties of his office, said Judge shall take and subscribe an oath faithfully and impartially to discharge said duties to the best of his skill and ability, agreeably to the ordinances of said city, the laws and constitution of this State, and the constitution of the United States, and to support said constitution, which shall be filed in the Executive Department. Qualifications of Judge. Salary. Oath of Judge. Sec. III. Be it further enacted , That the Clerk of the Mayor and Council of said city shall be ex-officio Clerk of said court, and shall perform such duties, and receive such fees and compensation as the Mayor and Council may direct. The marshal and policemen of said city shall be officers of said court, and shall execute all process issuing therefrom. Clerk of the Court. Duties and fees. Sec. IV. Be it further enacted , That said City Court shall have exclusive jurisdiction of all violations of the ordinances of the city of Griffin, and all the duties and powers conferred upon the Mayor as Police Judge or upon the Police Court of said city, by the charter and ordinances of said city, are hereby vested exclusively in, and delegated to, said City Court. In case of the sickness, absence from the city, or disqualification of the City Judge,

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the Mayor of the city may preside in said court for the purpose stated in this section. Jurisdiction of the court. Sec. V. Be it further enacted , That it shall be the duty of said City Judge, without additional compensation, to act as City Attorney and counsel, for the Mayor and Council of said city, in all the courts of this State, except said City Court, and, as said attorney, he shall perform such other duties as the Mayor and Council may direct. City Judge must be also City Attorney. Sec. VI. Be it further enacted , That said City Judge shall have power to compel the attendance of witnesses, to issue any writ, notice, order or process, that may be necessary to dispose of the matter pertaining to his jurisdiction, to establish rules of practice in said court, not inconsistent with the ordinances of the city, or the laws of the State, to punish for contempt by fine not exceeding one hundred dollars, and imprisonment not exceeding twenty days. Said City Judge shall have all the powers of a Justice of Peace of this State, as to issuing warrants for criminal offenses, making preliminary examinations under warrants, and committing or binding over the accused to the proper court. Said jurisdiction shall extend to the county of Spalding. Power and authority of Judge. Sec. VII. Be it further enacted , That said City Court shall have jurisdiction for the trial of the following cases: Offenses against the criminal laws of this State, when the offenses are committed within the limits of said city; simple larceny and larceny from the house, where the property does not exceed fifty dollars in value; assault and battery, vagrancy, riots, and carrying concealed weapons; and, upon conviction, the Judge of said court shall have jurisdiction to fine and imprison, as prescribed in section 4310 of the Code of this State. Jurisdiction of court farther defined. Sec. VIII. Be it further enacted , That all offenses named in the foregoing section shall be tried before said Judge upon written accusation founded upon affidavit. Said affidavit shall be signed by the prosecutor, and shall distinctly set forth the nature of the offense, the time of the same, and by whom committed. Method of accusation and trial. Sec. IX. Be it further enacted , That there shall be no trial by jury in said court, but in all cases of offenses against the laws of this State, where the accused shall demand a jury, it shall be the duty of said Judge to send the accused for trial before some other court having jurisdiction of the offense charged, where such trial may be had, or to bind the offender over for trial before said court. Where jury trial is demanded accused to be sent to some other court. Sec. X. Be it further enacted , That in all criminal cases the right of certiorari and all proceedings thereon shall be as in sections 301, 302, 303 and 309 of the Code of this State. Right of certiorari. Sec. XI. Be it further enacted , That it shall be the duty of the Judge of said court to have indorsed upon the written accusation the following words: Indictment by the grand jury and trial by

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jury waived, which indorsement shall be signed by the accused or his counsel, and in the event the accused shall refuse to make such waiver, it shall be the duty of the Judge to proceed to hear evidence as in courts of commitment. Waiver of indictment and trial by jury. Sec. XII. Be it further enacted , That all fines collected shall be paid over to the treasury of said city, to be used and appropriated as the Mayor and Council may direct, and in the payment of such fees to the Clerk of said court in criminal cases as the Mayor and Council may direct. Fines to be paid into City Treasury. Sec. XIII. Be it further enacted , That all the laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 3d, 1880. CHARTER OF GRIFFIN AMENDED. No. 67. An Act to amend the charter of the city of Griffin so as to authorize the Mayor and Council to establish a system of Public Schools, and to provide revenue for the support of the same, and for other purposes. 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 Nicholas B. Drewry, John C. King, Samuel W. Mangham, Thomas S. McKee, Charles R. Johnson, Thomas Nall, James M. Brawner, John F. Stillwell, Hugo W. Hasselkus, Gilman J. Drake, together with the Mayor and two members of Council, while in office, be, and they are hereby, constituted a Board of Education for a system of public schools in the city of Griffin, whose design and purpose shall be the establishment, management and superintendence of the public education of the children of the city of Griffin. Said board shall have perpetual succession, with power to fill all vacancies that may occur by death, removal, resignation, or otherwise, in its membership. Said board is hereby invested with full power and authority to establish and modify, from time to time, a plan and system of public education for the children of said city, and to superintend and direct the same; to appoint, suspend, and remove teachers, and to prescribe their duties; to prescribe and regulate the course of instruction in said schools; to rent or purchase real estate, school-houses, furniture and apparatus for school purposes, and hold the title to the same; to receive and appropriate all donations that may be made for school purposes; to impose upon each student a matriculation or entrance fee not exceeding three

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dollars a term, as they may deem necessary; to make such by-laws, rules and regulations for their own government and the government of teachers and pupils as may be deemed necessary, not contrary to the laws of this State; to prescribe what shall constitute a quorum of said board. Said board shall have power, for non-attendance, or other sufficient cause, to declare by a two-thirds vote the place of any member of the board vacant, and to fill the same. Board of Education established. Purpose of Board. Powers of Board. Sec. II. And be it further enacted , That the officers of said board shall consist of a president, vice-president, secretary, and the treasurer of the city of Griffin shall be the treasurer ex-officio of the said board; said officers, except the treasurer, shall be elected at such times, and for such such terms, as the board may direct. The secretary shall keep regular minutes of the proceedings of the board; the board shall make an annual report to the Mayor and Council of said city, showing the condition and requirements of said schools, the number of teachers employed, the number of pupils in attendance, the amount received and expended, together with an estimate required for the ensuing year. Officers of Board. Election and terms. Minutes of Board. Sec. III. And be it further enacted , That said board, so long as public schools are maintained in the city of Griffin, shall be entitled to receive of the State authorities their pro rata share of the public school fund, of the State coming to the county of Spalding, to be expended in maintaining a public school system in said city, and it shall be the duty of the officer, or officers of the State, having the apportionment and disbursement of said fund, to pay such pro rata share to the treasurer of said board. Board entitled to receive pro rata of public school fund. Sec. IV. Be it further enacted , That said Board of Education shall be entitled to have and receive, and expend such sums of money from the Mayor and Council of Griffin as may be raised by taxation as hereinafter mentioned. Also such sums as may be raised by taxation. Sec. V. Be it further enacted , That it shall be the duty of the Mayor and Council of the city of Griffin to levy, collect, and appropriate for the support and maintenance of said public schools, a tax not exceeding one quarter of one per cent. upon the dollar upon all real and personal property of every description, held or owned in the city of Griffin. It shall be the duty of the treasurer of said city to collect said tax when so levied, and to keep a separate account of the same. Duty of Council to levy a tax. Not more than of one per cent. Treasurer must collect the tax. Sec. VI. Be it further enacted , That said taxes shall be collected by levy and sale as provided by the charter and ordinances of said city, and that no one shall have the benefit of said schools who fail or refuse to pay all taxes assessed against them by said city. Taxes to be collected by levy and sale. Sec. VII. The General Assembly of the State of Georgia do enact , That there shall be an election held at the city hall in the city of Griffin, on the first Wednesday in September, 1881, which

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election shall be held and conducted, and returns thereof made, in the same manner as elections are held for Mayor and Aldermen. All persons voting at said election shall have printed or written on their ballots the words, For Public Schools, or the words, Against Public Schools, and if it should appear to the Mayor and Aldermen that two-thirds of the qualified voters residing in the city of Griffin have voted For Public Schools, then, in that event, said Mayor and Aldermen are hereby authorized to establish a system of public schools in and for said city, as herein-before prescribed. Election to be held to determine whether the public school system as herein provided shall be adopted. Sec. VIII. Be it further enacted , That all Acts and parts of Acts in conflict with this Act be, and the same are hereby, repealed. Approved August 8th, 1881. CHARTER OF MACON AMENDED. No. 24. An Act to amend the charter of the city of Macon so as to include in the corporate limits of said city four acres of land, more or less, having improvements thereon, adjoining the present boundary limits of said city, and known as part of the Holdridge place, now occupied by R. N. Rockhill, and for other purposes. 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 the city of Macon be, and the same are hereby, so extended as to include within the same the four acres of land, more or less, known as part of the Holdridge place, now occupied by R. N. Rockhill, said four acres lying along a part of the northwestern boundary of said city, and separated by a thirty feet alley from No. 8, in the northwestern corner of said city. The boundary line of the part hereby annexed to said city to be as follows: Commencing at the corner of the alley on the northwestern boundary of the city, and the road leading to the old brewery, and running along said Brewery road N. 56 W. 134 feet, thence at right angles to said last line 134 feet to the city boundary. Corporate limits extended. So as to include four acres known as Holdridge place. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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CHARTER OF MACON AMENDED. No. 152. An Act to alter and amend an Act entitled An Act to amend an Act entitled an Act to alter and amend the several Acts incorporating the city of Macon, approved December 27th, 1847, and the several Acts amendatory thereto, approved December 11th, 1871, to provide for the election of the Clerk and the Treasurer of said city, by the Mayor and Aldermen thereof, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section one of the above recited Act be amended by striking out the words, and a Clerk and Treasurer, in the fifth line of said section. Act of December 11th, 1871, amended. Sec. II. That section six of said Act be amended by inserting in the second line thereof, after the words Marshal of said city, and before the word shall, the words, and a Clerk and a Treasurer; and by inserting after the words, Chief of Police, and before the word shall, in the fourth line of said section, the words, Clerk and Treasurer; and by striking out the word he, after the word and, in the fifth line of said section, and inserting in lieu thereof the words, the Chief of Police; and by striking out the word he, at the end of the eighth line of said section, and inserting in lieu thereof the words, said Chief of Police, Clerk and Treasurer, so that said section, as amended shall read as follows: That a Chief of Police, who shall be ex-officio Marshal of said city, and a Clerk and a Treasurer shall be elected by the said Mayor and Aldermen at their first meeting after their election, or within two weeks thereafter. The term of office of said Chief of Police, Clerk and Treasurer shall be the same as that for which the Mayor and Aldermen are elected, and the Chief of Police shall give a bond, with two or more good securities, in the sum of fifteen thousand dollars ($15,000.00,) for the faithful performance of his duties as Chief of Police and Marshal of the city of Macon. Said Chief of Police, Clerk, and Treasurer may be dismissed at any time by the vote of two-thirds of the members of the Council, for malpractice in office, neglect of duty, drunkenness, or other improper conduct, to be judged of by the Council, and in this event a successor shall be elected to fill the unexpired term. In case of the resignation, removal, death, or disability of the Chief of Police, the police officer of said city next in rank shall perform the duties of said office until the removal of such disability, or until a successor shall have been elected to fill the unexpired term. Chief of Police, Clerk, and Treasurer, to be elected by Mayor and Aldermen. At first meeting after their election. Term of office. Dismissal of said officers from office.

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Sec. III. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Repealing clause. Approved September 12th, 1881. RELATING TO BONDED DEBT OF MACON. No. 175. An Act to amend an Act entitled An Act to authorize the issue of interest bearing bonds by the Mayor and Council of the city of Macon, for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon herein specified, to provide for the sale and exchange of said bonds, through a commission, to redeem and pay off said bonded and floating debt, to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes, approved August 15th, 1879, so as to authorize the use of the bonds therein provided for in refunding such of the coupons, or interest warrants, of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same, to define the duty of the commissioners of the bonded debt of the city of Macon, and for other purposes. Section I. The General Assembly of Georgia do enact , That section 3 of the above recited Act be, and the same is hereby, amended by inserting after the word Macon, and before the word and, in the third line thereof, the following, to-wit: And such of the coupons, or interest warrants, of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same, so that said section, as amended, will read as follows, viz: The said bonds herein authorized to be issued shall be used exclusively for refunding the principal of the present bonded debt of the city of Macon, and such of the coupons, or interest warrants, of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same, and for funding that part of the principal of the floating debt of the city of Macon existing prior to the fifth day of December, eighteen hundred and seventy-seven. Uses of bonds issued under Act of August 15th 1879 extended. Sec. II. That section ten, of said above recited Act be, and the same is hereby, amended by inserting after the word authorized, and before the word to exchange, in the fifth line thereof, the

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words following, to-wit: and it shall be their duty, and by inserting after the word matured and before the word said in the eighth line of said section the following, to-wit: and for such of the coupons, or interest warrants, of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same, and by inserting after the word bonds and before the word heretofore, in the eighth line of said section, the following, to-wit: and coupons, so that said section ten, as amended, shall read as follows, viz: Sa i d bonds, when executed as herein provided, shall be delivered by the Mayor of the city of Macon, to the said Board of Commissioners. The said commissioners shall dispose of said bonds, or so much thereof as may be necessary, in the following manner: They are hereby authorized and it shall be their duty to exchange at par the said bonds for the principal of any other bonds heretofore issued by the Mayor and Council of the city of Macon, whether the same be due or not matured, and for such of the coupons, or interest warrants of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same. Said bonds and coupons heretofore issued by the Mayor and Council of the city of Macon, and thus received by said commissioners in exchange for bonds herein authorized to be issued, and said bonds heretofore issued, which may be purchased by said commissioners, shall be cancelled by said commissioners and delivered to the Mayor and Council. The said commissioners are further authorized to issue said bonds at par in settlement of the floating debt of the city of Macon existing prior to the fifth day of December, 1877, to the holders of said debts, provided said debts shall be first approved by the Mayor and Council of the city of Macon. The said commissioners shall be further authorized to sell said new bonds, and to purchase with the proceeds of said sale old bonds of the city, in their discretion, as they may deem most for the interest of the city: Provided , that in no event shall the principal of the bonded debt of the city of Macon be increased by such sale and purchase. Any and all profits which may arise out of the sale of any of the new six per cent. bonds, and the purchase of the old seven per cent. bonds, shall first be applied to such adjustment of the claims of parties who may hold past-due bonds of the city of Macon as may be regarded by the commission as just and equitable, and any balance which may remain shall be added to the sinking fund. Duties of Commissioners of Bonded Debt defined. Act of August 15th, 1879, amended. Sec. III. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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WATER SUPPLY FOR CITY OF MACON. No. 206. An Act to authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company for supplying the city of Macon with water for five years, with the power of renewal for five years; whether the debt of said city shall be increased therefor, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the Mayor and Council of the city of Macon be, and they are hereby, authorized to submit to the qualified voters of said city, at an election to be held for that purpose, at such time as may be fixed by said Mayor and Council during the present year, the propriety of making a contract with the Macon Gas Light and Water Company of said city, to furnish said city with water for fire and other purposes, for the space of five years, with the privilege of renewing such contract at the end of the time for five years more, and to submit to said voters also the question of increasing the debt of the city by the execution of the contract aforesaid. The said Mayor and Council shall have full authority to prescribe the manner of holding said election, to fix the time therefor, within the present year, and to provide for the same. Mayor and Council may submit to vote, questions of contract for water supply of city. Also the question of increasing the debt of the city by said contract. Sec. II. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 14th, 1881. BOARD OF HEALTH CREATED FOR MACON. No. 228. An Act to amend the charter of the city of Macon, in the county of Bibb, by enlarging and extending the power and authority of the Mayor and Council of said city over the health thereof, to authorize the Mayor and Council thereof to create a Board of Health for said city, and to confer upon such board additional authority in the sanitary regulation of said city, and for other purposes. 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 Mayor and Council of the city of Macon shall, after the passage

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of this Act, create a Board of Health for said city, the members of said Board to be appointed by the Mayor and confirmed by the Council in session, and to consist of eight good and discreet citizens, two to be residents of each ward, and one physician, who shall be chairman of said board. The Mayor and chairman of the Committee on Cemeteries, for the time being, shall be ex-officio members of said board. The said physician shall be appointed for the term of four years; the eight citizens shall be appointed for one, two, three and four years each, and the successors to those thus appointed shall be for the full term of four years each, and shall hold until their successors are appointed and qualified. Board of Health. To be appointed by Mayor and confirmed by Council. Number and qualifications of Board. Term. Sec. II. Be it further enacted , That said board shall have full power to institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine (personal or otherwise), penalties for the violation of which shall be as fixed by this Act, or by ordinances of said Board of Health. Powers of Board as to sanitary measures. As to quarantine. Sec. III. Be it further enacted , That the said Board of Health shall have full power and authority to declare by ordinances what acts and things shall be deemed and considered nuisances injurious to health, how and within what time the same shall be abated, and likewise to declare by ordinances whatever may be by the said Board of Health deemed necessary for the preservation of the public health, and for the prevention of the generation and introduction of infectious and contagious diseases, and fix penalties for the violation of the same. The ordinances of said board now in force shall have the force and effect of law until the same shall be amended or repealed by said board. The Recorder's, or if there be no Recorder's, the Mayor's Court of Macon, shall have jurisdiction to try all persons charged with the violation of any ordinance of said board, and the fines arising therefrom shall be paid into the treasury of said city. May declare what shall be considered a nuisance. Ordinances as to public health. Violations of ordinances. Sec. IV. Be it further enacted , That the abatement of nuisances, the policing of premises, and general inspection and enforcement or execution of the ordinances and quarantine regulations of said Board shall be done through the municipal authorities, the Board of Health simply declaring what are nuisances, and the time when, and the manner in which the acts required shall be done. The appointing power of all officers and employes executing the orders of the Board of Health shall be vested with the Mayor and Aldermen, who shall fix their pay; the Board of Health, nevertheless, determining the number to be selected; and the Mayor shall remove from office any of said officers

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or employes who shall be declared incompetent by the Board of Health. Regulations of Board to be enforced by municipal authorities. Appointment of officers and employes to be made by Mayor and Aldermen. Sec. V. Be it further enacted , That the said Board of Health shall have control of sinks and water closets, together with the drainage and sewerage of said city, but no extended system of drainage or sewerage, requiring expenditures of money from the city treasury, beyond the appropriation made for said board by Council, shall be undertaken until the same shall have been submitted to and received the sanction and approval of the Mayor and Council. When the said board and Council shall have agreed upon a plan or system of drainage or sewerage, in the manner aforesaid, it shall be the duty of the municipal authorities to have said plans executed, and provide for the expenses of the same. Drainage and sewerage under control of Board. Extended system of drainage and sewerage must have sanction of Mayor and Council. Sec. VI. Be it further enacted , That said Board of Health shall have full power and authority to inaugurate any system of drainage and sewerage that they may from time to time deem necessary for the improvement of the sanitary condition of Macon; but before putting the same into operation, it shall receive the approval and sanction of the Mayor and Council; and they are further authorized and empowered, in order to perfect any system of drainage and sewerage determined upon as aforesaid, to construct a canal or canals, drain or drains, from said city to the Ocmulgee river, or such other steam or streams as said Board, in the exercise of a sound discretion, may determine, for the purpose of emptying said drain or drains. All claims for right-of-way, or for damage or damages, flowing to any person, natural or artificial, from the construction of said system or systems of drainage or sewerage, or from the outlet or outlets thereto, shall be against the Mayor and Council of Macon, who are hereby charged with providing the ways and means for constructing the same. Farther powers as to drainage and sewerage. May construct canals and drains. Claims for right-of-way or damages. Sec. VII. Be it further enacted , That the damages, if any, sustained by the owner or owners of land or other property, by reason of the construction of the system of drainage or sewerage, or the outlet or outlets to the same, herein provided for, shall be ascertained and assessed by three appraisers, one of whom shall be nominated by said owner or owners, one by the Mayor of said city, and these two shall select a third, whose award, or that of a majority of them, certified in writing, under their hands and seals in duplicate, one for each of the parties in interest, the said Mayor and Council of Macon, and the owner or owners of said land or other property, shall be recorded in the office of the Clerk of the Superior Court of Bibb county. The appraisers appointed for the purposes aforesaid, shall, in all cases, in making up their award, consider the benefits from the construction of said system or systems of drainage or sewerage, or the outlet or outlets thereto,

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accruing to the owner or owners of such land or other property, and set off such benefits against such damages; but in no event giving an award against such owner for the excess of benefits over damages. In case either party shall be dissatisfied with said award, he, she, or they may, within ten days after the recording of the same, enter an appeal to the Superior Court of said county, as in other cases of appeal, when the question of damages shall be determined by a jury; but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment, upon which the Clerk of the Superior Court of said county shall issue execution. How such damages shall be determined. Appeal. Sec. VIII. Be it further enacted , That the construction of said system or systems of drainage and sewerage, and the outlet or outlets thereto, by the Mayor and Council of the city of Macon, shall not be interfered with by any court pending the action of said appraisers, or pending the appeal from their award. Work shall not be interfered with pending appeals, etc. Sec IX. Be it further enacted , That the Small-Pox Hospital (or other temporary hospital for contagious and infectious diseases,) shall alone be under the management of the said Board of Health. The Board of Health shall examine all public institutions within the city of Macon, and compel such sanitary regulations therein as they may deem necessary. Duties of Board as to small pox hospital and inspections. Sec. X. Be it further enacted , That the necessary expenses of said Board of Health shall form a legitimate item in the administration of the city government, to be met as in the case of other expenditures, by such appropriations of money, as the City Council, in the exercise of a sound economy, deem proper. Expenses of Board to be paid by city. Sec. XI. Be it further enacted , That the said Board of Health, shall make annually, to the City Council of Macon, at the last meeting of said council in November, a full report of its acts, particularizing its expenditures and making such recommendations touching the public health and welfare, as they, in their judgment, may see fit and proper, and shall also make such other reports on the same subject, from time to time, as the said City Council may require. Report of Board of Health. Sec. XII. Be it further enacted , That the said Board of Health shall hold at least two sessions in each month during the time from April to October, and after that they shall meet as often as the chairman may call them together, and shall declare a vacancy in the board when any member, except the City Council members of said board, shall fail to attend three consecutive meetings, without sufficient reason, and report such vacancy to the Mayor and Council of Macon, to be filled as prescribed in section 1 of this Act, the person thus appointed holding for the remainder of the unexpired term; and said board shall be further empowered to pass such by-laws and regulations as may be necessary to secure the efficiency of the organization. Sessions of Board. Vacancies.

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Sec. XIII. Be it further enacted by the authority aforesaid , That five members of said Board of Health shall constitute a quorum for the transaction of business (except in times of epidemic visitation, when three members shall have power to act); a record of their proceedings, open to the City Council, shall be carefully kept and filed among the archives of the city government. Quorum. Record. Sec. XIV. Be it further enacted , That the clerk of the Mayor and Council of the city of Macon, shall be ex officio Secretary of said Board of Health, and shall perform such duties as the said board may prescribe. His compensation for such duties shall be fixed by said board and paid out of the city treasury. Clerk of Council ex officio Secretary of Board. Salary. Sec. XV. Be it further enacted , That the Mayor and Council of Macon shall have the power and authority to provide and fix such pay and compensation of the members and officers of said board, and those serving under the board, with the exception of the Secretary aforesaid, as they may deem just and proper. Pay of members of Board. Sec. XVI. Be it further enacted by the authority aforesaid , That said Board of Health shall have the power to declare what are infected ports or places, on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts. May declare infected ports or places. Sec. XVII. Be it further enacted by the authority aforesaid , That said board is further authorized t establish such quarantine regulations as are prescribed by the general laws of this State on that subject. Power as to quarantine. Sec XVIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 16th, 1881. MAYOR AND COUNCIL OF MACON AUTHORIZED TO SUBMIT TO VOTE OF THE PEOPLE QUESTION OF THE PURCHASE OF CERTAIN PROPERTY. No. 423. An Act to authorize the Mayor and Council of the city of Macon to submit to the qualified voters of said city the question of purchasing the Holdridge property for a school-house for colored children, and whether the debt of said city city shall be increased twenty-five hundred dollars therefor, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the Mayor and Council of the city of Macon be, and

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they are hereby, authorized to submit to the qualified voters of said city at an election to be held for that purpose the propriety of purchasing the property known as the Holdridge property, over which the jurisdictional limits of the city were lately extended, to be used as a school-house for the colored children of said city, and also the question whether the debt of said city shall be increased in the sum of twenty-five hundred dollars by the purchase of said property. The said Mayor and Council shall fix the time of said election within the present year, and prescribe the manner and provide the means for holding the same. Mayor and Council may submit to voters the question of buying the Holdridge property for school purposes. Sec. II. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 29th, 1881. RECORDER'S COURT OF MACON ESTABLISHED. No. 435. An Act to amend the several Acts incorporating the city of Macon, in the county of Bibb; to abolish the Mayor's court of said city, and to create and establish in lieu thereof a Recorder's court for said city; to define the jurisdiction of said Court; to provide for the election of a City Recorder, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the Mayor's Court of the city of Macon be, and the same is hereby, abolished, and that a Recorder's Court for said city be created and established in lieu thereof. The jurisdiction of such Recorder's Court shall be the same as that now exercised by the Mayor's Court and Mayor of said city, under the charter and ordinances thereof, and shall have cognizance of all offenses against the by-laws and ordinances of said city, and may punish all violations of the same by a fine not to exceed two hundred dollars, imprisonment in the city barracks not to exceed thirty days, by compulsory labor on the public works in the chain-gang of Bibb county not to exceed sixty days, and any one or more of these punishments may be ordered, in the discretion of the Recorder. Said court shall also have power to enforce its judgments by attachment of the person, to punish witnesses for nonattendance, and to punish any person who shall advise, counsel, aid, encourage or persuade another, whose testimony is desired or material before said court, to go or move beyond the reach of the

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process of said court. Said court shall be presided over by the City Recorder, or as hereinafter provided, and shall be held daily, or as often as may be necessary to clear the city barracks. Mayor's Court established, and Recorder's Court established in lieu thereof. General powers. Recorder. Sessions. Sec. II. That the Recorder of said city shall have power to impose fines for the violation of any by-law or ordinance of the city of Macon, passed in accordance with its charter, to the amount of two hundred dollars, to imprison offenders in the city barracks for the space of thirty days, and at labor on the public works in the county chain-gang for the space of sixty days. The fines after being duly and regularly imposed by him shall be collected by execution to be issued out of said court against the estate of the offender, if any to be found; if none, the offender may be imprisoned in lieu thereof in the city barracks not exceeding ninety days. In all cases of the sale of property under execution, the same shall be duly advertised in the official gazette of the city in the manner prescribed for Sheriff's sales under the laws of this State. The Recorder shall also have the same powers as the Judges of the Superior Courts of this State as to contempts of officers and others by fine not to exceed two hundred dollars, and imprisonment in the city barracks not exceeding thirty days, either or both, in the discretion of the Recorder. He shall be to all intents and purposes, a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by any member of the police force of said city, and to commit to the jail of the county of Bibb, or to admit offenders to bail in bailable cases for their appearance at the next term thereof, before a court of competent jurisdiction, to be held in and for said county. In the absence, sickness or disqualification of the Recorder the Mayor, and in the absence, sickness, or disqualification of both the Recorder and Mayor, the Mayor pro tem. of said city shall be clothed with the powers of, and shall act in the stead of, the Recorder, and shall hold the Recorder's Court. Punishment which may be inflicted. Collection of fines. Contempt. A Justice of the Peace ex officio. When Recorder is absent, sick, or disqualified. Sec. III. That the right of certiorari from the decision and judgment of the Recorder shall exist in all criminal cases, and the certiorari shall be obtained under the sanction and order of the Judge of the Superior Court, upon a petition in writing to said Judge, which petition shall be presented within ten days after the rendition of the decision or judgment complained of, and not thereafter, and shall state the grounds of complaint, and shall be accompanied by a brief of the evidence had on the trial, and shall be duly sworn to. If, upon examination, the Judge shall consider the petition entitled to a writ of certiorari , it shall be his duty to cause one to be issued and served on the Recorder as required in other cases under the laws of this State, requiring him to certify and send up to the Superior Court a complete and accurate history of the case, which shall be his answer, and be subject to correction

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and traverse as provided in sections 4062 and 4066 of the Code of 1873, except that the Judge at chambers, or in term time, shall hear and determine such traverse, and the certiorari on which it is based, after ten days' notice to each party, and may then affirm or reverse the decision or judgment of the Recorder; Provided , that no writ shall be granted until the accused shall have paid all costs, and filed with his petition his affidavit setting forth that he has not had a fair trial, and that he has been wrongfully and illegally convicted, and shall give good and sufficient bond and security, payable to the Mayor and Council of the city of Macon, conditioned to answer the judgment of the Court, or shall make affidavit of his inability, from poverty, to pay costs and give bond. Right of certiorari. Sec. IV. That there shall be a City Recorder, who shall be elected by the Mayor and Aldermen of said city at their first meeting after entering upon the duties of their office, or within two weeks thereafter. The term of office of said Recorder shall be the same as that for which the Mayor and Aldermen are elected, unless sooner removed by the Mayor, upon charges preferred in writing, and on the recommendation of two-thirds of the Aldermen, for neglect of duty, or for conduct unbecoming his station, to be judged of by them, except the first Recorder appointed under this Act, whose term shall expire with the present Mayor and Council, and when his successor shall have been elected and qualified. He shall be a freeholder, and shall have been a resident of the city of Macon for one year, and shall have his office in said city. Before entering upon the discharge of his duties he shall take an oath before the Mayor, or some judicial authority of this State, truly, honestly, and faithfully to discharge the duties of his office to the best of his ability, without fear, favor or partiality. The City Recorder shall be paid a salary, to be fixed by the Mayor and Council of said city, who may, if they deem proper, make him ex officio City Attorney of the city of Macon. Election of Recorder. His term. Qualifications. Oath. Salary. Sec. V. That the Clerk of Council of said city shall be ex officio Clerk of said Recorder's Court, and shall sign and issue all processes, summons, attachments, and executions, which shall bear test in the name of the Recorder. The ministerial officers of said court shall be the Chief, Lieutenants, and Patrolmen of the police force of said city, either of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. The Chief, or one of the Lieutenants of Police, shall attend each session of said court for the purpose of executing all necessary orders. Clerk. Ministerial officers. Sec. VI. That the Mayor and Council of the city of Macon shall have full power and authority to pass any and all ordinances, rules, and regulations necessary and proper to carry into effect the

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powers herein, or by previous Act of the General Assembly, granted them. Rules and ordinances. Sec. VII. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. REGISTRATION OF VOTERS IN SAVANNAH. No. 410. An Act to provide for the registration of voters to vote at municipal elections in the city of Savannah, to fix, regulate and determine the time, place and manner in which such elections shall be held, to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof. Section I. The General Assembly of the State of Georgia hereby enacts , That the qualifications of voters at elections for Mayor and Aldermen of the city of Savannah shall be as prescribed in section 4831 of the appendix to the Code of 1873, except that the time of the residence of the voter within the corporate limits of said city shall be six months immediately preceding any such election. Qualifications of voters. Sec. II. The Judge of the Superior Court of Chatham county, the Judge of the City Court of Savannah, and the Ordinary of Chatham county, shall appoint three freeholders residing in each militia district in said city, who shall constitute a Board of Registration and Election Managers in said city. Such appointments shall be made not less than two months before each election for Mayor and Aldermen of said city, and no person shall be appointed to serve twice consecutively. Immediately upon their appointment the members of said board from each district shall prepare a suitable book, alphabetically arranged, in which to register the names of voters to vote at the impending election. Such books shall contain spaces in which to inscribe the name, age, place of nativity, and location of residence, describing the latter definitely by ward, street, number of house, if any, and cross street. The said managers from each district, or a majority of them, shall attend from nine o'clock, a. m., to two o'clock, p. m., for every day, except Sundays, for the two two weeks immediately preceding the election, at some convenient point in their district, of which notice for ten days shall be given in the official gazette of said

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city, with the books prepared for that district, so that all persons otherwise qualified may register in the districts in which they reside in order to vote at said election. All applications to register must be in person, and no person shall be registered until he has first personally answered all questions necessary to the proper filling up of the blanks in said books. Any member of said board may swear any applicant for registration touching his right to do so. Board of Registration. Appointment. Duties. Registration. Sec. III. And it is further enacted , That the said elections for Mayor and Aldermen of the said city of Savannah shall be held, as heretofore, at the court-house in said city, at the time prescribed by law for the same, and that it shall be the duty of the said district managers, or a majority of them, to attend at said court-house at the time appointed for the election, with the books aforesaid, and there shall be four ballot-boxes, one for each of the said districts, so arranged as to be of easy access to the voters, and each voter shall vote in the box assigned to the district in which he resides, and not elsewhere, and whenever the right of any one to vote is challenged, one of said board shall swear him touching his right to vote, and propound to him the questions answered by him at his registration; and if his answers do not correspond with those previously given, as they appear in the aforesaid book of registration, he shall not be allowed to vote; and, upon receiving any vote, the name of the voter shall be immediately checked off in said book. Elections for Mayor and Aldermen. Challenges. Sec. IV. And it is further enacted , That any person fraudulently registering, or attempting to register, and any person voting, or offering to vote, at any elections for Mayor and Aldermen of said city, who has no right to vote at such election, or counciling, advising or encouraging any other person so to do, and any member of said board who shall violate the provisions of this Act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for illegal voting. Sec. V. And it is further enacted , That the said Board of Registration and Election Managers, and they alone, shall be the managers of elections for Mayor and Aldermen of said city, shall have exclusive charge of all details and arrangements connected with the same, shall alone count the ballots and certify the result of the elections, and each member of said board shall, before entering upon the performance of his duties under this Act, take and subscribe an oath before the Clerk of the Superior Court of the county of Chatham, to be field in that office, that he will well and truly perform said duties. Board shall be sole election managers. Their oath. Sec. VI. And it is further enacted , That if any member of said board shall become disqualified or unable to perform said duties, his place may be immediately filled by another, appointed as prescribed in the second section of this Act; and each of said members

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shall be entitled to receive for his services, while actually engaged in the performance of his said duties, the sum of three dollars per day, and each district board shall be allowed the sum of forty dollars, to meet all clerical and other expenses, and the actual cost of the books of registration, which moneys shall be paid out of the treasury of the city of Savannah. Vacancies. Compensation. Sec. VII. And it is further enacted , That all other laws and parts of laws, providing a system of registration in said city, or in conflict with this Act, are hereby repealed. Approved September 29th, 1881. CHARTER OF SAVANNAH AMENDED. No. 419. An Act to repeal so much of the charter of the city of Savannah, and the Acts amendatory thereof, as provide for the election of a Jailer, and the superintendence of the jail of Chatham county by the Mayor and Aldermen of the city of Savannah, and to vest the management and care of said jail in the County Commissioners and Sheriff of Chatham county. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled an Act to repeal, in part, the second section of an Act passed on the twenty-first (21st) of December, 1822, entitled An Act to confer certain conveyances of the town common of Savannah, made by the Mayor and Aldermen, and to vest in the Inferior Court and Sheriff of Chatham county the direction of the County court-house and jail, and to constitute the said Mayor and Aldermen the commissioners of the jail of said county, approved on 8th December, 1834, providing that the management of the jail of said county should be vested in the Mayor and Aldermen of the city of Savannah, granting to said Mayor and Aldermen certain powers as Jail Commissioners, and repealing, in part, said second section of said Act, December 21st, 1822, be, and the same is hereby, repealed; and that an Act entitled An Act in relation to the officers of the jail of Chatham county, approved on thirteenth February, 1874, providing for the control of said jail, the election of Jailer, the appointment of Deputy Jailer, and other jail officers, their salaries and bonds, be, and the same is hereby, repealed; and that sections 4867 and 4868 of the Revised Code of Georgia, of 1873, to-wit: sections 4772 and 4773 of the Code of Georgia, as adopted, being in these words: The jail of Chatham county shall continue, as heretofore, under the direction,

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control and management of the Mayor and Aldermen of Savannah, with all the rights and duties of commissioners of the same, and with power to them to appoint a Jailer and other necessary officers, for a term not exceeding three years; which said Jailer and other officers shall, respectively, give such bond and be allowed such compensation as the Mayor and Aldermen shall by ordinance prescribe, and which said Jailer and other officers shall be removable from office by said Mayor and Aldermen for any misconduct which shall, in their opinion, furnish sufficient cause. And said Mayor and Aldermen shall have power to pass all ordinances, resolutions, rules and regulations for the regulation of the jail and the government of the Jailer and other officers, and all persons confined within said jail, as said Mayor and Aldermen shall, from time to time, deem proper, and as shall not be repugnant to law; and the Jailer shall be answerable for all escapes from such jail to the same extent and in the same manner as the Sheriff or other keeper of a jail may, by the general law, be, be, and the same are hereby, repealed; and that so much of section 4869 of the said Revised Code, to-wit: of section 4774 of the Code as adopted, as reads as follows: under the direction, control and management of the said Mayor and Aldermen as in the preceding section mentioned; but the said jail shall be subject at all times to the visits and inspection of said Justice and of the grand inquests of the said county and city, who may report to the City Council of said city any misconduct of the officers thereof, or evils existing therein, and recommend to said City Council any mode of redress or remedy therefor, be, and the same is hereby, repealed; and that section 4870 of said Revised Code, to-wit: section 4775 of the Code as adopted, being to-wit: Persons committed to said jail on other than civil process, or process from the corporate authorities of Savannah, shall be a charge on the county from which the prisoner may be sent; and said city authorities may demand periodical settlements from such county for the fees accruing for such prisoner; and in case the Inferior Court of any such county shall refuse to make periodical settlements or payments, it shall be lawful for the Superior Courts of such county, by mandamus or other process, on the application of said corporation of Savannah, or the Jailer, to compel such settlement and payment, be, and the same is hereby, repealed; and that an Act entitled An Act to give to the Mayor and Aldermen of the city of Savannah the right to fix and regulate the fees for dieting county prisoners in the jail of Chatham county, under the direction, control and management of said Mayor and Aldermen; and also to provide that the fees and charges for examining and auditing jail bills against said Chatham county, be payable by the county, and not by the city, approved August 23d, 1872, and which Act conferred on said Mayor and Aldermen of the city of Savannah the power to

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fix and regulate the fees for dieting county prisoners in said jail, and providing for the payment of fees and charges for examining jail bills against said county of Chatham by said Chatham county, and not by the city of Savannah, be, and the same is hereby, repealed. Act vesting in Mayor and Aldermen management of county jail, repealed. So also Act as to election of jailer, his bond, etc. Sections 4867 and 4868 of the Revised Code, repealed. Part of section 4869, of the Revised Code, repealed. Section 4870 also repealed. Act empowering Mayor and Aldermen to fix fees for dieting prisoners, etc., repealed. Sec. II. Be it further enacted by the authority aforesaid , That the Sheriff of the county of Chatham shall be ex officio the Jailer of said county, and shall have the appointment of one Deputy Jailer, subject to the supervision of the County Commissioners of said county, which said Deputy Jailer shall, before entering on the duties of his office, give to the Sheriff bond and security for the sum of one thousand ($1000) dollars, conditioned for the faithful performance of the duties of his office as Deputy Jailer, and shall take and subscribe before the Ordinary of said county the following oath: I do swear that I will well and truly do and perform all and singular, the duties of Deputy Jailer for the county of Chatham and that I will humanely treat prisoners who may be be brought to the jail of which I am keeper, and not suffer them to escape by any negligence or inattention of mine, so help me God; which said bond and oath shall be filed and recorded as those of a Sheriff's Deputy. The said Sheriff shall also have the appointment of such jail guards as said County Commissioners may deem necessary for the protection of said jail. Sheriff of Chatham county shall be jailer. Deputy jailer. His oath. Jail guards. Sec. III. Be it further enacted by the authority aforesaid , That in lieu of, and in full compensation for, all fees now allowed by law for dieting prisoners, receiving prisoners, turning keys, or other fees as such Jailer, the said Sheriff shall receive an annual salary of one thousand ($1000) dollars, payable in monthly installments out of the county treasury of the county of Chatham, on the order of the County Commissioners of said county, which said order shall be a good and sufficient voucher to the Treasurer of said county, and the said Deputy Jailer shall receive in full compensation for his services an annual salary not exceeding the sum of eight hundred ($800) dollars, to be fixed by the County Commissioners of said county of Chatham, payable in the same manner as above prescribed for said Sheriff. The jail guards shall receive as full compensations for their services, a sum not exceeding forty ($40) dollars per month, each, to be fixed by the County Commissioners, and to be paid in the same manner as above prescribed for said Sheriff. Salary of jailer. Salary of deputy. Salary of jail guards. Sec. IV. Be it further enacted by the authority aforesaid , That it shall be the duty of said Sheriff to make a report in writing to the said County Commissioners of Chatham county on the first day of each and every month, setting therein the conditions of said jail, the names and number of prisoners received in and discharged from said jail during the preceding month, the names and number of prisoners sent from said jail to the State penitentiary

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or county chain-gang, and the names and number executed according to law, if any, during said preceding month, the names and number of prisoners as were under treatment for sickness or disease by the jail physician, the names and number of prisoners who have died, the names and number of lunatics, and what was done with such, the names and number of prisoners on county chain-gang, and any other information necessary or proper to place said County Commissioners in possession of full and complete knowledge of the condition of said jail and its inmates, and as they may require. He shall further report in writing as aforesaid to said County Commissioners the number of pounds and quantity of meat, bread, flour, meal, or other provisions, and all supplies on hand at the time of said report, and shall also report, as aforesaid, all sums of money received by him as Jailer for receiving, dieting and keeping prisoners, and turning keys on same, committed to said jail by the United States authorities, or by the county authorities of other counties than the county of Chatham, or from any other sources, except as hereinafter specified, which said sums of money shall be paid into the county treasury, and the receipt of the County Treasurer of said county of Chatham to said Sheriff shall be a good and sufficient voucher to have for the same. Report of Sheriff. Sec. V. Be it further enacted by the authority aforesaid , That the County Commissioners of said county of Chatham shall draw their warrants on the County Treasurer for all expenses of said jail, and no fees shall be charged for dieting or for other purposes against the city of Savannah, or the county of Chatham, as to prisoners sent to said jail from any court or magistrate within said city or county, including the Mayor's Court of Savannah, or other police court of said city. It shall be the duty of said County Commissioners to supply said jail with provisions and other necessaries and supplies, at prime cost, and for the lowest cash prices, and to this end they shall advertise for competitive bids for the same, reserving the right to reject any and all bids. They shall make a return of all receipts and expenditures of said jail, with proper references to the vouchers, presenting at the same time all bids made as aforesaid to the Grand Jury of the Superior Court of said county of Chatham, at the spring term thereof each year, for inspection. Said commissioners shall have power to make proper rules and regulations for the government and control of said jail of Chatham county, and the prisoners and inmates therein, and, except as hereinbefore provided, are hereby invested with the management and care of said jail. Payment of jail expenses. Duty of Commissioners as to supply of jail with provisions, etc. Rules and regulations for jail. Sec. VI. Be it further enacted by the authority aforesaid , That this Act shall not take effect until the expiration of the present term of office of the present Jailer. When to take effect.

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Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. THE CITY OF SAVANNAH AUTHORIZED TO TAX SAVANNAH, FLORIDA AND WESTERN RAILROAD. No. 470. An Act to authorize and empower the Mayor and Aldermen of the city of Savannah to tax the property of the Savannah, Florida and Western Railway Company, within the jurisdictional limits of the city of Savannah. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Mayor and Aldermen of the city of Savannah be, and they are hereby, authorized and empowered to tax any property, real, personal or mixed, of the Savannah, Florida and Western Railway Company, within the jurisdictional limits of said city, in the same manner as like property of other railroads in said city is taxed; Provided , that real property of the said company shall be so taxed only when the plan of the city is bona fide extended over it. City of Savannah authorized to tax Savannah, Florida and Western railway Sec. II. That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed, in so far as they so conflict. Approved September 30th, 1881. CHARTER OF JONESBORO AMENDED. No. 6. An Act to amend the charter of the town of Jonesboro, in Clayton county, Georgia, relative to changing the time of holding the election for municipal officers, to provide for and explain the qualification of voters and the registration thereof; to change the name of the corporation to that of Mayor and Council from Intendant and Commissioners, and for other purposes therein explained and set forth. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Act of

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the General Assembly, approved August 24th, 1872, be, and the same is hereby, amended so as to change the name of said corporation from Intendant and Commissioners to that of Mayor and Council of the town of Jonesboro, and that whenever in said charter the names Intendant and Commissioners occur it shall read Mayor and Council of Jonesboro, and that said Mayor and Council shall have, and are hereby clothed with, all of the power and authority heretofore granted to and vested in the Intendant and Commissioners of said town, and shall, as the successors of said Intendant and Commissioners, and shall be entitled to sue and be sued, plead and be impleaded, in as full and ample manner as their predecessors. Name of corporation changed. Sec. II. Be it further enacted , That, from and after the passage of this Act, the present Intendant and Commissioners, to-wit: William T. Kimsey, Intendant, and Jno. M. Hawkins, Jesse Anthony, James O. Hightower, W. H. Chapman, L. C. Hucherson, and Joseph A. McConnell, Commissioners, be, and they are hereby, incorporated as Mayor and Council of said town of Jonesboro, and shall hold their offices until the first Wednesday in May, 1881, and until their successors are elected and qualified. Present officers incorporated. Sec. III. Be it further enacted , That, from and after the passage of this Act, said charter of the town of Jonesboro be so amended as to provide that the annual election for Mayor and Councilmen shall be held on the first Wednesday in May, of each year, beginning with the first Wednesday in May in the year one thousand eight hundred and eighty-one, which is hereby constituted the beginning of the municipal year. And that all other proceedings by said body corporate shall be the same as now provided by the charter, except as hereinafter provided. Annual election of Mayor and Council. Sec. IV. Be it further enacted , That, from and after the passage of this Act, no person shall be permitted to vote or hold office in said town except such as are qualified to vote for members of the General Assembly, and shall have resided in said town as much as six months previous to said election, and shall have paid all taxes due said town for the year next preceding the election. And said Mayor and Council of the town of Jonesboro are hereby authorized and empowered to provide such system of registration of the voters of said town as they may deem right and proper, not inconsistent with, or repugnant to, the constitution and laws of this State or the United States. Qualifications of voters and officers. Registration. Sec. V. Be it further enacted , That said Mayor and Council shall, in addition to the powers now conferred on them by the charter, have full power and authority to provide by ordinances for the issuing of rules nisi and rules absolute against defaulting officers, and all others, in cases of contempt or refusal to obey the

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mandates and processes of any of the courts of said town, and to provide for the speedy collection of all sums in default by any officer, and for the collection of fines imposed, and to make and enact and enforce any and all ordinances necessary to the promotion of the peace, morals, good order and good government of said town, which are not in conflict with or repugnant to the constitution and laws of this State or United States, after ten days' publication of said ordinances. Power of Mayor and Council to provide for rules against officers, etc. Sec. VI. Be it further enacted , That said Mayor and Council shall have full power and authority, in addition to that already conferred, to enact and enforce any and all ordinances necessary to enforce the speedy collection of taxes, and to this end may make such rules and ordinances relative to the appointment of assessors each year for said town, as the exigencies of the case may demand, and to provide for the appointment and return of the Board of Assessors, and in the event of failure of board to act from any cause, or to make prompt return, to appoint another until a proper return is had, and members of said board, in case of necessity or emergency, shall be eligible to serve as assessors. Collection of taxes. Board of assessors. Sec. VII. Be it further enacted , That said Mayor and Council shall have full power and authority to provide by ordinance or ordinances, for the mode and manner of contesting elections for Mayor and Councilmen of said town, how and by whom heard, and by what means and practice said contest shall be moved from one court to another, and may provide any and all necessary rules and ordinances for a fair investigation of any contest, which are not inconsistent with the constitution and laws of this State. Contested elections. Sec. VIII. Be it further enacted , That said Mayor and Council shall have power to pass any and all ordinances necessary to compel collecting officers to account to other officers for their cost collected in prosecutions before the courts of said town. Collections of costs. Sec. IX. Be it further enacted , That nothing herein contained shall be so construed as to permit said Mayor and Council, under any circumstances, to levy as a general tax more than two and a half tenths of one per cent., or twenty-five cents on the hundred dollars on the taxable property for all purposes. Limitations of taxing powers. Sec. X. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved December 3rd, 1880.

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CHARTER OF COCHRAN AMENDED. No. 8. An Act to alter and amend the several Acts incorporating the town of Cochran, in the county of Pulaski, and to grant certain privileges to the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the municipal government of the town of Cochran shall be vested in a Mayor and six Aldermen, who are hereby constituted a body corporate, under the name and style of The Corporation of the Town of Cochran, 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 town of Cochran, any estate or estates, real or personal, of whatsoever kind or nature, within the jurisdictional limits of said town; and shall by the said name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien, exchange or lease any estate, real or personal, or any part thereof, the property of, or belonging to, said corporation, or convey the same, or any part thereof, in any way whatever. Government. Name of corporation. Rights and liabilities of corporation. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of the town of Cochran shall extend one mile in every direction from the intersection of Beech and Second streets, in said town; Provided , that no field or woodland exceeding five acres, shall be subject to corporate tax, until the same is laid off into town lots, or built upon. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That an election shall be held at the council chamber in said town, on the first Saturday in January, 1881, and on the second Wednesday in January in each year thereafter, for Mayor and Aldermen aforesaid; who shall hold their offices one year, or until their successors are elected and qualified; and the polls of which election shall be opened at nine o'clock in the forenoon, and closed at four o'clock in the afternoon. The qualification thereof shall be such as is required for the electors to the General Assembly, and in addition thereto, residence within the corporate limits of the town for the period of six months next preceding election, and the payment of all legal taxes required of them by the said corporation. Election for Mayor and Aldermen. Term. Qualifications of voters. Sec. IV. Be it further enacted by the authority aforesaid , That the said elections shall be held under the superintendence of a Justice of the Peace and two freeholders, or of three freeholders; said superintendents to take an oath for the due performance of

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their duty as such, and to have the powers incident to superintendents of elections in this State. In case the managers of said election shall have any reasonable doubt as to the qualifications of any voter, they shall have power to administer the following oath: You do swear that you are a citizen of the United States, that you have attained the age of twenty-one years, have resided in this State one year, in this county six months, and for the last six months past within the jurisdiction of the town of Cochran, and have paid all taxes legally imposed and demanded of you by the corporation of the town of Cochran. So help you God. Superintendence of election. Oath of voters. Sec. V. Be it further enacted by the authority aforesaid , That the superintendents of said elections shall conform to the laws governing elections in this State, in so far as they are applicable to said election, and shall duly declare the results of the same, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within ten days, qualify by taking an oath to well and truly perform the duties of their respective offices in the presence of an officer authorized to administer the same by the laws of this State. Rules as to election and qualification of officers. Sec. VI. Be it further enacted by the authority aforesaid , In case of death, resignation, removal from office, or removal from the town, of the Mayor, the Aldermen shall proceed by ballot to elect a Mayor pro tem , who shall order an election to fill the vacancy, giving two notices thereof, and in case of the death, resignation, failure to elect, removal from office, or removal from the town, of one or more Aldermen, the Mayor shall order an election as above. Vacancies in office. Sec. VII. Be it further enacted by the authority aforesaid , No person shall be eligible to office of trust or emolument, under this Act, who is not eligible as a voter at the election aforesaid. Any officer of said corporation who shall be guilty of malpractice, or abuse of the power confided to him, shall be subject to indictment in the Superior Court of Pulaski county, and, on conviction, shall be fined not less than one hundred nor more than five hundred dollars (said fine to be paid over to the Treasurer of said town), or be imprisoned not exceeding six months, or both, at the discretion of the Judge. Qualifications of officers. Penalty for malpractice. Sec. VIII. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have power and authority to elect such Marshals, Clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such sub-ordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. They shall have power also to suspend or remove them from office for a breach, neglect of, or incapacity to discharge, their said duties, at their discretion. Subordinate officers. Their election. Fees, duties and bonds. Suspension or removal.

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Sec. IX. Be it further enacted by the authority aforesaid , That said corporation shall have and enjoy all the rights, privileges, and powers incident to such corporation, not repugnant to the constitution of the United States, the constitution of this State, and the laws made in pursuance thereof, and said corporation shall have full power and authority to enact all ordinances, by-laws, rules, and regulations necessary and proper for the good government of said town, and securing the health of the inhabitants thereof. Powers of corporation. Ordinances, etc. Sec. X. Be it further enacted by the authority aforesaid , That the Mayor and each of said Aldermen shall be ex officio Justices of the Peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town; and shall have power, on examination, to commit the offender or offenders to jail or bail them, if the offense be bailable, to appear before the Superior Court of the county of Pulaski. Mayor and Council ex officio justices of the peace. Sec. XI. Be it further enacted by the authority aforesaid , That the Mayor of said corporation, or in his absence, the Mayor pro tem. may hold a police court for the trial of and punishment for all violations of the ordinances, by-laws, rules, and regulations of said town. The punishment inflicted by said court, not to exceed one hundred dollars, or by labor on the streets, or public works within the town; or by confinement in the calaboose or guardhouse, at the discretion of the court, such term of labor or confinement in no case to exceed thirty days, or both, at the discretion of the court, and in addition thereto the costs of the proceedings, which shall be the same as in cases before a court of inquiry. The said fine, after being regularly assessed, shall be collected by execution, to be issued by the Clerk of the Council against the estate of said offender, if any to be found, if none, the offender may be imprisoned as before provided. Police court. Collection of fines. Sec. XII. Be it further enacted by the authority aforesaid , That the said Mayor and Council, or a majority of council, shall have power to elect a Mayor pro tem. , who shall be clothed thereby with all the rights, privileges and duties of the Mayor elect, when, and during the sickness or absence of the Mayor, upon taking the usual oath, and not otherwise. And if the Mayor pro tem. , as well as the Mayor elected by the people, shall both be unable, from any cause, to attend to their duties, the council shall elect another Mayor pro tem. , who shall thereby be clothed with all the rights, powers and duties of Mayor of the town, upon taking the usual oath, and who shall serve only during the absence of the Mayor. Mayor pro tem. Sec. XIII. Be it further enacted by the authority aforesaid , That the Mayor and other officers of said corporation shall receive such compensation as the Mayor and Aldermen may deem proper, but their compensation shall neither be increased nor diminished during their term of office. Compensation of officers.

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Sec. XIV. Be it further enacted by the authority aforesaid , That the said Mayor and Council of the town of Cochran shall have the sole and exclusive right of granting licenses to retail liquors in the town of Cochran, and of fixing the rates of such licenses and the terms upon which they shall be issued; of declaring said licenses void when said terms are not complied with. They shall also have power to license, regulate and control all ten-pin alleys within the town and to remove the same when they become nuisances to the neighborhood. Licences to retail liquors. Ten-pin alleys. Sec. XV. Be it further enacted by the authority aforesaid , That said corporation shall have full power and authority to assess, levy and collect such taxes upon all the real and personal estate within the corporate limits of said town as they shall deem necessary for the support of the government of said town; as also to levy such tax on all professions, trades, business, occupations, theatrical exhibitions, or other performances exercised, exhibited or performed, within the same, as may be deemed proper and just by said Mayor and Council. Assessment and collection of taxes on property. Specific taxes. Sec. XVI. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of the town of Cochran shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances, in the public streets, lanes, alleys, side-walks, or public squares, in said town; and also to license, regulate and control all taverns and public houses in said town; to establish a market or markets in said town; to regulate all butcher-pens, slaughter-houses, tan-yards, blacksmith shops, forges, stoves and chimneys, within said town, and to remove, or cause to be removed, the same, or any of them, in case they become dangerous or injurious to the health of any citizen of the town, or become nuisances; and also, if necessary, to fill up all pits, cellars and excavations in said town, or cause the owner to do so; also, to regulate drays, omnibusses, buggies, carriages, wagons and carts owned or kept and used in town; and also full power to regulate and control all pumps, wells, liverystables, fire-companies and engines within said town. Power to remove obstructions and nuisances. License taverns, etc. Regulate butcher pens, tan yards, etc. Fill up pits, etc. Regulate hacks, drays, pumps, etc. Sec. XVII. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said town shall have full power and authority, upon proof of the maintenance or existence of any house of ill-fame, or bawdy-house, within said town, to cause the occupants of said house to be forcibly removed without the limits of said town, upon giving them ten days' notice, or to punish him, her, or them by a 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 twenty days, or both, at the discretion of the police court trying the same. Houses of ill-fame. Sec. XVIII. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said town shall have power to

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take up and impound any horses, mules, dogs, hogs, cows or other cattle, running at large in said town, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town. Power to impound animals running at large. Sec. XIX. Be it further enacted by the authority aforesaid , That all males over the age of sixteen and under the age of forty-five, who may have resided in said town ten days, shall be subject to work the streets of said town, according to the road laws now of force in this State, or to be taxed therefor as the Council may determine as a commutation for such duty, not to exceed three dollars, as a street tax. Such person shall not be liable to road duty out of said town. Work on streets. Sec. XX. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said town shall have full power and authority to open and lay out, to widen, straighten, or otherwise change streets and alleys in said town. Whenever the Mayor and Aldermen shall exercise the power above delegated, they shall appoint two freeholders, and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damages sustained or advantages derived by the owner or owners of said lots, in consequence of the opening, widening, straightening, or otherwise changing said streets and alleys; and in case said assessors cannot agree, they shall select a fifth freeholder. The said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Pulaski county within ten days from the rendition of said award, under the same rules and regulations as govern appeals from the Justice Courts. The Mayor and Council of said town of Cochran to have power and authority to levy, collect and enforce the final decree, award or judgment, in each and every case, by judgment against the owner or owners of said lot or lots, when the same is found to be advantageous to said owners. Power to lay out and change streets. Assessment of damages. Appeals. Sec. XXI. Be it further enacted by the authority aforesaid , That any of the officers of said incorporation who may be sued for any act done in his or their official capacity or character may justify under this Act. Suits for misconduct in office. Sec. XXII. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said town, sitting as a Board of Council, shall have power to lay off, vacate, close, open, alter, curb, pave, drain, and keep in good order and repair, the roads, streets, sidewalks, alleys, crosswalks, drains and gutters for the use of the public or any of the citizens thereof. To prevent hogs, cattle, horses, goats or other animals from going at large in said town, to protect places of divine worship, to regulate the keeping of gunpowder and other combustibles, to provide places for the burial of the dead, to regulate interments therein,

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to make regulations for guarding against danger or damage by fire, to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; within which fire limits as established it shall not be lawful for any one to build, or cause to be built, any building other than brick or stone buildings, with tin or iron roof, except by special permission of said Board of Council, which must be unanimous, and in case of violations of any such regulations establishing fire limits the Board of Council, after five days' notice, shall cause any building erected, or in course of erection in violation of such regulations, to be removed at the expense of the owner or builder thereof. General power as to streets and sidewalks. Hogs, cattle, etc. Gunpowder. Fire limits. Sec. XXIII. Be it further enacted by the authority aforesaid , That the Mayor as such, or the Mayor pro tem. , when presiding at any meeting of the Board of Council, or holding a police court shall have power to punish for contempt by fine, not exceeding five dollars, or imprisonment, not exceeding twenty-four hours, for each offence. Punishment for contempt. Sec. XXIV. Be it further enacted by the authority aforesaid , That the Marshal of said town, the Mayor, or any Alderman, may arrest, without warrant, any person guilty of a violation of any ordinance of said town, and bring the offender before the Mayor for trial, and to this end may summon any of the bystanders as a posse to assist in such arrest. When brought before the Mayor a written or printed accusation shall be preferred against the offender, in manner and form as follows: State of Georgia, town of Cochran: I,, Marshal of said town, in the name and behalf of the Mayor and Aldermen of said town, charge and accuse with the offense of (here state the offense), contrary to the laws of said town, the peace, good order, and dignity thereof, this day of, 18. And shall be signed by the Marshal, or deputy, or acting Marshal, as prosecutor; and when such accusation is preferred, the same shall be sufficient authority to hold the accused until the final trial of the case, but the accused may give bond and security to appear at such other time as the case may be adjourned to; and in default of such bond being given, to be judged of by the Mayor or either of the Aldermen, the accused may be imprisoned to await trial. If such bond be given, and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Board of Council, and execution issued thereon by serving the defendant, if to be found, and his sureties, with a rule nisi , at least five days before the time of hearing such rule nisi , to be signed by the Mayor and Clerk of Council. Arrests. Accusation. Bond. Forfeiture. Sec. XXV. Be it further enacted by the authority aforesaid , That all writs, processes and subp[UNK]nas issued in behalf of said town shall be directed to the Marshal of said town, and signed in the same manner as executions. All executions issued in behalf of said town for the collection of any tax, fine or forfeiture, shall

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be directed to the Marshal of said town, and signed by the Mayor, or the Mayor pro tem ., and Clerk of Council; and all sales by the Marshal shall be advertised not less than ten days by posting in three or more public places in said town. Whenever any prop erty levied upon by the Marshal under such executions shall be claimed by any person not a party to the execution, such claim shall be interposed under the same rules and regulations and restrictions as govern claim cases, and the claims shall be returned to and tried, if on real estate, to the next term of the Superior Court of the county having jurisdiction thereof; and if on personal property, to the County Court of Pulaski county, unless the amount of the execution is for an amount exceeding the jurisdiction of the court, in which event the claim shall be returned to the Superior Court of Pulaski county. And any affidavit of illegality filed to any execution so issued, shall be returned for trial to the said County Court, unless the amount of the execution exceeds the jurisdiction of the court, in which event it shall be returned to the Superior Court of Pulaski county for trial. Nothing herein contained shall be construed to authorize the Marshal of said town to sell real estate under such execution without first advertizing in a public gazette, but he may levy upon and sell real estate in said town by complying with the laws regulating Sheriff's sales in this State of real property. When any claim or illegality shall be returned to said County Court, the law regulating appeals and certioraris in other cases shall obtain. Writs, executions, etc. Sales by Marshal. Claims. Sec. XXVI. Be it further enacted , There may be a certiorari from any judgments rendered by the Mayor or said Board of Council to the Superior Court, on the same terms as govern certioraris from Justice Courts. Certiorari from meetings of Mayor and Council. Sec. XXVII. Be it further enacted , That all ordinances, rules and regulations passed by the Mayor and Aldermen shall, before becoming operative, be entered upon the minutes of the Board of Council, and published at least once in some newspaper having general circulation in the town, or be posted at one or more prominent places in said town. Rules and ordinances must be put on minutes and published. Sec. XXVIII. Be it further enacted , That this Act shall take effect on the first day of December, 1880, and that until said date, all the rights, powers and privileges heretofore granted the Mayor and Council of Cochran under the original charter of incorporation and Acts amendatory thereto, as well as the said Acts, shall remain in full force, and the official acts and doings of said Mayor and Council, so far as the same are in conformity with said acts and the laws of this State, are made legal and binding until modified, altered or repealed by said Mayor and Council. When this Act shall take effect. Sec. XXIX. Be it further enacted , That the Mayor and Council of said town shall have power to require a registration of the legal voters of said town, annually, before the Clerk of the said

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Town Council under such rules and regulations as said Mayor and Council shall prescribe. Said registration to commence not more than twenty days and to be completed at least ten days before the annual election held in said town. Said registration shall be open and public, at the council chamber, in said town, and the book thereof be subject to public inspection at any time, and should any dispute arise as to the right of any person to register, the same shall be determined by said Mayor and Council. For making such registration the Clerk of the Council shall have such compensation out of the town treasury as the Mayor and Council may deem adequate. Registration of voters. Sec. XXX. Be it further enacted , That the Mayor and Council shall have authority and power to establish a chain-gang to be worked on the streets, or such other places in the town as they may direct; and to pass all ordinances necessary for the control, to work, and for the government and safe keeping of the convicts. Chain gang. Sec. XXXI. Be it further enacted , That all persons eligible to vote for members of the General Assembly, residing within the corporate limits of the town of Cochran, as extended by this Act, shall be eligible to vote for officers of said town at the first election held under this Act. Qualifications of voters. Sec. XXXII. Be it further enacted , That all laws and parts of laws heretofore passed, incorporating the town of Cochran be, and the same are hereby, repealed, from and after the date set forth in this Act. Approved December 4th, 1880. CHARTER OF HAWKINSVILLE AMENDED, No. 10. An Act to amend an Act entitled An Act to incorporate the town of Hawkinsville, in the county of Pulaski, to define the limits of the same, and to repeal all previous Acts passed incorporating the same or amendatory thereto, approved October 28th, 1870, so as to require all voters at elections for Mayor and Council of said town to be registered before voting. Section I. Be it enacted by the General Assembly of the State of Georgia , That the third section of the Act to incorporate the town of Hawkinsville, above referred to, be, and is hereby, amended by inserting after the words General Assembly, in said section, the words, and shall be registered in the manner

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required by law, so that part of said section shall read as follows, viz: and all citizens residing in said corporation ten days previous to said election, who shall be entitled to vote for members of the General Assembly, and shall be registered in the manner required by law, shall be entitled to vote for said Mayor and Aldermen, etc. Registration of voters. Sec. II. Be it further enacted , That the Clerk of Council of the said town of Hawkinsville, and in cases of his sickness or absence, such person as shall be appointed by the Mayor and Council for that purpose, shall open at the office of said Clerk of Council, or at such other place as shall be designated by the Mayor and Council for the purpose, on the first Monday in December in each year, a list for the registration of the voters of said town entitled to vote for Mayor and Council, which list shall be kept open every day but Sunday, between the hours of 9 A. M. and 2 P. M., from that day until the tenth day before the annual election for Mayor and Council prescribed by law, inclusive, when said list shall be finally closed. And it shall be the duty of the Clerk, or other person appointed to the duty, upon the application of any person entitled to vote as aforesaid, which application shall be made in person, and not by proxy, to register the name of such person, with the street or road upon which he lives, the applicant first paying to such Clerk or other person such sum as shall be specified by the said Mayor and Council. And such Clerk or other person shall, in every case, before making the registration, administer to the applicant therefor the following oath, viz: You do swear (or affirm) that you are twenty-one years of age, that you are a citizen of the United States, that you have resided in this State for twelve months last past, are now residing in the town of Hawkinsville, and that you have paid all legal taxes required of you by the authorities of said town. And the said Clerk, or other person conducting such registration, shall, when the same has been closed, publish the list, arranged in alphabetical order, in any newspaper published in said town, at least five days before the day of election; and if there be no such newspaper, he shall post up the same in a conspicuous place in the usual office of said Clerk, and a copy thereof shall be furnished to the superintendents of the election. And if such Clerk, or other person appointed to make such registration, shall commit any fraud in the same, he shall, on conviction thereof in the Superior Court, be punished as prescribed in section 4310 of the Revised Code of 1873. List for registration to be kept. Fee. Oath. Publication of list. Punishment for fraud in registration. Sec. III. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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CORPORATE LIMITS OF NEWNAN EXTENDED. No. 14. An Act to amend an Act approved December 20th, 1828, entitled An Act to make permanent the site of public buildings in the town of Hamilton, Harris county; in the town of Newnan, Coweta county; and in the town of Talbotton, county; and the town of Greenville, in Meriwether, and to incorporate the same, so far as relates to the town of Newnan, in the county of Coweta, by adding to the corporate limits of said town lands not heretofore included therein, and subjecting the same to corporation laws, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That an Act approved December 20th, 1828, entitled An Act to make permanent the site of public buildings in the town of Hamilton, Harris county; in the town of Newnan, Coweta county; and in the town of Talbotton, in Talbot county; and the town of Greenville, in Meriwether, and to incorporate the same, be, and the same is hereby, amended so far as relates to the town of Newnan, in the county of Coweta, by adding to the corporate limits of said town, and amending the charter thereof so as to include within its limits all of that territory included within the following boundaries, to-wit: Beginning on the western side of Greenville street, where the present corporation line crosses the same, running southerly along said street to opposite the south line of David H. Kilgore's residence lot, thence easterly across said street, and along said line of said lot to the southeast corner of said lot, thence easterly to the east side of Pinson street, where it joins the McIntosh road, thence northerly along said east side of said street to the present corporation line. Corporate limits of Newnan extended. Sec. II. Be it further enacted , That said territory which is hereby added to the corporate limits of said town of Newnan, shall hereafter be subject to the corporate laws of said town the same as if originally included therein. New territory subject to laws of the corporation. Sec. III. Be it enacted , That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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CORPORATE LIMITS OF WAYNESBORO EXTENDED. No. 23. An Act to extend the incorporate limits of the town of Waynesboro, Burke county, Georgia, so that the limits shall extend one thousand yards in all directions from the center of the court-house square in said town, to confer jurisdiction upon the Commissioners of said town within said limits, and for other purposes therein named. 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 incorporate limits of the town of Waynesboro, Georgia, in the county of Burke, shall extend one thousand yards in all directions from the center of the court-house square in said town, and shall include all the territory within the said one thousand yards. Corporate limits made 1000 yards from center of court house square. Sec. II. Be it further enacted by the authority aforesaid , That the Commissioners of the town of Waynesboro shall have the same powers and jurisdiction over all the territory included within the said extended limits that they now have by virtue of being Commissioners of said town, and this power and jurisdiction shall extend to their successors in office. New territory to be governed just as territory within former limits. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. NEW CHARTER FOR TOWN OF TALLAPOOSA. No. 39. An Act to repeal an Act entitled An Act to incorporate the town of Tallapoosa, in the county of Haralson, and for other purposes, approved December 20th, 1860, to adopt a new charter for said town, to provide for the time and manner of holding elections for municipal officers of said town, and to define the limits of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Act entitled An Act to incorporate the town of Tallapoosa, in the county of Haralson, and for other purposes; approved December 20th, 1860, be, and the same is hereby, repealed. Act of December 20th 1860, incorporating Tallapoosa, repealed.

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Sec. II. Be it further enacted , That, from and after the passage of this Act, the following shall be the charter of said town of Tallapoosa: New charter. Sec. III. Be it further enacted , That the corporate limits of said town shall extend one half mile in every direction from the crossing of the Cedartown and Arbacoochee and Buchanan and Jacksonville roads in said town. Corporate limits. Sec. IV. Be it further enacted , That the government of said town shall be vested in a Mayor and four Councilmen. Mayor and Councilmen. Sec. V. Be it further enacted , That Charles Taliaferro be, and he is hereby, appointed Mayor, and J. T. Barnwell, W. T. Summerlin, H. M. Martin and H. A. Kiker be, and they are hereby, appointed Councilmen of said town of Tallapoosa, to hold their offices until the first annual election, as hereinafter provided. Charles Taliaferro appointed Mayor. Sec. VI. Be it further enacted , That on the first Saturday in January, 1881, and annually thereafter, on the same day, an election shall be held in said town for a Mayor and four Councilmen, who shall hold their offices for one year, and until their successors are elected and qualified, but no one shall vote for, or be eligible to the office of, Mayor or Councilman of said town, who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election for Mayor and Councilmen. Qualifications for office or voting. Sec. VII. Be it further enacted , That before entering upon the discharge of their duties, the Mayor and Councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Councilman, as the case may be,) of the town of Tallapoosa, according to the best of my ability. So help me God. Oath of Mayor and Councilmen. Sec. VIII. Be it further enacted , That said Mayor and Councilmen shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the peace, good order and government of said town; Provided , they be not repugnant to the constitution and laws of this State, nor of the United States. Ordinances and by-laws. Sec. IX. Be it further enacted , That said Mayor and Councilmen shall have power to levy and collect a tax of not exceeding three-tenths of one per cent upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to

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work on the streets of said town, or they may prescribe a commutation tax in lieu of work on the streets. Tax. Street work. Sec. X. Be it further enacted , That the said Mayor and Council shall have power and authority to regulate the sale of spirituous and intoxicating liquors in said town; to grant licenses, and to fix the fees for the same when granted, and to impose penalties upon any person selling liquors in said town without license. General power of Mayor and Councilmen. Sec. XI. Be it further enacted , That said Mayor, or if from any cause he fail to act, any three of the Councilmen of said town, be authorized to try and punish any person guilty of violating any ordinance of said town, and to punish persons guilty of such violations by fine and imprisonment, but in no case shall such fine exceed fifty dollars, or such imprisonment exceed twenty days. Power to punish for violation of ordinances. Sec. XII. Be it further enacted , That said Mayor and Councilmen be, and they are hereby, vested with power to adopt such rules for the collection of taxes, fines, and all other moneys due to said corporation, and for the enforcement of all other powers herein given them, as in their judgment may seem proper. Collection of taxes and money due corporation. Sec. XIII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 7th, 1880. ETOWAH CITY INCORPORATED. No. 45. An Act to incorporate Etowah City, in the county of Floyd, to confer certain powers and privileges upon the Mayor and Council thereof, and for other purposes. 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 land situated in Floyd county now or formerly owned by the corporation entitled, The East Rome Town Company, together with the strip of land on the west side of said property east of Silver creek and pond, including said creek and pond, shall be known and called Etowah City. Etowah City incorporated. Sec. II. Be it further enacted , That within sixty (60) days after the passage of this Act, a notice shall be posted in some conspicuous place in said city, calling for an election to be held within not less than three days, and not more than one week after the

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posting of said notice, at which election a Mayor shall be voted for; and all citizens qualified to vote for members of the Legislature of this State, and residing in said Etowah City, and only such persons, shall be entitled to vote at said election, and shall be eligible to the office of said Mayor; and at this election, and all subsequent elections held under this charter at which citizens may vote, a Justice of the Peace of Floyd county and two disin terested freeholders, citizens of said city, shall preside; and the person whom they declare has received the highest number of votes shall be Mayor, and shall receive from the said managers a certificate to that effect, which certificate shall be the highest evidence of such election, and shall be recorded by the Clerk of the City Council in a book to be kept for that purpose. Election. Qualifications of voters. Eligibility for office. Management of elections. Sec. III. Be it further enacted , That the Mayor elected according to the preceding section shall hold office until the first day of January, eighteen hundred and eighty-two, or until a successor be elected, and that within one month after his election he shall appoint four (4) City Councilmen, who shall hold office as follows: The first appointed until the first day of January, 1882; the second, until the first day of January, 1883, the third, till the first day of January, 1884, and the fourth till the first day of January, 1885, or each until his successor be appointed, and in every January after, and beginning with January, 1882, the Mayor shall appoint one City Councilman for a term of four years, the appointment to date from the first day of the January in which made; and each of said City Councilmen shall be a bona fide owner of real estate in said city, and a qualified voter under this charter. Term of Mayor. Councilmen to be appointed. Term of Councilmen. Qualifications for Councilmen. Sec. IV. Be it further enacted , That on the first Monday in December, eighteen hundred and eighty-one, and on the same day every two years thereafter, an election for Mayor shall be held as hereinbefore provided. When election for Mayor shall be held. Sec. V. Be it further enacted , That should the office of Mayor become vacant by death, resignation, removal, or otherwise, the City Council shall order a new election by giving sixty (60) days' notice, at which time a successor for the unexpired term shall be elected. Vacancy in office of Mayor. Sec. VI. Be it further enacted , That when any of the offices of City Councilmen become vacant, by death, resignation, removal, a sale of all real estate owned by said City Councilmen within the corporate limits, or otherwise, the Mayor may appoint a successor, by and with the advice and consent of the City Council; but there shall always be at least two City Councilmen, and each and every City Councilman shall receive from the Mayor a certificate of appointment, which shall be recorded in the same book as the Mayor's certificate of election. Vacancy in office of Councilmen. Sec. VII. Be it further enacted , That, as early as may be in each January, the Mayor and City Council shall elect a Mayor

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pro tempore , who shall act in the absence of the Mayor, and who shall be a member of the City Council; a Treasurer, a Clerk of City Council, a Marshal, and such other officers as they may deem necessary, fixing and regulating from time to time the salaries and fees, if any, of all officers under this charter; Provided, however , that said Mayor and City Councilmen do not receive, directly or indirectly, for their services as Mayor and City Councilmen, over fifty dollars each per annum; but they each and all may, when exercising the functions of Justice of the Peace, as hereinafter provided, charge and collect such fees and costs as Justices of the Peace are allowed to charge and collect under the laws of this State. Mayor pro tempore. Other offices. Salaries and fees of officers. Sec. VIII. Be it further enacted , That the Mayor and City Council aforesaid shall be known as the Mayor and City Council of Etowah City, and by such, their corporate name, may sue and be sued, plead and be impleaded, and do all other acts relating to and made necessary by their corporate capacity; and shall have and use a common seal, and may be capable in law to purchase, hold, receive, enjoy, possess and to retain, to them and their successors, for the use and benefit of said Etowah City in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments, of what kind or nature soever, within the limits of said city, and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatsoever; and the said Mayor and City Council shall have full power and authority to pass and enforce all by-laws and ordinances respecting the streets of said city; to open, lay out and regulate the same respecting bridges, public buildings, work-houses, ale, beer and liquor stores; the storage of dangerous and combustible materials or substances; carriages, wagons, carts, drays, pumps, wells, springs, fire-engines and apparatus; care of the poor, suppression or regulation of disorderly houses or places of prostitution (regulation of citizens), and every other by-law, regulation or ordinance that shall appear to them necessary and proper for the security, welfare, interest and morality of said city, and for the preserving the peace, health, order and good government of the same. Corporate name. Rights and liabilities. By-laws and ordinances. Sec. IX. Be it further enacted , That as soon as possible and convenient after the election of the said Mayor, and before he enters upon the discharge of his official duties, he shall, before a Justice of the Peace, take and subscribe to the following oath or affirmation: I, A. B., do solemnly swear (or affirm) that I will to the utmost of my ability discharge the duties of the office for which I am now qualifying, during my continuance in said office, so help me God, and the Mayor, after being so qualified, shall have full power and authority to administer said oath to such and every member of the City Council, who must take and subscribe

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to the same before him, the said Mayor, or else before a Justice of the Peace of Floyd county, before entering upon the official duties of City Councilman. Oath of Mayor and Councilmen. Sec. X. Be it further enacted , That in case the Mayor, or any member of the City Council, while in office, shall be guilty of wilful neglect, malpractice or abuse of said office, he or they shall be liable to be convicted before the Superior Court of Floyd county, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the penitentiary of this State for a term not exceeding five years, or both, for each and every offense, and shall moreover be removed from office. Penalty for malpractice in office. Sec. VII. Be it further enacted , That the Mayor and members of the City Council may transact business when a majority of them are present, and the Mayor shall preside at all meetings, and have the casting vote, and a majority vote shall determine the questions and elections before the City Council, and the Mayor and each member of the City Council shall be, to all intents and purposes, a Justice of the Peace, so far as to enable them, or any or either of them, to issue warrants for all offenses committed within the corporate limits of said city, which warrants shall be executed by the Marshal or his deputy, or such other officer, as is under the laws of this State required to execute similar warrants when issued by a Justice of the Peace, and to commit to the jail of Floyd county, or to admit to bail in all cases in which Justices of the Peace may admit to bail, by the laws of this State, offenders for their appearance before the next Superior Court thereafter for Floyd county, to await his, her, or their trial, and it shall be the duty of the Jailer of said Floyd county to receive all such persons so committed and safely keep the same until discharged by due course of law. Quorum of Council. Mayor and city Councilmen exofficio justices of the peace. Sec. XII. Be it further enacted , That the funds of Etowah City shall only be paid out in accordance with such resolutions as may be passed by the City Council, and that all payments shall be made by the City Clerk's draft upon the Treasurer, countersigned by the Mayor, and the City Council may require bonds to be given by any or all officers appointed by it, and fix the amounts of the same, and such bonds shall be held to save the said Etowah City harmless from any loss or damage occasioned by the unfaithful or fraudulent act or acts of such officer or officers. How city funds may be paid out. Bonds of officers. Sec. XIII. Be it further enacted , That the Mayor and City Council shall have full power and authority to pass all ordinances and by-laws necessary for the government of said city, which do not conflict with the laws and constitution of the State of Georgia or the United States, and they shall have special power to make all contracts, in their corporate capacity, which they may deem necessary for the welfare of said city, except that they shall

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not create, or allow to be created, any debt of any kind on account of said city, unless ample funds for the payment of any and all such debts shall be, at the time, in the hands of the City Treasurer and set apart; and no bond, note, time bill, mortgage, or other evidence of indebtedness whatever, shall be made, signed, issued or uttered by the said Mayor and City Council, or any of them. Ordinances and by-laws. Contracts. City debts. Sec. XIV. Be it further enacted , That the Mayor and City Council shall have power and special authority to levy a tax of not exceeding one per cent. on all property owned or held within the corporate limits, of whatever kind, either personal or real, which is subject to taxation under the laws of the State, which tax shall be collected in such manner and by such person or persons, and at such times and places, as the City Council shall direct; and the Mayor and City Council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to do road and street duty according to the laws of this State, and the said Mayor and City Council shall have the same power and authority to punish defaulters as the Road Commissioners of this State now have, or may hereafter have, or the said Mayor and City Council shall have power to levy and collect a tax, in lieu of such road and street duty, from all persons subject thereto; and no person who shall be indebted to said city in any tax, fine, fee or assessment, shall be allowed to vote at any election held under this charter. Tax. How collected. Street work. Sec. XV. Be it further enacted , That the Mayor and City Council shall have power and full authority to charge, assess, and collect such special tax as they may deem proper, from all persons carrying on any kind of business, profession, or calling, with in the corporate limits, but no special tax shall be required from any person whose sole occupation is that of a common laborer or servant. Special taxes. Sec. XVI. Be it further enacted , That all moneys collected under and in pursuance of this charter, shall be immediately paid over to the City Treasurer for the exclusive use and benefit of said Etowah City. Moneys collected to be paid over to city Treasurer. Sec. XVII. Be it further enacted , That in all cases where any person or persons, citizens of said city, who have property of any kind subject to taxation, within the corporate limits of the same, shall fail, refuse, or neglect to pay the taxes imposed according to this Act, the Clerk of the City Council shall issue execution for the same, which execution shall be signed by said Clerk, and bear attest in the name of the Mayor, and be directed to the Marshal of said city, commanding him to levy on the goods, chattles, lands, and tenements of the defendant, or defendants, or so much thereof as shall be sufficient to satisfy the demand and cost,

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which execution shall bind all property of the defendant, or defendants, from the date thereof, and the cost thereof shall be the same as on Tax Collector's executions by the laws of this State; and the said Marshal shall proceed to advertise and sell in such manner as the laws or ordinances of said city shall direct. Executions for city taxes. Levy and sale. Sec. XVIII. Be it further enacted , That said Mayor and Council shall have authority to levy and collect such taxes as they may deem necessary, and to enforce any of the ordinances of said city by fines, not to exceed one hundred dollars, or imprisonment in the guard-house not to exceed thirty days. Fines. Sec. XIX. Be it further enacted , That the Clerk of the City Council shall open a list for the registration of voters sixy days before any election under this charter, and keep the same open for the next succeeding thirty week days thereafter, and every person qualified to vote may have his name, age, occupation and place of residence recorded therein, or else he shall not be allowed to vote at the said election. It shall be the duty of the Clerk of the City Council to publish in some newspaper printed in said city, or the city of Rome, the names of those who have registered, and also to hand the full and complete list to the managers of the election, to be used by them during and at the election, and returned to him thereafter for safekeeping and preservation. The managers of the election shall have authority to administer the following oath to all such as attempt to vote: You do solemnly swear (or affirm) that you are a citizen of the United States, that you have resided in the State of Georgia six (6) months, and within the corporate limits of this city thirty days immediately preceding this election, that you are twenty-one (21) years of age, that you have paid all lawful taxes due the city which have been required of you, and that you have been duly registered within the time required by law. So help you God. Registration of voters. Oath to voters. Sec. XX. Be it further enacted , That no license, for the sale of any spirituous or malt liquors, shall be allowed sold unless signed by the Mayor, one City Councilman and the Clerk of the City Council, and that no spirituous or malt liquors of any kind, fermented or unfermented, shall be allowed to be sold within the corporate limits except by a duly licensed person, and said Mayor and City Council shall have full power and authority to fix the fee for such license at such sum as they deem proper. Sale of liquors. Sec. XXI. Be it further enacted , That all violations of this Act not herein provided for, or especially provided for by the laws of this State, shall be punished in accordance with section 4310 of the Code. Violations of this Act. How punished. Sec. XXII. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 7th, 1880.

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PUBLIC SCHOOLS FOR TOWN OF BUTLER. No. 48. An Act to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the Mayor and Council of the town of Butler, in Taylor county, are hereby authorized and empowered to levy and collect a tax upon the taxable property of said town annually, provided said tax does not exceed one per cent. for the purpose of defraying the expenses of said town, and establishing and maintaining schools therein. Mayor and Council authorized to levy tax for schools. Amount of tax. Sec. II. Be it further enacted by the authority aforesaid , That the Mayor and Council of the town of Butler, are authorized and empowered to levy and collect a tax upon the taxable property of said town, as well as to appropriate such other moneys in the treasury of said town, derived from licences and other sources, to defray the expenses of maintaining said schools; Provided , the tax on property of said town shall not be increased beyond one per centum. Farther power of taxation. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That all children whose parents, guardians, or natural protectors, who bona fide reside in the corporate limits of said town, shall be entitled to the benefits of said schools. That said Mayor and Council may, in their discretion, charge each pupil attending any of said schools an incidental fee, not to exceed three dollars, and may also admit children in said school whose parents, guardians, or natural protectors do not reside in the corporate limits of said town, upon the payment of such sum as tuition, or incidental fee, as they may deem proper. Who are entitled to benefits of schools. Sec. IV. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have full power and authority to employ teachers for said schools, fix their salaries, and make rules for the government of said schools. Employment of teachers. Sec. V. Be it further enacted by the authority aforesaid , That the white and colored children of said town shall be taught in separate schools. White and colored children to be separate. Sec. VI. Be it further enacted by the authority aforesaid , That said Mayor and Council shall make, or cause to be made, annually, a full and complete list of all the pupils in attendance in said schools, who reside in said Taylor county, and present the same to the County School Commissioner of Taylor county, and said

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School Commissioner is hereby authorized, empowered and directed to pay over to the Treasurer of said town of Butler, or such officer as the Mayor and Council may appoint to receive the same, annually, the proportionate part of the public school fund of Taylor county that would be devoted to the payment of teachers to instruct and teach the pupils attending school in said town in case there were no public schools in said town. List of pupils to be presented to County School Commissioners. Commissioners to pay to proper officers pro rata of school fund. Sec. VII. Be it further enacted by the authority aforesaid , That before this Act shall become operative and go into effect, the Mayor shall order an election, giving at least ten days' notice of the same, to ascertain the sense of the qualified voters of said town as to whether public schools shall be established in said town or not; and if it shall be decided in the affirmative, by the necessary constitutional majority, then said Mayor and Council shall proceed to levy a tax and establish schools as provided for in this Act. Should it be decided in the negative, as to establishing public schools, said Mayor and Councfl may order an election, as provided for in this section, every twelve months, to take the sense of the qualified voters of said town as to the establishment of public schools. Election to determine question as to whether this Act shall go into effect. Result of election. Subsequent elections. Sec. VIII. Be it further enacted by the authority aforesaid , That any election held under this Act shall be held under the same rules and regulations as govern other elections in said town, and the superintendents of said elections shall return to the Mayor and Council aforesaid the result of said election, that said Mayor and Council shall open the returns of said elections in open session, and declare the result, and have it entered upon the minutes of said Mayor and Council. Rules and regulations for elections. Sec. IX. Be it further enacted by the authority aforesaid , That in determining the question whether or not two-thirds of the qualified voters in said town voted in favor of establishing public schools in said town, the number of persons that voted in the last general election in said town shall be taken as a correct ennmeration of the qualified voters in said town. How questions as to two-thirds' vote to be determined. Sec. X. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 25th, 1881.

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SALE OF LIQUORS IN LOUISVILLE PROHIBITED. No. 75. An Act to repeal the first section of an Act entitled An Act to vest the granting of license to sell spirituous liquors in Louisville, Jefferson county, in the Commissioners of said town, or the Clerk of the Superior Court of said county, the charges, etc., for the same; to allow Commissioners to tax all showmen, itinerant traders, peddlers, hawkers, etc.; to make it a misdemeanor to trespass on the town commons or academy lots; to prescribe the place of trial, and punishment for violations of this Act; the dispositions to be made of all the money arising by virtue of the same; to point out the time, etc., for the election of Commissioners of said town, and for other purposes, approved the 5th day of February, 1866, and to prohibit the sale of spirituous, malt, or intoxicating liquors within the town of Louisville, to prescribe a penalty for the violation of the provisions of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the first section of the above and foregoing recited Act be, and the same is hereby, repealed. First section of Act of February 5th, 1866, repealed. Sec. II. Be it further enacted by the authority aforesaid , That, from and after the passage of this Act, it shall be unlawful for any person or persons, directly or indirectly, to sell, vend, or furnish for a valuable consideration, any spirituous, malt, or intoxicating liquors, in any quantity, within the limits of the town of Louisville. Sale of liquors prohibited. Sec. III. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act shall be punished as prescribed in section 4310 of the Revised Code of Georgia. Penalty. Sec. IV. Be it further enacted by the authority aforesaid , That the provisions of this Act shall not apply to whom license to sell or vend intoxicating liquors has already been granted by the Chairman and Commissioners of Louisville, until the expiration of said license. Shall not apply where license has been already granted. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881.

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SYSTEM OF PUBLIC SCHOOLS FOR ROME ESTABLISHED. No. 81. An Act to establish a system of public schools for the city of Rome, and to provide for the support and maintenance thereof, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , (The corporate authorities of the city of Rome having so recommended,) that the Mayor and Council of the city of Rome, Floyd county, Georgia, are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one-fourth of one per cent., on the real and personal property of said city, for the purpose of establishing and maintaining public schools in and for the city of Rome; Provided , the sum so raised shall be used only for the purposes as set forth in this section. Tax for support of public schools. Amount of tax. Sec. II. Be it further enacted by the authority aforesaid , That before this Act shall take effect and become operative, the Mayor of the city of Rome shall order an election, giving at least thirty days notice, to ascertain the sense of the qualified voters, under this Act, at said election, whether public schools shall be established or not in said city. All persons voting at said election shall have written or printed on their ballots the words, For Public Schools, or Against Public Schools, and if the question should be decided affirmatively, by the necessary constitutional majority, it shall be the duty of the Mayor and Council to levy a tax as authorized by section 1 of this Act; and if said question shall be decided negatively, the Mayor and Council are authorized to order other elections upon the same question; Provided , twelve months shall elapse between said elections. Election to determine wish of voters as to establishment of public schools. Ballots. Result of election. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That any election under this Act shall be held under the same rules and regulations as govern in other city elections, except that the voters under this Act shall not be required to register as in other city elections, and the qualifications for voters at said election shall be the same as required by law at elections for Mayor and Aldermen. The notices required to be given by this Act shall be by publication in one or more of the city papers. Rules and regulations of elections. Sec. IV. Be it further enacted by the authority aforesaid , That the Mayor and Council of Rome shall provide for the appointment or election of a Board of Trustees, define their duties, and do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act, to establish and maintain a system of public schools in said city of Rome by local taxation, under the provisions hereinbefore mentioned Board of Trustees.

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Sec. V. Be it further enacted by the authority aforesaid , That the School Commissioner of the county of Floyd is hereby authorized and required to pay over to the Mayor and Council of Rome, for the use of said public schools, under such rules and regulations as said Mayor and Council may prescribe, the proportion of the common school fund, arising from any source, belonging to said city, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the constitution and laws of this State. County School Commissioners to pay over proportion of school fund to Mayor and Council. Sec VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August, 11th, 1881. CHARTER OF ELBERTON AMENDED. No. 116. An Act to alter and amend an Act approved the 19th day of February, 1866, entitled An Act to re-incorporate the town of Elberton, and to give the Town Council of said town certain powers therein specified, and to provide for a Mayor of said town. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this Act there shall be elected at the next annual election of the Town Council of the town of Elberton a Mayor, who shall hold his office until the next general annual election of the Town Council. The Mayor in all cases shall hold his office until his successor is elected and qualified; and, in the event that the office of Mayor shall become vacant by death, resignation, or removal or otherwise, the Mayor pro tem. , or, in case his seat is vacant, a majority of the Town Council shall order a new election by giving at least ten days notice in any of the papers published in the town of Elberton, or at two of the most public places in said town, and said election so held shall be managed in the same manner as is provided for the elections for members to fill vacancies according to the provisions of the charter of said town; Provided , however, if the office of Mayor shall become vacant at any time within two months of the expiration of his term of office, the Mayor pro tem . shall act as Mayor during the balance of said term, and exercise all the rights and powers of Mayor during said term.

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He shall have power to convene the Town Council in extra session whenever in his judgment the exigencies of the case may require it. The Mayor may also be one of the members of the Town Council, and in this event the Mayor by virtue of his office shall be the presiding officer of the Town Council. Election of Mayor. His term. Vacancy. Proviso. Mayor pro tem shall act. Qualifications of Mayor. Sec. II. That the Mayor pro tem shall be elected by and from the members of the Town Council at any meeting of the same, which election shall be entered on the minutes of the Town Council. Election of Mayor pro tem. Sec. III. That the Mayor, or in his absence the Mayor pro tem. , shall have full power and authority to hold at such times and places, and under such rules and regulations as may be prescribed by ordinances, a Mayor's Court for said town, for the trial of offenders against the ordinances of said town, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding fifty dollars, or by work in chain-gang on the public works of said town, not to exceed twelve months; and one or both of these punishments may be ordered, in the discretion of the Mayor, for each offense. The like authority may be conferred upon any three members of the Town Council, to be regulated by ordinance. Mayor's court. Punishments. Sec. IV. That the Mayor shall have full power and authority to punish for contempt, not to exceed ten dollars for each offense. Punishment for contempt. Sec. V. That the Mayor shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrants shall be executed by the Marshal or Chief of Police, and issue subp[UNK]nas, and commit to the jail of the county of Elbert, or any other safe place of custody that may be provided by the Town Council, or to admit to bail offenders for their appearance at the next Superior Court thereafter for the county of Elbert, and it shall be the duty of the jailer of the county of Elbert to receive all such persons so committed, and safely to keep until discharged by due course of law; Provided , that the town authorities shall pay, or provide for the payment of the jail fees of all persons by them placed in the common jail of said county, except the fees of such persons as may be committed for State offenses, and the jailer shall look to the town anthorities alone for his fees, for which they are liable, and may decline to receive such persons until arrangements have been made with him for his fees. Mayor ex officio a justice of the peace. Proviso. Sec. VI. Before entering on the discharge of the duties of his office, he shall take and subscribe the following oath, before some Judge of the Superior Court or Justice of the Peace: I (A B) do solemnly swear that I will, to the utmost of my ability, discharge the duties of Mayor for the town of Elberton during my

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continuance in office, and that I will support the constitution of the United States and of this State. So help me God. Oath of Mayor. Sec. VII. The Mayor, after being so qualified, shall have full power and authority to administer the oath of office to each member of the Town Council, and to administer all oaths necessary in the duties of his office as Mayor. Oath of Councilmen. Sec. VIII. That the Mayor shall be elected annually on the same day and in the same manner as the Town Council, and shall have such compensation for his services as shall be fixed by the Town Council preceding any election for Town Council and Mayor, and said compensation shall not be changed during the term for which he is elected. Election and Compensation of Mayor. Sec. IX. That the Mayor, together with the Town Council, at any time, shall have full power to organize and establish a chaingang for the town of Elberton, for the purpose of working offenders on the public works of said town, and that said chain-gang and the convicts thereof shall be under the control of the Town Council, and regulated by said Council as may be prescribed by ordinance of said town. Chain gang. Sec. X. Be it further enacted , That all laws and parts of laws in conflict with the foregoing sections of this Act be, and the same are hereby, repealed. Approved August 30th, 1881. CHARTER OF MILLEDGEVILLE AMENDED. No. 120. An Act to alter and amend the several laws incorporating the City of Milledgeville, in reference to the election of a Marshal and Deputy Marshal thereof. 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 several laws incorporating the city of Milledgeville, and amendatory thereof, requiring the election of the Marshal and Deputy Marshal of said city to be made by the Board of Aldermen be so amended as to require said officers to be elected by the qualified voters of said city at the same time and in the same manner as now provided for the election of Mayor and Aldermen of said city. Election of Marshal and Deputy Marshal. Sec. II. Be it further enacted by the authority aforesaid , That nothing herein contained shall be so construed as to prevent the Board of Aldermen of said city from removing either or both of said officers upon a proper case made for any malfeasance in office,

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or any neglect of their respective duties, and to proceed by an election in said board to fill any vacancy caused by such removal. Removal of said officers for malfeasance. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved August 30th, 1881. CHARTER OF WEST END AMENDED. No. 124. An Act to amend an Act entitled An Act to incorporate the town of West End, in the county of Fulton, approved October 10th, 1868, and an Act entitled an Act to amend an Act entitled an Act to amend an Act entitled An Act to incorporate the town of West End, approved October 10th, 1868, approved February 23d, 1873, especially as regards police regulations, collection of taxes, suppression of crime, etc. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, the Clerk of the Council shall be Tax Collector and Receiver of Tax Returns of said town of West End, which tax shall be collected at such times and in such manner as the Intendant and members of Council in their by-laws shall direct, and shall pay the taxes so collected over to the Treasurer of said town, on or before the first day of August, 1881, and each and every year thereafter, and the said Clerk of Council shall, as such Tax Collector, receive such sum for his services as may be fixed by the Intendant and Council. Clerk of Council shall be Tax Collector and Receiver. Fees for Clerk. Sec. II. Be it further enacted by the authority aforesaid , That in all cases where any person or persons, citizens of said town, or who have property subject to taxation within the limits of the same, shall fail, refuse or neglect to pay the taxes imposed, according to the original Act of incorporation of said town, the Clerk of the Council shall issue executions for the same, which executions shall be signed by said Clerk and bear test in the name of the Intendant, and be directed to the Marshal of said, town commanding him to levy on the goods, chattels, lands and tenements of the defendants, or so much thereof as shall be sufficient to satisfy the demand and cost, which execution shall bind all the property of the defendants, and the cost thereof shall be the same as on Tax Collector's executions, by the laws of this State, and the said Marshal shall proceed to levy, advertise, and sell said

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personal property in such manner as the laws and ordinances of said town shall or may direct, and in case such tax execution shall be returned by said Marshal, No personal property to be found, then said Marshal shall levy such tax execution on any real estate of the defendant, and after the same shall be advertised once a week for four weeks in the paper in which the Sheriff of Fulton county advertises his sales, it shall be the duty of said Marshal to put up and expose for sale before the door of the court house in said county of Fulton, on the first Tuesday in the month, within the lawful hours of sale, to the highest bidder, for cash, such real estate, or such part of it, if it is capable of division, as will bring the amount of the taxes and costs. Said Marshal shall execute and deliver to the purchaser a deed for such real estate, which shall convey the title of the defendant as fully and effectually as if sold and conveyed by the Sheriff of said county of Fulton. Said Marshal or his deputy shall put the purchaser in possession. Failure to pay taxes. Executions for taxes. Levy and sale. Sec. III. Be it further enacted , That all persons, residents of said town, liable to perform road duty by the laws of this State, shall be liable and subject to work on the streets of said town, under the direction and control of the proper officers of said town; Provided , that the Mayor and Council of said town shall have power to levy a street tax in lieu thereof; and, provided, further , that all persons who shall fail or refuse to pay said tax on or before such day as said Mayor and Council may by ordinance require, the person failing shall be required, upon three days' notice to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be liable to be dealt with, by the Mayor and Council, as for violation of other ordinances of said town. Street work. Street tax. Sec. IV. Be it further enacted , That the Intendant and Council of West End shall have full power and authority to require any person, firm, company or corporation engaged in prosecuting or carrying on, or who may engage in prosecuting or carrying on any trade, business or profession within the corporate limits, of said town, to register their names and business calling or profession annually, and to require such person, firm, company, corporation or association to pay for such registration, and for license to engage in prosecuting or carrying on such business, calling or profession a fee of not exceeding twenty-five dollars per annum. Registration of business and specific taxes. Sec. V. Be it further enacted , That the said Intendant and Council of the town of West End shall have full power and authority to enforce the payment of fines for the violation of the town ordinances of said town, and enforce the payment of street taxes, by compelling parties who fail or refuse to pay such fines or taxes to work on the streets or public works of said town. Collection of fines and street taxes. Sec. VI. Be it further enacted , That the Intendant and Council of the town of West End shall have full power and authority

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to levy a tax on all billiard tables kept or used for the purpose of playing, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins and balls or either, in said town. Tax on billliard tables, ten pin alleys, etc. Sec. VII. Be it further enacted , That the Intendant and Council of West End shall have power to levy and collect from itinerant traders who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax as may be levied on and collected from residents pursuing the same avocations; Provided , that no person shall be prohibited from selling free from tax any number of books, maps, charts or mathematical instruments, made in this State or elsewhere, within said town of West End, unless said books should be of that class inhibited by law. Said Intendant and Council may assess and collect a tax on all brokers in said town, not to exceed one hundred dollars per annum. May also assess and collect a tax on all auctioneers, not exceeding ten per cent. on their sales; also a tax on pawnbrokers, not exceeding fifty dollars per annum. Tax on itinerant traders. Proviso. Tax on brokers and auctioneers. Sec. VIII. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 31st, 1881. CHARTER OF QUITMAN AMENDED. No. 126. An Act to amend an Act entitled An Act to incorporate the town of Quitman, in Brooks county, etc., approved December 19th, 1859, and the several Acts amendatory thereof, so as to provide that the Board of Aldermen shall be increased to six; also, to provide that any vacancy occurring in the Board of Aldermen, shall be filled by an election by the Mayor and remaining Aldermen, and to confer additional powers on said Mayor and Aldermen, and further, to provide that the offices of Clerk and Treasurer of said town shall be consolidated, and the duties of both offices be performnd by one person, who shall not be a member of said board Section I. Be it enacted by the General Assembly of Georgia , That the Board of Aldermen, of said town of Quitman, shall be increased from four to six. Number of Aldermen increased to six. Sec. II. Be it further enacted by the authority aforesaid , That any vacancy occurring in said Board of Aldermen by death, resig nation or otherwise, shall be filled by an election by the Mayor and remaining Aldermen. Vacancies.

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Sec. III. Be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said town shall have power to pass all by-laws and ordinances, and it is hereby made their duty to pass all such laws and ordinances as are necessary to protect the property in said town from destruction by fire, and to that end shall establish fire districts; also, to pass all laws and ordinances necessary for the promotion of the health of said town, and to remove or abate nuisances therein. By-laws and ordinances. Protection from fire. Sec. IV. Be it further enacted by the authority aforesaid , That said Mayor and Board of Aldermen shall be empowered to assess and collect a license fee, to be fixed by said board, from all persons or person who keep a billiard table, ten-pin alley, or any other gaming table, with or without a name, to assess and collect a specific tax out of hotel keepers and boarding houses, livery stables, transient dealers in live stock, peddler, huckster, and out of all such other callings or pursuits as they may see proper so to do. License fees. Specific taxes. Sec. V. Be it further enacted by the authority aforesaid , That it shall be the duty of said Mayor and Aldermen, after their election and qualification to select from one of their number a Mayor pro tem. , whose duty it shall be to preside over the meetings of said board, and do all other acts pertaining to said Mayor's office in the absence, for any cause, of said Mayor. Said Board of Aldermen are authorized and required to appoint a City Attorney, and prescribe his duties and fix his salary. Mayor protem. City Attorney. Sec. VI. Be it further enacted by the authority aforesaid , That the office of Clerk and Treasurer of said town shall be consolidated, and the duties of both of said offices shall be performed by one person, who shall not be a member of said Board of Aldermen. Clerk and Treasurer. Sec. VII. Be it further enacted by the authority aforesaid , That sections one and six of this Act shall not take effect until the day of the next annual election of Mayor and Aldermen in said town. Sections one and six of this Act to take effect Sec. VIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 31st, 1881.

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ESTABLISHMENT OF PUBLIC SCHOOLS IN SANDERSVILLE. No. 144. An Act to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining Public Schools in said city, and to authorize the County School Commissioner of Washington county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof; and to authorize the City Council of said city to appropriate the proceeds from the grant of licenses to retail spiritous liquors in said city; and, also, the interests and dividends from the city's investment in the Sandersville and Tennille Railroad, to said public school purposes. Section I. The General Assembly of the State of Georgia do enact , That John N. Gilmore, Coleman R. Pringle, Mark Newman, Beverly D. Evans, Morris Happ, Thomas M. Harris, Geo. W. H. Whitaker, Aylesbury Mathis, Edward A. Sullivan, Stephen B. Jones, B. T. Rawlins, Isaac Herman, John B. Roberts, H. N. Hollifield, and P. R. Taliaferro be, and they are hereby, appointed a Board of Education for the city of Sandersville, who shall have power and authority to fill all vacancies which may occur in their body by death, resignation, removal from said city or otherwise. Board of Education. Vacancies. Sec. II. Be it further enacted by the authority aforesaid , That said Board of Education of said city of Sandersville shall have perpetual succession, and shall be authorized to devise, design and adopt a plan of public instruction in the city of Sandersville, and to modify the same from time to time, establish such schools as they may see proper, to prescribe the curriculum, appoint teachers for said schools, and a superintendent for the same if deemed necessary, suspend or remove such teachers or superintendent, fix the compensation, provide, by rent, purchase, or building of school houses, make and hold titles to the same, and make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools not contrary to the laws of this State. Powers of the Board. Sec. III. And be it further enacted by the authority aforesaid , That the officers of said Board of Education shall consist of a president, vice-president, secretary and treasurer who, with such other officers as they may deem advisable, shall be elected by them. But no member of said Board of Education shall be superintendent. They shall require of the treasurer a bond with good securities, to be judged of by them, for the faithful performance

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of his duties, and shall fix the compensation of the treasurer (whenever they may deem it proper to allow a compensation.) All the officers of said board shall hold their offices at the pleasure thereof. Officers of Board. How chosen. Bond of Treasurer His salary Term of officers. Sec. IV. And be it further enacted by the authority aforesaid , That said Board of Education shall keep regular minutes of its proceedings, and shall furnish, from time to time, to the City Council, an estimate of the funds required for the maintenance of said public schools, and shall make a report annually on the fourth Monday in August, to the City Council, the condition of said public schools, their receipts and expenditures for the year then ending, which report shall be published in the Sandersville city papers. Duties of Board. Report. Sec. V. And be it further enacted by the authority aforesaid , That the revenues derived by the corporation of the city of Sandersville from the following named sources be, and they are hereby, appropriated for the maintenance of the said public schools in said city: 1st. All the proceeds from grants of licenses to retail spirituous liquors in said city. 2d. All the interests and dividends derived annually from the city's investment in the Sandersville and Tennille Railroad Company. 3d. The city's pro rata share of the State school fund. 4th. Whenever the Board of Education of said city shall deem it necessary to increase the funds for the maintenance of said public schools, the Mayor and Council of said city of Sandersville be, and they are hereby, authorized and required to levy, impose and collect such tax upon the taxable property of the city as will be necessary to carry out the provisions of this Act, but such tax shall not exceed one-half of one per centum per annum upon said taxable property. But no tax shall be levied and collected, under and by virtue of this Act unless the question has first been submitted to the qualified voters resident within the corporate limits of said city of Sandersville, and two-thirds of the same have voted for taxation. All such elections shall be conducted as other elections are now held in said city for corporate officers, and voters shall have written or printed on their ballots, For Taxation, or Against Taxation. If two-thirds of such voters do not vote in favor of the proposed taxation, it shall not be legal to have another election upon this subject until after the expiration of two years from the date of said last election. Revenues of city appropriated to schools. Liquor licenses. City's interest in Sandersville and Tennille railroad. Mayor and Council may impose a tax. Not to exceed one-half of one per cent. Question of tax must be submitted to vote. How election is to be conducted. Sec. VI. And be it further enacted by the authority aforesaid , That all sums raised and appropriated for educational purposes under this Act shall be turned over to the Board of Education of said city, and said board shall also be entitled to receive from the State authorities their pro rata share of the State school fund, and the School Commissioner of the county of Washington is hereby authorized and required to pay over to said Board of

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Education, of said city of Sandersville, the pro rata share of the State school fund as other schools of the county may be entitled to. Funds to be turned over to Board of Education. Pro rata of State school fund. Sec. VII. And be it further enacted by the authority aforesaid , That said Board of Education of said city are hereby authorized and required to provide separate schools for the white and colored children of said city, and said schools shall be kept open and free during not less than nine scholastic months in each year, and all children in said city between the ages of six and eighteen years, whose parents or guardians are residents of said city, shall be entitled to the benefits thereof, and said Board of Education may also provide for the admission of children residing out of said city, or students and pupils not within the foregoing ages, upon payment of reasonable rates of tuition, to be prescribed by said Board of Education, who may also require the payment, by all pupils, of an incidental fee of not exceeding two dollars per scholastic year. Separate schools for white and colored pupils. To be kept open nine scholastic months. Sec. VIII. And be it further enacted by the authority aforesaid , That the said Board of Education of the city of Sandersville be, and they are hereby, made capable in law of taking, receiving, holding and applying any grants or donations, whether of money or property, made by any person or corporation, for the benefit of said schools, and may at any time so alter their by-laws, rules and regulations as to conform to any conditions required for the acceptance thereof; Provided , they are not contrary to the laws of this State. Board may receive and apply grants, donations, etc. Sec. IX. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 8th, 1881. CHARTER OF CLARKSVILLE AMENDED. No. 166. An Act to repeal Section 3 of an Act entitled an Act to amend an Act entitled An Act to incorporate the town of Clarksville, in the county of Habersham, to appoint Commissioners for the same, and for other purposes, approved December 9th, 1871. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, Section 3d of an Act entitled An Act to amend an Act entitled an Act to incorporate the town of Clarksville, in the county of Habersham, to appoint Commissioners for the same, and for other

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purposes, approved December 9th, 1871, which reads as follows: That the seventh section be amended by adding the following: `They also, with the consent of the Ordinary or Board of Commissioners of Roads and Revenues, may use the county jail as a place of confinement of offenders against the ordinances of the town, or without such consent may provide a proper place for their confinement,' be, and the same is hereby, repealed. Section of charter giving use of county jail for confinement of prisoners, repealed. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 13th, 1881. CHARTER OF PALMETTO AMENDED, No. 173. An Act to amend an Act entitled An Act to incorporate the town of Palmetto, of the county of Campbell, and to appoint Commissioners for the same, and other purposes therein mentioned, approved February 18th, 1854, by changing the corporate name of said town from a Board of Commissioners to a Mayor and Council, and by providing for the election of such Mayor and Council, and by conferring certain specific corporate powers on them, and for other purposes herein mentioned. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, the corporate name of the town of Palmetto, in the county of Campbell, in said State, be The Mayor and Council of the Town of Palmetto, and that by said name the said town may sue and be sued, plead and be impleaded, contract and be contracted with, and take, receive, hold, transfer and have transferred to them, such property, both real and personal, as is needful for the corporate purposes of said town, and said Mayor and Council are hereby invested with all the powers of the Commissioners of said town. Corporate name changed. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That the Mayor shall have power to hear and determine all cases brought before him in the absence of the other council members, and have full power, and it shall be his duty, to see the laws duly executed in said town. Appeals may be taken from the decisions of said Mayor to a full board, at their regular meetings, or to a

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called meeting, when in the judgement of the Mayor it is proper to call a meeting; Provided , the party interested shall pay all costs incurred in the trial of the case, and give a good and sufficient bond for his appearance at such meetings. If, on the trial of the case before the full board the appellant gains his cause, or is acquitted, the costs so paid by him shall be repaid to him. Powers of Mayor. Appeals from his decision. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have power to levy and collect a tax on all real estate in said town, not to exceed one-fourth of one per cent. Power of Mayor and Council to tax real estate. Sec. IV. Be it further enacted by the authority aforesaid , That the said Mayor and Council shall have full power to regulate the sale of spirituous liquors, and levy such tax upon it as they may deem fit, within the limits of said town. May regulate sale of spirituous liquors. Sec. V. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have power to levy a tax on all billiard tables, and other tables of like character, and on all ten-pin alleys and other like alleys, and shall further have authority to tax all shows, exhibitions, and other performances, which by the law of this State are subject to taxation; and shall also levy a tax on all peddlers and auctioneers carrying on their business in said town. Tax on billiard tables, alleys, shows, etc. Sec. VI. Be it further enacted by the authority aforesaid , That there shall be a Mayor and four Council members for said town to be selected in the following manner: Immediately after the passage of this Act, or so soon as practicable, the Commissioners of said town shall meet and select one of their numbers as Mayor, who with the remaining four members, shall discharge the duties of Mayor and Council until the first Saturday in January, 1882, and until their successors are duly elected and qualified, on which day, and on the first Saturday in January annually thereafter, a Mayor and Council shall be elected for said town. Selection of Mayor and Council. Sec. VII. Be it further enacted by the authority aforesaid , That all elections for Mayor and Council for said town shall be held by three managers, one of whom shall be a Justice of the Peace, resident in said town, if possible, the other two managers shall be freeholders resident in said town, and in case no Justice of the Peace in said town can be had to serve, then three freeholders of said town may hold said election. The manner of holding said election shall be prescribed by the Mayor and Council. In said election the qualifications of electors shall be the same in said town as those now prescribed by law for the election of members of the General Assembly of this State. Subsequent elections. Qualifications of voters. Sec. VIII. Be it further enacted by the authority aforesaid , That when such election shall be closed, it shall be the duty of the managers to issue to the person receiving the highest number of votes for Mayor a certificate of his election, and also a certificate

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to the four persons receiving the highest number of votes for Council members; and those, thus receiving the highest number of votes, shall constitute the Mayor and Council for the ensuing year, and till their successors are elected and qualified. Result of election. Sec. IX. Be it further enacted by the authority aforesaid , That before entering upon any of the duties of the aforesaid offices, the person so elected thereto shall take and subscribe the following oath before some person authorized by law to administer an oath, or before the retiring Mayor: I do solemnly swear that that I will, to the best of my ability, discharge the duties of said office for the town of Palmetto during my continuance in office, so help me God. Oath of office. Sec. X. Be it further enacted by the authority aforesaid , That the Mayor of said town shall be paid per annum a sum not to exceed one hundred dollars, in the discretion of the Council, and that the Council of each year fix the salary of the Mayor for the next ensuing year; Provided , That the remuneration of the Mayor for the remainder of the year 1881 may be fixed by the four Council members. Salary of Mayor. Sec. XI. Be it further enacted by the authority aforesaid , That said Mayor and Council, at the first meeting after the election and qualification in each year, shall elect a Clerk, a Marshall (and a deputy, if needful,) and from their own number a Treasurer, from all of whom a good bond shall be taken in such sum as the Council may prescribe, to be approved by the Mayor, conditioned for the faithful discharge of their duties. Clerk and Marshal. Sec. XII. Be it further enacted by the authority aforesaid , That the Mayor and Council shall have authority to pass all such by-laws and ordinances not in conflict with the laws of this State, which may be needful for the corporate purposes and for the government of said town, and the by-laws and ordinances passed by the Commissioners of said town, where not in conflict with this Act, are hereby continued in force. By-laws and ordinances. Sec. XIII. Be it further enacted by the authority aforesaid , That no money shall be drawn from the treasury of said town, except on the draft of the Mayor, after order by the Council that he draw such draft. How money may be drawn from Treasury. Sec. XIV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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CORPORATE LIMITS OF BOWDON CHANGED. No. 182. An Act to amend the corporate limits of the town of Bowdon, in Carroll county, and for other purposes. 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 the town of Bowdon, in Carroll county, be so changed as to exclude from said corporation lots of land Nos. 142, 151, 152, and 133, in the ninth district of said county, on which lands reside R. Y. Seay, D. B. Nail, and A. B. Mitchell. Certain lots of land excluded. Sec. II Be it enacted , That all laws and parts of laws in conflict with the above be, and the same are hereby, repealed. Approved September 13th, 1881. TOWN OF ARLINGTON INCORPORTED. No. 190. An Act to incorporate the town of Arlington, in the counties of Calhoun and Early, and provide for the election of a Mayor and Aldermen for said town, and to define the corporate limits of said town, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the town of Arlington, in the counties of Calhoun and Early, is hereby incorporated as a town under the name of the town of Arlington. Arlington Incorporated. Corporate name Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one-half mile in every direction from the depot of the Southwestern railroad in said town. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That an election shall be held on the first Tuesday in October, 1881, for a Mayor and five Aldermen, who shall serve until their successors shall have been elected and qualified. Election for Mayor and Aldermen. Sec. IV. Be it further enacted by the authority aforesaid , That on the first Tuesday in September, 1882, a second election shall be held for Mayor and Aldermen of said town, and annually thereafter on the first Tuesday in September, but no one shall vote for, or be eligible to the office of, Mayor or Aldermen, who

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does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Subsequent elections. Qualifications for office Rules for elections. Sec. V. Be it further enacted by the authority aforesaid , That before entering on the discharge of their duties, the Mayor and each Alderman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor (or Alderman, as the case may be), of the town of Arlington to the best of my ability and understanding, so help me God. Oath of officers. Sec. VI. Be it further enacted by the authority aforesaid , That said Mayor and Aldermen shall have power and authority to elect such Marshals, Clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such subordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. Sec. VII. Be it further enacted by the authority aforesaid , That the Mayor and each Alderman shall be ex officio a Justice of the Peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or to commit him or her to jail for violation of the laws of the State, and to commit to the guard-house for any violation of the ordinances of said town. Mayor and Aldermen ex officio Justices of the Peace. Sec. VIII. Be it further enacted by the authority aforesaid , That said Mayor and Aldermen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town, which are not inconsistent with the laws of this State or United States. Ordinances and by-laws. Sec. IX. Be it further enacted by the authority aforesaid , That said Mayor and Aldermen shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town; they may require a license, not exceeding fifty dollars, on ten-pin alleys, billiard tables and pool tables, and other establishments calculated to encourage idleness, and on all shows and exhibitions performing for the purpose of gain, and shall have power to regulate the sale of liquors in said corporation, and to fix the amount to be paid for license to sell spirituous liquors in said town, and to make ordinances for the abatement of nuisances and removing

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obstructions from the streets of the town, and to lay out streets and regulate the width and length of the same. They also shall have power to require all persons within said corporation, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on said streets, and shall have power to imprison any defaulter who fails or refuses to work on said streets when required, in the guard-house of said town, not exceeding three days for each day he fails or refuses to work. Taxation. Licenses. Sale of liquors. Nuisances, etc. Sec. X. Be it further enacted by the authority aforesaid , That the Mayor of said town, and in his absence, Mayor pro tem. , (who shall be elected by the Aldermen from their own number) shall be the chief executive officer of said town, he shall see that ordinances, by-laws, rules, and orders, made by the Mayor and Aldermen are faithfully executed, he shall have control of the police of said town, and may appoint special police when he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the guard-house of said town; Provided , that no fine shall exceed the sum of fifty dollars, and no imprisonment be longer than thirty days, for each offense. And in case the defender should be dissatisfied with judgment of the Mayor, he shall have the right of appeal to the Council, upon the payment of all costs which have accrued up to the time of entering the appeal; provided that the entering of such appeal shall not operate to release the defendant from custody without giving such bond and security for his appearance as may be approved by the proper officers of said town. Powers of Mayor. Appeal from Mayor's decisions. Sec. XI. Be it further enacted by the authority aforesaid , That if, at any time, the office of Mayor or Alderman shall become vacant by death, resignation, or otherwise, the remaining members of the Council shall order an election to fill said vacancy, of which election at least ten days' notice shall be given, either by advertisement in some public gazette of said city, or by posting in two or more public places. Vacancies. Sec. XII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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TOWN OF RISING FAWN INCORPORATED. No. 191. An Act to incorporate the town of Rising Fawn, in the county of Dade, and to grant powers and privileges to the same, and for other purposes. 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 the town of Rising Fawn, in the county of Dade, be, and the same is hereby, incorporated. The corporate limits of said town shall extend to Lookout creek, on the east, to the original land-line between lots of land 81 and 82, and 80 and 83, on the south, to the original land-line between lots of land 79 and 80, on the west, and the original land-lines between lots of land numbers 73 and 80, and 72 and 81, on the north, to where said line crosses Lookout creek. Rising Fawn incorporated Corporate limits. Sec. II. Be it further enacted , That the first election under this Act shall be held on the first Saturday in October, 1881, for five Commissioners of said town, and the Commissioners so elected shall hold their offices until the second Saturday in January, 1882, when an election shall be held for their successors, and annually thereafter the board of five Commissioners for said town shall be elected on the second Saturday in January. All elections held under this Act shall be held under the same rules and regulations now prescribed for election of Justices of the Peace, and all persons entitled to vote for members of the General Assembly, who are bona fide citizens of said town, and have been for twenty days next preceding said election, shall be entitled to vote for said commissioners. First election for Commissioners. Term of Commissioners. Subsequent elections. Qualifications of voters. Sec. III. Be it further enacted , That the Commissioners so elected shall, as soon as convenient, elect one of their number President of the Board of Commissioners of said town, and shall have power to appoint a Marshal, Clerk and Treasurer, who shall be sworn before some officer of this State authorized to administer oaths, to faithfully discharge their duty as such officers to the best of their skill and ability. President of Board. Other officers. Oath. Sec. IV. Be it further enacted , That the President and Commissioners provided for in this Act, or a majority of them, shall hold their meetings at such times and places, in the limits of said town, as they may think proper, and shall have power to adopt such by-laws, regulations, and ordinances as may in their judgment be necessary for the preservation of the good order, security, peace and welfare of said town, not repugnant to the constitution and laws of this State or the United States. They shall have power to

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levy a tax on real and personal property within the limits of said town, not exceeding twenty-five per centum on the State tax, for town purposes; Provided , that no tax shall be levied upon any farm lands within said corporation. They may require license, not exceeding fifty dollars, upon all shows and exhibitions for gain, upon ten-pin alleys, billiard tables, and other like establishments. They shall have power to regulate or prohibit the sale of intoxicating liquors or bitters within the limits of said incorporation; provided , that in no case shall the town license exempt from State license; and, provided, further , that nothing in this Act contained shall be held or construed to authorize the sale of any spirituous, malt or intoxicating liquors within three miles of the iron furnace, railway, or coal mines of the Walker Iron and Coal Company, owners of the iron furnace, railway, and coal mines formerly owned by the Rising Fawn Iron Company, and shall have power to abate nuisances and remove obstructions from the streets in said town. They shall have power to punish offenders for a violation of any rule, by-law, or regulation of said town, by fine not exceeding twenty-five dollars, work on the public streets not exceeding ten days, or both, and may require all road hands living in said town to work the streets thereof, not exceeding fifteen days, or in lieu thereof to pay one dollar per day, which shall be used to keep up the steets, and all persons who live in said corporation shall not be liable for other road duty than above specified. Powers of Board of Commissioners. Taxation. Proviso. Licences. Sale of intoxicating spirits. Nuisances. Punishments. Sec. V. Be it further enacted , That all assessment of taxes, fines, pains and penalties, recoverable by this Act, may be enforced by execution, which shall be issued by the Clerk and indorsed by the President, which shall be levied by the Marshal, who shall sell the property under the same rules as govern Constable's sales, but when the Marshal shall have levied on land, the execution shall be turned over to the Sheriff of said county, who shall advertise and sell as now provided by law for Sheriff's sales. Executions for taxes, fines, etc. Sales by Marshal. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881.

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ELECTION FOR MAYOR AND ALDERMEN IN EASTMAN. No. 199. An Act to fix the time for the election of Mayor and Aldermen of the town of Eastman, in the county of Dodge, to prescribe qualifications for voters, and to require all voters to register, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the time for holding the election for Mayor and Aldermen for the town of Eastman, in the county of Dodge, shall be on the second Monday in January of each year. That no person but a male citizen twenty-one years of age, who shall have resided in this State for twelve months, in the county six months, and in the town of Eastman for three months, next preceding the election, and who shall have registered as hereinafter provided, shall vote at such election. Time of elections. Qualifications of voters. Sec. II. Be it further enacted by the authority aforesaid , That all persons entitled to vote, and desiring to vote, for Mayor and Aldermen for the town of Eastman, in the county of Dodge, shall go before the Clerk of the Council of said town of Eastman, and have their names entered in a book to be kept by him for that purpose, giving the date of such entering, at least five days before each election at which he shall desire to vote, and it shall be the duty of said Clerk to furnish the managers of such election with a list of all persons entitled to vote at such election, before the polls are opened. Registration of voters. Sec. III. Be it further enacted by the authority aforesaid , That such election shall be conducted and returns made as now provided by the charter of said town of Eastman, not in conflict with this Act, and no one shall vote at such election who has not had his name registered as provided in the preceding section of this Act, and, at the time of registering, has not taken, before such Clerk of the Council, the following oath, to-wit: I do swear that I am twenty-one years of age, that I have resided in this State twelve months, in this county six months, and in the town of Eastman for three months, next preceding this, or will have done so by the time of the election, and have paid all taxes which have been required of me previous to this year, and which I have had an opportunity of paying, so help me God. Regulations for elections Oath of voters. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881.

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CHARTER OF GREENVILLE AMENDED. No. 200. An Act to amend an Act to extend and define the corporate limits of the town of Greenville in the county of Meriwether, to provide for the election of Intendant and Commissioners for the same, to define their powers, and for other purposes therein named, approved January 14th, 1852, so as to prescribe additional qualifications for the electors of said town; also to change the time for holding the elections for Intendant and Commissioners, and the manner of filling vacancies that may occur in the Board of Commissioners, also to confer additional powers upon the Intendant and Commissioners of said town, and to contract the limits of the same. 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 section 1 of the above recited Act, which is in the words following, to-wit: That the inhabitants of said town of Greenville, in the county of Meriwether, entitled to vote for members of the General Assembly shall assemble at the court house on the first Saturday in January, and in each year thereafter, and by ballot elect one Intendant and four Commissioners for said town, who shall continue in office one year, and until their successors are elected, which election may be held by any Justice of the Peace or Justice of the Inferior Court, of said county and one freeholder, or in the absence, or failure, or refusal of a Justice to act, by any two freeholders of said town. And if said election should not be held on the day herein appointed, it may be held on any other day; Provided , ten days' notice of such election shall be given in two public places in said town. Said Intendant and Commissioners, or if no Intendant, the said Commissioners, shall have full power to fill all vacancies that may occur in the board by death, resignation, or otherwise, be amended so as to read as follows, to-wit: That the inhabitants of said town of Greenville, who are qualified to vote for members of the Legislature, and who shall have resided in the corporate limits of said town for six months previous to each election, and who shall have paid all legal taxes required of them by the authorities of said town, shall assemble at the court-house on the first Saturday in April in each and every year, and by ballot elect an Intendant and four Commissioners for said town, who shall continue in office one year, and until their successors are elected, which election may be held by the Ordinary, or by any Justice of the Peace of said county, and two freeholders of said town, or in the absence, or failure, or refusal of

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the Ordinary or Justice to act, by any three freeholders of said town. And if said election should not be held on the day herein appointed, it may be held on any other day; provided , ten days' notice of such election shall be given in two public places in said town, by five freeholders thereof, and all vacancies occurring in the board by death, resignation, or otherwise, shall be filled by election, after notice given as above prescribed. Time for election of Intendant and Commissioners changed. Qualifications of voters. Term of officers. Vacancies. Sec. II. Be it further enacted , That the second section of said Act be amended by striking out the words to levy and collect fines for any and all violations of such laws and ordinances and to imprison offenders, in 12th, 13th and 14th lines of said section, and inserting in lieu thereof to punish any person guilty of a violation of any law or ordinance of said town by a fine not to exceed twenty five dollars, imprisonment not to exceed twenty days, to work on the public streets and sidewalks of said town not to exceed twenty days, and any one or more of these punishments may be ordered in the discretion of the Intendant and Commissioners, so that said section as amended will read as follows: That the said Intendant and Commissioners and their successors shall be a body corporate under the name and style of The Intendant and Commissioners of the town of Greenville, and in said name shall sue and be sued, plead and be impleaded, answer and be answered unto, and shall have a common seal, and shall have full power to pass all laws and ordinances which they, or a majority of them, shall deem best for the good of said town, not repugnant to the constitution and by-laws of this State and the United States; and they shall have power to appoint officers for the enforcement of said laws and ordinances; shall have power to punish any person guilty of a violation of any law or ordinance of said town by a fine not to exceed twenty-five dollars, imprisonment not to exceed twenty days, to work on the public streets and sidewalks of said town not to exceed twenty days, and any one or more of these punishments may be ordered in the discretion of the Intendant and Commissioners; shall have power to levy and collect a poll-tax not exceeding one dollar, and a tax on the property of the citizens of said town, which shall not exceed the tax required by the State; and may issue execution for the collection of all fines, penalties, and taxes, and enforce the same by levy and sale through such officers as they shall appoint, and in such manner as they shall direct. Punishment of offenders against ordinances. Tax. Executions for fines, taxes, etc. Sec. III. Be it further enacted , That the third section of said Act be amended by inserting the words for gain after the word exhibitions in the third line, also by striking out the words for persons of color, in the fourth line, and inserting in lieu thereof ininerant dealers and persons selling by samples, wholesale or retail dealers of ardent spirits and malt liquors, billiard tables and any other tables of like character, and the exercise

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of any profession, trade, occupation or specific business; Provided , that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax Act; to abate nuisances, so that the section shall read, as amended, as follows: That said Intendant and Commissioners shall have power to tax all shows and exhibitions for gain, of any character, all places and establishments of amusement, to tax peddlers, itinerant dealers and persons selling by sample, wholesale and retail dealers of ardent spirits, and malt liquors, billiard tables, and any other tables of like character, and the exercise of any profession, trade, occupation or specific business; provided , that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax Act, to abate nuisances, and to pass and enforce all other laws and ordinances which they shall deem best for the health, morality and good of said town, and all by-laws and rules for the government of their board not repugnant to the constitution of the United States and the constitution and laws of this State. Tax on shows, tables, etc. Specific taxes, and taxes on sale of ardent spirits. Nuisances. By-laws and rules. Sec. IV. Be it further enacted , That the fourth section of said Act be amended by inserting after the word court-house the words except on the north, and it shall extend in that direction on the Newnan road to the foot of the hill south of the first branch, and thence east and west to the original corporation line, so said section shall read, when amended, as follows: That the corporate limits of said town shall extend one-half mile in every direction from the court-house, except on the north, and it shall extend in that direction on the Newnan road to the foot of the hill south of the first branch, and thence east and west to the original corporation line, and the inhabitants shall not be subject to work on the roads outside the corporate limits of said town, and the streets and public roads in said town shall be under the control of said Intendant and Commissioners. Corporate limits changed. Sec. V. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 14th, 1881.

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TOWN OF PELHAM INCORPORATED. No. 203. An Act to incorporate the town of Pelham, in the county of Mitchell, and provide a government for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Pelham, in the county of Mitchell, be, and the same is hereby, incorporated as a town, under the name of the town of Pelham. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extent one-half () mile in every direction from the depot of the Savannah, Florida and Western railroad in said town. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That J. L. Hand be, and he is hereby, appointed Mayor, and Cornelius Lightfoot, G. F. Green, J. C. Rhodes, and J. L. Glozier be, and they are hereby, appointed Councilmen of said town of Pelham, to hold their offices until the first annual election, as hereinafter provided. Mayor and Councilmen. Sec. IV. Be it further enacted , That on the second Tuesday in January, 1882, and annually thereafter, on the same day, an election shall be held in the council-chamber in said town for a Mayor and four Councilmen, who shall hold their offices for one year, and until their successors are elected and qualified; but none shall vote for or be eligible to the office of Mayor or Councilmen of said town who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election for Mayor and Council. Term. Qualifications of officers and voters. Regulations for election. Sec. V. Be it further enacted , That before entering on the discharge of their duties the Mayor and Councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me, as Mayor (or Councilman, as the case may be,) of the town of Pelham, according to the best of my ability and understanding, so help me God. Oath of officers. Sec. VI. Be it further enacted , That said Mayor and Councilmen shall have power and authority to elect such Marshals, Clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to

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prescribe the fees and duties of said subordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. Sec. VII. Be it further enacted , That the Mayor and each of said Councilmen shall be ex officio a Justice of the Peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail, for violation of the laws of the State, and to admit to bail or commit to the guard-house for violations of the ordinances of said town. Mayor and Council ex officio Justices of the Peace. Sec. VIII. Be it further enacted , That said Mayor and Councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, and protection of property from loss or damage by fire therein; Provided , they be not repugnant to the constitution and laws of this State and of the United States. Laws and ordinances. Sec. IX. Be it further enacted , That said Mayor and Councilmen shall have power to levy and collect a tax of not exceeding three-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Tax. Street work. Sec. X. Be it further enacted , That said Mayor and Councilmen shall have the power to regulate the sale of intoxicating liquors in said town, to grant licenses; Provided , the applicant for license shall, in addition to complying with all the requisites of the law as it now stands, and any local law that may hereafter be enacted for the county of Mitchell, present to said Mayor and Councilmen, to be filed in the office of the Clerk of said Council, the written consent of two-thirds of the citizen freeholders bona fide dwelling on their freeholds, and for six months continuously, prior to such consent, within three miles of the depot of the Savannah, Florida and Western railroad in said town; to fix the fee for the same, when granted, and to impose penalties upon any person selling liquors in said town without license. Sale of intoxicating liquors. Applicant for license must have consent of two-thirds of freeholders. Sec. XI. Be it further enacted , That the Mayor of said town, and in his absence the Mayor pro tem. , (who shall be elected by the Councilmen from their own number,) shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the Council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected,

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and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the guardhouse of said town not exceeding thirty days. Duties of Mayor. Executions. Sec. XII. Be it further enacted , That if at any time the office of Mayor or Councilman shall become vacant by death, resignation, or otherwise, the remaining members of the Council may fill such vacancy by appointment from among the citizens of said town, eligible to such office under the provisions of this charter. Vacancies. Sec. XIII. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 14th 1881. CHARTER OF DAHLONEGA AMENDED. No. 207. An Act to amend the several Acts incorporating the town of Dahlonega. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Dahlonega, in the county of Lumpkin, be, and the same is hereby, incorporated under the name of the town of Dahlonega. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one mile in every direction from the court-house in said town, and shall include all persons and property within a radius of that distance. Corporate limits. Sec. III. Be it further enacted , That on the first Saturday in December, 1881, and annually thereafter, on the same day, an election shall be held in the council-chamber in said town for a Mayor and four Councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of Mayor or Councilmen of said town who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State, or has failed to pay his town taxes. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections for Mayor and Councilmen. Term. Qualifications. Rules for elections.

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Sec. IV. Be it further enacted , That before entering on the discharge of their duties the Mayor and each Councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Councilman, as the case may be,) of the town of Dahlonega, according to the best of my ability and understanding, so help me God. Oath of officers. Sec. V. Be it further enacted , That said Mayor and Councilmen shall have and exercise any or all of the powers enumerated in Section 786 of the Code of Georgia, enacted for the government of the towns and villages of this State. Powers of Mayor and Councilmen. Sec. VI. Be it further enacted , That the Mayor of said town shall be ex officio a Justice of the Peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, where the offense is bailable, or commit him to jail for any violations of the laws of this State, and to admit to bail, or commit to the guard-house, for violation of the ordinances of said town. Mayor ex officio a justice of the peace. Sec. VII. Be it further enacted , That said Mayor and Councilmen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; Provided , they be not repugnant to the constitution and laws of this State nor of the United States. Ordinances and by-laws Sec. VIII. Be it further enacted , That said Mayor and Councilmen shall have power to levy and collect an annual tax of not exceeding one per cent. upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Tax. Street work. Sec. IX. Be it further enacted , That said Mayor and Councilmen shall have full power and authority to enforce the collection of taxes levied upon any and all property in said town, by levy and sale under and by process of execution issued by the Mayor of said town, and sold by the Marshal of said town, and that the collection of all street tax shall be enforced by compelling the person to labor upon the streets or public works of said town, under such regulations as may be adopted by the Mayor and Councilmen of said town. Collection of taxes. Sec. X. Be it further enacted , That said Mayor and Councilmen shall have full power and authority to work on the streets of said town any person or persons convicted of a violation of the ordinances of said town, when said person or persons refuse or

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fail to pay the fine imposed; Provided , said punishment shall not exceed ten days, and no fine imposed shall exceed fifty dollars. Failure to pay fines. Sec. XI. Be it further enacted , That the Mayor of said town, and in his absence the Mayor pro tem . (who shall be elected by the Councilmen from their own number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the Council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; and it shall be his duty to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and cost imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender, or order the offender to be worked on the public streets of said town (under such regulations as the Mayor and Councilmen may adopt, not exceeding ten days). Powers of Mayor. Sec. XII. Be it further enacted , That if at any time the office of Mayor or Councilman shall become vacant, by death, resignation or otherwise, the remaining members of the Council may fill such vacancy, by appointment, from among the citizens of said town eligible to such office under the provisions of this charter. Vacancies. Sec. XIII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. TOWN OF LEARY INCORPORATED. No. 214. An Act to incorporate the town of Leary, in the county of Calhoun; to grant election powers and privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the town of Leary, in the county of Calhoun, shall be a body corporate, with the corporate limits of said town extending three quarters of a mile in every direction south and east, and three quarters of a mile in every direction north and west from the South western Railroad depot in said town. Said corporation may sue and be sued, plead and be impleaded, make and publish such ordinances and by-laws as may promote the interest of said town, and do all

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other acts usually allowed corporations of this character; Provided , they be not in conflict with the constitution of this State and of the United States. Corporate name. Limits. Rights and liabilities. Sec. II. Be it further enacted by the authority aforesaid , That B. F. Bray, W. T. Simmons, J. B. Turner, William Price and J. E. Loyless, are hereby appointed Commissioners of the town of Leary, in the county of Calhoun, to serve until their successors are elected and qualified, as hereinafter provided. Commissioners. Sec. III. Be it further enacted by the authority aforesaid , That said Commissioners shall organize by electing one of their members chairman, and a majority of them shall constitute a quorum for the transaction of business. Chairman of Commissioners. Quorum. Sec. IV. Be it further enacted by the authority aforesaid , That on the fourth Monday in September, 1881, and annually thereafter on the second Monday in September, an Intendant and four Commissioners shall be elected by the qualified voters of said town, said election to be by ballot, and to be held at such place in said town as may be designated by the Commissioners, said Intendant and Commissioners to hold their office one year, and until their successors are elected and qualified. Such elections shall be conducted as elections for county officers under the laws of this State, and the managers shall certify the result to the Intendant and the Commissioners, who shall declare the five persons receiving the highest number of votes the Intendant and Commissioners of said town for the next ensuing year. Elections for Intendant and Commissioners. Term. Rules for elections. Sec. V. Be it further enacted by the authority aforesaid , That said Intendant and Commissioners shall have power to elect such Marshals, Clerks, and other subordinate officers as they may deem necessary to carry out their ordinances and by-laws. Subordinate officers. Sec. VI. Be it further enacted by the authority aforesaid , That said Commissioners shall have power to regulate the sale of liquors in said town, and punish disorderly persons by fine or imprisonment, or both, or commit for violations of the laws of this State. To levy such taxes to support their corporate government, open and keep up their streets, as they may deem necessary, so far as the constitution of this State will allow. Sale of liquors. Disorder. Taxes. Sec. VII. Be it further enacted by the authority aforesaid , That said Commissioners shall have the power to tax all shows, auctioneers, and sleight-of hand performances, billiard tables, pool tables, wheels of fortune, and other establishments of like character, and tax the sale of intoxicating liquors, as they may deem most to the interest of said town. Specific taxes. Sec. VIII. Be it further enacted by the authority aforesaid , That should the office of any one of the said Commissioners, by death or otherwise, be vacated, then said remaining Commissioners shall order on election, of which ten days' notice shall be

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given, to fill said vacancy or vacancies thus caused, said newly elected members to fill unexpired terms only. Vacancies. Sec. IX. Be it further enacted by the authority aforesaid , That said Intendant and Commissioners, before entering on their duties, shall take and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will, during my continuance in office, perform all the duties devolving on me as Commissioner of said town of Leary, so help me God. Oath of officers. Sec. X. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 15th, 1881. TOWN OF BLACKSHEAR RE-INCORPORATED. No. 215. An Act to repeal all laws and amendments to laws heretofore passed incorporating the town of Blackshear, Pierce county, Georgia, and also all laws and amendments to laws conferring civil and criminal jurisdiction for the county of Pierce on the Mayor thereof; to provide for the election of a Mayor and Aldermen, prescribe their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act of the General Assembly, entitled An Act to incorporate the town of Blackshear, in the county of Pierce, and State of Georgia, approved December 16th, 1859, and an Act amendatory thereof, assented to December 19th, 1860, and an Act amendatory thereof, approved October 25th, 1870, also an Act amendatory thereof and conferring civil and criminal jurisdiction in and for the county of Pierce upon the Mayor of the corporation of Blackshear, and to provide for the selection and appointment of Mayor and officers of said corporation, to regulate the fees of Mayor and other officers of the Court, and for other purposes; and also an Act amendatory of the same, approved February 20th, 1877, and all Acts heretofore passed amendatory or explanatory thereof, are hereby repealed, so far as they are in conflict with this Act or its provisions. Old charter repealed. Sec. II. Be it enacted by the authority aforesaid , That said town of Blackshear, Pierce county, is hereby incorporated under the name of the town of Blackshear, the corporate limits thereof to extend one mile in every direction from the center of the court-house as it is now situated. New corporate name. Corporate limits.

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Sec. III. Be it further enacted , That the municipal government of said town shall be vested in a Mayor and Town Aldermen, who shall be styled the Mayor and Council of Blackshear, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract and be contracted with, may sue and be sued, and purchase, receive, hold, possess, sell and convey, for the use of said town, real or personal estate of any kind. That said Mayor and Aldermen shall hold their offices for one year, or until their successors are elected and qualified. They shall be citizens of the said town, not under twenty-five years of age, and shall have been bona fide residents of said corporation for twelve months preceding their election. Mayor and Councilmen. Their corporate name. Rights and privileges. Term. Qualjfications for office. Sec. IV. Be it further enacted , That the annual election for Mayor and Aldermen of said town shall be held on the second Saturday in January, 1882, and on the same day in each year thereafter; and that all voters, qualified by the laws of this State to vote for members of the General Assembly, bona fide residents of the town for three months preceding said election, shall be entitled to vote at said election. Elections. Qualifications of voters. Sec. V. Be it further enacted , That said election shall be held at the court-house, in said town, and that any two citizens who shall be freeholders, or one citizen a freeholder and one Justice of the Peace or Notary Public, may hold and manage said election; the polls shall be opened at 10 o'clock, A. M., and closed at 3 P. M., said managers shall take the oath required by the statutes of this State of all managers of elections held for State or county offices, shall receive and count the votes cast at said election, shall keep two lists of persons voting at such election, and two tally sheets, and shall deposit at the close of the election one list of voters and one tally sheet, both certified to be true and correct, in the office or the Clerk of the Council, to be by him kept for inspection; also, when said managers have finished the count they shall give to the persons receiving the highest number of votes cast certificates, under their hand and seal, of election as Mayor or Alderman, as the case may be. Regulations for elections. Sec. VI. Be it further enacted , That the Mayor and each Alderman before entering upon the duties of his office shall be required to take and subscribe the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor or Alderman, as the case may be, of the town of Blackshear, as in my judgment shall best promote the general welfare of the inhabitants of said town, and the common interest thereof; so help me God. Oath of officers. Sec. VII. Be it further enacted , That the said Mayor and Council may appoint one of their number Mayor pro tem. , who shall have authority to discharge the duties of Mayor whenever,

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from sickness, absence from the town, or other cause, the Mayor is unable to act. Mayor pro tem. Sec. VIII. Be it further enacted , That at their first regular meeting after elected and qualified, said Mayor and Council shall have the power to elect a Clerk, who may also be Treasurer, and a Marshal; they shall have the power to fix the compensation of such officers, their term of office, require such security for the faithful performance of duty; to prescribe the powers, and define the duties of such Clerk and Marshal, and to make, adopt, and pass and enforce, all such rules and regulations as may be essential to their own government as Mayor and Council. Subordinate officers. Rules and regulations. Sec. IX. Be it further enacted , That said Mayor and Council shall have power, within said town, to lay off, vacate, alter, improve, and keep in good order and repair, the streets, roads, alleys and sidewalks for the use of the public and citizens of said town; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholsome; to prevent hogs, horses, cattle, sheep, goats, or other animals, from going at large in said town; to regulate the keeping of gunpowder, or other combustibles; to have charge of the cemeteries of said town, for the purpose of keeping them in good order and preservation; to protect the property of persons, citizens of said town, from injury; to preserve peace and good order, and for this purpose to appoint, when necessary, a police force to assist the Marshal in the discharge of his duties; to provide a revenue for said town, in such manner and by such taxes as may be levied in accordance with the constitution and laws of this State, and to carry into effect all the powers enumerated heretofore, and by this Act conferred upon said corporation and Mayor and Council by this Act. The said Council shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations, not contrary to the constitution and laws of the State, and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail of the county, or such other place as the corporate authorities may provide, for a violation of the same, or any part thereof; Provided, however , no fine shall exceed in amount twenty-five dollars, or imprisonment exceeding ten days, and it shall be lawful, for the purpose of enforcing said ordinances of said town, in lieu of fine or imprisonment, said penalty may be to work on the streets, not to exceed twenty days at any one time, for one penalty; provided , that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for violation of city laws; and, provided, further , that the Jailer shall not be compelled to receive any city prisoner until satisfactory arrangements have been made by the corporate authorities for the fees. Changes and repairs of streets, etc. Nuisances, etc. Police force. Taxation. General powers. Proviso. Sec. X. Be it further enacted , That said Mayor and Council

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shall have complete control of the manufacturing and wholesaling and retailing of spirituous liquors and malt liquors within said town; Provided , the license fee for retailing spirituous or malt liquors, or malt liquors alone, shall not be less than fifteen hundred dollars per annum; and, provided, further , that no license shall be issued for a less time than one year, and no bond shall be taken from the person or persons applying for license unless such bondsman and his securities are actually and bona fide possessors of the amount fixed in said bond over and above all debts, liabilities, and exemptions allowed by the laws of this State, and who, upon signing said bond, will make affidavit to their pecuniary qualification, and will and do sign a waiver of homestead and exemption upon giving the bond. Regulations for manufacture and sale of spirituous liquors. Sec. XI. Be it further enacted , That all male citizens of said town not under sixteen years of age, nor over fifty years of age, are hereby made liable to road and street duty, and shall, if required by Council, work not exceeding fifteen days in one year, and not exceeding five days in one month, by himself, or an accepted substitute, on the streets, roads, sidewalks, or alleys of said town, under the direction of such superintendent or superintendents of street work as the Council may appoint, or he may be released from such work upon payment of such amount as may be fixed by Council as commutation street tax, and all funds arising from this source, or in the matter of streets, shall be applied only to the repairs of streets, sidewalks, alleys, and the improvement of the same. Road and street duty. Sec. XII. Be it further enacted , That the Mayor shall be the chief executive officer of said town; that he shall preside at all meetings of the Council, and in cases of a tie give the casting vote; that he shall preside at all Police Courts for the trial of offenders and violators of the ordinances, and shall hear and determine the same, and, upon the trial of such offenders, he shall punish such by fine, imprisonment, or both, as in his discretion shall seem just, or, in lieu of fine and imprisonment, he may sentence him to work on the streets; and in case of fine being imposed, said Mayor shall have power to enter up judgment against the offender for the amount of the fine imposed, or for taxes assessed and unpaid, and costs of proceedings, and it shall be the duty of the Clerk of Council to issue execution thereon, directed to all and singular the Marshal of Blackshear and Constables of this State, which execution shall bear test in the name of the Mayor, and may be levied upon any property of the defendant in this State subject by law to levy and sale, and the same laws, rules and regulations which govern Constables' sales in this State, shall govern Marshals' and Constables' sales made under the provisions of this Act. Duties of Mayor. Executions. Levy and sale. Sec. XIII. Be it further enacted , That, within the corporate

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limits of said town, the said Mayor shall be ex officio Justice of the Peace, for the purpose of administering oaths, and also for the purpose of issuing warrants for offenses committed in said town against the State or individuals, and shall have power to sit as a Court of Inquiry, and of binding or committing to jail the offenders, to appear before any court having jurisdiction of the same. That said Mayor, sitting as Judge of the Police Court, or as a Court of Inquiry, shall have power to punish for a contempt by a fine not to exceed ten dollars, or imprisonment not to exceed three days. Mayor ex officio a Justice of the Peace. Sec. XIV. Be it further enacted , That the officers exercising their functions in said town, now, shall continue to exercise their respective duties until the election and qualification of the officers provided under this charter; that immediately upon the passage of this Act the Corporation Court of said town is abolished, and all civil causes, with all the papers pertaining thereto, shall be forthwith transferred by the Mayor, as Judge of said Court, to the several Justices of the Peace having jurisdiction of the same, to be heard and determined by them in lieu thereof. Term of present officers. Corporation court abolished. Sec. XV. Be it further enacted , That this Act shall take effect and be of force from and after its passage, and all laws and parts of laws in conflict herewith are hereby repealed. When Act shall take effect. Approved September 15th, 1881. PUBLIC SCHOOLS OF CARTERSVILLE ABOLISHED. No. 226. An Act to repeal An Act to establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes, approved October 1st, 1879. 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 An Act creating, organizing and establishing a system of public schools for the city of Cartersville, to provide for the support and maintenance thereof, and for other purposes, approved October 1st, 1879, be, and the same is hereby, repealed; Provided , that this Act shall not take effect until ratified by the legal voters of said city, at an election, to be held at the court-house in the city, on the second Wednesday in January, 1882; fifteen days' notice of said election shall be given by the Mayor and Aldermen of said city. The election shall be held and conducted, and returns

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thereof made, in the same manner as elections are held and conducted for Mayor and Aldermen of said city; tbe qualifications for voters at said election shall be the same as required by law at elections for Mayor and Aldermen. All persons voting at said elections shall have written or printed on their ballots the words, For Public Schools, or the words, Against Public Schools, and if it shall appear to the Mayor and Aldermen that two-thirds of the qualified voters voting at said election have voted For Public Schools, then this Act shall have no effect whatever. Act creating Public School system for Cartersville, repealed. If this Act be ratified by legal voters. When election shall be held. Rules for Election. Sec. II. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 16th, 1881. TOWN OF De SOTO RE-INCORPORATED. No. 232. An Act to repeal an Act entitled An Act to incorporate the town of De Soto, in the county of Floyd, and to incorporate the same de novo . Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act assented to January 22d, 1852, incorporating the town of De Soto, in the county of Floyd, be, and the same is hereby, repealed, and that said town be incorporated de novo , without any change of officials or interregnum in the administration of its government, and the corporate jurisdiction of the Mayor and Aldermen hereinafter mentioned, of the city of De Soto, extend over lot of land No. 237, of the 23d district of the 3d section, now Floyd county, and over those parts of lots of land Nos. 244 and 245 which lie on the west of the Oostanaula and north of Coosa rivers, also including the lands of James E. Wimpee and others, north of Summerville road, making the inclosed lands of Alfred Shorter the west boundary line of said town. Old charter repealed. Incorporated de novo. Corporate limits. Sec. II. Be it enacted , That the now acting Mayor and Aldermen are hereby constituted a body corporate under the name and style of The Mayor and Council of the town of De Soto, and by that name and style shall have perpetual succession, may sue and be sued, plead and be impleaded, in any court of law and equity in this State; may have a common seal, and do all acts relating to their corporate capacity which may be necessary thereto, and may in law be capable to buy or sell, hold or release,

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in perpetuity or for any term of years, any real or personal estate within the limits of said town, or convey the same in any way they may deem best for the interests of said town, and the said Mayor and Aldermen shall continue in office until their successors shall be elected and qualified as hereinafter provided. Corporate name. Rights and liabilities. Term of office. Sec. III. Be it enacted , That an election shall be held on the second Tuesday in December next, for a Mayor and six Aldermen to succeed those now in office, and on the same day of the same month in each and every year thereafter, and all citizens residing in said town who shall register in accordance with the provisions of this Act shall be entitled to vote for Mayor and Aldermen. Elections for Mayor and Aldermen. Registration. Sec. IV. Be it enacted , That it shall be the duty of the Clerk of the Council, on the first Monday in November, in each and every year, to open a list for the registation of the names of voters, the said list to be kept open for three consecutive weeks, and all persons entitled to vote for members of the General Assembly, who have resided in said town sixty days prior to the day of opening said list of registration, and who shall have paid all taxes imposed upon them by municipal authority, (and none others) shall be entitled to register. It shall be the duty of the Clerk of the Council to furnish the managers of said election with a copy of the same, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this section, he shall forfeit and pay into the town treasury the sum of fifty dollars. Rules governing registration of voters. Sec. V. Be it enacted , That any two or more intelligent citizens, bona fide residents of said town, (neither of whom being a candidate) after being duly sworn to hold said election fairly and impartially, and prevent as far as possible any illegal voting, may preside over said election, and the persons receiving the highest number of votes for Mayor and Aldermen, respectively, shall be declared elected. The managers shall keep a list of all voters and two or more tally sheets, said list and one of the tally sheets shall be certified by them to be correct, and return the same to the Clerk of the Council, who shall make a record of the same, and this record shall be the highest evidence of said election. The polls shall be opened at 8 o'clock, A. M., and closed at 4 o'clock, P. M. Regulations for elections. Sec. VI. Be it enacted , In case any two or more persons, residents of said town, shall desire to contest the election of any or of all said Municipal Board, on account of illegal voting at said election, or illegality or fraud in the manner of holding the same, it may be done by serving the managers with notice of the grounds of complaint within two days after said election, and with notice to appear at the office of the Ordinary of said county at 9 o'clock A. M. on the Saturday following. The Ordinary shall investigate said complaint then and there, and if it shall be made to appear

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that said election was for any cause illegal, he shall so declare, and order a new election for the officer or officers declared illegally elected, giving ten days' notice of the time thereof. If in his judgment the evidence is insufficient to sustain the complaint, he shall dismiss the same, and his decision shall be final. The parties cast in said contest shall pay the Ordinary the sum of three dollars for trying said case, and if not paid instanter he may issue summary judgment, a fi. fa. for said sum and for the usual costs in collecting judgments and costs in the Superior Court, and proceed at once to collect the same in the same way other fi. fas. are collected. Contested elections. Sec. VII. Be it enacted , That the Mayor and Aldermen, before they enter upon the duties of their offices, shall be sworn by some officer authorized to administer an oath, to faithfully discharge the duties of their respective offices during their continuance in office. They shall, at their first meeting, elect a Clerk and Marshal, and appoint such other officers as may be necessary to carry out the provisions of this charter in the internal government of the town. They shall have power and authority to define, by by-laws, the duties of all subordinate officers, to exact fidelity in the discharge of the same, and may, for neglect of duty, malpractice in office, or for flagrant bad conduct of any of said officers, punish by deposing him or them from office, or by fine, not exceeding fifty dollars, or imprisonment not exceeding thirty days, or by both, as the nature of the offense may justify. Oath of officers. Subordinate officers. Sec. VIII. Be it enacted , That the Mayor and Aldermen, or either of them, shall not be eligible to any office in said town during the term of their offices, except those to which they are respectively elected by the people, nor shall either of them be a party to any contract made with said Council, or be interested or concerned in any contract in which the Council is a party, and for any violation of this section the parties so offending shall, on conviction, be evicted from office and pay a fine of fifty dollars. Mayor and Aldermen incompetent for other offices. Nor be interested in municipal contracts. Sec. IX. Be it enacted , That all male persons between the ages of sixteen and fifty, residing in said town, shall be subject to work the streets and roads in said town, under the road laws of the State, but may commute the same by paying to the Clerk of Council, within the time the Mayor and Council shall prescribe, the sum of three dollars, and taking his receipt for the same. Road and street duty. Sec. X. Be it enacted , That the said Mayor and Aldermen shall have full power and authority to enact all by-laws and ordinances which may be necessary to the good order, peace, health, interests and police of said town, not in conflict with the laws and constitution of this State, or the constitution and laws of the United States, and they shall have power and authority to levy a tax on all real and personal property in said town, not exceeding one-third of one per cent. on a fair valuation of the same. They shall

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also have power to tax all itinerant shows and exhibitions of any and every kind, all billiard tables and ten-pin alley, or alleys of any number of pins, kept for playing thereon, all insurance agencies, but shall not have power to tax any trade or occupation of a mechanic, common laborer or hireling. By-laws and ordinances. Taxation. Specific taxes. Sec. XI. Be it enacted , To equalize the burdens of taxation, and to prevent the fraudulent returns and valuation of property in said town, the Mayor and Council shall appoint three intelligent and discreet persons in each and every year as tax assessors whose duty it shall be to assess the value of all real estate in the corporate limits of said town, and make a return thereof within sixty days from the date of their commissions, to the Clerk of the Council, who shall make a record of the same upon the tax books opposite to the names of the respective owners thereof. If any person or persons shall feel aggrieved by the valuation put upon his or her property, he or she, (as the case may be,) may appeal the appraisment thereof to the Mayor and Council, whose decision shall be final. Personal property shall be given in to the Clerk of the Council by the owner, agent or representative thereof, under the usual oath administered by Tax Collectors, within such time and under such regulations as the Mayor and Aldermen shall prescribe. Tax Assessors. Their duty. Appeal from appraisement. Personal property; how returned. Sec. XII. Be it enacted , The Mayor, or in his absence the Mayor pro tem. , may try any offender against the by-laws or ordinances of said town, and may punish for each violation thereof by a fine not exceeding fifty dollars, or by imprisonment or sentence to work on the streets not more than thirty days, or by both, as the nature of the offense may demand. Trial and punishment of offenders against ordinances. Sec. XIII. Be it enacted , That the manufacture of and traffic in spirituous and malt liquors within the corporate limits of said town, are expressly forbidden, and it shall be the duty of the Mayor and Council to adopt such by-laws and ordinances as may be necessary to suppress the manufacture and traffic therein, and to punish by fine and imprisonment, each and every offense against the provisions of this section, and failing or refusing to do so, may be prosecuted before the Superior Court of said county for malpractice in office, and if adjudged guilty shall be fined or imprisoned, in the discretion of the court. Manufacture and sale of liquors prohibited. Penalty. Sec. XIV. Be it enacted , They shall also have under their control and supervision all streets, roads and sidewalks, ditches, lanes and alleys, shall make such rules and regulations in regard to the same as they may deem best. They may also regulate and define the privileges of livery stables, wagon-yards, blacksmith and wood shops, stoves, chimneys, forges, engines, gins, mills, stock-pens and brick-yards in said town, and may remove any of them if they become dangerous to contiguous property, or become a nuisance, and shall have plenary powers to abate nuisances of any and every kind whatsoever. Streets, sidewalks, etc. Livery stables, wagon yards, etc. Nuisances.

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Sec. XV. Be it enacted , That in case there be a failure at any regular election to elect a Mayor or Alderman, a new election shall be held on the following Tuesday, and the officers so elected shall hold their offices until their successors are elected and qualified. Failure to elect officers. Sec. XVI. Be it enacted , That it shall be the duty of the Mayor and Council to confine their expenditures within the limits of the incomes of the corporation, and any debt or debts contracted by them in their corporate capacity beyond this, except for purposes of sanitation and relief, they shall forfeit and pay into the Treasury a sum equivalent to the amount of the debt or debts illegally contracted; Provided , that no member of the Board who protested against such illegal contracts shall be held responsible for the action of the majority. In case of the visitation of a malignant epidemic or contagion demanding sanitary and relief measures, the Mayor and Council may levy an extraordinary tax upon all persons and property in said town adequate to the exigencies of the case. Expenditures and debts of corporation. Proviso. Sec. XVII. Be it enacted , It shall be the duty of the outgoing administration, in each and every year, to turn over to their successors in office all moneys, books, records, papers, deeds, conveyances, bonds, notes, drafts, bills of exchange, receipts, vouchers, and any and all other documents in their keeping and control, and make, or cause to be made, an exhibition of all their receipts and expenditures, and any violation of this section shall subject the delinquent party or parties to a fine of fifty dollars each, which shall be enforced by the incoming Mayor and Council without delay. Money, books, papers, etc., to be turned over to successors in office. Sec. XVIII. Be it enacted , That the Mayor and Council shall annually set apart all moneys raised from fines and forfeitures and ten per cent. of the amount collected from taxes as a special fund to provide a council-chamber or town-hall, and shall improve the same from year to year until a sufficient amount is raised to accomplish said object. Certain funds to be set apart for Town Hall. Sec. XIX. Be it enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 17th, 1881.

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CHARTER OF TOWN OF WESTON REPEALED. No. 236. An Act to repeal An Act to incorporate the town of Weston, formerly known by the name of Hardmoney, in the county of Webster, approved March 6th, 1856: and an Act to amend An Act incorporating the town of Weston, Webster county, Georgia, approved February 16th, 1866. 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, that the above recited Acts be, and the same are hereby, repealed. Charter of Weston repealed. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881. CHARTER OF DECATUR AMENDED. No. 244. An Act to amend an Act entitled, An Act to alter, change and amend an Act to incorporate the town of Decatur, in the county of DeKalb, assented to December 10th, 1823, and the subse quent Acts amendatory thereof, approved, respectively, March 3d, 1856, December 15th, 1871, and February 29th, 1876, and to confer additional powers on the corporate authorities of said town. Section I. Be it enacted by the General Assembly of Georgia , That section 2 of the above rceited Act, approved March 3d, 1856, be so altered and amended as to provide for the election of a Mayor and six members of Council in lieu and stead of five Commissioners, as provided by said Act, at the next election to be held in and for said town of Decatur, by virtue of said Act. Election of Mayor and Council provided for. Sec. II. That all the corporate powers heretofore conferred upon said Commissions by virtue of the Act incorporating said town of Decatur, and the Acts amendatory thereof now existing, shall vest in and be exercised by said Mayor and Council to the same extent and in the same manner as by the said Commissioners, except as is herein otherwise provided and directed. Corporate powers of Commissioners conferred on Mayor and Council.

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Sec. III. That such Mayor shall be chief executor of said town. He shall see that all the laws and ordinances of the town are faithfully executed; shall receive such salary as the Mayor and Council by ordinance shall fix preceding his election, which shall not be changed during the time for which he is chosen. Before entering upon the duties of his office he shall take and subscribe the following oath before some officer authorized by law to administer oaths, and which shall be spread on the minutes or records of such Mayor and Council: I, (A. B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of Mayor of the town of Decatur during my continuance in office, so help me God. Powers of Mayor. Salary. Oath. Sec. IV. That the Mayor, or in his absence three members of Council, shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a Mayor's Court for said town, for the trial of offenders against the ordinances of said town, and impose such penalties for the violation thereof as may be prescribed by ordinances, not exceeding one hundred dollars fine, and imprisonment, or labor on the streets, or public works of said town for thirty days, for each offense, and may impose one or more of such penalties for each offense, directly or in the alternative, as by ordinance prescribed Mayor's court. Penalties which may be imposed. Sec. V. The Mayor shall be ex officio the presiding officer of said Board of Council, but shall have no vote except in case of a tie. The Council may select one of their own number to preside in the absence of the Mayor. Mayor shall preside over Board. Mayor pro tem. Sec. VI. The Mayor and Council shall, by ordinance, fix the times for their regular sessions. The Mayor shall have power to convene the Council in extra session, whenever in his judgment the exigencies of the case require it. Sessions of Council. Sec. VII. That in the event the office of Mayor shall become vacant by death, resignation, removal or otherwise, the Council shall fill such vacancy by an election from their own body, who shall exercise the duties of the office until his successor is qualified. That in case a vacancy shall occur in the Board of Council, the Mayor, or the Council. shall order an election to fill such vacancy, or vacancies, by giving at least five days' notice at two or more of the most public places in said town; Provided, however , if such vacancy or vacancies occur within three months of the expiration of the time for which such member or members were elected, there shall be no election ordered to fill the same, unless such vacancies would leave the Council without a quorum. Vacancies. Proviso. Sec. VIII. That said Mayor and Council shall elect a Marshal for said town, who shall hold his office for one year, and until his successor is elected and qualified. The salary of the Marshal shall be fixed by the Mayor and Council prior to his election, not to

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exceed $500.00, which shall not be increased or diminished during his term of office. Before entering upon the duties of his office he shall enter into bond with approved security in such sum as the Mayor and Council shall require, not to exceed two thousand dollars, payable to the Mayor and Council of Decatur, conditioned for the faithful performance of his duties as Marshal of said town, and faithfully to account of and for all money coming into his hands as ex officio Tax Receiver and Collector for said town. That the Mayor and Council, by a vote of two-thirds of its members, shall have power to remove the Marshall of said town from office for disorderly conduct, abuse of his office, neglect of official duties, or other conduct unbecoming an officer. Said charges must be in writing, and the Marshal have reasonable notice of them before trial. And the Mayor and Council shall have power at any time to fill a vacancy in such office, to continue only for the unexpired term of the retiring Marshal. Marshal. His term. His salary. His bond. Removal of Marshal. Sec. IX. That the Mayor and Council shall have authority to employ and appoint any number of regular or special policemen to assist the Marshal of said town in the discharge of his duties, or to preserve the peace and good order of said town, as occasion may require. And the Mayor and Council may, by ordinance, confer the power of appointing special policemen to discharge such duties upon the Mayor alone when in his judgment the good order and peace of said town shall require. Police. Sec. X. The Mayor and Council shall elect a Clerk of Council, who shall be ex officio Treasurer of said town, and shall hold his office for one year, and until his successor is elected and qualified. His compensation shall be fixed by ordinance. Before entering upon the duties of his office said Clerk of Council shall enter in bond with good security in such sum as said Mayor and Council shall require, not exceeding twenty-five hundred dollars, payable to the Mayor and Council of Decatur, conditioned for the faithful discharge of the duties of his office, and faithfully to account of and for any and all money coming to his hands as Treasurer of said town. Clerk of Council. His term. His salary and bond. Sec. XI. That the Mayor, or the members of Council, holding and presiding in the Mayor's Court, shall have full power and authority to administer oaths to any and all persons sworn as witnesses on the trial of any issue coming before said court to be determined. Powers of Mayor and Council. Sec. XII. That for any breach of the bonds of the Marshal and the Clerk, required by this Act to be given, the same may be sued and recovered on to the full penalties thereof in any court holding jurisdiction thereof by the Mayor and Council of said town. Breach of bonds. Sec. XIII. The Mayor and Council shall have full power and authority to prohibit horses, cattle, hogs and other animals, from

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running at large within the corporate limits of said town, either by day or night; and shall have authority to take up and impound such animals found running at large in violation of any ordinance of said town. That within twelve hours after any animal shall be taken up and impounded, the owner shall be notified in writing of the fact, if known and a resident of said town, and shall be required within twelve hours to come forward and pay the cost and charges, and take such animal away. In case the owner of such animal is unknown, or resides beyond the corporate limits of said town, written notice of the taking up and impounding of said animal, together with a description of said animal, shall be posted at the door of the court-house and post-office in said town. That in case the owners of said animals after being so notified, or within twenty four hours after the posting of the notice aforesaid, in cases where the owners are unknown or are non-residents of said town, shall fail or refuse to come forward, pay costs and charges, and take such animal away, the same, after advertisement in at least two of the most public places of said town for not less than one day nor longer than five days, as may be by ordinances prescribed, shall be sold at public outcry by the Marshal of said town, before the court-house door of said town between the hours of ten o'clock A. M., and one o'clock P. M. That the money arising from the sale of such impounded animals, after paying the costs of the Marshal and expenses of maintaining while in pound, shall be paid to the owner of such animal, or deposited with the town Clerk, subject to the order of the owner; Provided , the same is called for by him in three years after such sale. That the Mayor and Council shall by ordinance fix the fees to be paid the Marshal for taking up and impounding each animal by virtue hereof, and also the amount for obtaining such while in pound, and for selling same in case of sale, which tees, when collected by the Marshal, shall be paid into the town treasury. That the Mayor and Council of said town shall by ordinance provide for the keeping of a complete record description of all animals taken up and impounded, or sold by virtue hereof, the diposition of each, and an itemized bill of costs and charges attending the taking up and disposition of each animal, which record shall be at all times subject to the inspection of the public. Cattle running at large. Fees for taking up and impounding. Record of animals taken up. Sec. XIV. That the Mayor and Council of said town shall have full power and authority to care for and make any and all necessary repairs to the cemetery of said town, to regulate and provide for the burial of the dead therein, and may sell, and by deed grant, to persons who may wish to purchase any vacant and unoccupied lots in said cemetery for burial purposes. Shall have power to employ a sexton for same, with such assistance as may at any time be necessary, and do whatever they may deem best to preserve, protect and beautify said cemetery. Cemetery.

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Sec. XV. That said Mayor and Council shall have authority and power to appropriate such sum or sums of money for the repairing or improvement of the Academy of said town, and have such repairs and improvements made as they may deem wise and prudent, and as the finances of the town may authorize, and may assist in or construct any street or roadway within the corporate limits of said town which will be of general utility, or tend to the improvement and advantage of said corporation. Academy. Streets and roads. Sec. XVI. That this Act shall have full force and effect, and become operative on the first day of January, 1882. When Act shall go into effect. Sec. XVII. That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed, and to be of no effect from the date this Act, by its terms, becomes operative, to-wit: January 1st, 1882. Approved September 20th, 1881. CHARTER OF TOWN OF BUCHANAN AMENDED. No. 245. An Act to supersede an Act entitled, An Act to incorporate the town of Buchanan, in the county of Harralson; to appoint Commissioners for the same, and for other purposes, approved December 22nd, 1857. To provide for a Mayor and Council for said town; to authorize the Mayor and Council to levy and collect a special license tax from each firm or dealer in spirituous and intoxicating liquors in said town; to levy a tax on all the property in said town subject to State tax; to extend the corporate limits of the same; to define the powers and duties of the Mayor and Council, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled, An Act to incorporate the town of Buchanan, in the county of Harralson; to appoint Commissioners for the same, and for other purposes, approved December 22nd, 1857, be, and the same is by this Act, superseded, and that the following shall be the charter of said town of Buchanan: Act of December 22d, 1857, repealed. Sec. II. Be it further enacted , That the government of said town shall be vested in a Mayor and four Councilmen. Government vested in Mayor and Council. Sec. III. Be it further enacted , That G. M. Roberts be, and he is hereby, appointed Mayor, and J. Williamson, T. H. Riddlepurger, T. J. Lovelace, and D. B. Head, be, and they are hereby, appointed Councilmen of the town of Buchanan, and shall hold their offices until the first Saturday in November next, or until

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their successors are elected and qualified, as hereinafter provided. Mayor and Council appointed. Their term. Sec. IV. Be it further enacted , That on the first Saturday in November next, and annually thereafter on the same day, an election shall be held in said town for a Mayor and four Councilmen, who shall hold their offices for one year, and until their successors are elected and qualified, but no person shall be eligible to the office of Mayor or Councilman of said town unless such per son shall have resided in said town six months next preceding the day of such election, and no person shall be eligible to vote for said Mayor and Councilmen unless such person shall have resided in said town thirty days next preceding the day of such election, and unless such person shall be eligible to vote for members of the General Assembly of this State. Subsequent elections. Terms. Qualifications of Mayor and Councilmen. Qualifications of voters. Sec. V. Be it further enacted , That elections provided for in the preceding section shall be held and conducted in the same manner as elections for county officers in this State, and the managers of such elections shall issue to each person elected a certificate of his election to the office of Mayor or Councilmen (as the case may be), which certificate, signed by the managers, or a majority of them, shall be sufficient authority for such person to enter upon the discharge of the duties of the office to which he shall have been elected. Regulations for elections. Sec. VI. Be it further enacted , That if from any cause the election provided for in the fourth section of this Act be not held on said first Saturday in November in any year, such election may be held on the first Saturday in any month thereafter; Provided , written notice of such election, and of the time of holding the same, signed by the Mayor or any three freeholders of said town, shall be posted on the door of the court-house in said town at least ten days before the day of such election. If election be not held at regular time it may be afterwards held. Sec. VII. Be it further enacted , That should the office of Mayor at any time become vacant, it shall be the duty of the Councilmen to appoint one of their body to fill the office of Mayor until the next regular election; and should the office of Councilman from any cause become vacant, it shall be the duty of the Mayor and remaining Councilmen, if any, to order an election, to be held on the first Saturday in the month, as is hereinbefore provided, when elections are not held on said first Saturday in November, and the Councilmen thus elected shall hold their offices until the next regular election. Vacancies. Sec. VIII. Be it further enacted , That it shall be the duty of the Mayor and Councilmen, by the third section of this Act appointed, and of the Mayor and Councilmen hereafter elected, at their first meeting, to select one of the Councilmen to act as Mayor pro tem. , and he shall, in the sickness or disqualification of the Mayor, be authorized to do any act or perform any duty required of the Mayor. Mayor pro tem.

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Sec. IX. Be it further enacted , That before entering upon the discharge of their official duties, the Mayor and Councilmen shall each take and subscribe an oath to faithfully and impartially discharge the duties of their office, which oath shall be administered by some officer of this State authorized to administer oaths, and shall be spread upon the minutes of the Council. Oath of officers. Sec. X. Be it further enacted , That said Mayor and Councilmen shall constitute a body corporate, with power to sue and be sued in the courts of this State, to purchase, hold, and convey property, and to contract and be contracted with, so far as may be necessary for the proper management of the affairs of said town. To pass all ordinances, by-laws, and regulations necessary for the health, peace, good order and proper government of said town, and they may establish, open, change and abolish streets and alleys in said town, as the public interests may require, by paying the owners of such property required to be taken for such purpose, just compensation for the same, and they shall cause to be kept unobstructed and in good repair and order, the streets, alleys, and sidewalks of said town, and may require and compel persons resident in said town, who are subject to road duty, to work on said streets, alleys, and sidewalks, not to exceed fifteen days in each year, but may receive in lieu thereof such commutation fee as may be by said Mayor and Council prescribed. Powers of Mayor and Council. Streets and alleys. Street work. Sec. XI. Be it further enacted That said Mayor and Councilmen shall have power to levy and collect not exceeding fifty per cent. of the State tax, on all property in said town, both real and personal, subject by law to State tax; to levy and collect a special license tax from all shows and exhibitions for gain, on peddlers and itinerant traders, and on billiard tables, pool tables, bagatelle tables, and all other establishments for amusement and gain. Taxes. License tax. Sec. XII. Be it further enacted , That said Mayor and Councilmen shall have exclusive power to regulate the sale, in whatsoever manner or form, of spirituous liquors and intoxicating bitters in said town; to grant a license to each firm or dealer in the same in said town; to fix the fee for such license, and to impose penalties upon any person selling such intoxicating liquors or bitters in said town without such license. Sale of liquors. Sec. XIII. Be it further enacted , That said Mayor and Councilmen shall have power to provide for the arrest, trial, and punishment of offenders for violation of any ordinance, by-law, or regulation of said town by fine, imprisonment, or work on the streets of said town; Provided , such fine shall not exceed fifty dollars, and such imprisonment or work shall not exceed thirty days; and any one or all of said punishments may be inflicted in the discretion of the Mayor and Councilmen. Offenders against ordinances. Sec. XIV. Be it further enacted , That it shall be the duty of the Mayor, and in his absence of the Mayor pro tem. , to try all

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persons brought before him charged with violating any ordinance, by-law, rule, or regulation of said town, and to punish such person when guilty in accordance with such penalties and punishments as may be lawfully prescribed. But from all decisions of said Mayor and Mayor pro tem . there may be an appeal to the Mayor and Council, and said Mayor, or Mayor and Councilmen, where sitting as a court, may fine for contempt not exceeding five dollars. Trial and punishment of offenders. Appeals. Sec. XV. Be it further enacted , That said Mayor and Councilmen shall elect from their body a Treasurer and Secretary, and shall also elect a Marshal, who shall not be one of said body, and they shall prescribe the duties of said officers, and require and take of them such bonds as they may deem proper, and fix their compensation. Subordinate officers. Sec. XVI. Be it further enacted , That said Mayor and Councilmen shall keep, or cause to be kept, open to the inspection of the citizens of said town a record of its proceedings in full, as well as the acts and doings of all its officers, and a full and itemized statement and account of all moneys received from every source, and paid out or expended for any purpose, and showing amount on hand. Record of official proceedings. Reports of officers. Sec. XVII. Be it further enacted , That the Mayor and Council shall have power to provide for the collection of all moneys due said authorities as such, by executions to be issued and signed by the Mayor or Mayor pro tem. , and levied by the Marshal of said town, to be levied by the Marshal on the property of the defendant to be found in said county, and said Marshal's levies and sales under such executions shall be made and had under the same laws which now govern the levies and sales of Constables in this State. Collection of money due corporation. Levies and sales. Sec. XVIII. Be it further enacted , That the corporate limits of said town shall extend five-eights of a mile in every direction, beginning at the centre of the public square in said town. Corporate limits. Sec. XIX. Be it further. enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 20th, 1881.

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TOWN OF FRANKLIN RE-INCORPORATED. No. 266. An Act to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the inhabitants of the territory hereinafter designated, are hereby continued corporate by the name and style of The Town of Franklin. Name of corporation. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one-half mile in every direction from the court-house in the public square in the town of Franklin, in the county of Heard, and State of Georgia, except they shall not extend beyond the western bank of the Chattahoochee river. Corporate limits. Sec. III. Be it further enacted , That there shall be an election on every first Thursday in January for a Mayor, Recorder, and five Councilmen, at which election a Justice of the Peace and two freeholders, or three freeholders, shall preside, and the persons receiving the highest number of votes shall be declared duly elected, and the managers of said election shall give certificates to the persons elected, which shall be recorded among the records of said town. Elections of officers. Sec. IV. Be it further enacted , That every person elected or appointed to an office in said town shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe an oath to well and truly, to the utmost of his ability, discharge the duties of the office to which he is elected or appointed, during his continuance in office, before any person authorized by law to administer oaths, or before the Mayor or Recorder of said town, which oath shall be filed with the Recorder of said town. Oath of officers. Sec. V. Be it further enacted , That the terms of all officers elected under this charter shall commence on the first Tuesday in February in each year, and shall be for one year, and until their successors are elected and qualified. Term of officers. Sec. VI. Be it further enacted , That the Council of said town shall have full power and authority to regulate the sale and disposition of ardent spirits by retail and wholesale, or either, within the corporate limits of said town, and at their discretion to issue license therefor, or to withhold the same, and to fix the price to be paid for license at such sum as they, or a majority of them, may think proper, not to exceed one thousand dollars, and to prescribe a penalty for selling without town license; Provided , that said Council shall not issue license to any person or persons to vendardent

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spirits, in any quantity, within the corporate limits of said town, unless the applicant, or applicants for the same shall present the written consent of two-thirds of the freeholders residing within said corporate limits to the granting of said license. Sale of liquors. Proviso. Sec. VII. Be it further enacted , That the provisions of the Code of 1873, contained in sections 779, 782, 783, 784, 785, 786, 787, 788, 790, 791, 792, 793, 794, 795, 796, and 797 be, and the same are hereby, made applicable to said corporation, and the officers elected as herein provided. Certain sections of Code made applicable. Sec. VIII. Be it further enacted , That the Mayor of said town, in addition to the powers conferred by previous sections of this charter, shall be ex officio Justice of the Peace, within the corporate limits of said town, so as to enable him to issue warrants for offenses committed therein, and to bail and commit offenders according to law; and in default of the immediate payment of any fine, penalty, and cost imposed by him for any violation of any order, resolution or ordinance by said town, he may sentence all offenders to work on the streets of said town or the public works therein for a term not to exceed thirty days. Mayor ex officio a Justice of the Peace. Sec. IX. Be it further enacted , That the Mayor, Recorder and Councilmen are vested with the additional power and authority to make such assessments and lay such taxes on the inhabitants of said town, and those who hold taxable property within the same, and those who transact, or offer to transact, business therein as said corporate authorities may deem expedient for the safety, benefit, convenience and advantage of said town, and may enforce the payment of the same in such manner as said Mayor, Recorder and Councilmen may prescribe. Besides all the real and personal property within the corporate limits, the said Mayor, Recorder and Councilmen may tax capital invested in said town, stocks in money corporations, choses in action, income, and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, bank, insurance, and all agencies of every kind, and all other property or sources of profit not expressly prohibited or exempted by State law or competent authority of the United States, and may pass all laws, resolutions, orders, regulations and ordinances that may seem to them proper for the security, for the peace, health, order, benefit, protection and good government of said town. Taxation. Sec. X. Be it further enacted , That should any person subject to pay corporate tax fail or refuse to make return or fix a value, or too small a value, to his property, the Marshal shall make such valuation and assess the tax thereon from the best information in his power, and in case where no return is made, or no valuation given, or the person liable shall fail or refuse to make returns giving the true value or pay the tax, the Council of said town is hereby authorized to enforce the payment of such taxes by

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doubling the same for said failure or refusal to pay promptly when due, and issue execution therefor. Failure to make return or pay tax. Sec. XI. Be it further enacted , That the Mayor, Recorder and five Councilmen now in office in said town are hereby clothed with all the powers, rights and privileges during their continuance in office that by the terms of this Act are conferred on like officers who are hereafter elected or appointed. They shall have full power and authority to pass all needful by-laws, resolutions, orders, regulations and ordinances for the successful carrying into effect of this Act. Persons now in office continued in power. Sec. XII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 23d, 1881. TOWN OF McVILLE INCORPORATED. No. 267. An Act to incorporate the town of McVille, in the counties of Telfair and Montgomery, and grant certain powers and privileges to said town, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the town of McVille, in the counties of Telfair and Montgomery, be, and the same is hereby, incorporated under the name of the Town of McVille; that the municipal government of the town of McVille shall be vested in a Mayor and six Councilmen, who are hereby constituted a body corporate under the name and style of the Corporation of the Town of McVille, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain, to them and their successors, for the use of the town of McVille, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued, in any court of law or equity in this State, and to sell, alien, or lease any estate, real or personal, the property of or belonging to said corporation, or convey the same, or any part thereof, in any manner or way whatever; that the corporate limits of the town of McVille shall extend one-half a mile in every direction from the depot of the Macon and Brunswick railroad in said town. Town of McVille incorporated. Corporate name and government. Rights and liabilities. Corporate limits.

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Sec. II. Be it enacted by the authority aforesaid , That Simson R. Sikes be, and is hereby, appointed Mayor of said town, and A. C. McLennan, Tom Eason, Riley Johnson, T. H. Norfleet, C. J. McCarther, and H. T. Gay, be, and they are hereby, appointed Councilmen of said town, to hold their offices until the first annual election in said town in the year 1882, and until their successors are elected and qualified, the above officers to enter upon the duties of their offices immediately after the passage of this Act. Appointment of Mayor and Council. Their term. Sec. III. Be it further enacted , That an election shall be held at the council chamber or such other place as the Mayor of said town shall direct and designate, on the second Wednesday in January, 1882, and on the second Wednesday in January in each year thereafter, for Mayor and six Councilmen, who shall hold their offices for one year, or until their successors are elected and qualified, and should there fail to be an election held in said town at the time above specified, from any cause whatever, the Mayor of said town shall order an election held in said town by posting a notice in three public places, and advertising said notice in a public gazette in which the Sheriff's advertising of Telfair county is done; said notice shall be posted ten days before said election. The polls at said election shall not be opened before nine o'clock, A. M., and shall be closed at three o'clock, P. M. The qualifications of voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto, residents within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Elections for Mayor and Council. Terms of officers. Failure to hold election at regular time. Regulations for elections. Sec. IV. Be it further enacted , That the said election shall be held under the superintendence of a Justice of the Peace and two freeholders, or of three freeholders, said superintendents to take an oath for the due and legal performance of their said duties as such superintendents, and to have all the powers incident to superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they should administer the following oath: You do swear that you are a citizen of the State of Georgia, that you have attained the age of twenty-one years, that you have resided one year in this State, and for the last six months within the corporate limits of the town of McVille, and have paid all taxes legally required of you by said town of McVille, so help you God. Further regulations. Sec. V. Be it further enacted by the authority aforesaid , That the superintendents of said election shall conform to the laws governing elections in this State, in so far as they are applicable to said elections, and shall only declare the result of said elections, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within ten days

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from said election, qualify by taking an oath to well and truly perform the duties of their respective offices, before an officer authorized in this State to administer oaths, said oatl: shall be filed with the Clerk of Council and by him preserved, which oath, with a list of voters and tally sheets, shall be entered of record on the minutes of Council. Result of elections. Oath of officers elected. Sec. VI. Be it further enacted , That at the first meeting of said Council in each year they shall choose from their own number a Mayor pro tempore , who shall in the absence, sickness, or disqualification of the Mayor, perform all the duties required of the Mayor, and in case of the absence, sickness, or disqualification of the Mayor and Mayor pro tempore a majority of the Council shall choose one of themselves to act as Mayor temporarily. Mayor protem. Sec. VII. Be it further enacted , That in case of the death, resignation, or removal from office, or removal from town of the Mayor, the Mayor pro tempore shall order an election to fill said vacancy as is prescribed in section 3 of this Act (in case of failure to hold an election), and in case of death, resignation, removal from office, or removal from the town of any of the Councilmen, the Mayor shall order an election to fill such vacancy, as is prescribed in the third section of this Act, as in case of failure to an election. Vacancies. Sec. VIII. Be it further enacted , That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid, and any officer of said incorporation who shall be guilty of malpractice or abuse of the powers confided to him shall be subject to indictment in the Superior Court, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars (said fine to be paid over to the Treasurer of said town and appropriated to the use of said town) or be imprisoned in any jail in this State or sentenced to work in any chain-gang in this State not to exceed six months, in the discretion of the court, and upon said conviction said party shall be removed from office. Qualifications for office. Malpractice in office. Sec. IX. Be it further enacted , That said Mayor and Council shall have power and authority to elect such Marshals and Clerk and Treasurer as they may deem necessary for the purpose of carrying into effect the provisions of this Act, and the powers hereby conferred upon them, and to prescribe the fees and pay of such subordinate officers, and to require such bonds for the faithful and due performance of the duties of such officers as they may deem necessary and proper; they shall have power to remove them from office for a breach or neglect of duty or incapacity to discharge their respective duties. Subordinate officers. Their salary and bonds. Their removal. Sec. X. Be it further enacted , That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the constitution of the United

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States, the constitution of this State, and the laws made in pursuance thereof, and said corporation, by their Mayor and Councilmen, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing the health of the inhabitants thereof. Powers of Mayor and Council. Sec. XI. Be it further enacted , That the Mayor of said town shall hold a police court in said town at any time, for the trial and punishment of all violaters of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars, or by labor on the streets of said town, or public works of said town not to exceed sixty days, or confinement in the calaboose or guard-house of said town not to exceed sixty days, and in addition thereto, such costs of the proceedings as may be imposed; said fine shall be collected by execution issued by the Clerk of Council against the estate, both real and personal, of the offender, if any to be found. Police court. Punishments. Sec. XII. Be it further enacted , That the Mayor and other officers shall receive such pay and compensation as the Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of officers. Sec. XIII. Be it further enacted , That the Mayor and Council of the town of McVille, shall have the sole any exclusive power of granting license to retail spirituous, ale, vinous and malt liquors in the town of McVille, in any quantity and of fixing the rates of such license and the terms upon which they shall be issued, of declaring such license void when said terms are not complied with. They shall also have power to license, regulate, and control ten-pin alleys, billiard and pool tables, or to prohibit the establishment of said tables, and remove or abate said tables when they may deem necessary. They shall also have power to license all livery stables and all buggies, hacks, wagons, carts, drays and other conveyances kept for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers out of said town for pay. Sale of liquors. Licenses and specific taxes. Sec. XIV. Be it further enacted , That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal estate within the corporate limits of said town as they shall deem necessary for the support and government of said town, not inconsistent with the laws and constitution of this State, also to levy such tax on business occupations, theatrical exhibitions, or other performances, exercised, performed or exhibited within the corporate limits of said town, as may be deemed proper, and to fix such license on circuses, menagerie shows, including all shows of domestic or wild animals. General taxation. Tax on shows, circuses, etc. Sec. XV. Be it further enacted , That the Mayor and Council of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other

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obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town, also to regulate and control all taverns and public houses in said town; if necessary, to establish a market in said town, to regulate all butcher pens, tan-yards, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same or any of them in case they should become dangerous or injurious to the health of any citizen of the town or become nuisance, and also to fill up all pits, cellars and excavations in said town, or cause the owner to do so, when the council shall deem the same necessary to be done; also to regulate drays, omnibusses, buggies, carriages, wagons and carts owned and kept for use and hire in said town; also full power to regulate and control all pumps, wells, livery stables, fire companies and engines, or any apparatus of like character within said town. Nuisances. Taverns and public houses. Markets, pens, etc. Pits, cellars, and excavations. Vehicles and fire apparatus. Sec. XVI. Be it further enacted , That the Mayor and Council shall have power to take up and impound any horse, mule, cattle, hog, dogs, or other animals running at large in said town, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals. Animals running at large. Sec. XVII. Be it further enacted , That all males over the age of sixteen years, and under the age of forty-five years, who have resided in said town ten days, shall be subject to work the streets of said town, not exceeding ten days in each year, or to be taxed therefor as the Council may direct and determine, as a commutation for such duty, not to exceed six dollars per year. The collection of said sum may be enforced by execution against the party, and said persons shall not be liable to road duty out of said town. Street work. Sec. XVIII. Be it further enacted , That the Mayor and Councilmen of said town shall have full power and authority to open and lay out, to widen and straighten, or otherwise change the streets and alleys of said town, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain, and keep in good order and repair the roads, streets and bridges, sidewalks, alleys, cross-walks, drains and gutters, for the use of the public or any citizen thereof, to protect places of public worship, to regulate the keeping of gunpowder and other combustibles, to provide places for the burial of the dead, and regulate interments therein, to make regulations for guarding against fire, and to fix and establish fire limits, and, from time to time, to enlarge or restrict the same. Power to lay out and change streets. Keeping of combustibles. Sec. XIX. Be it further enacted , That when the Mayor shall be presiding at any Police Court, or at any meeting of the Council, he shall have power to punish for contempt, by a fine not exceeding ten dollars or imprisonment not exceeding forty-eight hours for each offense. Punishment for contempt.

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Sec. XX. Be it further enacted , That the Marshal of said town, or the Mayor or any citizen may arrest, without a warrant, any person whom he may see in the perpetration of a violation of ordinances of said town, and bring the offender before the Mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the Mayor a written or printed accusation shall be preferred against the offender in manner and form as follows: State of GeorgiaTown of McVille. I,, Marshal of said town, in the name and behalf of the Mayor and Councilmen of said town, charge and accusewith the offense of (here state the offense fully,) contrary to the laws of said town, the peace, good order and dignity thereof. Thisday of, 18. And shall be signed by the Marshal, or his deputy or acting Marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he can give a good and sufficient bond and security for his or her appearance at such other time as may be required, and if such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the Council, and execution issued thereon by the Clerk by first serving the principal, if to be found, and his securities, with a rule nisi . Such rule shall be signed by the Clerk and Mayor, and should there be a defense to said rule the same shall be heard by any Justice of the Peace in the militia district in which said town is situated. Arrest for violation of ordinances. Accusations. Bond and security. Sec. XXI. Be it further enacted , That all writs, processes, and subp[UNK]nas issued in behalf of said town shall be directed to the Marshal of said town, and signed in the same manner as executions. All executions issued in behalf of said town for the collection of taxes, fines, forfeitures or for any other purpose shall be directed to the Marshal, signed by the Clerk and Mayor; and all sales by the Marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten days before the sale, and if real estate the Marshal shall advertise the same in the public gazette in which the Sheriff's advertising of the county in which the property is situated is done in, and shall advertise the same once a week for four weeks, and shall only sell said real estate on the first Tuesday in each month. All sales shall take place in front of the council chamber in said town, and when a claim or illegality may be interposed the Marshal shall not sell, but in case of personal property the claim or illegality shall be returned to the Justice Court of the district in which said town is situated, to be there tried unless the amount of the execution shall exceed one hundred dollars, then the same shall be returnable to the Superior Court of Telfair county and there tried and in case of

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claim or illegality be interposed to sale of real estate the same shall be returnable to the Superior Court of the county in which the property is situated, and when there may be a claim or illegality interposed the same rules and laws as regulate claims and illegalities in Justice Courts shall obtain, if returnable to a Justice Court, and if returnable to the Superior Court the same rules and laws as regulate such matters in Superior Court shall obtain, and in any case if claims or illegality to a sale be interposed in which the same is returnable to Justice Court there may be an appeal to Superior Court from the decision of the Justice in cases where the amount of the execution exceeds fifty dollars, and should the amount of the execution be fifty dollars or less the case may be carried to the Superior Court by certiorari from the decision of the Justice. Writs, subpoenas, etc. Executions. Sales by Marshal. Claims and illegalities. Sec. XXII. Be it further enacted , That there may be an appeal from the decision of the Mayor to the Board of Councilmen in all cases, and a majority of said Board shall be sufficient to hear such appeal. The appellant, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay costs, and there may be a certiorari to the Superior Court in all cases from the decision of the Mayor, and there may also be a certiorari to Superior Court from the decision of the Board of Councilmen in all cases. Appeals from Mayor's decisions. Sec. XXIII. Be it further enacted , All laws militating and in conflict with this Act be, and the same are hereby, repealed. Approved September 23d, 1881. REGULATIONS FOR GOVERNMENT OF TOWN OF PENFIELD, No. 330. An Act to amend an Act entitled An Act to alter and amend an Act entitled An Act amendatory of an Act entitled `An Act to incorporate the Baptist Convention of the State of Georgia, and to authorize certain Trustees of Mercer University to make by-laws and regulations for the government of said village of Penfield, assented to 28th of December, 1838, so far as to place the government of the said village of Penfield in the hands of Commissioners, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act be amended by striking from the sixth line of the first section thereof the word three, and inserting the word five, and by striking from the seventh line of said first section the words, To act in conjuction with three

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other Commissioners to be appointed by the Board of Trustees of Mercer University, or by the prudential committee of said board, and by striking also therefrom, in the tenth line thereof, the word joint, and by striking from the fourteenth line thereof the words and University, so that said section, as amended, shall read as follows: 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 second section of the before recited Act shall be altered and amended as follows, viz: That on the first Monday in January, annually, the citizens of Penfield authorized to vote for members of the General Assembly shall elect five Town Commissioners, which Board of Commissioners shall be authorized and empowered to elect a Marshal, appoint patrols, and to perform such other acts, and to make such by-laws and regulations for the government of said village, as they may deem necessary and proper for the promotion of the interest of said village; Provided , that such by-laws and regulations be not repugnant to the constitution of this and of the United States. Town of Penfield to be governed by five town Commissioners to be chosen by the people. Subordinate officers. By-laws and regulations. Sec. II. Be it further enacted by the authority aforesaid , That said Act be further amended by adding thereto between the 5th and 6th sections thereof the following sections: Section I. The commissioners provided for by this Act shall be known as the Penfield Commissioners, and shall be capable in law of sueing and being sued, of pleading and being impleaded in the courts of this State, shall be a body corporate and politic, and the said Commissioners shall have power to make and execute, or have executed, all by-laws and regulations necessary for the preservation of the peace and good order of said town, and shall hold their offices for one year from their election, and until their successors are elected and qualified. Section 2. The corporate limits of the town of Penfield shall extend one mile in every direction from the College chapel of said town. Section 3. In the event no election is had as hereinbefore provided for Commissioners, then it shall be lawful to elect said Commissioners at any subsequent time, by first giving five days' notice of the time and place of holding said elections in two or more public places, in said town. Section 4. No person shall be eligible to the office of Commissioner of said town of Penfield, who shall not have resided in the county of Green six months, and in the town of Penfield ten days next preceding the election for said Commissioners, and the polls shall be opened at said election from 12 meridian to 4 o'clock P. M. Section 5. The Commissioners of said town shall have power to punish by fine not to exceed ten dollars, imprisonment in the calaboose, work on the public streets or roads, one or more of these penalties, in the discretion of the Commissioners, said imprisonment or labor not to exceed fifteen days for each offense, any person who shall be

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by them convicted of a violation of any ordinances of said town. Section 6. Said Commissioners, in addition to the general powers hereinbefore conferred, shall have special power to pass all necessary ordinances for the suppression and prevention of all kinds of games in said town, but shall have no power to license, or in any manner permit, the selling of intoxicating liquors therein. Section 7. Said Commissioners shall, after their election and before entering upon a discharge of their duties, take and subscribe before an officer authorized to administer it, the following oath: I do solemnly swear that I will faithfully and impartially discharge the duties imposed upon me by the charter and by-laws of the town of Penfield, to the best of my skill and knowledge, so help me God. Corporate name. Rights and liabilities. Corporate limits. Elections of Commissioners. Qualifications for Commissioners. Management of elections. Punishment for violations of ordinances. Suppression of games Sale of liquors prohibited. Oath of Commissioners. Sec. III. Be it further enacted by the authority aforesaid , That the second section of said Act, in the second and third lines thereof, be amended by striking therefrom the word freeholders. Act further amended. Sec. IV. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. CHARTER OF SHARPSBURG AMENDED. No. 338. An Act to amend an Act entitled, An Act to incorporate the town of Sharpsburg, in the county of Coweta, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 5 of an Act entitled, An Act to incorporate the town of Sharpsburg, in the county of Coweta, be amended by striking out after the word Sharpsburg, in the twelvth line of said section, the following words, to-wit: Provided , persons selling such liquors under a license from said Commissioners shall not be exempt from also purchasing like license from the county authorities, so that said section when so amended shall read as follows: That the said President and Commissioners, or a majority of them, shall hold their meetings at such times and places within said town as they may deem proper; shall have power to levy a tax on real and personal property within the limits of said town, and for the benefit thereof; Provided , said tax shall not exceed fifty per cent. of the State tax. They may pass rules and regulations for taxing

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ten-pin alleys, billiard tables, and other establishments calculated to encourage idleness, or shows performing or exhibiting for purpose of gain, and itinerant traders within the limits of said town; and shall have full power to tax and regulate the sale of spirituous liquors and other intoxicating drinks within the limits of said town of Sharpsburg. Said Commissioners shall also have power to pass laws enforcing order, for removing nuisances, and for the promotion of peace and good order. They shall have power to punish offenders against their by-laws by fine and imprisonment; provided , such fine shall not exceed twenty dollars, or five days imprisonment for each violation of their by-laws. They shall also have power to call out such persons as are liable to perform road duty, and who reside within the limits of said incorporation, to work on the streets of said town of Sharpsburg for a time not exceeding ten days in one year. Charter amended by striking from the same the provision that liquor sellers under license from Commissioners shall not be exempt from county license. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 28th, 1881. CHARTER OF TALBOTTON AMENDED. No. 357. An Act to amend an Act entitled. An Act incorporating the town of Talbotton, in the county of Talbot, so as to authorize the City Council of said town to create fire limits, as regards the erection of wood buildings upon the blocks surrounding the public square. 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 Talbotton, in the county of Talbot, be, and the same is hereby, amended so that the City Council of said town shall have the authority, which is hereby conferred on said City Council, to create fire limits in said town as regards the erection of wood buildings upon the blocks surrounding the public square in said town. Council given authority to create fire limits. Sec. II. Be it further enacted by the authority aforesaid , That said City Council of the town of Talbotton are hereby invested with full power and authority to pass such ordinances as they may deem proper for the enforcement of the power conferred on said Council in section 1 of this Act, not inconsistent with the constitution and laws of this State. Ordinances to enforce power given in first section.

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Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 28th, 1881. PUBLIC SCHOOLS FOR CITY OF DALTON. No. 359. An Act to authorize the Mayor and Council of the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to section 4, article 8 of the constitution of Georgia, and to authorize the County School Commissioners of Whitfield county to pay over to the Board of Trustees of said city, such part of the State school fund as may be the just pro rata share of said city. Section 1. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities of the city of Dalton having so recommended), That the Mayor and Council of Dalton, Whitfield county, Georgia, is hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed fivetenths of one per cent. for the purpose of establishing and maintaining public schools in and for the city of Dalton, Whitfield county, Georgia; Provided , the sum so raised shall be used only for the purposes as set forth in this section. Tax to be levied for public schools. Amount of tax. Sec. II. Be it further enacted by the authority aforesaid , That no children shall be recipients of the benefits of said public schools whose parents, guardians or natural protectors have not been actual residents of the city of Dalton for twelve months preceding the time of their application for admission into said schools; but this section shall not be construed to exclude from said public schools the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become, the owner, in fee simple, of real estate of the value of five hundred dollars by corporation assessment; Provided , that no child or children shall be excluded from the benefits of said schools whose parent or guardian is a resident of said city and has paid taxes to said corporation for the years such benefit may be claimed. Qualifications of pupils. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That before this Act shall take effect and become operative, the Mayor of the city of Dalton shall order an election, giving at least ten days' notice to ascertain the sense of the qualified voters under

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this Act at said election, whether public schools shall be established or not in said city, and if the question should be decided affirmatively by the necessary constitutional majority, it shall be the duty of the corporate authorities to levy a tax as authorized by section 1 of this Act; but should the said question be decided negatively at said election or any future election, the effect shall only be to suspend the operations of this Act for one year from the date of said election. Election to determine whether this Act shall go into effect. Result of election. Sec. IV. Be it further enacted by the authority aforesaid , That the first election under this Act shall take place on such day as may be determined by the Mayor and Council, after giving ten days' notice, and if the schools shall not have been established at the same time in any succeeding year, it shall be the duty of the Mayor of said city to order another election upon written application being made by any five qualified voters under this Act. When election shall be held. Sec. V. Be it further enacted by the authority aforesaid , That any election under this Act shall be held under the same rules and regulations as govern other city elections, and the notices required to be given by this Act shall be by publication in one of the city papers, or by posting at the court-house door, or by both, in the discretion of the Mayor of said city. Rules for election. Sec. VI. Be it further enacted by the authority aforesaid , That whenever, at any election held under this Act to decide whether public schools shall be established, a constitutional majority of votes shall be cast for the establishment of said public schools, then it shall be the duty of the Mayor and Council of the city of Dalton to elect five Trustees, who shall be citizens of Dalton, and qualified under this Act, two of said Trustees to hold their office for one year, and three for two years. Trustees of schools. Sec. VII. Be it further enacted by the authority aforesaid , That the Trustees elected under this Act shall have power, and it shall be their duty, to employ teachers for said public schools, and make such laws and regulations for the government of said public schools as they may deem necessary; and the said Board of Trustees shall further be empowered to elect their own president and secretary, and to fill any vacancy that may occur in the said board from death, resignation, or removal, and the person so appointed shall hold his office until the end of the term, and till the next regular election by the Mayor and Council for Trustees under this Act. Powers of such Trustees. Officers of Board. Sec. VIII. Be it further enacted by the authority aforesaid , That separate schools shall be provided for the white and colored children of said city if public schools are established under this Act. Separate schools for white and colored children. Sec. IX. Be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Dalton shall have authority, in addition to the taxes levied undersection 1 of this Act, to provide

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for the collection of an admission fee not to exceed one dollar per annum for each child from the parent, guardian or natural protector of each child attending said public schools. Admission fee. Sec. X. Be it further enacted by the authority aforesaid , That the persons qualified and entitled to vote under this Act shall be actual residents of the city of Dalton at the time of said election, and who are legally qualified to vote for Mayor and Councilmen of the city of Dalton. Qualifications for voters under this Act. Sec. XI. Be it further enacted by the authority aforesaid , That the tax collected for public schools for the city of Dalton under this Act shall remain a separate fund in the treasury of said city, subject to be drawn for only upon orders from the Board of Trustees, said orders to be countersigned by the Mayor and Clerk of said city under such rules and regulations as the Mayor and Council of said city may prescribe. Fund from tax to be kept separate. Sec. XII. Be it further enacted by the authority aforesaid , That the School Commissioners of Whitfield county are hereby authorized and required to pay over to the said Board of Trustees of public schools, under such rules and regulations as the Mayor and Council of said city may prescribe, the proportion of common school funds arising from any source belonging to said city, to be by them expended in the establishment and maintenance of said public schools as authorized and directed by the constitution and laws of this State, County School Commissioners to pay pro rata of school funds to Board of Trustees. Sec. XIII. Be it further enacted by the authority aforesaid , That the Trustees of said public schools may admit the children of non-residents to the benefits of said public schools upon payment of such fees for tuition as to them may seem reasonable and just. Non residents' children may be admitted. Sec. XIV. Be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Dalton shall have authority to pass all such ordinances as may be necessary to carry out the provisions of this Act not inconsistent with the constitution and laws of this State. Ordinances under this Act. Sec. XV. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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AUTHORIZING TOWN OF THOMASTON TO ISSUE BONDS FOR EDUCATIONAL PURPOSES. No. 414. An Act to authorize the Town Council of Thomaston, in Upson county to issue and sell bonds to the amount of five thousand dollars, and appropriate the proceeds to educational purposes; and to levy and collect a tax upon the taxable property within the corporate limits of said town to pay said bonds. Section I. Be it enacted by the General Assembly of Georgia , That the Town Council of the town of Thomaston, in the county of Upson be, and they are hereby, authorized to issue bonds not to exceed in the aggregate five thousand dollars of the denomination of one hundred dollars each, to become due and payable at such time or times, within thirty years after the date of the issue thereof, and bear interest not to exceed eight per cent. per annum, as said Town Council shall determine; Provided , that the sum for which said bonds are to be issued shall not exceed seven per centum of the assessed value of all taxable property in said town of Thomaston. Council authorized to issue bonds. Amount of bonds. When due. Proviso. Sec. II. Be it further enacted , That said Town Council shall assess and levy and collect a sufficient tax upon the taxable property within the corporate limits of said town to pay said bonds, principal and interest as they shall become due. Tax for payment of bonds. Sec. III. Be it further enacted , That said bonds shall be signed by the Mayor and the Clerk of said Town Council, and be sold or negotiated in such manner as said Mayor and Council may determine for the best interest of said town. How bonds shall be signed and negotiated. Sec. IV. Be it further enacted , That when said bonds shall have been issued and sold, or disposed of, said Town Council shall turn over to the Trustees of Thomaston High School such pro rata , or part, of the proceeds as may be based upon the taxable property of the white persons of said town, to be by said Trustees applied to the construction and completion of the academy building of Thomaston High School, as said Trustees shall direct, and to turn over to the Trustees of the school of colored children in said town such pro rata , or part, as may be based upon the taxable property of the colored persons in said town, to be by them applied to building purposes of an academy in said town for said colored school. Proceeds of bondshow appropriated. Sec. V. Be it further enacted , That the foregoing bill shall not take effect until the same shall have been submitted to a vote of the qualified voters of the said town, and approved by a two-thirds vote of persons so qualified to vote at such election, which election

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shall be held under an order of the Mayor and Council of said town, which order shall be published at the court-house door of said town by written notice, at least thirty days before holding such election. Election to be held to determine whether this Act shall go into effect. Sec. VI. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved September 29th, 1881. CHARTER OF TOWN OF LAWTONVILLE REPEALED. No. 416. An Act to repeal an Act to incorporate the town of Lawtonville, approved December 14th, 1871. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after January 1st, 1882, an Act entitled An Act to incorporate the town of Lawtonville, be, and the same is hereby, repealed. Act incorporating Lawtonville, repealed, after January 1st, 1882. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with the above be, and the same are hereby, repealed. Approved September 29th, 1881. TOWN OF ALAPAHA INCORPORATED. No. 433. An Act to incorporate the town of Alapaha, in the county of Berrien, and provide for the election of a Mayor and Aldermen for said town, and to define the corporate limits of said town, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the town of Alapaha, in the county of Berrien, is hereby incorporated as a town, under the name of The Town of Alapaha. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one-fourth of a mile in every direction from the junction of Main and Center streets in said town. Corporate limits.

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Sec. III. Be it further enacted by the authority aforesaid , That an election shall be held on the first Thursday in November, 1881, for a Mayor and five Aldermen, who shall serve until their successors shall have been elected and qualified. First election for Mayor and Aldermen. Sec. IV. Be it further enacted by the authority aforesaid , That on the first Thursday in November, 1882, a second election shall be held for Mayor and Aldermen of said town, and annually thereafter on the first Thursday in November. But no one shall vote for, or be eligible to, the office of Mayor or Alderman who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the officers to which they have been elected. Subsequent elections. Qualifications of officers and voters. Regulations for elections. Sec. V. Be it further enacted by the authority aforesaid , That before entering on the discharge of their duties the Mayor and each Alderman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Alderman as the case may be), of the town of Alapaha, to the best of my ability and understanding, so help me God. Oath of Mayor and Aldermen. Sec. VI. Be it further enacted by the authority aforesaid , That the said Mayor and Aldermen shall have power and authority to elect such Marshals, Clerks, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. Sec. VII. Be it further enacted by the authority aforesaid , That the Mayor and each Alderman shall be ex officio a Justice of the Peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses and to examine them under oath, to admit any offender to bail, or to commit him or her to jail for violation of the laws of this State committed within the corporate limits of said town, and to commit to the guard-house for any violation of the ordinances of said town. Mayor and Aldermen ex officio Justices of the Peace. Sec. VIII. Be it further enacted by the authority aforesaid , That said Mayor and Aldermen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town which are not inconsistent with the laws of this State or United States. Ordinances and by-laws. Sec. IX. Be it further enacted by the authority aforesaid , That

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said Mayor and Aldermen shall have power to levy and collect a tax, not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town. They may require a license not exceeding fifty dollars on ten-pin alleys, billiard and pool tables, and other establishments calculated to encourage idleness, and on all shows and exhibitions performing for the purpose of gain, and shall have power to regulate the sale of liquors in said corporation, and to fix the amount to be paid for license to sell spirituous liquors in said town, and to pass ordinances for the abatement of nuisances and removing obstructions from the streets of the town, and to lay out streets, and to regulate the width and length of the same. They also shall have power to require all persons within said corporation, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on said streets, and shall have power to imprison any defaulter, who fails or refuses to work on said streets when required, in the guard-house of said town, not exceeding three days for each day he fails or refuses to work. Taxation. License fees. Sale of liquors. Nuisances. Streets. Sec. X. Be it further enacted by the authority aforesaid , That the Mayor of said town, and in his absence the Mayor pro tem . (who shall be elected by the Aldermen from their own number), shall be chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders made by the Mayor and Aldermen are faithfully executed; he shall have control of the police of said town, and may appoint special police when he may deem it necessary, and he shall deem it his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and, to this end, he cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and, in default of immediate payment, he may imprison the offender in the guard-house of said town. Duties of Mayor. His powers. Sec. XI. Be it further enacted by the authority aforesaid , That if at any time the office of Mayor and Alderman shall become vacant by death, resignation or otherwise, the remaining members of the Council may fill such vacancy by appointment from among the citizens of said town eligible to such office. Vacancies. Sec. XII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TOWN OF GROVETON INCORPORATED. No. 434. An Act to incorporate the town of Groveton, in the county of Columbia, and to grant election powers and privileges to the same, and for other purposes. 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 town of Groveton, in the county of Columbia, shall be a body corporate, with the corporate limits of said town extending one and a half miles in every direction from the Georgia railroad depot in said town. Said corporation may sue and be sued, plead and be impleaded, make and publish such ordinances and by-laws as may promote the interest of the same, and do all other acts usually allowed corporations; Provided , they be not in conflict with the constitution of this State or of the United States. Groveton incorporated. Corporate limits. Rights and liabilities. Sec. II. Be it further enacted by the General Assembly of the State of Georgia , That Dr. Joseph Hatton, John N. Fisk, Charles J. Clifford, Charner H. McDonald, Ulysses R. Brooks, be, and they are hereby, appointed Commissioners of the town of Groveton, in the county of Columbia, to serve until their successors are elected and qualified, as hereinafter provided. Commissioners appointed. Sec. III. Be it further enacted , That said Commissioners shall organize by the election of one of their number chairman, and a majority of the same shall constitute a quorum for the transaction of business. Chairman of Board. Quorum. Sec. IV. That on the first Wednesday in January, 1881, and annually thereafter on the first Wednesday in January, all persons residing in the corporate limits of said town who are qualified to vote for members of the Legislature, shall, at such place in said town as may be designated by the Commissioners, elect by ballot a Chairman and four other Commissioners, who shall hold their office for one year, and until their successors are elected and qualified. Said election shall be conducted as other elections under the laws of this State, and the managers shall certify the result to the Chairman of Council, who shall declare the five persons receiving the highest number of votes the Chairman and Commissioners of said town for the next ensuing year. Elections for Commissioners. Their term. Regulations of elections. Sec. V. Be it further enacted by the authority of the same , That said Chairman and Commissioners shall have power to elect such Marshals, Clerks, and other officers as they may deem necessary to carry out their ordinances and by-laws. Subordinate officers. Sec. VI. They shall have exclusive power to regulate the sale of liquors in said town, and also power to punish disorderly persons

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by fine or imprisonment, or both, or commit for violations of the laws of this State; to levy such taxes to support their corporate government, open and keep up their streets, and for the promotion of the growth and advancement of said town, as they may deem necessary, so far as the constitution of this State will allow: Provided , said taxes shall in no case exceed one half of one per cent. per annum on the value of all property in said town. Sale of liquors. Disorderly persons. Taxation. Proviso. Sec. VII. That said Commissioners, in addition to the foregoing, shall have power to tax all shows, auctioneers, vendors of patent medicines, and sleight-of-hand performances, and to levy and collect such license tax on billiard tables and vendors of intoxicating liquors as they may deem most to the interest of said town. Specific taxes. Sec. VIII. Said Chairman and Commissioners shall, before entering on their duties, take and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will, during my continuance in office, perform all the duties devolving on me as Commissioner of the town of Groveton in such manner as will in my opinion be most to the interest of said town, so help me God. Oath of Commissioners. Sec. IX. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. CHARTER OF TOWN OF SUMMERVILLE AMENDED. No. 438. An Act to amend an Act entitled, An Act to incorporate the town of Summerville, in the county of Chattooga; to appoint Commissioners for the same, and for other puposes, approved March 2nd, 1874, by adopting the provisions of sections 779 to 797, inclusive, of the Code of 1873, as a part of the charter of said town. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act be, and the same is hereby, amended by adopting the provisions of law as contained in sections 779 to 797, inclusive, of the Code of 1873, as a part of the charter of the town of Summerville. Sections 779 to 797 of the Code made part of charter. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TOWN OF REYNOLDS AUTHORIZED TO ISSUE BONDS FOR SCHOOL PURPOSES. No. 451. An Act to authorize the Town Council of the town of Reynolds, in Taylor county, to issue and sell bonds not exceeding fifteen hundred dollars in the aggregate amount, for the purpose of raising money to build a school-house or academy in said town, and to authorize said Town Council to levy and collect a tax upon the taxable property within the corporate limits of said town to redeem said bonds, etc. Section I. The General Assembly do enact , That the Town Council of the town of Reynolds, in Taylor county, be, and they are hereby, authorized and empowered to issue bonds not to exceed in the aggregate amount the sum of fifteen hundred dollars, which bonds shall be of the denomination of one hundred dollars, each, and shall be due and payable as follows: Five hundred dollars to fall due on the 1st day of January, 1882; five hundred dollars on the 1st day of January, 1883, and five hundred dollars on the 1st day of January, 1884, said bonds to bear eight per cent. interest per annum. Council may issue bonds. Not to exceed $1500.00. When to be due. Sec. II. Be it further enacted , That it shall be the duty of said Town Council to assess and levy a sufficient tax upon the taxable property within the corporate limits of said town to pay off and discharge said bonds, principal and interest, as they fall due, as provided in the first section of this Act. Tax for payment of bonds. Sec. III. Be it further enacted , That said bonds shall be signed by the Mayor and Clerk of the Council of said town of Reynolds, and the same shall be sold or negotiated in such way and manner as said Mayor and Council may determine to be for the best interests of said town. How bonds shall be signed and negotiated. Sec. IV. Be it further enacted , That when said bonds shall have been issued and sold or disposed of as aforesaid, it shall be the duty of said Mayor and Council to apply the proceeds of such sale to the erection of a suitable school-house or academy in said town, and to that end may employ such agents as may be necessary for that purpose. How proceeds shall be applied. Sec. V. Be it further enacted , That, from and after the passage of this Act, the Mayor of said town of Reynolds shall submit the question of issuing said bonds to an election, to be held by the qualified voters of said town on a day by him fixed, after having duly advertised the same thirty days prior to said election, said election to be held in manner and under the regulations prescribed by law for holding elections for members of the General

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Assembly, and should the assent of two-thirds of such qualified voters be received thereto, then the provisions of this Act shall obtain, and said bonds shall issue in pursuance thereof. Question of issuing bonds to be submitted to vote Regulations for election. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict herewith be, and are hereby, repealed. Repealing clause. Approved September 30th, 1881. TOWN OF MILLEN INCORPORATED. No. 453. An Act to incorporate the town of Millen. Section I. Be it enacted by the authority of the General Assembly of the State of Georgia , That the territory lying and being in the counties of Scriven and Burke, in said State, and through which the Central railroad passes, and said territory being sometimes known as Millen Station, be, and the same is hereby, declared an incorporated town, to be hereafter known, held, and deemed an incorporated town, by the name of Millen, with such metes and bounds as is hereinafter mentioned. Millen incorporated. Corporate name. Sec. II. Be it further enacted by authority aforesaid , That the incorporate limits of said town of Millen, shall be one mile square, and to be fixed, determined, and embraced between lines as follows, to-wit: A line crossing said railroad at right angles, at a point one-half mile north-west of the Central railroad ticket-office at said Millen Station, and the other lines so running as to form a square, with said ticket office located in the centre of said square. Corporate limits. Sec. III. Be it further enacted by authority aforesaid , That all the laws of this State in reference to incorporated towns, as mentioned and embraced in section seven hundred and seventy four (774) to section seven hundred and ninety-seven (797) inclusive. of the new Code of Georgia of 1873, and which are not inconsistent with the provisions of this Act, shall be applicable to said town of Millen. Section 774 to 797 inclusive, made applicable. Sec. IV. Be it further enacted by authority aforesaid , That the first election of a Mayor, Recorder and five Councilmen, to fill said offices respectively, for said town of Millen, shall be held at said ticket-office, on the first Tuesday in November, in the year eighteen hundred and eighty-one, under the election laws of said State. And the terms of their respective offices shall commence as soon after their election as they shall severally qualify, as prescribed by law, and shall continue until the first Tuesday in February, 1882, A. D., and until their successors are duly elected and qualified, as provided by law. First election of officers. Term of said officers.

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Sec. V. Be it further enacted by authority aforesaid , That no local law regulating the sale of any spirituous or intoxicating liquors either in the county of Scriven, or in the county of Burke, shall be applicable to said town of Millen, but said town of Millen by, and through its duly qualified municipal authorities, may by ordinance, regulate the sale of the same, and fix amount of the license fee, or may forbid the sale of the same altogether, as to them shall seem meet and proper. Metes and bounds to be surveyed. Sec. VI. Be it further enacted by authority aforesaid , That the Mayor of said town of Millen, as soon as is practicable, shall cause the metes and bounds of the said town of Millen to be surveyed jointly by the County Surveyors of both the counties of Scriven and Burke, and cause them to plat the same, which plat shall be recorded in the Clerk's office of the Superior Courts of both Scriven and Burke counties. And a certified copy of said plat from the Clerks office of the Superior Court of either of said counties, shall be admitted in evidence in any and all courts of this State just as the original plat may be admitted. Certified copy of plat to be admitted in evidence in courts of this State. Sec. VII. Be it further enacted by authority aforesaid , That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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TITLE II. SUPERIOR COURTS. ACTS. Time for holding Superior Court of Henry county changed. Terms of Washington county Superior Court changed. Stewart county transferred from the Chattahoochee to the Southwestern Circuit. Terms of Superior Court of Schley county changed. Spring terms of Mitchell Superior Court changed. Terms of Laurens county Superior Court changed. Terms of Superior Courts of Lumpkin and Dawson counties changed. Superior Court calendar for Brunswick Circuit revised. Terms of Montgomery Superior Courts changed. Bulloch county transferred from Eastern to Middle Judicial Circuit. Terms of Superior Courts for counties of Pickens, Gilmer and Fannin fixed. Court calendar for Northeastern Judicial Circuit. Terms of Marion Superior Court changed. Terms of Quitman Superior Court changed. Spring terms of Macon Superior Court changed. Terms of Upson Superior Court changed. Terms of Troup Superior Court changed. Terms of Mitchell Superior Court changed. Terms of Bulloch Superior Court changed. Terms of Clayton Superior Court changed. Terms of Baldwin Superior Court changed. Order of cases in Jackson Superior Court to be changed. TIME FOR HOLDING SUPERIOR COURT OF HENRY COUNTY CHANGED. No. 1. An Act to change the time of holding the Superior Court of the county of Henry, and for other purposes. Section I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same , That, from and after the passage of this Act, the time of holding the Superior Court of the county of Henry shall be changed from the second Mondays

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in January and July to the third Mondays in April and October in each year. Superior Courts of Henry county to be held on the 3d Mondays in April and October. Sec. II. Be it further enacted , That all writs, suits, processes, orders, summonses, and all other proceedings returnable to said courts prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed, and the grand and traverse jurors drawn for the January term of said Court, as was prescribed by law prior to the passage of this Act, shall be, and are, required to attend and serve as jurors for the term prescribed by this Act. Writs, suits, etc., shall be held returnable to terms above fixed. Grand and Traverse Jurors, January term, to serve as herein fixed. Sec. III. Be it further enacted , That all laws and parts of laws in conflict withthis Act be, and the same are hereby, repealed. Approved December 6th 1880. TERMS OF WASHINGTON COUNTY SUPERIOR COURT CHANGED. No. 15. An Act to change the time of holding the Superior Courts for the county of Washington. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the time of holding the Superior Court of the county of Washington shall be the first Monday in March and September, instead of the fourth Monday in May and November, as now provided by law. Superior Courts to be held on 1st Mondays in March and September. Sec. II. Be it further enacted by the authority aforesaid , That all writs, suits, processes, orders, summonses, and all other proceedings returnable to said courts prior to the passage of this Act, shall be held as returnable at the terms as herein fixed, and the jurors drawn for said courts, as prescribed by law prior to the passage of this Act, shall be required to attend and serve as jurors for the terms prescribed by this Act. Writs, suits, etc., heretofore returnable to said court, made returnable to terms hereinbefore fixed. Sec. III. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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STEWART COUNTY TRANSFERRED FROM THE CHATTAHOOCHEE TO THE SOUTHWESTERN JUDICIAL CIRCUIT. No. 16. An Act to transfer the county of Stewart from the Chattahoochee Circuit to the Southwestern Judicial Circuit, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the county of Stewart, now included within the Chattahoochee Judicial Circuit, be, and the same is hereby, transferred to and made a part of the Southwestern Judicial Circuit, in this State. Stewart county transferred from Chattahoochee to Southwestern Circuit. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. TERMS OF SUPERIOR COURT OF SCHLEY COUNTY CHANGED. No. 19. An Act to change the time of holding the Superior Courts for the county of Schley, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the regular terms of the Superior Courts for the county of Schley shall be held on the fourth Mondays in March and September, instead of the fourth Mondays in April and October, as now provided by law. Superior Court shall be held on the 4th Mondays in March and September. Sec. II. Be it further enacted by the authority aforesaid , That all writs, suits, processes, orders, summonses, and other proceedings returnable to said courts prior to the passage of this Act, shall be held and considered as returnable to the times as herein fixed, and the jurors drawn for the terms of said courts, as were prescribed prior to the passage of this Act, shall be required to attend and serve for the terms prescribed by this Act. Writs, processes, etc., when returnable. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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SPRING TERMS OF MITCHELL SUPERIOR COURT CHANGED. No. 27. An Act to change the time of holding the spring term of the Superior Court of the county of Mitchell from the first Monday to the fourth Monday in the month of March. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That, from and after tha passage of this Act, the time of holding the spring term of the Superior Court of the county of Mitchell shall be the fourth Monday in March of each year, instead of the first Monday of said month of March as now provided by law. Spring terms of Mitchell Superior Court to be held on the 4th Mondays in March of each year. Sec. II. Be it further enacted by the authority aforesaid , That all writs, suits, processes, orders, summonses, and all other proceedings returnable to said court prior to the passage of this Act shall be held and considered as returnable to the term, as herein fixed and prescribed, and the grand and travers jurors drawn for the said March term of said court for the time prescribed by law prior to the passage of this Act shall be, and they are hereby, required to attend and serve as such jurors for said March term at the time prescribed by this Act. Writs, processes, etc.; when returnable. Jurors to serve for term as herein fixed. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. TERMS OF LAURENS COUNTY SUPERIOR COURT CHANGED. No. 47. An Act to change the time of holding the Superior Courts of the county of Laurens, to provide for the drawing of juries and the terms of service, and to legalize said juries. 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 Courts of Laurens county shall be on the third and fourth Mondays in February and August. Superior Courts of Laurens county to be held on 3rd and 4th Mondays in February and August. Sec. II. Be it further enacted , That all processes, summonses, orders, or other proceedings of said court, shall be transferable and returnable to the August term, 1881, and February term,

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1882, and all subsequent February and August terms, as they would have been to said April and October terms, the same as if this Act had not been passed. Processes, summons, etc.; when returnable. Sec. III. Be it further enacted , That there shall be drawn, in the same manner as is now provided by law, grand and traverse jurors, for each of the two weeks contemplated by said Act, said jurors not being compellable to serve for a longer time than one week; Provided , that this section does not go into operation until after the first court held in pursuance of this Act. Jurors for terms herein fixed. Sec. IV. Be it further enacted , That the juries drawn for the October term, 1881, shall be held and deemed competent for the August term, 1881. Juries drawn for October Term, 1881, competent for August Term, 1881. Sec. V. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 19th, 1881. TERMS OF SUPERIOR COURTS OF LUMPKIN AND DAWSON COUNTIES CHANGED. No. 66. An Act to change the time of holding the Superior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin in said circuit two weeks at each the spring and fall terms of said court, and for other purposes. Section I. The General Assembly of Georgia do enact , That the terms of Lumpkin Superior Court shall hereafter be held on the second and third Mondays in April and September; and that the terms of Dawson Superior Court shall hereafter be held on the first Mondays in March and August. Terms of Lumpkin Superior Court. Dawson Superior Court Sec. II. It is further enacted , That all writs, processes, orders, summons, 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, and that the grand and traverse jurors which have been drawn for the terms as prescribed prior to the passage of this Act, shall be required to attend and serve as jurors at the terms fixed in this Act. Writs, processes, etc.; when returnable. Jurors for terms herein fixed. Sec. III. It is further enacted , That the grand and traverse jurors summoned to serve at the September term, 1881, of Lumpkin Superior Court, shall be required to serve for and during the full term of said court; and it shall be the duty of the presiding

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Judge of said court, at, from or after the aforesaid September term, 1881, of said court to draw one panel of grand jurors, who shall serve at and for both the first and second weeks of the succeeding term of said court, and two panels of traverse jurors, the one to serve at and for the first week of the suceeding term of said court, and the other at and for the second week of said term, and the jurors for all suceeding terms of said court, shall be drawn in the manner as last aforesaid. Jurors. Judge shall hereafter draw juries for two weeks' court. Sec. IV. It is further enacted , That so far as the county of Dawson is concerned, this Act shall not go into effect until the spring term, 1882, of the Superior Court of said county. When Act takes effect in Dawson. Sec. V. It is further enacted , That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 8th, 1881. SUPERIOR COURT CALENDER FOR BRUNSWICK CIRCUIT CHANGED. No. 78. An Act to revise the Superior Court calendar for all the counties comprising the Brunswick Judicial Circuit, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the time for holding the Superior Courts in the counties composing the Brunswick Judicial Circuit shall be as follows, to-wit: Terms of Superior Court of Brunswick Circuit. Clinch, first Mondays in March and October. Appling, second Mondays in March and October. Wayne, third Mondays in March and October. Pierce, fourth Mondays in March and October. Ware, first Mondays in April and November. Coffee, Tuesday after the second Mondays in April and November. Charlton, Tuesday after the third Mondays in April and November. Camden, fourth Mondays in April and November. Glynn, commencing on the first Mondays in May and December and to continue for two weeks, or as long as the business may require. Sec. II. Be it further enacted by the authority aforesaid , That all writs, processes, summonses, orders and other proceedings returnable to said courts prior to the passage of this Act, shall be held

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and considered as returnable to the terms as herein fixed and prescribed; and the grand and traverse jurors drawn for the terms as prescribed prior to the passage of this Act, shall be required to attend and serve as such jurors at the time fixed for the terms as prescribed in this Act. Writs, processes, etc.; when returnable. Jurors for terms as herein fixed. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11th, 1881. TERMS OF MONTGOMERY SUPERIOR COURT CHANGED. No. 89. An Act to change the time of holding the Superior Courts of the County of Montgomery, in the Oconee Judicial Circuit. 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 time of holding the Superior Courts of the county of Montgomery, shall be changed from Wednesday after the fourth Mondays in April and October, to the fourth Mondays in April and October, of each year. Montgomery Superior Court to be held on 4th Mondays in April and October. Sec. II. Be it enacted by the authority aforesaid , That all writs, processes, summons, orders and other proceedings returnable to said Court, prior to the passage of this Act, shall be held and considered as returnable to the term as herein fixed and prescribed. Writs, processes, etc.when returnable. Sec. III. Be it further enacted by the authority aforesaid , That all laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved August 18th, 1881. BULLOCH COUNTY TRANSFERRED FROM EASTERN TO MIDDLE CIRCUIT. No. 127. An Act to transfer the county of Bulloch from the Eastern to the Middle Judicial Circuit. Section I. Be it enacted by the General Assembly the State of Georgia , That, from and after the passage of this Act, the county

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of Bulloch be, and the same is hereby, transferred from the Eastern to the Middle Judicial Circuit. Bullock county transferred from Eastern to Middle Judicial Circuit. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 31st, 1881. TERMS OF SUPERIOR COURTS FOR COUNTIES OF PICKENS, GILMER AND FANNIN FIXED. No. 138. An Act to change and fix the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Judicial Circuit of this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the times of holding the Superior Courts of the counties of Pickens, Gilmer and Fannin, in the Blue Ridge Judicial Circuit in this State, shall be hereafter held as follows, to-wit: Terms of Superior Courts of Pickens, Gilmer and Fannin counties fixed. For the county of Pickens, on the second Mondays in May and October. For the county of Gilmer, on the third Mondays in May and October. For the county of Fannin, on the fourth Mondays in May and October. Sec. II. Be it further enacted by the authority aforesaid , That all petitions, bills, writs, summonses, mesne, and final processes, and other processes of whatsoever kind now returnable and pending in the said several Superior Courts, as the terms are now provided for, shall hold good and relate to the terms of said courts as provided for in this Act; and that all grand and traverse jurors summoned to attend the said courts as now provided by law, shall be required to attend at the terms of said courts as prescribed by this Act. Writs, processes, etc.when returnable. Jurors for terms herein fixed. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881.

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COURT CALENDAR FOR NORTHEASTERN JUDICIAL CIRCUIT. No. 141. An Act to fix the time of holding the courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the terms of the Superior Courts of the counties of the Northeastern Circuit shall be hereafter held as follows, to-wit: For the county of Hall on the first Mondays in February and August, and to be a three weeks' court at each term if necessary. For the county of Habersham, on the fourth Mondays in February and August, and to be a two weeks' court at each term if necessary. For the county of Rabun, on the second Mondays in March and September. For the county of Towns, on the third Mondays in March and September. For the county of Union, on the fourth Mondays in March and September. For the county of White, on the first Mondays in April and October, and to be a two weeks' court at each term if necessary. For the county of Lumpkin on the third Mondays in April and October, and to be a two weeks' court at each term if necessary. Superior Court calendar for Northeastern Judicial Circuit. Sec. II. Be it further enacted by the authority aforesaid , That all petitions, bills, writs, summonses, mesne and final processes, and other proceedings of whatsoever kind, now returnable and pending in the said several Superior Courts as the terms are now provided for, shall hold good and relate to the terms of said courts as provided for in this Act. Writs, processes, etc.when returnable. Sec. III. Be it further enacted by the authority aforesaid , That the fall term of the present year of Hall Superior Court shall be held on the third and fourth Mondays in September, as heretofore; and of Union Superior Court shall be held on the fifth Monday in October, and of Towns county on the first Monday in November, and of Habersham Superior Court on the second Monday in November, and to continue two weeks if necessary, and of Rabun county Superior Court on the fourth Monday in November. When Superior Court shall be held for Fall Term, 1881, in counties of Hall, Union, Towns, Habershak, and Rabun. Sec. IV. Be it further enacted by the authority aforesaid , That in each of the several counties above named, in which provision is made for more than one week's court, that it shall be lawful for the Judge to hold the same grand jury for the whole term, or so much thereof as the business may require, without drawing a new one. Grand Juries drawn for one week may be held for whole term. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881.

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TERMS OF MARION SUPERIOR COURT CHANGED. No. 155. An Act to change the time of holding the Superior Courts of the county of Marion, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the time of holding the Superior Courts of the county of Marion shall be on the fourth Monday in April and October in each year. Marion Superior Court to be held on 4th Mondays in April and October. Sec. II. Be it further enacted , That all writs, suits, processes, orders, summonses, and all other proceedings returnable to said court prior to the passage of this Act shall be held and considered returnable to the terms of said court as herein prescribed, and the grand and traverse jurors drawn for said courts prior to the passage of this Act shall be required to attend and serve as jurors for the terms herein prescribed. Writs, processes, etc.when returnable. Jurors for terms herein fixed. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 12th, 1881. TERMS OF QUITMAN SUPERIOR COURT CHANGED. No. 171. An Act to change the time for holding the Superior Courts for the county of Quitman. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the expiration of the year 1881, the Superior Courts for the county of Quitman shall be held on the third Mondays in March and September in each year. Quitman Superior Court to be held on 3rd Mondays in March and September. Sec. II. Be it further enacted by the authority aforesaid , That all writs, processes, and orders shall be returned to the terms as provided for in this Act. Writs, processes, etc. - when returnable. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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SPRING TERM OF MACON SUPERIOR COURT CHANGED. No. 177. An Act to change the time of holding the spring terms of the Macon Superior Court, and for other purposes. 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 spring terms of Macon Superior Court shall commence on the third Monday in June of each and every year, instead of on the third Monday in May of each and every year, as is now prescribed by law. Spring Terms of Macon Superior Court to be held on 3rd Mondays in June. Sec. II. Be it further enacted by authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. TERMS OF UPSON SUPERIOR COURT CHANGED. No. 183. An Act to change the time of holding the Superior Court in the county of Upson. Section I. Be it enacted by the General Assembly of the State of Georgia , That, commencing with the year 1882, the time for holding the Superior Courts in the county of Upson shall be on the third Mondays in January and July, instead of the first Mondays in May and November. Upson Superior Court to be held on 3rd Mondays in January and July. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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TERMS OF TROUP SUPERIOR COURT CHANGED. No. 197. An Act to provide for changing the times of holding the Superior Court of Troup county. 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 regular times for holding the Superior Courts for Troup county shall be on the third Monday in April and the first Monday in November of each year: Provided , that this Act shall not become of force until the first of January, 1882. Troup Superior Court to be held on 3rd Mondays in April and 1st Mondays in November. Sec. II. Be it enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. TERMS OF MITCHELL SUPERIOR COURT FIXED. No. 288. An Act to fix the times for holding the Superior Court for the county of Mitchell, and provide for two weeks for each term, instead of one, as now provided. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the first day of January, 1882, the times for holding the Superior Court for the county of Mitchell shall be on the third and fourth Mondays in March and the fourth Monday in November, and the week following, of each year, and that each regular term of said court shall be two weeks instead of one. Terms of Mitchell Superior Court Sec. II. Be it enacted by the authority aforesaid , That separate grand and petit juries shall be drawn and summoned to serve respectively at the first and second weeks of each of said terms of said court. Separate grand and separate petit juries to be drawn for each week. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24th, 1881.

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TERMS OF BULLOCH SUPERIOR COURT CHANGED. No. 324. An Act to change the time of holding the Superior Court of Bulloch county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the 1st day of January, 1881, the time for holding the Superior Court of the county of Bulloch shall be changed from the fourth Mondays in April and October to the first Mondays in April and October in each year. Bullock Superior Court to be held on 1st Mondays in April and October. Sec. II. Be it further enacted , That all suits, processes, orders, summonses, and other proceedings returnable to said court prior to the passage of this Act, shall be held and considered as return able to the terms as herein fixed and prescribed. Suits, processes etc.when returnable. Sec. III. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881. TERMS OF CLAYTON SUPERIOR COURT CHANGED. No. 337. An Act to change the time of holding the Superior Courts for the county of Clayton, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That after the year 1881, the times for holding the Superior Courts for the county of Clayton shall be the third Mondays in February and August in each year, instead of the first Mondays in March and September, as now provided by law. Clayton Superior Court to be held on 3rd Mondays in February and August. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881.

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TERMS OF BALDWIN SUPERIOR COURT CHANGED. No. 409. An Act to alter and change the time of holding the Superior Courts of Baldwin county. 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 regular times for holding the Superior Courts for the county of Baldwin shall be on third (3) Mondays in January and July in each year. Baldwin Superior Court to be held on 3rd Mondays in January and July. Sec. II. Be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]naed or bound as suitors, witnesses, jurors, or in any other capacity, to attend said courts at the time which by the laws now in force are holden, shall be bound by virtue of said subp[UNK]na or other process heretofore issued, to attend said courts as altered by this Act. Witnesses, jurors, etc., to attend terms herein fixed. Sec. III. Be it further enacted by the authority aforesaid , That all writs, precepts, and processes of any kind or nature whatsoever, shall be made returnable to the terms heretofore recited. Writs, etc.when returnable. Sec. IV. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 29th, 1881. ORDER OF CASES IN JACKSON SUPERIOR COURT TO BE PUBLISHED. No. 428. An Act to require the Judge of the Superior Court for the county of Jackson to have published in advance of the opening of the regular terms thereof the order in which he will take up the dockets of said court, and for other purposes. Section I. The General Assembly do enact , That, from and after the passage of this Act, it shall be the duty of the Judge of the Superior Court for the county of Jackson to pass an order, and have the same published once a week for two weeks before the opening of any regular term of said court, in the newspaper in which the Sheriff's sales of said county are advertised, announcing the order in which he will take up the docket of said court, and,

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as nearly as may be practicable, the number of days he will devote to each of said dockets. Judge of Jackson Superior Court required to publish order for trial of cases. Sec. II. Be it further enacted , That it shall be the duty of the Clerk of said court, upon the application of the Judge, to furnish such Judge with a list of the cases standing for trial on each of the several dockets of said court. Duty of Clerk to furnish list of cases. Sec. III. Be it further enacted , That the expense of the publication of said order hereinbefore provided for shall be paid by the County Treasurer of said county upon the order of the Judge of said County Court. Expense to be paid by County Treasurer. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TITLE III. COUNTY OFFICERS. ACTS. Board of Commissioners for Fulton county established. Ordinary of Clarke county authorized to issue bonds for county indebtedness. Act consolidating offices of Sheriff and Tax Receiver of Green county repealed. Act reducing compensation of County Treasurer of Green county repealed. Act consolidating offices of Clerk Superior Court and Treasurer of Douglas county repealed. Commissioners of Roads and Revenues of Baker county. Commissioners of Roads and Revenues of Milton county abolished. Clerk of Board of Commissioners of Mitchell county. Commissioners of Roads and Revenues for Cobb county. Commissioners of Baker county authorized to levy tax. Act consolidating offices of Clerk Superior Court and Treasurer of Webster county repealed. Commissioners of Roads etc., for Brooks county created. Bond of Sheriff of Early county reduced. Commissioners of Roads etc., of Webster county. Commissioners of Glynn county authorized to issue bonds. Place of Sheriff's sales in Baldwin county. Compensation of county officers of Lincoln county. Commissioners of Mitchell county authorized to levy tax. Commissioners of Newton county authorized to levy tax. Extra compensation for Sheriff and Clerk of Burke county. Providing for court-house for Mitchell county. Change of court-house square of Douglas county. Commissioners of Columbia county may elect a clerk. Treasurer of Baldwin county, salary of. Dougherty county may buy bridge across Flint river. Commissioners of Greene county may regulate peddling and sale of liquors. Insolvent criminal costs of Clerk and Sheriff of Richmond county. Ordinary authorized to erect gates across roads of Douglas county. Commissioners of Roads, etc., for Worth county. Board of Commissioners of Chattooga county. Commissioners of Floyd county authorized to purchase bridges. Compensation for Commissioners of Taliaferro county. Compensation for Commissioners of Dougherty county. Commissioners of Roads, etc., for Polk county. Board of Commissioners of Madison county abolished. New Board of Commissioners for Scriven county. Commissioners of Roads, etc., of Fulton county. Commissioners of Roads of Taylor county. Commissioners of Roads, etc., of Douglas county. Authority of Commissioners of Glynn county as to county officers. County police for Richmond county.

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Commissioners of Roads, etc., of Emanuel county. Commissioners of Twiggs county authorized to buy property sold for taxes. Jury Commissioners for City Court of Atlanta. A BOARD OF COMMISSIONERS FOR FULTON COUNTY ESTABLISHED. No. 3. An Act to create a Board of Commissioners of Roads and Revenues of the county of Fulton, and to define their powers and duties, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That a Board of Commissioners of Roads and Revenues to consist of five persons, for the county of Fulton, is hereby created. The first Commissioners to be chosen under this Act shall be elected by the first grand jury, at the spring term, 1881, of Fulton Superior Court. One Commissioner shall then be elected for one year, two for two years, and two for three years. As their terms expire, their successors shall be elected by the first grand jury at the spring term of the court for three years; said Commissioners shall receive as compensation one hundred dollars per annum out of the county treasury. They shall give bond in the sum of one thousand dollars each, with sufficient sureties to be approved by the Judge of the Superior Court, and shall take an oath before the Judge of the Superion Court to faithfully discharge their duties. Grand jury to select five Commissioners of Roads and Revenues. Terms of Commissioners. Their successorshow chosen. Compensation of Commissioners. Their bond. Oath. Sec. II. That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county, as they may deem expedient, according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, bridges and ferries, in conformity to law; in establishing and changing election precincts, and militia districts; in supervising the Tax Collector and Receiver's books, and allowing the insolvent list for said county; settling all claims against the county, examining and auditing all claims or accounts of officers, having the care, management, keeping, collecting, or disbursement, of money belonging to the county, or appropriated for its use and benefit, and bring them to a settlement; and making such rules and regulations for the support of the poor of the county, and for the promotion of health, as are not inconsistent with law; in regulating peddling, and fixing the license for selling liquors; and to exercise such other powers as are granted by law, or are indispensable to their jurisdiction over county matters and county finances. General powers of Commissioners. Taxes. Election precincts and militia districts. Settling claims against county. Paupers. Health regulations. Licensing peddlers and liquor dealers.

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Sec. III. That said Board shall have the entire control and management of the convicts in said county, sentenced to work on the public works of said county, and shall employ them on the public roads and works of said county and on the streets of the city of Atlanta, under the laws heretofore passed in reference to the working of such convicts. Management of county convicts. Sec. IV. That said Commissioners shall hold one session on the first Monday in every month at the county site, in the courthouse building, in such office as shall be prepared for them: Provided , that a majority of said Board may convene the same in extraordinary session whenever in their judgment it may be necessary, and not less than three of said Board shall pass an order, or decree, on any subject matter. Sessions of Board. Majority may call a meeting. Quorum of Board. Sec. V. That said Board of Commissioners shall have authority, and they are hereby authorized, to fill any vacancy that may occur by death, resignation or otherwise; and said Commissioners shall keep a record of their actings and doings in a book to be provided for that purpose, which record shall be laid before the grand jury of said county at the spring term of the Superior Court in each year; said Board of Commissioners shall employ such clerical assistance as they may deem necessary, at a sum not to exceed one thousand dollars per annum. Vacancies in Board. Record of proceedings Clerical assistance. Sec. VI. The above Act shall not interfere with the committee appointed by the Judge of the Superior Court to superintend the building of a new court-house in said county, but said committee, to-wit: Daniel Pittman, G. T. Dodd, John Collier, W. R. Brown and Dr. H. H. Tucker, shall continue to superintend the construction of said building until its completion, and the commissioners herein provided for shall render said committee such financial and other aid as may be necessary to properly construct, complete and furnish said building. This Act not to interfere with committee to superintend building of new Court House. Said committee continued in office. Sec. VII. That all laws and parts of laws in conflict with the above Act be, and the same are hereby, repealed. Approved December 3d, 1880.

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THE ORDINARY OF CLARKE COUNTY AUTHORIZED TO ISSUE BONDS FOR COUNTY INDEBTEDNESS. No. 6. An Act to authorize the Ordinary of Clarke county to issue bonds to substitute or exchange for county bonds of said county, now outstanding, or with which, if necessary, to raise money to pay off said outstanding bonds. Whereas. the bonded indebtedness of Clarke county amounts to about $41.500, which bonds are coupon bonds drawing interest at the rate of 7 per cent. per annum, payable semi-annually in gold or coin; and, whereas , about $11,500 worth of said bonds fall due on the first day of July, 1881, and the remainder on the first day of July, 1895; and, whereas , the levy of county taxes in time and sufficient to pay at maturity said bonds falling due on the first day of July, 1881, and to meet the annual current expenses of said county, would impose a burden on the tax-payers of said county too grievous to be borne; and, whereas , the holders of said last named bonds, in collecting the interest due on the first day of July, 1881, will have to detach and surrender the last coupons of said bonds, and from thereafter will have no convenient way to collect their interest thereon: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of Clarke county be, and he is hereby, authorized to issue bonds of said county, with coupons attached, said bonds to draw seven per cent. interest, payable semi-annually in gold, the interest beginning on the first day of July, eighteen hundred and eighty-one, and the first payment of interest to become due on the first day of January, eighteen hundred and eighty-two, and half-yearly thereafter, upon presentation of the proper coupons to the County Treasurer of said county. The amount of the bonds so to be issued shall not exceed the amount of the bonds of said county that may be outstanding and due on the first day of July, eighteen hundred and eighty-one, and shall be made payable and become due on the first day of July, eighteen hundred and eighty-six, but all, or any of them, may be redeemable at any time after the first day of January, eighteen hundred and eighty-two, upon twenty days' notice by said Ordinary in the public gazette in which the legal notices of the Sheriff of said county are or may then be published; and said Ordinary is hereby authorized, by the consent of the holders of the bonds of said county that may be due and outstanding on the first day of July, eighteen hundred and eighty-one, to give any or all of said holders, in even exchange for the bonds so held, an equal amount at par

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value of the bonds above authorized to be issued, viz: each of said two classes of bonds to be valued in the exchange at one hundred cents in the dollar; and should any or all of said holders fail or refuse to make such exchange, then said Ordinary is hereby authorized to sell at not less than par value a sufficiency of the bonds above authorized to be issued to pay off in money the outstanding bonds aforesaid, which money so raised shall be thus applied. Ordinary authorized to issue bonds. Interest on said bonds. Amount of bonds to be issued. When payable. Exchange of said bonds for outstanding bonds. Value of two classes of bonds. If exchange is refused, Ordinary may sell bonds to pay off outstanding bonds. Sec. II. Be it further enacted , That said Ordinary may, and he is hereby authorized, from and after the passage of this Act, to issue bonds of said county (with coupons attached), the aggregate amount of said bonds, not to exceed thirty thousand ($30,000) dollars, and to become due on the first day of January, 1890, and to draw interest at the rate of six per cent., payable semi-annually, in gold, on presentation of the proper coupon or coupons to the County Treasurer of said county, and said Ordinary is hereby authorized to exchange any of the bonds authorized by this section of this Act, at par value, for any of the bonds of said county at the same rate falling due on the first day of July, 1895, or sell any or all of said bonds authorized by this section of this Act, at not less than par value, and the money so raised shall be applied to the payment of bonds of said county to become due on the first day of July, 1895. Ordinary authorized to issue bonds in the sum of $30,000, to be due on January 1st 1890. To be exchanged for or to pay outstanding bonds due on July 1st, 1895. Said bonds may be sold at par. Sec. III. Be it further enacted , That all the bonds authorized to be issued under and by virtue of this Act, shall be signed by said Ordinary, with his seal of office affixed, and the coupons shall be signed by the County Treasurer of said county, and said Ordinary shall keep a registry of all the bonds issued by him under and by virtue of this Act, the denomination and number of each, and to whom issued, and said bonds shall be for even numbers from one hundred dollars to five hundred dollars, as said Ordinary shall think proper, but none of them shall be for any fraction of one hundred dollars, and the faith and credit of said county are hereby pledged for the payment of said bonds, and the same are hereby exempt from all county taxes. Bonds shall be signed by Ordinary with official seal affixed. Coupons shall be signed by County Treasurer. Numbering of bonds and their face value. Credit of county pledged to payment of bonds. Sec. IV. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved December 4th, 1880.

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ACT CONSOLIDATING OFFICES OF SHERIFF AND TAX RECEIVER OF GREENE COUNTY REPEALED. No. 11. An Act to repeal an Act, approved February 27th, 1877, consolidating the offices of Sheriff and Tax Receiver of Greene county. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, the Act approved February 27th, 1877, abolishing the office of Tax Receiver, so far as the same relates to Greene county, and which devolves the duty of that office upon the Sheriff of said county be, and the same is hereby, repealed, and the law as it existed prior to the passage of said Act be, and the same is hereby, revived. Act consolidating offices of Sheriff and Tax Receiver of Greene county, repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. ACT REDUCING COMPENSATION OF TREASURER OF GREENE COUNTY REPEALED. No. 12. An Act to repeal an Act approved February 17th, 1877, to reduce the compensation of the County Treasurer of Greene county. Section I. The General Assembly of Georgia do enact , That, from and after the passage of this Act, the Act approved February 17th, 1877, to reduce the compensation of the County Treasurer of the county of Greene, be, and the same is hereby, repealed, and the law, as it existed prior to the passage of said Act, be, and the same is hereby, revived. Act reducing compensation of Treasurer of Greene county repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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ACT CONSOLIDATING OFFICES OF CLERK SUPERIOR COURT AND TREASURER OF DOUGLAS COUNTY REPEALED No. 18. An Act to repeal an Act entitled, An Act to consolidate the offices of Clerk of the Superior Court and County Treasurer in the county of Douglas, approved February 4th, 1875, and amended so as to fix the compensation of said Treasurer, and approved February 26th, 1877, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act of the General Assembly of said State, entitled, An Act to consolidate the offices of Clerk of the Superior Co urt and County Treasurer, in the county of Douglas, approved Fesbruary 4th, 1875, and amended so as to fix the compensation of aid Treasurer, and approved February 26th, 1877, be, and the same is hereby, repealed, and the law in force prior to the 4th of February, 1875 be, and the same is hereby, re-enacted, as it is set forth in the revised Code of Georgia. Act consolidating offices of Clerk Superior Court, and Treasurer, of Douglas county, repealed. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1881. COMMISSIONERS OF ROADS AND REVENUES FOR BAKER COUNTY. No. 50. An Act to repeal an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 26th, 1875, said amending Act having been approved February 28th, 1877, to appoint a Board of Commissioners for said county, in lieu of those now holding office as such. Section I. Be it enacted by the General Assembly of this State , That the above recited Act, approved February 28th, 1877, be, and the same is hereby, repealed, and that the Act of February 26th, 1875, be, and the same is hereby, revived and declared of full force and effect. Act of February 28th, 1877, repealed.

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Sec. II. Be it further enacted by the authority aforesaid , That William W. Williams, Enoch C. Jones, T. H. Caskie, James H. Boddeford and Thomas Pullen be, and they are hereby, appointed a Board of Commissioners of Roads and Revenues for said county, with all the powers granted by the Act of February 26th, 1875, and shall hold their office till the spring term, 1882, of the Superior Court of said county, and until their successors are elected and qualified, as is provided by the Act of February 26th, 1875. Board of Commissioners appointed. Their powers. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 30th, 1881. COMMISSIONERS OF ROADS AND REVENUES OF MILTON COUNTY ABOLISHED. No. 52. An Act to repeal the Acts entitled, An Act to create a Board of Commissioners of Roads and Revenue for the county of Milton, one of which was approved October 26th, 1870, and the other January 20th, 1872. Section. I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same , That the Acts entitled, An Act to create a Board of Commissioners of Roads and Revenue for the county of Milton, one of which was approved October 26th, 1870, and the other January 20th, 1872, be, and the same are hereby, repealed. Board of Commissioners abolished. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 30th, 1881.

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CLERK OF BOARD OF COMMISSIONERS OF MITCHELL COUNTY. No. 54. An Act to amend an Act entitled, 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, approved February 20th, 1873, so as to regulate the pay of the Clerk of said board. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, section 6 of the above named Act be altered and amended by striking out the words that occur after the word forth, in said section, and inserting in lieu thereof the words, shall receive such compensation for his services as may be agreed upon by said Board of Commissioner; Provided , said compensation shall, in no event, exceed the sum of two hundred dollars per annum. Compensation of Clerk of Commissioners to be fixed by Board. Not to exceed two hundred dollars. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 30th, 1881. COMMISSIONERS OF ROADS AND REVENUES FOR COBB COUNTY. No. 59. An Act to amend an Act entitled, An Act to provide for the creation of a Board of Commissioners of Roads and Revenues in the counties of Cobb, Dooly, Henry and Telfair, in this State, to prescribe their powers and duties, and to fix their compensation and the pay of the officers employed by them, approved September 29th, 1879, so far as said Act relates to the county of Cobb, so as to authorize an election to be held in the county of Cobb to fill said board, and to prescribe their terms, etc. Whereas, no election was held under the above stated Act on the day fixed therein to fill said board in the county of Cobb: Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, it may and shall be lawful for the Ordinary of the county of Cobb to order an election to be held in said county to fill said Board of Commissioners of Roads and

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Revenues for said county; and it shall be the duty of said Ordinary to order said election to be held so soon after the passage of this Act as it can conveniently be held, and notice of which election shall be published by the Ordinary in the public gazette in which the Sheriff's advertisments of said county are published, for at least thirty days prior to the day upon which said election is ordered to be held. Ordinary of Cobb county shall order election for Board of Commissioners. When said election shall be held. Notice of election. Sec. II. Be it further enacted by the authority aforesaid , That two of said Commissioners, who shall be elected on the day so fixed by the Ordinary, shall be commissioned by the Governor to serve until the general election of county officers in January, 1883, and until their successors are elected and qualified; and three of said Commissioners who, shall be elected on the day so fixed, shall be commissioned by the Governor to serve until the general election for county officers, to be held in said county in the year 1885, and until their successors shall be elected and qualified. The successors of the two Commissioners whose term of office shall first expire shall be chosen at the general election for county officers in said county, to be held in the year 1883, and quadrennially thereafter; and the successors of the three Commissioners whose term of office shall expire in 1885, shall be chosen at the general election of county officers to be held in said county in the year 1885, and quadrennially thereafter, and all shall hold until their successors are elected and qualified. Terms and Commissioners of Board. Election of their successors. Sec. III. Be it further enacted by the authority aforesaid , That if said Board of Commissioners shall fail to be elected upon the day first fixed by the Ordinary, then it shall be the duty of the Ordinary to continue to fix and advertise a day for an election until said board is filled. If election be not held on day fixed, Ordinary shall fix another day. Sec. IV. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same , That the Act aforesaid, approved September 29th, 1879, of which this is but an amendment, for the county of Cobb, shall be, and is hereby, continued of full force and effect, in said county of Cobb, in all respects and provisions not in conflict with this Act. Act of September 29th, 1879, continued of force. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 3d, 1881.

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COMMISSIONERS OF BAKER COUNTY AUTHORIZED TO LEVY TAX. No. 61. An Act to authorize the Commissioners of Roads and Revenues of Baker county to provide for paying off the outstanding debt of the county by levying a tax of fifty per cent. on the State tax during the year 1882 and 1883, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That it shall be lawful for the Board of Commissioners of Roads and Revenues for the county of Baker, in this State, at the first meeting of said board that shall be held after the passage of this Act, or at any subsequent meeting thereof that may be held between the date of the passage of this Act and the first Monday in October, 1881, to declare and assess upon the taxable property of the citizens of said county a tax not to exceed fifty per cent. on the assessment of State tax for the years 1881 and 1882, to be collected in addition to the amount assessed as State tax for said years; the proceeds of such additional tax to be applied exclusively to the payment of the debt now outstanding against said county and incurred for the building of the courthouse, and for the building and repairing of the public bridges. Commissioners may levy tax. Amount of tax. Proceeds how to be applied. Sec. II. Be it further enacted by the authority aforesaid , That nothing in this Act contained, shall be construed to authorize the levying and collection of any greater tax than may be necessary for the purpose set forth in the last preceding section; nor shall anything in this Act contained, be held to authorize any assessment by said Board of Commissioners on the specific taxes that may be assessed for State purposes. No greater tax to be levied. No assessment to be made on specific taxes. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved August 3d, 1881.

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ACT CONSOLIDATING OFFICES OF CLERK OF SUPERIOR COURT AND TREASURER OF WEBSTER COUNTY REPEALED. No. 72. An Act to repeal an Act entitled, An Act to consolidate the offices of the County Treasurer and the Clerk of the Superior Court of the county of Webster, and to provide for the compensation of the same, and for other purposes, approved February 19th, 1876. 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 an Act to consolidate the offices of the County Treasurer and the Clerk of the Superior Court of the county of Webster, and to provide for the compensation of the same, and for other purposes, approved February 19th, 1876, be, and the same is hereby, repealed; Provided , this Act shall not go into effect until after the expiration of the term of the present incumbent. Act consolidating offices of Clerk of Superior Court and Treasurer of Webster county repealed. When this Act shall go nto effect. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881. COMMISSIONERS OF ROADS, ETC., FOR BROOKS COUNTY CREATED. No. 80. An Act to create a Board of County Commissioners for Brooks county, to prescribe the manner of the appointment of the members of said board, to define the powers and duties of such board, and to relieve the members thereof from road and jury duty during their term of office. 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 County Commissioners in and for the county of Brooks, in this State. Commissioners of Roads and Revenues for Brooks county, created. Sec. II. Be it further enacted by the authority aforesaid , That said board shall consist of five members, and commissioned after

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the first organization, to be appointed by the Governor of the State upon the recommendation of the grand jury of Brooks county; that the first Board of Commissioners shall consist of Clayton R. Denmark, James O. Morton, John Tillman, J. M. Williams, and James N. Pedrick, who shall be commissioned by the Governor, the first three for four years, the last two for two years; that their successors shall be appointed for four years; that vacancies in said board by death, resignation, or otherwise, shall be filled by the Governor of the State upon the recommendation of a majority of the surviving board; that no person shall be eligible to the office of Commissioner under the provisions of this Act who has not, at the date of such recommendation and appointment, attained the age of twenty-five (25) years, and who has not been a resident freeholders of the county of Brooks for at least two years next preceding the date of such recommendation and appointment, and said Commissioners shall be liable to removal from office at any time, upon indictment and conviction for malpractice or corruption in office, in the same manner as Justices of the Peace may be removed from office under existing laws. Said Commissioners shall be exempt from road and jury duty during their term of office. To be appointed by Governor on recommendation of Grand Jury. Their terms. Vacancies. Qualifications for Commissioners. Removal of Commissioners for malpractice. Commissioners exempt from road and jury duty. Sec. III. Be it further enacted by the authority aforesaid , That said board be, and it is hereby, invested exclusively with all the powers and duties of the County Judge of Brooks county, so far as relates to roads, bridges, ferries, public buildings, and other property belonging to said county of Brooks, the management of the county jail and its fees, the care and maintenance of paupers, the assessing and collection of taxes, the disbursing of public money for county purposes, and the execution of all laws in reference thereto, and so far as the same shall relate to all other county matters over which the Inferior Court had jurisdiction at the time it was abolished. Commissioners vested with the powers of County Judge. Over county jail. Disbursments of public moneyetc. Sec. IV. Be it further enacted , That the Board of Commissioners shall audit and pass upon all claims for and against the county, and the County Treasurer of said county shall obey and respect all orders for money, ordered to be paid out by the board; all orders for payment of money shall be signed by the chairman of said board. Commissioners to audit claims against county. Orders for payment of money. Sec. V. Be it further enacted , That said board shall meet at the court-house in Quitman, said county, on the first Tuesday of the month immediately following the approval of this Act, for organization, and if for any cause they do not meet on said first Tuesday, then as soon thereafter as practicable; that said board shall elect one of their number as chairman, whose duty it shall be to preside at all meetings of said board, to approve and sign the minutes of each meeting, and to sign all orders and processes of said board. In the absence of such regular chairman the members

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present, three of whom shall constitute a quorum, shall select one of their number as chairman pro tem. , which selection shall appear upon the minutes of that meeting. Said board shall hold regular monthly sessions at the county-site of Brooks county, the time of such monthly session to be fixed at their first meeting, and the time so fixed shall not be changed, except after giving thirty days' notice in the paper in which the official advertisements of the county are published, of the time to which the same will be changed. Said board may meet in extra session whenever the public necessity may require it. Meetings of Board. Election and duty of Chairman of Board. Chairman pro tem. Quorum. Monthly sessions. Extra sessions. Sec. VI. Be it further enacted , That said board shall appoint some suitable person as Clerk, whose term of office shall be four years, unless sooner removed by said board, for neglect of duty or malpractice in office, whose compensation shall be fixed by said board, in a sum not exceeding one hundred dollars per annum, to be paid out of the county funds as other claims. It shall be the duty of such Clerk to attend all the meeting of said board, and to enter in a well bound book, to be provided at the expense of the county, full and accurate record and minutes of all the transactions of said board; to preserve and file, in the order of their dates, all original orders and papers belonging to said board; to arrange and keep, in the order of their filing, all applications, petitions, or other papers addressed to said board, and to enter in a book, to be kept exclusively for that purpose, all orders for the payment of money passed by said board, and within five days after each regular or call session of said board, said Clerk shall furnish the Treasurer of said county with an abstract of all orders passed for the payment of money by said board, which abstract shall state the particular fund out of which each order is payable. All books, files and records required by this Act to be kept, shall always be open, at the county-site of Brooks county, for the inspection of the tax-payers of said county. Clerk of Board. His term. His salary. Duty of Clerk. Abstracts of orders for payment of money to be furnished County Treasurer. Sec. VII. Be it further enacted , That said Commissioners, before entering upon their duties, shall each take and subscribe before the Ordinary of said county, an oath to faithfully and impartially discharge the duties of their office, which oath shall be filed in the office of said Ordinary. Said board shall prepare and submit, through its chairmar, to the grand jury of said county, at the spring term in each year, a complete statement in writing of the condition of the county property, paupers, and finances. Said board shall, when sitting, have the same power to punish for contempt that is now exercised by Ordinaries, and shall also have power to compel, by subp[UNK]na and attachment, the attendance of witnesses, and to require the Sheriff of said county to attend the sittings of said board, and to serve all processes and notices issued by said board, and for serving such notices and processes said

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Sheriff shall receive the same compensation as is allowed by law for like service in the Superior Court. Oath of Commissioners. Reports of Commissioners. Power to punish for contempt, and compel attendance of witnesses. Sec. VIII. Be it further enacted , That immediately upon the qualification of the said Commissioners of said county, they shall demand and receive from the County Judge of said county of Brooks, all books, papers, or other writings relating to the county matters and county finances of said county of Brooks. County Judge to turn over to Commissioners' books, papers, etc., pertaining to county matters. Sec. IX. Be it further enacted That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11th, 1881. BOND OF SHERIFF OF EARLY COUNTY REDUCED. No. 83. An Act to reduce the official bond of the Sheriff of the county of Early from the amount now fixed by law to the sum of five thousand dollars. Section I. Be it enacted, by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the official bond of the Sheriff of the county of Early, in this State, shall be reduced to the sum of five thousand dollars. Sheriff's bond reduced to five thousand dollars. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11th, 1881. COMMISSIONERS OF ROADS, ETC., OF WEBSTER COUNTY. No. 94. An Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the county of Webster, define their powers and duties, and for other purposes, approved August 23d, 1872, and an Act amendatory thereof approved February 14th, 1873. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 2 of an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the county of Webster, define their powers and duties, approved August 23d,

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1872, be amended by striking out of said section all the words between the word county, in the second line of said section, and the word or, in the same line, and insert in lieu thereof the following words, to-wit: on the first Tuesday in January, April, July and October of each year, so that said section of said Act, when amended, will read as follows: That said Board shall meet at the court-house in said county on the first Tuesday in January, April, July and October of each year, or on such other day or days as it may determine; that it shall exercise all the powers and duties as herein set forth, and it shall keep a full and complete record of its actings and doings. Meetings of Board of Commissioners. Sec. II. Be it further enacted by the authority aforesaid , That section 5 of said recited Act be amended by striking out of said section all the words between the word duties, in the second line of said section, and the word said, in the fourth line of said section, so that said section, when amended, shall read as follows; That said Commissioners shall receive the sum of twenty-five dollars per annum as compensation for discharging the duties of their office, said compensation to be paid by the Treasurer of said county, etc. Compensation of Commissioners. Sec. III. And be it further enacted by the authority aforesaid , That section 1 of 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, said amending Act approved February 14th, 1873, be amended by striking out of said section all the words between the word Commissioners, in the fifth line of said section and the word to, in the twentieth line, so that said section, when amended, will read as follows: That section 5 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 twenty-five dollars, to be paid by the Treasurer of the county by order of said Commissioners. Clerk of Board and his compensation. Sec. IV. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881.

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COMMISSIONERS OF GLYNN COUNTY AUTHORIZED TO ISSUE BONDS. No. 95. An Act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds, not to exceed the sum of forty thousand dollars ($40,000.00), bearing interest not exceeding the rate of seven (7) per centum per annum, for the purpose of refunding the present outstanding bonded debt, and of funding the other debts of said county, and to provide for the levy and collection of a tax for the payment of said bonds and the interest thereon, and for the establishment of a sinking fund, and to prescribe the manner in which said bonds may be issued and paid off, and to authorize the said board to compromise and adjust the debts of said county, and for other purposes. Whereas, the indebtedness of the said county of Glynn already incurred, to-wit: before December 5th, 1877, consists of outstanding bonds and coupons, upon some of which judgments have been obtained against the said county, and others of which are due, or about to become due, and of floating debts not yet bonded or funded; and, whereas , it is impracticable for the said indebtedness of the said county to be paid off and discharged in its present shape, further time and a compromise of the said indebtedness being necessary for said purpose: Preamble, Section I. Be it enacted by the General Assembly of Georgia , That the Board of Commissioners of Roads and Revenues of the county of Glynn are hereby authorized to issue coupon bonds of Glynn county, to an amount not exceeding forty thousand dollars ($40,000.00), bearing interest not exceeding the rate of seven (7) per centum per annum, to be prepared and signed by said Commissioners in such sums, and payable at such times, not exceeding thirty (30) years from date, as the said board may deem best, interest to be paid upon the same annually, on the fifteenth (15) day of December, at the office of the County Treasurer, or at such other place or places as may be designated in said bonds. Said bonds shall be used solely for the purposes herein indicated, and the said board shall keep a record of the numbers, description and denominations of all the bonds issued under this Act. The coupons on said bonds may be signed by the Clerk of said Board of Commissioners. Commissioners authorized to issue bonds. Amount of issue, and rate of interest. When payable. Record of bonds to be kept. Coupons to be how signed. Sec. II. That the said coupon bonds herein authorized to be issued shall be used exclusively for refunding the principal and interest of the present bonded debt, whether in judgment or not,

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of the said county of Glynn, and for funding the principal and interest of the floating debt of the said county existing prior to the fifth (5) day of December, eighteen hundred and seventy-seven (1877), and for paying off such compromise of the aforesaid debts of the county of Glynn as may be agreed upon by the said Board of Commissioners. How said bonds shall be used. Sec. III. That the said bonds and coupons, issued in pursuance hereof, shall be payable in lawful currency, and may be called in and paid by said Board of Commissioners at their option, at any time, and in such amounts as they may deem best, by giving sixty (60) days' notice of such intention to redeem or pay, in the public gazette which does the county printing, and if such called bonds are not presented for payment at the time mentioned in said call, interest on the same shall cease from said time. Said bonds and coupons, when due, shall be receivable for all taxes and dues to the said county. The proceedings of the said Board of Commissioners, under this Act, shall be recorded in a book to be kept by them for this purpose, in which all bonds issued by them shall be registered as aforesaid, and all bonds and coupons taken up and paid or redeemed, shall be cancelled, filed in the office of the said board as vouchers, and entered on said bonds as paid, with the date and manner of payment, and to whom paid; and the said Board of Commissioners shall publish an abstract of their proceedings hereunder, and the financial condition of said county of Glynn, in December of each year, in the said public gazette in which the public printing is done. Bonds may be called in and paid at option of Board. By giving 60 days' notice. Bonds and coupons receivable for taxes. Proceedings of Board to be recorded. Bonds when paid to be cancelled and entries made as to payment, etc. Sec. IV. That the said Board of Commissioners shall have power and authority to compromise the aforesaid outstanding debts of the said county, bonded, in judgment or not, or floating, upon such terms as they may agree upon with the creditors, respectively; and in arranging said compromise, they may exchange or pay out the bonds issued in pursuance of this Act as at their par value, in settlement and payment of all said compromises, or they may sell the bonds issued in pursuance of this Act at not less than par, and with the proceeds thereof pay off any such compromises. Commissioners authorized to compromise outstanding county debt. Bonds issued under this Act may be exchanged for outstanding debts. Sec. V. To pay the interest which shall accrue on said bonds, issued under the provisions of this Act, and to provide a sinking fund which shall be expended as herein directed, the said Board of Commissioners, or their successors, shall assess, levy and collect annually, during the full term of thirty (30) years, or until the said bonds shall be paid off and discharged in full, such tax upon all the property, real and personal, in the said county of Glynn, additional to that allowed by law for county purposes, sufficient in amount to pay the said interest and the said sum required for the said sinking fund, which said tax shall be separately assessed, levied and collected for the specific purpose herein designated; and shall

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be used for or applied to no other purpose whatever; and a separate account shall be kept of the said special tax by the tax officers, and upon the tax books of said county, and the same shall be collectable and enforceable in the same manner as the other taxes are by law. Tax to be levied for payment of bonds. Tax to be separately assessed and levied. Separate account of tax shall be kept. Collection of said tax. Sec. VI. That the said Board of Commissioners, after paying the said annual interest upon the said bonds out of the special tax collected as aforesaid, shall hold the sum of seven hundred and fifty dollars ($750.00) as a minimum annual contribution to the sinking fund now provided for, and the said annual contribution to the said sinking fund shall increase as the sum paid for interest diminishes each year, based upon the total amount of tax for interest and sinking fund contribution of the first year after the issuance of each set of bonds, so that the total amount of money assessed and collected each year by taxation hereunder shall remain the same upon each set of bonds issued, and all surplus of the same over and above the interest paid as aforesaid, shall go into the sinking fund, thus steadily increasing the annual contribution to the same. The said sinking fund shall be managed and disbursed by the said Board of Commissioners as hereinafter provided. Sinking funds. Its management and disbursement. Sec. VII. That the money belonging to said sinking fund shall, from time to time, as the said Board of Commissioners shall deem best, be invested in the purchase of the bonds of the said county of Glynn outstanding, issued under this Act, and the same shall not be otherwise invested. Each of the said bonds so purchased by the said Board of Commissioners shall have plainly entered on the same, to be signed by the said Commissioners, the following, namely: This bond is the property of the Board of Commissioners of Roads and Revenues of Glynn county, and has been so entered upon their books, and is not transferable. And under instructions of the grand jury of said county all bonds called in and paid, or otherwise redeemed, or interest coupons paid, or bonds bought from the money of the sinking fund as aforesaid, may be destroyed from time to time by the said Board of Commissioners, a complete record of the same being kept as hereinbefore required. Sinking fund may be invested in outstanding bonds. How purchased bonds shall be disposed of. Sec. VIII. Each of said bonds may also be registered at the option of the holder, in the office of the said Board of Commissioners, which registration shall be certified thereon by the Clerk of said board, after which said bonds shall be transferable only by indorsement of the said registered holder to the transferee, unless the last person in whose name it is so registered shall transfer and assign it to bearer, after which it shall again be transferable by delivery. Bonds may be registered in office of Board. How bonds may be transferred.

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Sec. IX. The full faith and credit of the county of Glynn are hereby pledged for the payment of said bonds and coupons, and the terms of this Act shall constitute an inviolable contract between the said county of Glynn and every purchaser and holder of any bond authorized and issued by and under this Act. Credit of county pledged to payment of the bonds. Sec. X. If, at the end of thirty (30) years, all the said bonds issued hereunder, are not fully paid off as is contemplated by the scheme of this Act, all of the provisions of this Act shall continue of force until what may then remain of said bonds unpaid, if any, shall be fully paid off and discharged. If bonds are not paid at end of thirty years, this Act continued of force. Sec. XI. This Act shall be printed in full upon the back of each bond herein authorized to be issued. This Act to be printed on bonds. Sec. XII. That all laws heretofore passed authorizing the issue of bonds by said county or officers thereof, (saving to the holders of any such bonds already issued whatever rights they may now have,) and all laws and parts of laws militating against this Act or conflicting with the same be, and the same are hereby, repealed. Repealing clause. Approved August 19th, 1881. PLACE OF SHERIFF'S SALES IN BALDWIN COUNTY. No. 99. An Act to repeal an Act entitled, An Act to fix the place for Sheriff's sales in the county of Baldwin, approved February 13th 1874. 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 Act entitled, An Act to fix the place for Sheriff's sales in the county of Baldwin, approved February 13th, 1874, be, and the same is hereby, repealed so far as relates to the place of holding Sheriff's sales in said county. Act of February 13th, 1874, fixing place of Sheriffs' sales in Baldwin county, repealed. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 24th, 1881.

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COMPENSATION OF COUNTY OFFICERS OF LINCOLN COUNTY. No. 105. An Act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the Ordinary of Lincoln county shall receive from the Treasury of said county the sum of one hundred and fifty dollars per annum for services rendered in attending to the county business of said county, and that the Clerk of the Superior Court and Sheriff of Lincoln county shall receive as extra compensation, each, the sum of one hundred dollars per annum. Salary of Ordinary, Clerk and Sheriff, of Lincoln county, fixed, in addition to fees. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 24th, 1881. COMMISSIONERS OF MITCHELL COUNTY AUTHORIZED TO LEVY TAX. No. 114. An Act to authorize the Board of County Commissioners for the county of Mitchell to levy a tax to meet the current expenses of said county for the years 1881 and 1882, not to exceed fifty per cent. on the State tax. Whereas, the grand jury of Mitchell county at the spring term, 1881, of the Superior Court of said county failed to make the usual recommendation provided for in section 509 of the Revised Code of 1873: Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Board of Commissioners of Roads and Revenue for said county be, and they are, authorized and empowered to levy and collect a tax not to exceed fifty per cent. on the State tax for the year 1881, for the purpose of paying the current expenses of said county during the years 1881 and 1882, and this tax shall be in excess of what said Board are allowed to levy and collect under the law, where said grand jury fail to make any recommendation. Commissioners may levy tax for current expenses of county. Amount of taxes. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 30th, 1881.

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COMMISSIONERS OF NEWTON COUNTY AUTHORIZED TO LEVY TAX. No. 140. An Act to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent on the State tax of Newton county, for the purpose of paying the present indebtedness of said county, and for other county purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, the Board of Commissioners of Newton county be, and they are hereby, authorized to levy a tax of two hundred per cent. on the State tax of Newton county, for the purpose of paying the present indebtedness of the said county, and for other county purposes. This Act shall remain in force for the years 1881 and 1882, and no longer. Tax of 200 per cent. on State tax may be levied to pay county indebtedness. Act to be of force for 1881 and 1882. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881. EXTRA COMPENSATION FOR SHERIFF AND CLERK OF BURKE COUNTY. No. 143. An Act to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county, Georgia, for their services during the terms of the Superior Court of said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That at each term of the Superior Court of the county of Burke, the presiding Judge of said court may draw his order on the County Treasurer of said county in favor of the Clerk and Sheriff of said court for a sum not to exceed the sum of eight dollars per diem , for each of said officers, for his attendance and services during said term, which sum shall be in full for such service and attendance by said officers, respectively, by themselves or their deputies, or by both. Extra compensation to be paid Sheriff and Clerk for services and attendance at Superior Court of Burke county. Sec. II. Be it further enacted by the authority aforesaid , That

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whenever any fund arising from fines or forfeitures collected in said court shall be brought into said court, and said Clerk and Sheriff shall elect to share pro rata in the distribution of such fund as now provided by law, then the amount received on such distribution by such officer, shall be deducted from the amount of per diem , as fixed by the preceding section of this Act, he would otherwise have received the balance due him if any to be paid as in said section prescribed, and if such officers, or either of them, elect to take such per diem instead of sharing in such distribution, then such fund to be distributed as now provided by law. Share of officers in fund from fines and forfeitures to be deducted from above allowance. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8th, 1881. PROVIDING FOR COURT-HOUSE FOR MITCHELL COUNTY. No. 145. An Act to authorize the Commissioners of Roads and Revenues for the county of Mitchell to issue bonds, not to exceed the sum of ten thousand dollars, and bearing interest not exceeding the rate of seven per cent. per annum, for the purpose of building a court-house for the said county, and to provide for the payment of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the County Board of Commissioners for the county of Mitchell are hereby authorized to issue coupon bonds of said county, for a sum not exceeding ten thousand dollars, of such denomination as may be deemed advisable, to be payable as follows: the said ten thousand dollars of bonds to be divided into equal installments, and payable at such times as the said board may fix; Provided , no installment shall be payable at a further time than the first day of January, 1893. All of said bonds, principal and interest, to be payable at such place as may be named in the bonds, and to bear interest at the rate of not more than seven per cent. per annum, payable semi-annually. Commissioners authorized to issue bonds. Amount of bonds. When payable. Proviso Place of payment. Rate of interest. Sec. II. Be it further enacted by the authority aforesaid , That said board shall provide for the prompt payment of the principal and interest of said bonds as the same may become due; and, for this purpose, are hereby authorized to levy and collect such additional tax to that now allowed by law for the county of Mitchell as will

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raise the sum of not more than one thousand dollars per annum, until the said bonds are fully paid off and discharged. Tax for payment of bonds. Sec. III. Be it further enacted by authority aforesaid , That the said bonds shall be signed by at least three of the County Commissioners, and the coupons shall be signed by the Treasurer of said county, and said bonds shall be entered on the minutes of the Board of County Commissioners by the Clerk of said board. How bonds and coupons shall be signed. Bonds to be entered on minutes. Sec. IV. Be it further enacted by the authority aforesaid , That the money realized from the sale of the bonds authorized to be is sued by this Act, shall be used for no other purpose than to build a court-house for the county of Mitchell, in the town of Camilla, and the bonds authorized by this Act shall not be sold for less than one hundred cents on the dollar. Money raised from bonds shall be used for building Court House Sec. V. Be it further enacted by the authority aforesaid , That before this Act shall take effect said Board of Commissioners shall first obtain the assent thereto of two-thirds of the qualified voters of said county, at an election for that purpose, to be held as follows, to-wit: At such places in said county, and under such regulations as govern the election of members of the General Assembly, and such day as said board may select, notice of said election to be given by them once a week for four weeks next preceding such day, by publication in the newspaper where the legal advertisements of said county are published, and at such election each voter shall have written or printed on his ballots the words, In favor of creating the debt, or the words, Against creating the debt. The returns of said election shall be made to the Ordinary of said county, who shall canvass and consolidate the same, and declare the result, and if it appear from said result that two-thirds of the qualified voters of said county have voted ballots having indorsed on them the words, In favor of creating the debt, then this Act shall become of full force and effect, said board being hereby authorized to decide whether said result declared by the Ordinary shows the assent of two-thirds of the qualified voters of said county. Vote to be taken to determine whether this Act shall go into effect. Regulations for election. Result of election. Sec. VI. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 12th, 1881.

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CHANGE OF COURT HOUSE SQUARE OF DOUGLAS COUNTY. No. 159. An Act to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the court-house square, in the town of Douglasville. Section I. Be it enacted by the General Assembly of the State of Georgia , That the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the court-house square, dated on the 4th day of March, 1879, is hereby made and declared legal and valid, to all intents and purposes. Action of Commissioners in changing court house square of Douglas county legalized. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881. COMMISSIONERS OF COLUMBIA COUNTY MAY ELECT THEIR CLERK. No. 161. An Act to amend an Act to establish a Board of County Commissioners of the county of Columbia, and to define the powers and duties thereof, approved February 27th, 1877, so as to allow said Board of Commissioners to elect their own Clerk. Section I. Be it enacted by the General Assembly of the State of Georgia , That section six of said above recited Act be amended so as to read as follows: Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have power to elect their own Clerk, whose salary shall not exceed one hundred and fifty dollars per annum, in lieu of the words, that the Ordinary of said county shall be, and is hereby, made Clerk of said Board of Commissioners. Clerk for Commissioners of Columbia countyelection and salary. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881.

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TREASURER OF BALDWIN COUNTY, SALARY OF. No. 164. An Act to increase the salary of the County Treasurer of the county of Baldwin to five hundred dollars per annum. 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, on and after the passage of this Act, the salary of the County Treasurer of the county of Baldwin shall be five hundred dollars per annum, to be paid as now provided by law. Treasurer of Baldwin countysalary of $500. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 13th, 1881. DOUGHERTY COUNTY MAY PURCHASE BRIDGE ACROSS FLINT RIVER. No. 174. An Act to continue of force an Act entitled, An Act to authorize the county of Dougherty, by its Commissioners to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7, section 7, of the constitution, for purchasing the bridge across Flint river, at Albany, for the use and benefit of said county, approved September 10th, 1879, and to authorize the holding of an election in accordance with section 5 of said Act. Section I. The General Assembly of the State of Georgia do enact , That an Act entitled, An Act to authorize the county of Dougherty, by its Commissioners, to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7, section 7, of the constitution, for purchasing the bridge across Flint river, at Albany, for the use and benefit of the county, approved September 10th, 1879, be, and the same is hereby, continued of full force and effect, and that at any time, whenever the Commissioners of said county of Dougherty may deem proper, they shall order an election, and

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cause said election to be holden in accordance with the provisions of section 5 of said Act, approved September 10th, 1879. Commissioners for Dougherty county may purchase bridge across Flint river at Albany. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 13th, 1881. THE COMMISSIONERS OF GREENE COUNTY MAY REGULATE PEDDLING AND SALE OF LIQUOR. No. 192. An Act to amend an Act entitled, An Act to create a Board of Commissioners for the county of Greene, approved February 19th, 1876. Section I. The General Assembly of the State of Georgia do enact , That paragraph eight of section four of the above recited Act, conferring on said Commissioners exclusive and original jurisdiction in regulating peddling and fixing the costs therefor, and fixing the cost of license for the sale of spirituous liquors, be so amended as to add the words, after the word liquors, provided said license shall not exceed the amount charged by the State, so as when amended the paragraph shall read as follows: In regulating peddling and fixing the costs therefor, and fixing the cost of the license for the sale of spirituous liquors; Provided , said license shall not exceed the amount charged by the State. Commissioners of Greene county may regulate peddling and sale of liquors. License for sale of liquors not to exceed amount of State charge. Sec. II. All laws and parts of laws in conflict with the above recited Act be, and the same are hereby, repealed. Approved September 15th, 1881. INSOLVENT CRIMINAL COSTS OF CLERK AND SHERIFF OF RICHMOND COUNTY. No. 224. An Act to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county out of the county treasury, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is

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hereby enacted by authority of the same , That whenever at any term of the Superior Court of Richmond county a majority of the grand jury shall so recommend, the Judge of the Superior Court shall grant to the Clerk of said court and the Sheriff of said county 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 or not, as they see proper, the payment of said criminal insolvent costs. On recommendation of Grand Jury insolvent costs may be paid to Clerk and Sheriff from County Treasury. Sec. II. And be it further enacted by authority of the same , That all laws or parts of laws conflicting with this Act be, and the same are hereby, repealed so far as they conflict. Approved September 16th, 1881. ORDINARY AUTHORIZED TO ERECT GATES ACROSS ROADS OF DOUGLAS COUNTY. No. 231. An Act to confer power on the Ordinary of the county of Douglas to erect gates across public and private roads in said county, and for other purposes. 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, that the Ordinary of the county of Douglas shall have power to erect gates across public and private roads in the county of Douglas, whenever, in his discretion, it would be to the best interest of the county and the citizens thereof, and the person or persons desiring to erect such gates. Ordinary of Douglas authorized to erect gates across public and private roads. Sec II. Be it further enacted by the authority aforesaid , That before the Ordinary of said county of Douglas shall have power to erect gates across public or private roads in said county, the person or persons desiring to have such gate erected, shall petition the Ordinary in writing, which petition shall plainly set forth the road and place on the road where such gate is to be erected, and shall fully set forth the reasons for erecting such gate, and shall file said petition with the Ordinary, and shall give notice four weeks in the newspapers where the Sheriff's advertisements may be advertised, of the said county of Douglas, which notice

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shall state the road, the place on the road where the gate is to be erected, also the time and place of filing his petition, and time and place of hearing the same, and shall also give notice in writing to all freeholders living within one mile of where such gate is to be erected at least five days before the hearing of such petition, of the day, time, and place of hearing the same, which notice may be served by any person who will make affidavit of the service of the same. Petition for erection of gates. What it shall state. Notice to be given by Ordinary. Notice of hearing of petition. Sec. III. Be it further enacted by the authority aforesaid , That should any person, or persons, desire to file objection to the erection of such gate, they shall file their objection in writing, on or before the hearing of said petition, which objection shall fully set forth the reason why such gates should not be erected. When such objections are filed, the Ordinary shall proceed to a hearing of the question of erection or not erection of such gate, and after hearing all the evidence on both sides, shall pass an order allowing or not allowing the erection of such gate. Objection to erection of gates. Decision of Ordinary. Sec. IV. Be it further enacted , That the Ordinary shall have in such cases for his costs the sum of five dollars, in case objections are filed, to be paid by the losing party; if none is filed the sum of three dollars, to be paid by the applicant. Fees of Ordinary. Sec. V. Be it further enacted , That if either party shall be dissatisfied with the decision of the Ordinary, in such cases they may certiorari the same to the Superior Court of said county of Douglas, as is provided for certiorari proceedings in cases of obstruction in private roads, as provided by law in the revised Code of Georgia. Appeals from decision of Ordinary. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16th, 1881. COMMISSIONERS OF ROADS, ETC., FOR WORTH COUNTY. No. 242. An Act to create a Board of Commissioners of Roads and Revenues for the county of Worth, to define their powers, duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That there shall be established in the county of Worth, in this State, a Board of Commissioners of Roads and Revenues. Commissioners of Roads and Revenues for Worth county created. Sec. II. Be it further enacted by the authority aforesaid , That said Board of Commissioners shall consist of eight members, who shall

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be chosen, one from each militia district of said county, and commissioned as hereinafter provided, and who shall hold their office for four years from the date of their election, and until their successors are elected and qualified, as hereinafter provided. Number of Board. One from each Militia District. Term. Sec. III. Be it further enacted by the authority aforesaid , That at the first regular fall term of the Superior Court of said county, after the passage of this Act, the grand jury of said court shall elect the Commissioners provided for in the preceding section of this Act. Grand Jury to elect Commissioners. Sec. IV. Be it enacted by the authority aforesaid , That the Board of Commissioners, elected as provided for in the preceding section, shall be commissioned by the Governor of this State, and shall serve until their successors are elected and qualified, as hereinafter provided. Commissions for Board to be issued by Governor. Sec. V. Be it further enacted by the authority aforesaid , That the successors of the Commissioners provided for in the preceding section of this Act shall be elected by the grand jury convened at the regular fall term of the Superior Court of said county four years from the election of said Commissioners, to be first elected as hereinbefore provided, and every four years thereafter, and shall hold their office for four years, and until their successors are elected and qualified, and shall be commissioned by the Governor, and any vacancy occurring in the board of said Commissioners, elected under the provisions of this Act, 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 out-going Commissioners, and no person shall be eligible as a Commissioner, under this Act, who has not been a resident of said county for at least one year next preceding this election, and who is not a freeholder of said county. Successors of first Board. Commissions. Qualifications for Commissioner. Sec. VI. Be it further enacted by the authority aforesaid , That said Commissioners shall meet at the court-house, in the county of Worth, on the first Tuesday in January, March, May, July, September and November in each year, or on such other day or days as they may determine, and that they shall keep a full and complete record of all its actings and doings. A majority of such Commissioners shall be necessary to constitute a quorum of said board, and concurrence of such majority shall be necessary to pass any order or decree. Meetings of Board. Record of proceedings. Quorum. Sec. VII. Be it further enacted by the authority aforesaid , That said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special, and in allowing insolvent lists of State 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,

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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 and abolishing roads, bridges and ferries; Provided , that in all cases where bridges and buildings necessary for the public safety and convenience are to be built in said county, and which the county is required to build, such bridges and buildings shall be advertised, and contract for building same awarded to the lowest bidder, under such rules and regulations as may be determined by said Board of Commissioners in the appointment of Road Commissioners and enforcement of road laws, except in the incorporate towns. Jurisdiction of Board. Over county property, taxes, militia districts, and election precincts. Disbursements of money. Powers over roads, fences and bridges. Public building to be let to lowest bidder. Sec. VIII. Be it further enacted by the authority aforesaid , That the authority to grant license for the sale of spirituous or malt liquors in the county of Worth shall be vested in said Board of Commissioners, exclusively. Authority to license sale of liquors. Sec. IX. Be it further enacted by the authority aforesaid , That all tax executions issued, or hereafter to be issued, by the Tax Collectors for the collection of any tax or taxes due the county or State, required by law to be collected in the county of Worth, shall be returnable to said Board of Commissioners. Tax executions returnable to Board of Commissioners. Sec. X. Be it further enacted by the authority aforesaid , That said Board of Commissioners shall have full power to rule any county officer who may be in possession of funds belonging to the county of Worth, and who fails or refuses to account for the same, as Sheriffs are ruled in the Superior Court. Rules against county officers. Sec. XI. Be it further enacted by the authority aforesaid , That the Treasurer of said county shall not pay out or disburse any of the funds in the county treasury, or pay any order unless same shall have been countersigned by a majority of said Commissioners. Payments from county treasury to be authorized by Commissioners. Sec. XII. Be it further enacted by the authority aforesaid , That said Board of Commissioners shall elect a chairman from their number, whose duty it shall be to preside at the meetings of said board, said Board of Commissioners shall elect some fit and proper person as Clerk of said board, whose duty it will be to keep all the books necessary to be kept by said Commissioners, and for his services shall receive such salary as may be prescribed by the said Board of Commissioners, to be paid quarterly out of the treasury of said county, upon a warrant approved by a majority of said Board of Commissioners, and drawn by the chairman of said board in favor of said Clerk, and that said Commissioners shall each be paid in the same manner prescribed for the payment of their Clerk, their actual expenses incurred while in discharge of the duties devolved upon them by this Act; Provided , such pay shall not exceed fifty dollars per annum to each Commissioner. Said board

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is authorized to buy books and stationery for their use, to be paid for by the County Treasurer, on order of said Commissioners. Chairman of Board. Clerk of Board. His salary. Compensation of Commissioners. Board may buy books, etc. Sec. XIII. Be it further enacted by the authority aforesaid , That said Commissioners shall be exempt from all road and jury duties, and shall, before entering upon the duties of their office, 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, which said oath shall be taken before the Ordinary of said county, and be by him entered on his minutes. Commissioners exempt from road and jury duty. Oath of Commissioners. Sec. XIV. That said board, sitting for county purposes, shall have same power to punish for contempt as Judges of the Superior Courts of this State now have. Power to punish for contempt. Sec. XV. Be it further enacted , That said Board of Commissioners shall have the power, and it is hereby made their duty, to examine, as often as they please, the affairs and account books of all the officers of said county, and publish the same, from time to time, so that the citizens of said county may at all times know the financial condition of their county; and said board shall also present to the grand jury of said county any officer of the county who may be guilty of any malfeasance in his office. Board of examine and publish accounts of county officers. Sec. XVI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881. BOARD OF COMMISSIONERS OF CHATTOOGA COUNTY. No. 255. An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for Chattooga county, of said State, and to define their powers and duties, and for other purposes, approved March 4th, 1875, by providing for compensation of said Board, and by conferring additional powers, and for other purposes therein mentioned. 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 Board of Commissioners of Roads and Revenues for the county of Chattooga, and to define their powers and duties, and other purposes` approved March 4th, 1875, be, and the same is hereby, amended by adding to said Act the following sections, to be known as sections, and the following repealing clause, to-wit: The Clerk of the Superior Court of said county shall be ex officio Clerk of said Board, and shall have

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power to sign and attest, in the name of said Board, all processes, rules, orders, judgments, and other papers which by law said Board has authority to issue, either in vacation or term time, as now practiced in the Superior Courts, and all of such orders and executions as may be necessary to carry into effect the judgments of said Board shall be directed to the Sheriff, his deputy, or any lawful Constable of said county, whose duty it shall be to execute the same according to law, and it shall be the duty of the Sheriff, or his deputy, to attend the sessions of said Board, and to preserve order thereat. Said Sheriffs or Constables, rendering services by order of said Board, shall be allowed the same costs as now allowed by law for similar services rendered in other courts. Clerk of Superior Court to be ex officio Clerk of Board. His power. Sheriff shall attend meetings of Board. Sec. II. Be it further enacted by the authority aforesaid , That said Board be a body corporate, with power to sue and be sued, as the representatives of the county in all matters pertaining to the jurisdiction thereof, but in no case shall any judgment against said Board bind any property of any member thereof, and said Board, in all litigated cases and all other cases where the Ordinary was entitled to fees, said Board shall charge and collect the same as was allowed by law to said Ordinary, by order, judgment, or otherwise, according to the laws of said State, and said Board shall pay all moneys so collected to the County Treasurer and take his receipt therefor. Powers of Board as a body corporate. Judgments against Board will not bind their separate property. Money to be paid to County Treasurer. Sec. III. Be it further enacted by the authority aforesaid , That the members of said Board shall be entitled to two dollars per day for services actually rendered performing the duties required of said Board, and that the Clerk of said Board shall be entitled to a salary to be assessed by said Board, not to exceed one hundred dollars per annum, to be paid quarterly. Said Clerk and Board shall be allowed said compensation out of the treasury of the county, and it shall be the duty of said Board to issue an order on the Treasurer for the same, and said Board shall not be allowed any further compensation or exemptions as are now allowed them except road duty. Compensation of Commissioners. Salary of Clerk. Sec. IV. Be it further enacted by the authority aforesaid , That said Clerk shall take and subscribe to an oath before the Ordinary of said county to honestly and faithfully perform all duties required of him as Clerk of said Board before entering upon the duties as said Clerk. Oath of Clerk. Sec. V. Be it further enacted by the authority aforesaid , That the ninth division of the seventh section of the Act hereby amended conferring jurisdiction on the Board of Commissioners of Roads and Revenues relative to estrays be, and the same is hereby, repealed. Jurisdiction over estrays abolished. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22d, 1881.

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COMMISSIONERS OF FLOYD COUNTY AUTHORIZED TO PURCHASE BRIDGES. No. 265. An Act to authorize the county of Floyd, by its Board of Commissioners of Roads and Revenues, to issue bonds of said county for not exceeding the sum of eighty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7, section 7, of the constitution, for purchasing the three bridges across the Etowah and Oostanaula rivers, at Rome, for the use and benefit of said county. Section I. The General Assembly of Georgia do enact , That the Board of Commissioners of Roads and Revenues of the county of Floyd are hereby authorized, in compliance with article 7, section 7, of the constitution, to issue coupon bonds of Floyd county to an amount not exceeding eighty thousand dollars, to be prepared and signed by said Commissioners, in such sums, and payable at such times, not exceeding twenty years from date, as they may deem best; said bonds to bear interest at the rate of not exceeding seven per cent. per annum, payable semi-annually on the first day of January and July of each year, at the office of the County Treasurer, or such other place as may be designated in said bonds. The said interest shall be represened by coupons attached to said bonds, which said coupons shall be signed by the Treasurer of the county. Commissioners may issue bonds. Amount of issue. When payable. Interest on bonds. How coupons shall be signed. Sec. II. Be it further enacted , That said Commissioners, at or before the issuing of said bonds, shall provide for the assessment and collection of a tax sufficient in amount to pay the interest on said bonds, and a sinking fund sufficient to pay the principal of said bonds at the maturity of the same, which said tax said board is authorized to levy and collect in accordance with the terms of this Act. Tax for the payment of bonds. Sec. III. Be it further enacted , The said Commissoners are hereby authorized to sell said bonds at not less than par, and with the proceeds to purchase the bridges across the Oostanaula and Etowah rivers at the city of Rome, for the use and benefit of said county of Floyd; Provided , that the said Commissioners shall have no power to purchase one of said bridges alone, but shall purchase all of said bridges, if any are purchased. Bonds may be used to purchase bridges over Etowah and Oostanaula rivers. Proviso. Sec. IV. Be it further enacted , That before said bonds are issued, the said Commissioners shall cause an election to be held at all the election precincts in said county, to determine whether said bridges shall be bought and said bonds issued; and said

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Commissioners shall publish in the newspaper in which the Sheriff's advertisements for the county are published, for the space of thirty days before said election, a notice setting forth the day on which said election is to be held; and also that said election is to be held to determine whether said bridges shall be bought, and whether bonds shall be issued to pay for the same. Said notice shall specify what amount of bonds are to be issued, for what purpose issued, what interest they are to bear, how much principal and interest to be paid annually, and when to be paid off fully. Election to be held to determine whether bridges shall be bought. Notice of election. Sec. V. Be it further enacted , That at said election no person shall vote except the qualified voters of said county. The persons voting at said election who may favor the purchase of said bridges and issuing said bonds, shall have written or printed on their ballots the words For purchase of bridges and issuing bonds, and those of the contrary mind shall have written or printed on their ballots the words, Against the purchase of bridges and issuing bonds. Qualifications for voters at election. Election tickets. Sec. VI. Be it further enacted , That said election shall be held at all the election precincts in said county, by the same persons in the same manner and under the same rules and regulations that elections for county officers are held, and the returns shall be made to the said Board of Commissioners, who shall, in the presence of and together with the several managers (who bring up the returns), consolidate said returns and declare the result. Regulations for election. Sec. VII. Be it further enacted , That in the event two-thirds of the qualified voters of said county shall have voted, for purchase of bridges and issuing bonds, then the said Board of Commissioners shall have full power and authority to purchase said bridges now built, upon the best possible terms, and issue bonds to pay for the same, as provided in this Act. Result of election. Sec. VIII. Be it further enacted , That in determining whether two-thirds of the qualified voters of said county shall have voted for the purchase of said bridges and issuing bonds, the tally sheets of the last general election held in the county shall be taken as a correct enumeration of the qualified voters thereof. How question of whether two-thirds have voted for purchase is to be determined. Sec. IX. Be it further enacted , That all laws in conflict with this Act be hereby repealed. Approved September 23d, 1881.

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COMPENSATION FOR COMMISSIONERS OF TALIAFERRO COUNTY. No. 290. An Act to compensate the County Board of Roads and Revenues in the county of Taliaferro for services rendered. Section I. Be it enacted by the General Assembly of the State of Georgia , That upon the recommendation of the grand jury of the county of Taliaferro, each member of said Board of Roads and Revenues shall receive as compensation for services rendered, such amounts as the grand jury may recommend; Provided , said compensation shall not exceed three dollars per diem; and, provided, further , that said service shall not exceed twelve (12) days per annum. Compensation to be fixed by grand jury. Not to exceed $3 per day for 12 days per annum. Sec. II. Be it further enacted by the authority aforesaid , That wherever the grand jury recommends as provided in the preceding section, compensation for services rendered by said board, it shall be the duty of the County Treasurer to pay to said board such amount as may be recommended by said grand jury. Compensation to be paid by County Treasurer. Sec. III. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24th, 1881. COMPENSATION FOR COMMISSIONERS OF DOUGHERTY COUNTY. No. 367. An Act to provide for the compensation of the Commissioners of Roads and Revenues for the county of Dougherty, and the manner of paying the same. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, the Commissioners of Roads and Revenues for the county of Dougherty shall be paid out of the Treasury of said county their actual expenses incurred in the discharge of their duties, not to exceed fifty dollars per year, for each Commissioner, upon an account duly itemized and sworn to by one of said Commissioners, approved by the grand jury convened at such fall term of the Superior Court of Dougherty county. Commissioners to be paid actual expenses. Not exceeding fifty dollars per annum.

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Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. COMMISSIONERS OF ROADS, ETC., OF POLK COUNTY. No. 374. An Act to create a Board of Commissioners of Roads and Revenues in the county of Polk, and to prescribe its powers and duties. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first Wednesday in December, 1881, all the powers and duties of the Ordinary of Polk county, so far as relates to roads, bridges, ferries, public buildings and property, management of the county jail and its fees, the control, and maintenance of paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, and so far as the same relates to all other matters over which the Inferior Court had jurisdiction at the time it was abolished, are hereby conferred upon three Commissioners of Roads and Revenues for said county of Polk, to be elected and commissioned as hereinafter set out. Board of Commissioners created Vested with all powers of Ordinary over county matters. And matters over which Inferior Court had jurisdiction. Sec. II. Be it further enacted , That said Commissioners shall be elected on the first Wednesday in December, 1881, and thereafter at the regular time for holding elections for Ordinaries, and shall qualify and be commissioned as other county officers, and all vacancies occurring at any time shall be filled as vacancies in county offices are filled. Commissioners to be electedwhen. How qualified and commissioned. Sec. III. Be it further enacted , That said Commissioners shall, at their first meeting in each year, choose one of their number chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign as chairman all orders and processes of said Commissioners. Chairman of Board. Sec. IV. Be it further enacted , That said Commissioners shall meet in regular session, at the county site, once in each month, for the transaction of county business, but may meet in extraordinary session whenever, in their judgment, public necessity may require; and they shall, at their first meeting after their organization under this Act, appoint some suitable person to serve as Clerk, whose term of office shall be the same as the terms of the Commissioners, unless removed by the Commissioners for incompetency or malpractice in office, and whose compensation shall be fixed by

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said Commissioners at their first meeting in each year. The Ordinary of Polk county may serve as such Clerk if the Commissioners should see proper to appoint him. The Commissioners shall, when fixing the yearly salary of the Clerk, fix their own compensation, which shall in no case exceed the sum of three dollars for each member for every day's attendance on their regular monthly meetings; the compensation for Commissioners and Clerks to be paid out of the county treasury on orders signed by the chairman. It shall be the duty of the Clerk to attend on all meetings of the Commissioners, and to keep, in well bound books to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in the order of their date all original orders and other papers, to arrange and keep in the order of their filing all petitions, applications and other papers addressed to said Commissioners, and to record in a separate book all orders made or approved by said Commissioners for the payment of money by the County Treasurer, and all books, files and records by this Act required to be used or kept shall always be open at the county site for the inspection of all tax payers of the county. Meetings of Board. Extraordinary meetings. Clerk of Board. Compensation of Commissioners. Not to exceed $3 per day. Commissioners and Clerk to be paid by County Treasurer. Books and records of Commissioners subject to inspection of tax payers Sec. V. Be it further enacted , That said Commissioners shall, at least once in each year, prepare and submit to the grand jury a complete statement, in writing, of the condition of the county property, paupers and finances; and shall, whenever called on by the grand jury, furnish full and distinct information concerning the public business of the county. Report of Commissioners. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. BOARD OF COMMISSIONERS OF MADISON COUNTY ABOLISHED. No. 380. An Act to repeal an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved August 27th, 1872, and an Act amendatory thereof entitled, An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved March 3d, 1875. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved August 27th, 1872, and an Act amendatory thereof entitled, An Act to amend an Act to create a Board of Commissioners

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of Roads and Revenues in the county of Madison, approved March 3d, 1875, which said above recited Act first referred to did establish in the county of Madison a Board of Commissioners of Roads and Revenues to consist of five persons, to be elected by the voters of said county and commissioned by the Governor, to hold their office for four years, and to have exclusive jurisdiction, when sitting for county purposes, on all the property of the county, in levying all county taxes, in establishing, altering and abolishing all roads, bridges and ferries, in examining, allowing and settling all claims against the county, in examining and auditing all accounts of officers having care of county money or disbursing the same, in making rules for the support of the poor, in regulating peddling and fixing the cost of license therefor; and which said Act amendatory thereof last above referred to did take the election of said Commissioners out of the hands of the people, and did place it in the hands of the grand jury, both of them be, and the same are hereby, repealed. Board of Commissioners of Madison county abolished. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 28th, 1881. NEW BOARD OF COMMISSIONERS FOR SCRIVEN COUNTY. No. 381. An Act to establish a Board of Commissioners for Scriven county' and for other purposes. Whereas, the Board of Commissioners for Scriven county is now composed of the Ordinary and Judge of the County Court of said county, as ex officio Commissioners, and one Commissioner elected as said Commissioner, and, whereas , the office of Judge of the County Court is about to be abolished: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That hereafter two Commissioners instead of one shall be elected by the legal voters of the county of Scriven, in the same manner and at the same time as one Commissioner is now elected, except that one Commissioner shall be elected on the first Monday in February, 1882, to serve as such until his successor shall be duly elected and qualified, and that said Board of Commissioners shall, after the Commissioner herein mentioned to be elected on first Monday in February, 1882, shall be duly elected

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and qualified, be composed of said Ordinary and said two Commissioners, who shall have the same power, authority and jurisdiction as the present Board of Commissioners now have and possess. How Commissioners shall be elected. Term of Commissioners. Powers of Board. Sec. II. Be it further enacted by authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. COMMISSIONERS OF ROADS, ETC., OF FULTON COUNTY. No. 403. An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for the county of Fulton, and to define their powers and duties, and for other purposes, approved December 3d, 1880, and to confer additional powers on said Board of Commissioners. 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 Revenues for the county of Fulton are authorized and empowered to exercise all the powers that could lawfully be exercised by the Inferior Court when sitting for county purposes, or by the Justices thereof, at the time of the abolishment of the Inferior Court, except as to the proceedings and record in cases of lunacy. Commissioners given same jurisdiction over county matters as old Inferior Court. Except in cases of lunacy. Sec. II. That the said Commissioners shall, at the first regular session after the passage of this Act, or in default thereof, at any succeeding session, appoint a Clerk whose term of office shall be two years, or until his successor is appointed and qualified, but who shall be subject to removal at the pleasure of said Board, and whose duty it shall be to attend each and all the sessions of the Board, to keep regular books of the transactions of the Board, and to keep such other books and perform such other duties as shall be required of him by said Board of Commissioners. Said Clerk shall have power to administer oaths, and shall have such other powers as are incident to the duties of his office, which are not judicial in their nature, or as may be conferred on him by said Board, but who shall, before entering on the discharge of his duties, enter into a bond, payable to said Commissioners and their successors in office, in the sum of two thousand dollars, with security to be approved by them, conditioned to well and truly

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do and perform the duties of his said office, and shall also take and subscribe an oath before one of said Commissioners, faithfully to discharge the duties of his said office according to law. Said Clerk shall keep an office to be provided and furnished by said county, and shall be in attendance thereat not less than eight hours per day, and shall receive from the county treasury for his services, such sum as shall be determined by said Commissioners, not to exceed the sum of fifteen hundred dollars per annum. Clerk of Board. His term. His duty. Clerk has power to administer oaths, etc. Bond of Clerk. Office of Clerk. His compenation. Sec. III. That said Commissioners and their Clerk, shall be exempt from road, jury and militia duty. Exemptions Sec. IV. That said Commissioners shall have the power to fill any vacancies which may occur in said board for the unexpired term of the member creating the vacancy. Vacancies in Board. Sec. V. That said Commissioners shall have exclusive jurisdiction and power over all special Acts heretofore passed, and of force, relative to county matters applicable to Fulton county. Jurisdiction as to special Acts. Sec. VI. That said Commissioners shall have the power to correct any errors in the tax digests of said county, upon such evidence as may be deemed satisfactory by them. Correction of errors in tax digests. Sec. VII. That said Commissioners shall hold their regular sessions on the first Wednesday of each month, instead of on the first Monday of each month, as is now provided by law. Sessions of Board. Sec. VIII. That said Commissioners shall have the right to bid for and buy for the county all property sold for State and county taxes, provided the amount paid for the same does not exceed the amount due for taxes and cost. May buy property sold for taxes. Sec. IX. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. COMMISSIONERS OF ROADS, ETC., OF TAYLOR COUNTY. No. 412. An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for the county of Taylor, define their powers and duties, and for other purposes, approved October 20th, 1879, so as to reduce the number of members of said Board, and for other purposes. 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, all of section 2 of the above recited Act after the word aforesaid, in the first line, be repealed and the following adopted in lieu thereof, to-wit: That said Board of

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Commissioners of Roads and Revenues shall consist of the Ordinary of said county and two members, which two members shall be elected by the grand jury of either term of the Superior Court for said county, and biennially thereafter; Provided , there shall no election for said two members be held until the next regular election for members of said board, unless the present board should become vacant by resignation or otherwise before the time for the regular election. Board to consist of Ordinary and two members. How members shall be chosen. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That from the first Tuesday in October until the first Tuesday in April, in each and every year, said board shall meet on the first Tuesday in each month; and from the first Tuesday in April until the first Tuesday in October in each and every year said board shall meet on the first Tuesday of each alternate monththat is to say, on the first Tuesday in April, June, August and October; Provided, nevertheless , that said board shall have authority to meet as often as may be required by the public interest. Meetings of Board. Sec. III. Be it further enacted by the authority aforesaid , That, from and after the passage of this Act, the members of said board shall be paid, each, the sum of two dollars per diem for every day that said board shall meet, and the Treasurer of said county shall pay the members of the said board upon the certificate of the chairman and Clerk of said board the amount of money due each of said members for services as aforesaid. Compensation of Board. Sec. IV. Be it further enacted by the authority aforesaid , That, from and after the passage of this Act, if any member of said board shall, without providential or other good cause, to be judged of by the board, fail or neglect to attend any of the meetings of said board, he shall, by the chairman of said board be fined in a sum not less than two nor more than ten dollars for each offense; and if any member shall neglect to pay such fine when so imposed, the Clerk of said board shall issue a fi. fa. against such member, to be levied and collected of the property and effects of such member in the same manner that fi. fas. from Justice Courts are now levied and collected. Fines for non attendance of members of Board. Sec. V. Be it further enacted by the authority aforesaid , That so much of the aforesaid Act to create a Board of Commissioners of Roads and Revenues for said county as fixes the compensation of the Clerks of said board at the sum of fifty dollars per annum be, and the same is hereby, repealed, and it shall be, and is hereby, made the duty of said board to allow said Clerk a reasonable compensation for his services, not less than fifty nor more than one hundred dollars per annum, to be judged of by said board. Compensation for Clerk of Board. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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COMMISSIONERS OF ROADS, ETC., OF DOUGLAS COUNTY. No. 427. An Act to amend an Act entitled, An Act to repeal the several Acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, respectively, and the county of Lumpkin, assented to and approved September 26th, 1879, by striking out the proviso to the first section of said Act of 1879, and inserting in lieu thereof that the said E. Pray, W. N. Magouirk, J. H. Winn and John C. Bowden, special Commissioners created by the Act of the Legislature creating the county of Douglas, shall proceed to perform the duties required of them by said Act, and to require them to perform certain other duties therein mentioned, to prescribe their pay for the same, and for other purposes. 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 proviso to section I of the Act of the Legislature of said State, approved September 26th, 1879, repealing the several Acts of the Legislature establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, respectively, and the county of Lumpkin, be amended by striking out the proviso to said first section, and inserting in lieu thereof that the said E. Pray, W. N. Magouirk, J. H. Winn and John C. Bowden, shall forthwith proceed to sell the remainder of the property of said county of Douglas, and apply the proceeds therefrom to the purposes set forth in said Act creating the said county of Douglas and the said Board of Commissioners; that the said E. Pray, W. N. Magouirk, J. H. Winn and John C. Bowden and John M. James, former Ordinary, shall at once make a full and complete statement, in writing, as follows, to-wit: The amount of land deeded to said county of Douglas by Young Vansant; the number of town lots into which said land was divided; how many of said lots were sold; what amount said lots of land brought, and who bought them; how much has been collected from the sale of said lots; how much is still unpaid; what part of said unpaid debts to said county are solvent, and what insolvent; in what shape said debts are, and in whose hands are said debts for collectionwhich said statement in writing shall include and fully set forth each and every act of said Commissioners from the time of the first creation of said Board of Commissioners to the passage of this Act. Said statement shall also show how many of said lots are still unsold, and what is the probable value of said

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lots; how much they paid on the debts of said county, and to whom they paid it; how much the county still owes for the building of the court house and jail; who holds said claims against said county, and what rate of interest said claims are bearingwhich said statement in writing, when made, shall be filed in the office of the Ordinary of said county of Douglas; Provided, nevertheless , that nothing in this Act shall be so construed as to relieve, release or exonerate the said John M. James, former Ordinary, E. Pray, W. N. Magouirk, J. H. Winn and John C. Bowden, from any liability whatever for any breach of their duty as such Commissioners; but they shall remain under the same liability to said county of Douglas as though this Act had never been passed; and suit may be brought against them by the Ordinary of said county, whenever deemed necessary. Commissioners authorized to sell certain county property and apply the proceeds. Statement to be made by Commissioners. Statement to include full report as to purchase and disposition of land deeded to county by Young Vansant. Also as to past and present indebtedness of county. Statement to be filed in Ordinary's office. This Act does not relieve from liability for breach of duty. Sec. II. Be it further enacted, etc. , That said statement in writing shall, by the Ordinary of said county, be laid before the first grand jury of said county that shall meet after the passage of this Act, which said grand jury shall carefully look into and scrutinize the whole acts of said Board of Commissioners. Ordinary shall lay statement before Grand Jury. Sec. III. Be it further enacted, etc. . That said Board of Commissioners, consisting of E. Pray, W. N. Magouirk, J. H. Winn, and John C. Bowden, shall make a full and complete statement in writing, of all their acts and doings in carrying out the provisions of this Act, to the first grand jury of said county, that shall meet after the passage of this Act, and to each succeeding grand jury of said county, all that they may have done from the time of their last report until all the provisions of this Act shall have been fulfilled. Statement of Commissioners to be made to Grand Juries of the county. Sec. IV. Be it further enacted, etc. , That said Board of Commissioners shall each receive for their services hereafter rendered, two dollars per diem Compensation of Commissioners. Sec. V. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. AUTHORITY OF COMMISSIONERS OF GLYNN COUNTY AS TO BONDS OF COUNTY OFFICERS. No. 430. An Act to define the authority of the Commissioners of Roads and Revenues of Glynn county in relation to execution of bonds of officers of said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Commissioners

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of Roads and Revenues of Glynn county shall have the sole power, and it shall be the duty of said board, to receive all bonds of all officers of said county, and to either approve or reject such bonds. The decision of said board to be final, but the officer or officers tendering such bond to have fifteen days in which to tender additional security, satisfactory to said board. The fee for such service to be paid to the Ordinary of said county for his personal use. Commissioners of Glynn county given right to decide on validity of bonds of county officers. Sec. II. Be it further enacted , That all laws conflicting with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. COUNTY POLICE FOR RICHMOND COUNTY. No. 431. An Act for the appointment of county police, or patrol, for the territory of Richmond county, not included in the incorporated limits of the city of Augusta, or any incorporated town or village in said county, to provide for their compensation, and for other purposes. 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 the County Judge of Richmond county, or such other person, officer or body as shall have jurisdiction or control over county matters in said county, shall have power to appoint, at such time or times as he or they shall deem necessary, four persons to be county police in said county, to make all necessary rules and regulations for the government of said police, to exercise immediate control over them, to remove them, or either of them, at his or their discretion, and to supply the vacancy, to fix their compensation, to grant orders on the County Treasurer for their payment, and it shall be the duty of the County Treasurer to pay such orders out of any money in the county treasury. County police. How selected. Number of. Control over, removal of, vacancies and compensation of. Sec. II. Be it further enacted by the authority of the same, That it shall be the duty of said county police to patrol that part of said county which is not included in the limits of the city of Augusta, or any incorporated town or village in said county, to arrest persons charged with violating State laws, or with violation of ordinances of the city of Augusta, and who have fled from arrest therefor, to execute criminal warrants, to preserve order, to discharge such duties as are usually performed by police in cities,

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and, generally, to obey all orders of such County Judge, person, officer, or body, as shall have jurisdiction and control over county matters. Duties of county police. Sec. III. Be it further enacted by authority of the same , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed, so far as they conflict herewith. Repealing clause. Approved September 29th, 1881. COMMISSIONERS OF ROADS, ETC., FOR EMANUEL COUNTY. No. 448. An Act to provide a Board of Commissioners of Roads and Revenues for the county of Emanuel, to define their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That a Board of Commissioners of Roads and Revenues is hereby provided for the county of Emanuel, to be composed of five members, who shall be chosen by the grand jury at the fall term, 1881, of the Superior Courts for said county, to serve until the next regular election for Ordinaries, when their successors shall be elected by the people, and in like manner at each subsequent election for Ordinaries. Said Commissioners so chosen and elected to be commissioned by the Governor, and before entering upon the discharge of their duties, shall take and file the oath, as required, in section 139 of the Code of 1873, of all civil officers; and, in addition, that they will faithfully and impartially discharge the duties required of them as Commissioners of Roads and Revenues of Emanuel county; and they shall be liable to all the pains and penalties imposed by law upon county officers for malpractice or malfeasance in office. Board established. Number of members and selection of first Board. Elections for Commissioners. Oath of Commissioners Sec. II. Be it further enacted by the authority aforesaid , That if the grand jury, at the fall term, 1881, shall fail or neglect to choose the Commissioners, as provided in the preceding section, then it shall be the duty of the grand jury, at the spring term, 1882, of the Superior Court for said county, to make the selection of said Commissioners; and in case of the death, resignation or removal from office of any member of said board, it shall be the duty of the remaining members of said board to fill the vacancy so occasioned until the same shall be filled by the grand jury, or at a regular election for said Commissioners by the people. If Grand Jury fail to select, as provided, next Grand Jury may select. Vacancies in Board. Sec. III. Be it further enacted by the authority aforesaid , That, to be eligible to the office of Commissioner of Roads and Revenues

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for said county of Emanuel, he must be a resident freeholder of said county for two years next preceding his appointment or election, and of the age of twenty-one years. Qualifications. Sec. IV. Be it further enacted by the authority aforesaid , That said Board of Commissioners shall hold monthly meetings at the court-house in said county for the transaction of the public business, and may also hold such called meetings, which from any emergency shall be deemed necessary and proper, and at all meetings of said board three members thereof shall constitute a quorum for the transaction of business. They shall also select one of their number as chairman of said board to preside at all meetings, sign all orders, or other documents requiring the official signature of said board, and in his absence may select a chairman pro tem . with like power and authority. They shall also appoint a Clerk for said Board of Commissioners, who may be one of their number to keep a proper and correct record of all their acts and doings, the same to be always subject to inspection by the grand jury, or any citizens of said county. The members of said Board of Commissioners and their Clerk shall, for each day's service actually rendered by the members of said board and their Clerk, receive a per diem not to exceed two dollars: Provided , that said board and their Clerk, shall receive no compensation until the same shall have been fixed and demanded by them. It shall be the duty of the Sheriff of said county to attend all meetings of said board, and to serve all processes, orders, writs or notices issued by said board, for which service said Sheriff shall receive the same fees as are paid for like services in the Superior Court. Meetings of Board. Quorum. Chairman of Board. Clerk of Board. His duties. Compensation of members of Board and Clerk. Proviso. Sheriff shall attend meetings of Board, etc. Sec. V. Be it further enacted by the authority aforesaid , That it shall be the duty of said Board of Commissioners to look after the general interests of the county and the tax-payers thereof in any and all matters involving the finances of said county, to levy taxes for county purposes; and shall have power to abolish bridges and establish the same, and they shall also have the care and a general supervision of the public roads of said county, ferries, jails and public property of said county, and, generally, to do and exercise all such powers as were, prior to the adoption of the constitution of 1868, exercised by the Inferior Courts in county matters. General duties and powers of Board. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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COMMISSIONERS OF TWIGGS COUNTY AUTHORIZED TO BUY PROPERTY SOLD FOR TAXES. No. 474. An Act to authorize County Commissioners of Twiggs county to purchase property offered for sale for State and county taxes due in said county, and for other purposes therein named. 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, whenever, at any sale under and by virtue of a fi. fa. issued by the Tax Collector of Twiggs county for State and county taxes, no one present shall bid for the property put up for sale, the amount of the taxes for which it is proposed to sell the same and costs, it may and shall be lawful for the Board of County Commissioners of said county, by their Clerk or other authorized agent, to bid off such property for the county, bidding therefor the amount of State and county tax for which the same is sold, together with accrued costs. Commissioners authorized to purchase land for State and county taxes. May bid amounts of tax and costs. Sec. II. Be it further enacted by the authority aforesaid , That when such property is so bid off, it shall be the duty of the Sheriff, or other officer making its sale, to make and deliver to said Board of Commissioners a deed to the property so sold, and to put said board or their authorized agent in possession under such deed; and said Board of Commissioners shall have power to rent, sell or otherwise dispose of property so purchased, and the title, rights and power of said board under such deed shall be in all respects the same as those of an individual purchasing at tax sales, subject, nevertheless, to the former owner's right of redemption within the time prescribed by law. Sheriff shall make deed to Commissioners. And put them in possion. Commissioners shall dispose of property purchased. Sec. III. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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JURY COMMISSIONERS FOR CITY COURT OF ATLANTA. No. 479. An Act to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to prescribe their duties. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Jury Commissioners of the county of Fulton for the revision of the jury boxes of the Superior Court of said county, now appointed by the Judge of the Superior Court of the Atlanta Circuit, or who may hereafter be appointed, are hereby made the Jury Commissioners of the City Court of Atlanta, for the purpose of revising the jury box of said court in conformity with the law of its organization applicable to such revision. Jury Commissioners of Superior Court to serve as Commissioners for City Court of Atlanta. Sec. II. That such Commissioners shall, as soon as possible and practical after the passage of this law, meet at the court-house, or the place where court is held in said county, and revise the present jury box of said City Court, and in connection therewith shall make out a list of such jurors, certify to the same, and file the list in the office of the Clerk thereof; and shall also lock and seal such box, placing their official signatures on the seal, when it shall be legal for the Judge of said City Court to break said seal and draw jurors therefrom when necessity may require. Meeting of Commissioners. Revision of jury box and list of jurors. Care of jury box. Drawing of jurors. Sec. III. That at the first revision of the jury boxes of the Superior Court of said county made after such revision of the jury box of the City Court of Atlanta, said jury box of said court shall be again revised, and afterwards revised whenever the jury boxes of the Superior Court are; and in case there shall hereafter be any change in the Commissioners or method of revising the jury boxes of the Superior Court of said county of Fulton, said change shall apply to said City Court, so that the Jury Commissioners of said Superior Court shall always be the Jury Commissioners of said City Court. Subsequent revisions of jury box. Changes of Commissioners. Sec. IV. That if from any cause there should be a failure to revise the jury box of the City Court by such Commissioners, the Judge of said court, either at term time or at chambers, shall order the revision made at such time as he may direct, which revision shall be as legal as if made at the regularly appointed time, and the jurors within the jury box whenever revised shall be legal jurors until the next revision whenever that may occur. If Commissioners fail to make revision Judge may order revision made. Sec. V. That the Clerk of the City Court shall be the Clerk of the Board of Commissioners, and he and such Commissioners shall be paid for their services in making said revision from the

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county treasury whatever the County Commissioners may allow them, having reference to what they are allowed for revising the jury boxes of the Superior Court, and not to exceed said compensation. Clerk of City Court to be Clerk Commissioners. Compensation of Clerk and Commissioners. Sec. VI. That all laws and parts of laws in conflict with the foregoing be, and the same are hereby, repealed. Approved September 30th, 1881.

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TITLE IV. COUNTY AND CITY COURTS. ACTS. Trial of civil cases in City Court of Atlanta. City Court for Hall county. County Court of Habersham abolished. County Court of Muscogee abolished. Solicitor County Court of Richmond county. County Court of Randolph county abolished. County Court of Dodge county abolished. City Court of Savannah, its jurisdiction and Judge. County Court of Walton county established. City Court in the county of Richmond. County Court of Seriven county abolished. County Court of Richmond county abolished. TRIAL OF CIVIL CASES IN CITY COURT OF ATLANTA. No. 13. An Act to permit the City Court of Atlanta to try civil cases, with consent of the parties, during the March and September terms of said Court in every year. Section I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, jurisdiction is conferred on the City Court of Atlanta to try, with the consent of parties, during the March and September terms of said Court, for each and every year, any and all civil cases which, under the existing laws, have become ripe for trial, after their return to the June or December terms of said Court. Civil cases may by consent be tried at March and September terms of City Court of Atlanta. Sec. II. Be it further enacted , That each and every trial of such cases at said March and September terms, and every verdict, judgment, order or other action taken thereon, shall be as valid and legal as if tried and rendered at said June or December terms; and all motions for new trial, arrest of judgment and bills of exceptions

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shall be made, tendered, or acted upon as of said March and September terms. Validity of such trials. Sec. III. Be it further enacted , That the consent in each case shall be made in writing, signed by the parties or their counsel, and entered upon the minutes of the Court; and when so made and entered, such case shall stand for trial as though it were the June or December term, and subject to like continuance and disposition. Consent must be in writing and entered on the minutes. Sec. IV. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved December 6th, 1880. CITY COURT FOR HALL COUNTY. No. 36. An Act to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same That a City Court be, and the same is hereby, created and established in the city of Gainesville with jurisdiction over the whole county of Hall, concurrent with the Superior Court, to try and dispose of all civil cases of whatsoever nature, where the amount involved is not less than one hundred dollars and not exceeding one thousand dollars, exclusive of interest, except those over which the constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony, committed in the county of Hall. City Court of Gainesvilleits jurisdiction. Sec. II. There shall be a Judge of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years, and all vacancies in the office of Judge shall be filled by appointment by the Governor for the balance of the unexpired term; but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill said vacancy, and submit said appointment to the Senate when it shall next there-after convene. The Judge of said City Court shall receive a salary of one thousand dollars per annum, which shall not be increased nor diminished during his continuance in office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Hall, out of any funds not otherwise specifically appropriated by some general law, and it shall be the duty

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of the Ordinary of Hall county, or other proper officer of said county, to make provision annually, in levying taxes for this purpose. The said City Judge shall receive no other compensation than the salary herein provided. Judge of said court appointed by Governor and confirmed by Senate. Vacancieshow filled. Salary of said Judge. Sec. III. Before entering upon the duties of his office, the Judge of said City Court shall take and subscribe the oath required of all civil officers, and in addition thereto the following, viz: I swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as Judge of the City Court of the county of Hall, of this State, according to the best of my ability and understanding, and agreeable to the laws and the constitution of this State and the constitution of the United States, so help me God. No person shall be appointed Judge of said Court unless, at the time of his appointment, he shall have attained the age of twenty-five years, and been a resident of said State and county four years, and shall be a lawyer and have practiced law or presided as Judge of some Superior, City, or County Court for four years next prece ding his appointment. Oath of said Judge. Who eligible as Judge. Sec. IV. There shall be a Solicitor of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years. Vacancies shall be filled in the same manner as is herein prescribed for filling vacancies in the office of the Judge of the said City Court. It shall be the duty of the said Solicitor to represent the State of Georgia in all cases in said City Court in which the State shall be a party, and in the Supreme Court upon writs of error from said City Court. He shall, for his services, receive the following fees as compensation, viz: For every accusation drawn by him in a case in said City Court, upon which the case is disposed of without indictment, $5.00; for every bill of indictment sent down from the Superior Court and tried in said City Court, or in which a plea of guilty is filed in the City Court, $5.00; for every warrant in cases in City Court, 50 cents; for every proceeding to enforce a recognizance in said City Court, $5.00; for every amount collected on such proceedings, five per cent.; for drawing a capias against each defaulting juror, 50 cents; for entering a nolle prosequi , 50 cents; for attending the Judge's chamber to take the affidavit of any person in felonies, $1.00; for prosecuting every felony before the City Judge or other judicial officer sitting as a committing court, $5.00; for every peace warrant tried and disposed of by said City Court Judge, $5.00; for plain collection for State, five per cent.; for litigated collections for State, ten per cent; for every case argued in Supreme Court, $15.00. The fees of said Solicitor for services rendered in the Supreme Court shall be paid by the State on the warrant of the Governor in all cases when the said Solicitor

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shall present the certificate of the Clerk of the Supreme Court as to services, and of the Clerk of said City Court to the fact that the defendant was acquitted, or was unable to pay the costs, or when the Supreme Court reverses judgment of the City Court. Solicitor of said court appointed by Governor and confirmed by Senate. Duties of Solicitor. His compensation. Fees for services of Solicitor in Supreme Court to be paid by the State. Sec. V. The Clerk and Sheriff, and their deputies, of the Superior Court of Hall county, shall be ex officio Clerk, Sheriff and deputies of said City Court, and for services rendered in said City Court shall be entitled to the same fees as are allowed them by law in the Superior Court, and shall discharge the same duties and be subject to the same obligations and penalties. Clerk and Sheriff of Superior Court ex officio officers of said City Court. Their fees as such. Sec. VI. All persons liable to serve as grand and petit jurors in the Superior Court of said county shall be liable to serve as petit jurors in the City Court; and it shall be the duty of the Clerk of the said City Court to copy into a book, to be provided at the public expense, the lists of all names of persons liable to serve as grand and petit jurors in the said Superior Court, to be taken from the lists of the said Superior Court, under the supervision of the Judge of the said City Court, and to make a new list as often as said Superior Court jury lists are revised, to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court. The said Clerk shall also make out tickets, equal in number to the number of names in said lists, and write upon each the name of one of said persons, and deposit the same in a box, to be provided at the public expense, and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Jurorswho liable to serve. Jury lists and box. Sec. VII. During the session of said City Court, at each term, in open court, the Judge shall draw, from said box number one, twenty-four names of persons to serve as jurors at the next term of said City Court, and shall cause the Clerk to record said names so drawn, and then deposit in another box, to be provided at the public expense, and numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed, and shall not be opened by any person except the Judge of the said City Court, or the Judge of the Superior Court when presiding in his place, for the purpose of drawing juries in open court, except in cases when from failure to draw a jury in term time, or from other cause, it may be necessary to draw a jury for said City Court in vacation. If from any cause it should become necessary to draw a jury for said City Court in vacation, either the Judge of said City Court or a Judge of the Superior Court may, at any time twenty days before the next term of said City Court, in the presence of the Clerk and Sheriff of said City Court, proceed to draw juries in the manner above prescribed. The Clerk shall keep said jury boxes and the Sheriff shall keep

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the key, and it shall be the duty of the Clerk of said court, within five days after the appointment of the Judge of said court, to prepare said jury lists and boxes as hereinbefore provided, and after said boxes are prepared, the jury to serve at the first quarterly term of said court shall be drawn as above provided for drawing juries in vacation. Jurorshow drawn. Sec. VIII. The Clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the Sheriff fifteen days before the next term of said City Court, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the term of the said City Court at which he is required to attend. Precepts and service of. Sec. IX. All laws in reference to the qualifications, relations, drawings, summoning and empaneling jurors, and of challenging, now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when said general laws are inconsistent with the provisions of this Act, or any amendments thereof hereafter made. General law as to qualification, etc., of jurors in the Superior Court apply in said City Court. Sec. X. From said panel of twenty-four jurors, drawn and summoned as above directed, the Judge of said City Court shall cause to be made up two juries of twelve jurors each, which shall be known and distinguished as juries number one and two, and all cases and issues to be tried by jury at that term in said City Court, civil or criminal, shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case, from any cause, said panel should be reduced below twenty-four, the Judge presiding in said City Court shall have power to fill it by causing talesmen to be summoned instanter. Panel of 24 shall be divided into juries Nos. 1 and 2. Sec. XI. In criminal cases, the defendant shall be entitled to seven peremptory challenges, and the State five, and in civil cases the plaintiff and defendant shall be each entitled to six, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts, shall apply to said City Court, except when they are inconsistent with the provisions of this Act, and the amendments hereafter made. Challenges. Sec. XII. In all matters pertaining to pleading and practice, the laws and rules governing the Superior Courts, when not inconsistent with the express provisions of this Act, shall apply and govern the said City Court pleading and practice in every particular, so far as the same may be applicable. Pleading and practice same as in Inferior Court. Sec. XIII. In all civil cases, to the declaration the Clerk shall annex a process, unless the same be waived, signed by the Clerk or his deputy, and bearing test in the name of the Judge of said City Court, and directed to the Sheriff of said City Court and his deputy, which shall have date at least twenty days before the

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term of the court to which it is returnable, and be served upon the defendant at least fifteen days before the said term, in the same manner as in the Superior Court. Appearance and pleading shall be a waiver of all irregularities of process, or the absence or service thereof. Process in civil cases. Sec. XIV. Garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the Superior Court; provided the garnishee shall reside in the county of Hall, but when the garnishee shall reside in any other county in this State, the same law shall be also applicable to said City Court, with this proviso, that the papers shall be returnable to the Superior Court of the county of the garnishee's residence, and all subsequent proceedings be had therein. Garnishments. Sec. XV. Scire facias to make parties in any cause in the said City Court shall be had as in the Superior Court, and said scire facias shall run throughout the State, and be served by any Sheriff thereof. Sciera facias to make parties. Sec. XVI. The general law of this State with regard to the commencement of suits in the Superior Courts, defense and witnesses and their attendance, interrogatories, sets-off, affidavits of illegality, arbitration, claims to personalty, examination of parties to suits or witnesses by interrogatories, or under subp[UNK]nas, or other matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court. General law of the State regulating practice applicable. Sec. XVII. The Judge of said City Court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction in all cases, according to the general laws of the State, and the Judge, and all other officers of the said City Court, shall have power, respectively, to administer all oaths pertaining to their respective offices as the Judge and other officers of the Superior Court may in like cases do: and said Judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which, by existing laws, such papers may be attested and affidavits administered by a Justice of the Peace of this State, and the Judge of said court shall have all the powers and authority, throughout his jurisdiction, of Judges of the Superior Courts; except when, by law, exclusive power and authority is vested in the Judges of the Superior Courts, and all laws relating thereto and governing the Judges and the Superior Courts shall apply to the Judge of said City Court so far as the same may be applicable, except as herein provided. Powers of Judge and other officers of said City Court. Sec. XVIII. All Acts and parts of Acts already or hereafter passed upon the subject of attachment or garnishment, or legislating as to any matter whatever in the Superior Courts of this State, shall apply to said City Court as if named with the Superior Courts in said Acts, so far as the nature of said City Court

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will admit. The Judge of said City Court, or any Justice of the Peace or Notary Public, or other officer authorized by law to do so, may issue attachments and garnishments returnable to the said City Court, under the same laws governing attachments or garnishments returnable to the Superior Courts of this State. Attachments in said court. Sec. XIX. The said court shall be a court of record, and shall have a seal and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the Superior Courts of this State shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Courts shall apply to them in said City Court, except where they conflict with the provisions of this Act. The same methods of procedure as govern in the Superior Courts shall be followed in said City Court in every respect, unless inconsistent with the nature of said court. Said City Court a court of record. Sec. XX. All claims to realty levied by virtue of any execution issued from said City Court shall be returned to the Superior Court of the county where the land lies, and shall be put in, tried and determined, as other claim cases returned to said Superior Court. Claim cases in said City Court. Sec. XXI. There shall be four regular quarterly terms of said City Court in each year, which shall be held on the fourth Monday in January, April, July and October, in the court-house of Hall county, in Gainesville, Georgia, for the transaction of civil and criminal business, and juries shall be drawn for each of these terms as hereinbefore directed. The Judge of said City Court shall, in his discretion, hold his court at the same place at any other time for the transaction of criminal business which does not require a jury, as speedily as possible, consistent with the interest of the State and accused, and may also, if necessary, hold adjourned terms of the regular quarterly terms, for which adjourned terms he may either draw new juries, or require the same to serve as in his discretion may seem best. Terms of said City Court. Sec. XXII. In all civil cases in said City Court where the damages or amount claimed in actions ex contractu , exclusive of interest, do not exceed two hundred dollars, and in all actions upon a tort, when damages laid do not exceed that amount, and in all other cases when the amount involved in the suit in value of property sued for or otherwise does not exceed that amount, the second term after the declaration is filed shall be the regular trial term of the case, but in all other civil cases the third term after the declaration is filed shall be the regular trial term, but in all cases where a continuance is granted, it shall not be longer than the next regular quarterly term. Trial terms in said City Court. Sec. XXIII. All judgments obtained in said City Court shall be a lien upon all property of the defendants, throughout the State, and all executions shall bear test in the name of the Judge

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of said City Court; be issued and signed by the Clerk of said City Court, and be directed to the Sheriff or his deputy of said City Court, and all and singular the Sheriffs, or their deputies, of this State, and may be levied on any of the property of the defendants to be found in this State. Judgments, lien of, executions, how issued and directed. Sec. XXIV. In case of absence of the said City Judge from any cause at any term of said City Court, it shall be the duty of the Clerk or Sheriff of said county to adjourn the court to such day as the said Judge may in writing direct. Absence of Judge. Sec. XXV. The said City Court is empowered to compel the production of books, papers and writings, in the same manner and under the same rules and regulations as are provided by law for the production of the same in the Superior Courts. Production of books, etc. Sec. XXVI. The Judge of said City Court shall have power and authority to hear and determine all civil cases over which said Court has jurisdiction, and to give judgment and to award execution thereon without the intervention of a jury; Provided, always , that either party in any such case shall be entitled to demand and have a jury to try said case, which demand shall be in writing and signed by himself or by his counsel, and may be entered at any time prior to the introduction of any evidence upon the trial of the case. In the event of a new trial being granted, either by the Judge of said City Court or by the Supreme Court, either party shall have the right to demand a jury, and have trial by jury of said case upon the same terms, no matter whether a jury has been demanded upon the previous trial or trials or not. Trial of civil cases by Judge it no demand for jury is made. Sec. XXVII. The Judge of said City Court shall have power to try all criminal cases within the jurisdiction of said City Court, and dispose of the same without a jury in all cases in which the defendant shall not demand a jury to try his case; in such case the defendant may demand and have a jury to try his case, provided he shall do so in writing, signed by himself or his counsel before the introduction of any evidence in the case, and such defendant shall have the same right, in case new trials are granted, that is hereinbefore allowed to parties in civil cases as to a jury trial; Provided , that when trial by jury is demanded, in either civil or criminal cases, at the quarterly terms of said Court, such demand shall be entered before the jury for that term is discharged, otherwise the parties shall be held to have waived the right to trial before a jury. Trial of criminal cases by Judge if defendant does not demand a jury. Sec. XXVIII. The Judge of the Superior Court, and the Judge of said City Court, may preside in the court of each other, in said county, in cases where the Judge of either court is disqualified to preside from any cause. Judges of Superior and City Court may preside in either court. Sec. XXIX. In any civil case in said City Court, in which said City Judge shall be from any cause disqualified, the parties may agree, either themselves or by counsel, upon some attorney to

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preside in that case in his place, and said City Judge shall have an order to that effect placed upon the minutes of said City Court. When Judges are disqualified. Sec. XXX. The Judge of the Superior Court may send down from the Superior Court of Hall county all presentments and bills of indictments, for offenses below a felony, to the said City Court for trial; the order or orders, so transmitting such cases from the said Superior Court to said City Court for trial, shall be entered upon the minutes of both of said Courts. All criminal cases in Superior Court less than felonies may be transferred to said City Court. Sec. XXXI. It shall be the duty of the Justices of the Peace and Notaries Public of this State to bind over all persons charged with offenses committed within the limits of Hall county, over which the said City Court has jurisdiction, to appear before said City Court to answer for said offenses. Bonds requiring appearance before City Court. Sec. XXXII. Defendants in criminal causes, when the prosecution originates in said City Court, or when such defendants are bound over to said City Court by any Justice of the Peace or Notary Public, shall be tried on written accusation, setting forth plainly the offense charged, founded on affidavit containing the name of the accuser, and signed by the Solicitor of said City Court. The proceedings after accusation shall conform to the rules governing the Superior Court, except there shall be no jury trial unless demanded as hereinbefore provided by the accused. In all cases tried upon accusation the offense shall be therein charged with the same particularity, both as to matters of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the Superior Courts. Accusation in said City Court. Sec. XXXIII. A writ of error shall be direct from the said City Court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing bills of exceptions in the Superior Courts of this State. Writ of error to Supreme Court. Sec. XXXIV. All laws regulating the enforcement of judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied and sales be had under the same rules and laws regulating the same in the Superior Court. Sec. XXXV. The Judge of said City Court shall have the same power to enforce his orders, to preserve order, to punish for contempt, and to enforce all his judgments, as is vested by law in the Judges of the Superior Courts of this State. Power of City Court Judge to enforce order, etc. Sec. XXXVI. All moneys arising from jury fines, fines imposed for violations of penal laws, and other fines, and collected from forfeited recognizances in said City Court, shall be subject to the payment of the fees of the Solicitor, Clerk, Sheriff, and other officers of said City Court, in criminal cases; Provided , that in every case of presentment or bill of indictment sent down

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from the Superior Court in which costs, or fines and costs, are collected out of the defendant in the City Court, that the costs of the Solicitor-General of the Western Circuit and the Clerk and Sheriff of the Superior Court in such case shall be first paid out of said costs in the case, but for their insolvent costs the officers of the said City Court above referred to, shall have a lien upon the fines and forfeitures above mentioned, raised in the City Court, superior to the lien of the officers of the Superior Court for their insolvent costs. The officers of said City Court, in office at the time any money is brought in which is subject to insolvent costs, shall be paid all their insolvent costs before any predecessor in their respective offices can claim anything out of said amount, thus brought in for insolvent costs due any such predecessor. Fines and forfeitures how distributed. Sec. XXXVII. It shall be the duty of the Clerk of said City Court to send up to the Superior Court, at each term thereof, a statement of the amount of insolvent costs due to the officers of the Superior Court and uncollected, upon cases transmitted from the Superior Court to said City Court for trial, which have been finally disposed of in said City Court, which amount shall be first paid from any balance of fines and forfeitures in said City Court that may, at any time, remain after full payment of the insolvent costs of the officers of the said City Court, as hereinbefore provided, and should any balance remain of such fines and forfeitures, after full payment, in the order provided, of all insolvent costs, due both the officers of said City Court and the officers of the Superior Court, such balance shall be paid into the treasury of the county of Hall; Provided , that nothing herein contained as to the payment of such insolvent costs due the officers of the Superior Court, shall prohibit the payment of same from any fines and forfeitures in the Superior Court, whenever the costs in any case transmitted from the Superior Court to the City Court are paid in the latter court, it shall be the duty of the Clerk thereof to retain and pay over to the officers of the Superior Court their costs in that case. Insolvent costs due officers of Superior Court. Sec. XXXVIII. In any case where it may be necessary to attach the Clerk of said court, it shall be lawful for the Judge of said court to call in the services of the Clerk of the City Council of Gainesville, and the chief Marshal of the said city of Gainesville shall be competent to enforce any attachment by said Judge against the Sheriff of said City Court, and the Sheriff and Clerk of said City Court may sue and be sued in said court, but when the Clerk may be defendant in any action, the process shall be signed by the Judge, and said Clerk shall be required to copy the petition and annex the process thereto, and the Clerk shall also be required to make out final process in any case in which he may be interested as in any other cases which shall be signed by the Judge and executed as in other cases, and in all cases before said court, in

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which the Sheriff shall be plaintiff or defendant, the process shall be directed to the chief Marshal, and all and singular, the deputy Marshals of the city of Gainesville, and may be served by any one of them, and subsequent proceedings thereon shall be as in other cases, the said chief or other Marshal taking the place of the Sheriff. Attachments against Clerk of City Court. Suits in said City Court against the Clerk or Sheriff thereof. Sec. XXXIX. In all cases in this court the same powers and rights of parties as to waivers in pleading, or procedures, or other matters pertaining to the same, shall be allowed and upheld as in the Superior Courts, are allowed by the laws and rules governing the same. Waivers in said City Court. Sec. XL. The Judge of the City Court may practice law in any of the courts of this State, or of the United States, except the City Court, and the Supreme Court on writs of error from the City Court. Judge may practice law Sec. XLI. All suits against joint obligators, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Hall, may be brought in this court, when within its jurisdiction, as above defined, under the same rules and regulations governing such cases in the Superior Court, mutatis mutandis , as to copies, second originals, returns, and other matters connected with the suit. Suits against joint defendants. Sec. XLII. The Judge of the City Court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and subject to the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions, rules nisi , and other proceedings in new trials in the Superior Court, shall apply to the same in this court. New trials in said City Court. Sec. XLIII. All jurors in the City Court, whether belonging to the regular panel or talesman, shall receive one dollar per day for their services for every day of actual attendance, and shall be paid in the same manner and under the same regulations as jurors in the Superior Court. Per diem of jurors. Sec. XLIV. In all criminal cases within the jurisdiction of the City Court, the defendant shall have the right to demand an indictment by the grand jury of said couty of Hall; Provided , he makes this demand in writing, by himself or his counsel, before plea filed, and filing a plea shall itself, without more, be held to be a waiver of his right to demand an indictment. In case the defendant should demand an indictment as above directed, the Judge shall require of him good bond and security to appear and answer such indictment, if found at such time and place and before such tribunal as the said indictment may be tried. If no such bond and security is given, then such a Judge shall commit to jail for safe keeping the person so accused and demanding said indictment until the proper grand jury can act upon the

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charge, and until the case can be legally determined, and the Clerk shall transmit to the Superior Court all the papers in the case as required by the general law of the State in cases of commitment. Demand for indictment. Sec. XLV. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved December 7th, 1880. COUNTY COURT OF HABERSHAM ABOLISHED. No. 53. An Act to repeal an Act to create and organize a County Court for the county of Habersham, in this State, approved February 28th, 1876, and all Acts amendatory thereof, and to abolish the County Court of Habersham county. Section I. The General Assembly of the State of Georgia do enact , That the Act entitled, An Act to create and organize a County Court for the county of Habersham, in this State, approved February 28th, 1876, and all Acts amendatory thereof be, and the same are hereby, repealed, and that the County Court of Habersham county be, and the same is hereby, abolished. Act organizing County Court of Habersham repealed. Sec. II. Be it further enacted, etc. , That all proceedings, both civil and criminal, in said court, shall be disposed of as follows, to-wit: The civil business of said court, where the amount in controversy is one hundred dollars, or less, shall be transferred, with all the papers connected with said causes, to the Justice Court of the Militia District where the defendant, or defendants, or one of them, resides, there to be disposed of as though said suits had originated in said Justice Court. In all civil causes, where the amount sued for exceeds one hundred dollars, and all criminal cases pending in said County Court, shall be transferred, by the Judge of said County Court, to the Superior Court of Habersham county, with all the books and papers connected therewith, and all parties and witnesses shall be bound to appear at said Superior Court, as though such suits, accusations and prosecutions had originated in said Superior Court, and said Superior Court shall dispose of said causes according to law. Cases pending in said County Court transferred. Sec. III. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved August 3d, 1881.

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COUNTY COURT FOR MUSCOGEE COUNTY ABOLISHED. No. 33. An Act to repeal an Act to organize a County Court for the county of Muscogee, and to provide for the disposition of causes pending therein. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Act to organize a County Court for the county of Muscogee, to define the jurisdiction, and for other purposes, approved August 24th, 1872, be, and the same is hereby, repealed. Act to organize County Court for Muscogee county repealed. Sec. II. Be it further enacted by the authority aforesaid , That the unfinished business of said County Court be transferred to the docket of the Superior Court of Muscogee, and shall be disposed of by said court. Unfinished business of said court transferred to the Superior Court. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880. SOLICITOR COUNTY COURT OF RICHMOND COUNTY. No. 58. An Act to fix the compensation of the Solicitor of the County Court of Richmond county. 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 Solicitor of the County Court of Richmond county shall receive for his services twelve hundred dollars per annum, payable monthly out of the county treasury of said county, upon the order of the County Judge of said county upon the Treasurer. Salary of Solicitor for County Court of Richmond county. Sec. II. Be it further enacted , That all fees and costs collected after the passage of this Act for services rendered by the Solicitor of said court, under the law now existing, shall be paid into the county treasury. Fees to be paid into county treasury. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved August 3rd, 1881.

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COUNTY COURT OF RANDOLPH COUNTY ABOLISHED. No. 68. An Act to repeal an Act entitled An Act to organize a County Court for the county of Randolph; to define its jurisdiction, and to make applicable to the same certain provisions of the Code of 1873, and for other purposes, approved February 21st, 1876, and all Acts amendatory thereof, to provide for the proper disposition of business, civil and criminal, now pending before said court, to abolish said court, and for other purposes. 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 Act creating and establishing a County Court, in and for the county of Randolph, in this State, approved February, 21st, 1876, and all Acts amendatory of said Act be, and the same are hereby, repealed, and the said County Court abolished. Act creating County Court for Randolph county repealed. Sec. II. Be it further enacted by the authority aforesaid , That immediately after the passage of this Act, the Judge of said County Court shall transfer all cases civil and criminal, pending before said court to the Superior Court of said county, said cases to be entered regularly upon the dockets of said Superior Court by the Clerk thereof, and to stand for trial at the first regular term of said court after the passage of this Act. Cases pending therein transferred to Superior Court. Sec. III. Be it further enacted by the authority aforesaid , That the Judge of said County Court shall immediately after the passage of this Act, turn over to the Clerk of the Superior Court of said county, all the books, records, etc., of said County Court, the same to remain in the said Clerk's office as part of the records thereof. Records of said court to be turned over to Clerk of Superior Court. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Repealing clause. Approved August 9th, 1881.

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COUNTY COURT FOR DODGE COUNTY ABOLISHED. No. 103. An Act to repeal the second section of an Act to repeal an Act approved February 27th, 1877, entitled, An Act to repeal an Act entitled an Act to create a County Court in each county of this State, except certain counties therein named, approved January 19th, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the second section of the above recited Act be, and the same is hereby, repealed. Act creating County Court of Dodge county, repealed. Sec. II. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved August 24th, 1881. CITY COURT OF SAVANNAH, ITS JURISDICTION AND JUDGE. No. 209. An Act to enlarge the jurisdiction of the City Court of Savannah, to prevent the Judge thereof from practicing law, and for other purposes. Section. I. The General Assembly of the State of Georgia hereby enacts , That, from and after the passing of this Act, the jurisdictional limits of the City Court of Savannah shall embrace the whole county of Chatham, and the said court shall, within those limits, have jurisdiction concurrent with the Superior Court of the county of Chatham of all civil causes, without regard to the amount involved, except those of which jurisdiction is exclusively given to the Superior Court by the constitution and laws of the State; Provided, however , that in any cause which might have been commenced in the court of a Justice of the Peace, the losing party shall not be charged with more costs than would have necessarily accrued if such cause had been before a Justice of the Peace. The criminal jurisdiction of the said City Court shall remain as now provided by law, and the Judge of the said City Court shall have the same powers as the Judge of the Superior Court of Chatham, except such as are exclusively given to the latter by law. Jurisdiction of City Court of Savannah in civil cases In criminal cases.

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Sec. II. And it is further enacted , That any defendant in any cause in said City Court may set up equitable defenses, and if, by reason thereof, it becomes necessary to make other persons parties to the cause, it may be done in the same manner as in the Superior Courts; and it shall be within the power of the said City Court, in a proper case, to mould the verdict at law so as to do full justice to the parties, and in the same manner as a decree in equity, and the judgment and execution shall conform to the verdict. Equitable defenses may be pleaded. Verdicts moulded. Sec. III. And it is further enacted , That the Judge of the said City Court of Savannah shall hereafter be appointed by the Governor of this State, with advice and consent of the Senate, and for the term of four years, and until his successor is duly appointed and qualified. Such appointment shall be made during the session of the General Assembly next preceding the expiration of the term of the then incumbent, to take effect at the expiration of that term; and should a vacancy occur during the present, or any future term, while the General Assembly is not in session, the Governor shall appoint a Judge for the unexpired term, subject to the action of the Senate at its next meeting thereafter, and no person shall be appointed Judge of the said court who shall not have been a citizen and resident of said county of Chatham for four years next preceding his appointment, and have practiced law for four years. Judge of said court appointed by Governor and confirmed by Senate. Sec. IV. And it is further enacted , That the Judge of the said City Court shall not practice law in any way or in any court of this State, or of the United States, during his continuance in office; but this section shall not go into effect during the continuance in office of the present Judge under his present commission. Judge of said court shall not practice law. Sec. V. And it is further enacted , That the Judge of the said City Court shall have an annual salary of three thousand dollars, to be paid him in monthly installments out of the treasury of the county of Chatham by the Treasurer of said county, without the intervention or order of the County Commissioners, or any other county officer, but this section shall not go into effect during the continuance in office of the present Judge under his present commission. Salary of Judge, $3000 Sec. VI. And it is further enacted , That the costs in said court known as the city tax fee and the attorney's fee are hereby abolished; and that in every case commenced in said court the Clerk may require of the plaintiff a deposit of costs to an amount not exceeding five dollars, unless such plaintiff shall file with his declaration an affidavit that he has been advised by his counsel in the case and believes that he has a good cause of action, and that by reason of his poverty he is unable to make such deposit. Costs of said court. Sec. VII. And it is further enacted , That the Sheriff of the said City Court and his deputies may serve the process of the court in any part of said county of Chatham.

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Sec. VIII. And it is further enacted , That it shall be the duty of the Clerk of the said City Court to prepare and file in his office copies of the grand jury list and traverse jury list of the Superior Court of Chatham county as provided from time to time for such Superior Court, and grand and traverse jurors shall be drawn therefrom in the manner provided by the Act regulating the selection of jurors for City Courts, approved December 17th, 1878, which said Act, save in so far as it may conflict herewith, is hereby continued in force as to said City Court of Savannah; Provided , that nothing herein contained shall affect the selection of jurors already made for the next term of said City Court of Savannah. Juries in said court. Sec. IX. And it is further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Repealing clause. Approved September 15th, 1881. COUNTY COURT FOR WALTON COUNTY ESTABLISHED. No. 243. An Act to create a County Court for the county of Walton. Section. I. The General Assembly of Georgia do enact , That a County Court shall be created for the county of Walton, with such jurisdiction, powers, modes of procedure and officers as are provided, or may hereafter be provided, by law for County Courts in this State, except as hereinafter provided. County Court for Walton county created. Sec. II. That there shall be a Solicitor of said County Court appointed by the Governor, with the advice and consent of the Senate, whose term of office shall be the same as that of the Judge of said Court, and whose compensation shall be the same now provided, or hereafter provided, by law for County Solicitors. Solicitor for said court appointed by Governor and confirmed by Senate. Sec. III. That the County Judge appointed under this Act shall not have or exercise any jurisdiction or power whatever over county business now vested by law in the Ordinary of said county of Walton, but said Ordinary shall retain jurisdiction and authority over all county business as heretofore exercised by him when sitting for county purposes. Judge of said court shall exercise no jurisdiction over county business vested in the Ordinary. Sec. IV. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 19th, 1881.

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CITY COURT IN THE COUNTY OF RICHMOND. No. 253. An Act to establish a City Court in the county of Richmond, to provide for the appointment of a Judge and Solicitor thereof, and to define their powers and duties. 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 a City Court be, and the same is hereby, created and established in the city of Augusta, with territorial jurisdiction over the whole county of Richmond, concurreant with the jurisdiction of the Superior Court, to try, and dispose of all civil cases of whatsoever nature above the jurisdiction of Justices of the Peace, and not exceeding five thousand dollars in the amount involved, exclusive of interest, except in cases of divorce, cases respecting titles to land and equity cases; and with criminal jurisdiction to try and dispose of all offenses where the offender is not subjected to loss of life, or imprisonment in the penitentiary, committed in the county of Richmond, and to sit as a committing court, to hold preliminary examinations in cases of felonies committed in Richmond county. City Court in Augusta. Its jurisdiction. Sec. II. There shall be a Judge of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the office of Judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The Judge of said City Court shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the Treasury of the county of Richmond; the said Judge of the said City Court to receive no other compensation than the salary herein provided, except the fees for taking bail in criminal cases, license bonds, and for attesting such other papers as are not connected with any judicial proceedings before the court. The fee for such service shall be one dollar. Judge of said court appointed by Judge and confirmed by Senate. Salary of Judge. Fees of Judge. Sec. III. Before entering upon the discharge of the duties of his office, the Judge of the said City Court shall take and subscribe the oath of all civil officers, and in addition thereto, the following, viz: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich; and that I will faithfully and impartially discharge and perform

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all the duties which may be required of me as Judge of the City Court of the county of Richmond, of this State, according to the best of my ability and understanding, agreeably to the laws and constitution of this State, and the constitution of the United States, so help me God. Nor shall any person be appointed Judge of the said court, unless at the time of his appointment he shall have attained the age of twenty-five years, and been a resident of said State and county four years, and shall be a lawyer and have practiced law, or presided as Judge of some Superior, City or County Court, for four years next preceding his appointment. Oath of Judge. Sec. IV. There shall be a Solicitor of the said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years; vacancies in the office of the Solicitor of the said City Court shall be filled in the same manner as is herein prescribed for the filling of vacancies in the office of the Judge of the said court; it shall be the duty of the said Solicitor to represent the State of Georgia in all cases in said City Court in which the State shall be a party, and in the Supreme Court in such cases upon writs of error from said City Court. He shall; for his services in such cases, receive the same fees as are allowed the Solicitor-General for similar services before the Superior Courts and the Supreme Court. His fees in the City Court shall be paid out of fines and forfeitures when there is a sufficiency of money arising from those sources for that purpose. But all bills for insolvent costs that may become due to said Solicitor, when examined and approved by the Judge of the said court, shall, upon presentation, be paid by the Treasurer of the county out of any funds which may be in the treasury. The fees of said Solicitor, for services rendered in the Supreme Court, shall be paid by the State, on the warrant of the Governor, in all cases where the said Solicitor shall present the certificate of the Clerk of the Supreme Court as to services, and of the Clerk of the said City Court to the effect that the defendant was acquitted or was unable to pay the costs. Solicitor appointed by Governor and confirmed by Senate. Duties of Solicitor. His compensation, now paid. Sec. V. The Clerk and Sheriff, and their deputies, of the Superior Court of Richmond county, shall be ex officio Clerk, Sheriff and deputies of said City Court, and for services rendered in said City Court shall be entitled to the same fees as are allowed them by law in the Superior Court, and shall discharge the same duties, and be subject to the same obligations and penalties; and for services rendered where no compensation is provided by law, they shall receive such compensation as the Judge of said Court shall in his discretion grant. Clerk and Sheriff of Superior Court ex officio officers of City Court. Sec. VI. All persons liable to serve as grand and petit jurors in the Superior Court of said county, shall be liable to serve as petit jurors of said City Court, and it shall be the duty of the Clerk of the said City Court to copy into a book to be provided

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at the public expense, the lists of all names of persons liable to serve as jurors, grand and petit, in the said Superior Court, to be taken from the lists of said Superior Court, under the supervision of the Judge of said City Court, and to make a new list as often as said Superior Court jury lists are revised, to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court. The said Clerk shall also make out tickets equal in number to the number of names on said lists, and write upon each the name of one of said persons, and deposit the same in a box to be provided at the public expense, and numbered one , until there shall be a ticket in said box bearing the name of each person on said list. Jurors in said City Court. Sec. VII. During the session of said City Court at each term, in open court, the Judge shall draw from said box number one , twenty-four names of persons to serve as jurors at the next term thereafter of the said City Court, and shall cause the Clerk to record the names so drawn, and then deposit the tickets in another box, to be provided at the public expense, and numbered two . These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person except the Judge of the said City Court, or the Judge of the Superior Court when presiding in his place, for the purpose of drawing jurors in open court, except in cases when, from failure to draw a jury in term time, or from other cause, it may be necessary to draw a jury for said City Court in vacation. If from any cause it should become necessary to draw a jury for said City Court in vacation, either the Judge of said City Court or a Superior Court Judge may at any time, twenty days before the next term of said City Court, in the presence of the Clerk and Sheriff of said City Court, proceed to draw juries in the manner above prescribed. The Clerk shall keep said jury boxes and the Sheriff shall keep the key, and it shall be duty of the Clerk of said City Court, within six days after the appointment of the Judge of said court, to prepare said jury lists in boxes as hereinbefore provided, and after said boxes are prepared the jury to serve at the first quarterly term of said court shall be drawn, as above provided for drawing juries in vacation. Jurieshow drawn. Sec. VIII. The Clerk shall make out a precept, containing the names of the persons drawn, as above directed, and a summons for each juror and deliver the same to the Sheriff, fifteen days before the next term of the said City Court, whose duty it shall be to serve each of said persons by handing him a summons personally, or by leaving the same at his most notorious place of abode, at least ten days before the term of the said City Court at which he is required to attend. Receipt and service thereof.

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Sec. IX. All laws in reference to the qualifications, relations, drawing, summoning, and empaneling jurors, and of challenging, now of force in this State, or hereafter enacted by the General Assembly regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except where said general laws are inconsistent with the provisions of this Act, or any amendments thereof hereafter made. General law as to qualifications, etc., of Jurors applicable. Sec. X. From said panel of twenty-four jurors drawn and summoned as above directed, the Judge of said City Court, shall cause to be made up two juries, of twelve jurors each, which shall be known and distinguished as juries members one and two, and all cases and issues to be tried by jury, at that term in said City Court, civil or criminal, shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four, the Judge presiding in said City Court shall have power to fill it by causing talesman to be summoned instanter. Juries Nos. 1 and 2. Sec. XI. In criminal cases, the defendant shall be entitled to seven peremptory challenges, and the State to five, and in civil cases the plaintiff and defendant shall be each entitled to six, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts, shall apply to said City Court, except where they are inconsistent with the provisions of this Act, and any amendments which may hereafter be made. Challenges. Sec. XII. In all matters pertaining to pleading and practice, the laws and rules governing the Superior Courts, where not in consistent with the express provisions of this Act, shall apply to and govern said City Court pleading and practice in every particular, so far as the same may be applicable. Pleading and practice same as in Superior Courts. Sec. XIII. In all civil cases to the declaration, the Clerk shall annex a process (unless the same be waived), signed by the Clerk, or his deputy, and bearing test in the name of the Judge of the said City Court, and directed to the Sheriff of said City Court and his deputies, which shall bear date at least twenty days before the term of the said City Court, to which it may be brought and served upon the defendant at least fifteen days before the said term, in the same manner as in the Superior Court. Appearance and pleading shall be a waiver of all irregularities of process, or the absence of service thereof. Process and service thereof. Sec. XIV. Garnishment proceedings in said City Court shall be conformable to the laws of the State on that subject in the Superior Court; Provided , the garnishee shall reside in the county of Richmond, but when the garnishee shall reside in any other county in this State, the same law shall be also applicable to the said City Court, with this proviso, that the papers shall be returnable to the Superior Court of the county of the garnishee's residence, and all subsequent proceedings be had therein. Garnishments.

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Sec. XV. Scire facias to make parties in any cause in the said City Court shall be had as in the Superior Court, and said scire facias shall run throughout the State, and be served by any Sheriff thereof. Scire facias to make parties. Sec. XVI. The General law of this State with regard to the commencement of suits in the Superior Courts, defenses and witnesses and their attendants, interrogatories, sets-off, affidavits of illegality, arbitration, claims to personalty, examination of parties to suits, or witnesses by interrogatories, or under subp[UNK]nas, or other matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court. General law of pleading and practice applicable. Sec. XVII. The Judge of said City Court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetrating testimony within his jurisdiction, in all cases according to the general laws of the State; and the Judge and all other officers of the said City Court shall have power, respectively, to administer all oaths pertaining to their offices as the Judge and other officers of the Superior Court may in like cases do; and said Judge shall also have power to attest deeds and other papers and administer affidavits, in all cases, anywhere in the State, in which by existing laws such papers may be attested and affidavits administered by Justices of the Peace of this State, and the Judge of said City Court shall have all the powers and authority, throughout his jurisdiction, of Judges of the Superior Courts, except when by law exclusive power and authority are vested in Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court, so as the same may be applicable, except as herein provided. Powers of the Judge of said City Court. Sec. XVIII. All Acts and parts of Acts already or hereafter passed upon the subject of attachment or garnishment, or legislating as to any matter whatever in the Superior Courts of this State, shall apply to said City Court as if named with the Superior Courts in said Acts, so far as the nature of said City Court will admit. The Judge of said City Court, or any Justice of the Peace or Notary Public, or other officer authorized by law to do so, may issue attachments and garnishments returnable to the said City Court, under the same laws governing attachments or garnishments returnable to the Superior Courts of this State. Attachments. Sec. XIX. Said Court shall be a Court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law and rules to be kept for the Superior Court of this State, shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Courts shall apply to them in said City Court, except where they conflict with the provisions of this Act. The same method of procedure as govern in the Superior

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Courts shall be followed in said City Court in every respect, unless inconsistent with the nature of said Court. Said City Court a Court of Record. Sec. XX. All claims to realty levied by virtue of any execution issued from said City Court shall be returnable to the Superior Court of the county where the land lies, and shall be put in, tried and determined, as other claim cases returned to said Superior Court. Claim cases. Sec. XXI. There shall be four regular quarterly terms of said City Court in each year, which shall be held on the first Mondays in January, April, July and October, in the court-house of Richmond county in Augusta, Georgia, for the transaction of civil and criminal business, and juries shall be drawn for each of these terms as hereinafter directed. The Judge of said City Court shall hold his court, in his discretion, at the same place, at any other time for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interest of the State and the accused, and may also, if necessary, hold adjourned terms of the regular quarterly terms, for which adjourned terms he may either draw new juries or require the same to serve as, in his discretion, may seem best. Term of said court. Sec. XXII. In all civil cases in said City Court the term next after the term to which the process is made returnable shall be the regular trial term of said cases; provided always that judgments upon suits for rent may be rendered at the first term. Trial term. Sec. XXIII. All judgments obtained in said City Court, shall be a lien upon all the property of the defendants throughout the State; and all executions shall bear test in the name of the Judge of said City Court, be issued and signed by the Clerk of said City Court, and be directed to the Sheriff or his deputy of said City Court, and all and singular the Sheriffs or their deputies of this State, and may be levied on any of the property of the defendants to be found in this State. Judgments; lien of. Executionshow issued and directed. Sec. XXIV. In case of the absence of said City Judge from any cause at any term of said court, it shall be the duty of the Clerk or the Sheriff of said court to adjourn the court to such day as the Judge may in writing direct. Absence of Judge. Sec. XXV. The said City Court is empowered to compel the production of books, papers and writings in the same manner and under the same rules and regulations, as are provided by law for the production of the same in the Superior Court. Production of papers, etc. Sec. XXVI. The Judge of said City Court shall have power and authority to hear and determine all civil cases over which said court has jurisdiction, and to give judgment, and award execution thereon without the intervention of a jury; Provided, always , that upon the opening of the court at each term the Judge of said court shall proceed to call the appearance docket of the court, and either party in any case upon said docket shall then be entitled

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to demand, and shall at the trial term have a jury to try said case, which demand shall be in writing and signed by himself or his counsel, and made upon the call of said docket. Judge may determine civil cases without a jury, unless a demand therefor be made. Sec. XXVII. The Judge of said City Court shall have power to try all criminal cases within the jurisdiction of said City Court, and dispose of the same without a jury, in all cases in which the defendant shall not demand a jury to try his case; when such demand for a jury is made by any defendant in a criminal case before the introduction of evidence therein, said case shall be placed upon the docket of said City Court for trial at the regular term of said court as other cases in which juries are demanded. Proceedings in criminal cases. Sec. XXVIII. The Judge of the Superior Court and the Judge of said City Court may preside in the court of each other in cases where the Judge of either court is disqualified to preside from any cause. Judges of Superior and City Courts may preside in either court. Sec. XXIX. In any case in said City Court in which said City Judge may be from any cause disqualified the parties may agree, either themselves or by counsel, upon some attorney to preside in that case in his place, and said City Judge shall have an order to that effect placed upon the minutes of said court. When Judge is disqualified. Sec. XXX. The Judge of the Superior Court may send down from the Superior Court of Richmond county all presentments and bills of indictments for offenses below a felony to the said City Court for trial, the order or orders so transmitting such cases from the said Superior Court to the said City Court for trial shall be entered upon the minutes of both of said courts. Criminal cases below felonies transferred. Sec. XXXI. It shall be the duty of all the Justices of the Peace and Notaries Public of this State to bind over to said City Court all persons charged with offenses committed within the limits of Richmond county, over which said City Court has jurisdiction, to answer for said offenses. Offenders bound to appear at City Court. Sec. XXXII. Defendants in criminal causes where the prosecution originates in said City Court, or where such defendants are bound over to said City Court by any Justice of the Peace or Notary Public, shall be tried on written accusations, setting forth plainly the offense charged, founded on affidavit containing the name of the accuser, and signed by the Solicitor of said court. The proceedings, after accusation, shall conform to the rules governing in the Superior Court, except there shall be no jury trial, unless demanded, as hereinbefore provided, by the accused. In all cases tried upon accusations, the offense shall be therein charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusations in City Court. Sec. XXXIII. A writ of error shall lie direct from the said City Court to the Supreme Court of this State, upon a bill of exceptions field under the same rules and regulations as govern

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and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Sec. XXXIV. All laws regulating the enforcement of the judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied, and sales be had, under the same rules and laws regulating the same in the Superior Court. Sec. XXXV. The Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the Judges of the Superior Courts of this State. Sec. XXXVI. All moneys arising from jury fines, fines imposed for violation of penal laws, and other fines, and collected from forfeited recognizances in said City Court, shall be subject to the payment of the fees of the Solicitor, Clerk, Sheriff, and other officers of said City Court in criminal cases; Provided , that in every case of presentment or bill of indictment, sent down from the Superior Court, in which costs, or fine and costs, are collected out of the defendant in the City Court, that the costs of the Solicitor General of the Augusta Judicial Circuit, and the Clerk and Sheriff of the Superior Court, in such cases, shall first be paid out of said costs in the case, but for their insolvent costs, the officers of the said City Court above referred to shall have a lien upon the fines and forfeitures above mentioned, raised in the City Court, superior to the lien of the officers of Superior Court for their insolvent costs. Sec. XXXVII. It shall be the duty of the Clerk of the said City Court to send up to the Superior Court at each term thereof, a statement of the amount of insolvent costs due to the officers of the Superior Court, and uncollected upon cases transmitted from the Superior Court to said City Court for trial, which have been finally disposed of in said City Court, which amount shall be first paid from any balance of fines and forfeitures in said City Court that may at any time remain after full payment of the insolvent costs of the officers of the said City Court, as hereinbefore provided, and should any balance remain of such fines and forfeitures after full payment, in the order prescribed, of all insolvent costs due both the officers of the City Court and the officers of the Superior Court, such balance shall be paid into the treasury of the county of Richmond; Provided , that nothing herein contained, as to the payment of such insolvent costs due the officers of the Superior Court, shall prohibit the payment of the same from any fines and forfeitures in the Superior Court, and whenever the costs in any case transmitted from the Superior Court to said City Court are paid in the latter court, it shall be the duty of the Clerk thereof to retain and pay over to the officers of the Superior Court their costs in that case, as provided above. Insolvent costs.

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Sec. XXXVIII. In any case where it may be necessary to attach the Clerk of said City Court, it shall be lawful for the Judge of said court to call in the services of the Clerk of the City Council of Augusta, and the Chief of Police of said city of Augusta shall be competent to enforce any attachment by said Judge against the Sheriff of said City Court, and the Clerk and Sheriff of said City Court may sue and be sued in said court, but when the Clerk may be party defendant in any action, the process shall be signed by the Judge, and said Clerk shall be required to copy the petition and annex the process thereto, and the said Clerk shall also be required to make out final process in any case in which he may be interested as in other cases, which shall be signed by the Judge and executed as in other cases; and in all cases before said court in which the Sheriff thereof shall be plaintiff or defendant, the process shall be directed to the Chief of Police and all and singular the policemen of the city of Augusta, and may be served by any one of them, and subsequent proceedings thereon shall be as in other cases, the said Chief or other policemen taking the place of the Sheriff. Attachment against the Clerk of said City Court. Sec. XXXIX. In all cases in said City Court the same powers and rights of parties as to waivers in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld, as are allowed and upheld by the laws and rules governing parties in the Superior Courts. Waivers Sec. XL. All cases, civil and criminal, now pending and undisposed of in the County Court of Richmond county, shall be, and are hereby, transferred to said City Court, and the same shall be placed upon the proper dockets in said City Court, and shall be tried and disposed of as other cases in said City Court. All final and other processes now in the hands of the Sheriff, Bailiff, or other officer, which are made returnable to the County Court, shall be by them returned to this court instead of said County Court. The Judge and other officers of the City Court shall have power and authority to issue and enforce, in the name of said City Court, any and all processes in any cases from the County Court necessary to the final disposition of the same, which, from any cause, have not been issued and enforced by the officers of the County Court, and all cases now pending and not finally disposed of in the County Court, within the jurisdiction of Justices of the Peace, shall be transferred to the Justice Courts having jurisdiction of the same, who shall have the same power to dispose of the same as the County Judge would have had. Cases in County Court of Richmond county transferred to City Court. Sec. XLI. The Judge of said City Court shall be ex officio Commissioner of Roads and Revenues for the county of Richmond, and as such shall discharge all the duties formerly devolved upon the Justices of the Inferior Court as to county business. Judge of City Court ex officio Commissioner of Roads and Revenues. Sec. XLII. The Judge of the said court may practice law in

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any of the courts of this State, or of the United States, except the City Court, and the Supreme Court on writs of error from the City Court. He may practice law. Sec. XLIII. All suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Richmond, may be brought in this court when the amount is within its jurisdiction, as above defined, under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis as to copies, second originals, returns, and other matters connected with the suit. Suits against joint defendants. Sec. XLIV. The Judge of said City Court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions, rules nisi , and other proceedings in new trials in the Superior Court, shall apply to and govern the same in said City Court. New trials in said City Court. Sec. XLV. All jurors in said City Court, whether belonging to the regular panel or talesman, shall receive one dollar per day for their services for every day of actual attendance, and shall be paid in the same manner, and under the same regulations, as jurors in the Superior Court. Per diem of jurors. Sec. XLVI. In all criminal cases within the jurisdiction of said City Court, the defendant shall have the right to demand an indictment by the grand jury of the county of Richmond; Provided , he makes the demand in writing, by himself or his counsel, before plea filed, and filing a plea shall itself, without more, be held to be a waiver of his right to demand an indictment. In case the defendant shall demand an indictment as above directed, the Judge shall require of him good bond and security to appear and answer to such indictment, if found, at such time and place, and before such tribunal as the said indictment may be tried. If no such bond and security is given, then such Judge shall commit to jail for safe keeping the person so accused, and demanding said indictment until the proper grand jury can act upon the charge, and until the case can be legally determined, and the Clerk shall transmit to the Superior Court all the papers in the case, as required by the general law of the State in cases of commitment. Indictments Approved September 22d, 1881.

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COUNTY COURT OF SCREVEN COUNTY ABOLISHED. No. 385. An Act to abolish the County Court of Screven county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first day of March, in the year of our Lord eighteen hundred and eighty-two, the County Court of the county of Screven be, and the same shall be, abolished from and after said first day of March. And that said court, as well as the offices of Judge and Bailiff of said court, shall be abolished and cease to exist on and after said first day of March. County Court of Screven county abolished. Sec. II. Be it further enacted by the authority aforesaid , That all civil business pending in said court on said first day of March, and not then fully disposed of, shall be completed, finished and finally disposed of by any court which would have had original jurisdiction in the premises if no such County Court had ever existed. And the Judge of said County Court shall file all books, dockets, records and court papers of said County Court in his office on said day in the office of the Clerk of the Superior Court of said county of Screven. Cases pending therein transferred. Sec. III. Be it further enacted by the authority aforesaid , That all criminal business in said County Court not finally disposed of on the said first day of March, shall be transmitted to the Superior Court, and entered on the dockets of said Superior Court, and stand for trial at the first term of said Superior Court which shall meet after the same shall be entered on the docket as aforesaid, whether the same shall be by presentment, indictment, or by accusation. And said Superior Court shall try said cause or causes upon said indictment, presentment or accusation, the same as said County Court could have done if the same had not been abolished, and in like manner shall finally dispose of said cases. Criminal cases transferred to Superior Court Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed. Repealing clause. Approved September 28th, 1881.

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COUNTY COURT OF RICHMOND COUNTY ABOLISHED. No. 480. An Act to abolish the County Court of Richmond county, and for other purposes. 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 County Court of Richmond county, together with the officers of Judge and Solicitor thereof, be, and the same are hereby, abolished. County Court of Richmond county abolished. Sec. II. Be it further enacted by the authority aforesaid , That this Act shall take effect and go into operation upon the establishment of the City Court for the county of Richmond. This Act to take effect, when. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881.

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TITLE V. GAME, ETC. ACTS. Camp-hunting in Clinch county prohibited. Seining for fish in certain creeks in Clinch county. Obstructions to passage of fish in waters of Haralson county. Hunting or fishing on another's land in Tattnall county prohibited. Killing, snaring and trapping of partridges in Thomas county. Reckless destruction of fish in Screven county prohibited. CAMP-HUNTING IN CLINCH COUNTY PROHIBITED. No. 162. An Act to prohibit camp-hunting in the county of Clinch by non-residents, to prescribe punishment therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, camp-hunting either with guns, dogs, or otherwise, for wild game, honey or fish, in the county of Clinch, by non-residents of said county, except upon their own lands, or with the written consent of at least five resident freeholders of said county, be, and the same is hereby, prohibited, and any person, or persons, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction therefor, shall be punished as prescribed in section 4310 of the Code of Georgia of 1873. Camp-hunting by non-residents prohibited. Except on hunter's own land, or by consent of five freeholders of county. Punishment. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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SEINING FOR FISH IN CERTAIN CREEKS IN CLINCH COUNTY. No. 165. An Act to repeal so much of An Act to prevent any person or persons from seining for fish in the waters of the Suwannooche and Toms creeks, in the counties of Clinch and Echols, as relates to Clinch county. Section I. The General Assembly of the State of Georgia do enact , That An Act to prevent any person or persons from seining for fish in the waters of the Suwannooche and Toms creeks, in the counties of Clinch and Echols, approved February 10th, 1877, be, and the same is hereby, repealed, so far as the same relates to the county of Clinch. Act preventing seining in Towns and Suwannooche creeks, repealed as to Clinch county. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. OBSTRUCTIONS TO PASSAGE OF FISH IN THE WATERS OF HARALSON COUNTY. No. 239. An Act to repeal an Act to keep open, remove, and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December 10th, 1878, so far as the same applies to the county of Haralson. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the Act entitled, An Act to keep open, remove, and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December 10th, 1878, be, and the same is hereby, repealed, so far as the same applies to the county of Haralson. Act to prevent obstruction of waters of this State, approved December 10th, 1878, repealed as to Haralson county. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881.

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HUNTING OR FISHING ON ANOTHER'S LAND IN TATTNALL COUNTY PROHIBITED. No. 377. An Act to prohibit hunting or fishing on the lands of another in the county of Tattnall, and to define who shall prosecute, and to prescribe a punishment therefor, and for other purposes. 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 hunt or fish upon the lands of another in the county of Tattnall, without the permission of the owners thereof; and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction therefor, shall be punished by a fine not to exceed twenty five dollars, or imprisonment not to exceed thirty days, one or both of these penalties to be imposed in the discretion of the court. Hunting or fishing on another's land in Tatnall county, prohibited. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That no person shall become prosecutor of any offense under the first section of this Act except the owner of the land hunted or fished on. Owner of land can alone be prosecutor. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. KILLING, SNARING AND TRAPPING OF PARTRIDGES IN THOMAS COUNTY. No. 455. An Act, to amend an Act, entitled, An Act to prohibit the killing of partridges, wild turkeys and deer at certain seasons in the counties of Lowndes, Thomas, and Putnam, approved February 28th, 1876, be amended, so far as the same relates to the county of Thomas, by prohibiting the killing, snaring or trapping more than twenty-five partridges in one day by any one person. 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 second section of an

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Act, approved February 28th, 1876, entitled, An Act to prohibit the killing of partridges, wild turkey and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, be amended in so far as the same applies to the county of Thomas, by adding as a proviso at the end of section second, That any person who shall, at any time within the period during which the killing, snaring or trapping of partridges is allowed under said Act of 28th of February, 1876, kill, snare or trap in one day more than twenty-five partridges or quail, shall be punished as prescribed in the third section of said Act. Snaring, trapping or killing more than twenty five partridges in one day in Thomas county, prohibited. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. THE RECKLESS DESTRUCTION OF FISH IN SCREVEN COUNTY PROHIBITED. No. 461. An Act to prevent the reckless and unnecessary destruction of fish, to encourage the raising, and to increase the supply thereof in Screven county, and for other purposes. Section I. Be it enacted, etc. , That, from and after the first day of January, 1882, it shall not be lawful for any person or persons, to catch, or entrap fish with any traps, seine, gill net, or other contrivance or device, out of the waters of Screven county, except with a hook and line, set line, or spear, or harpoon, and with the common trap used for taking cat-fish, known as the slat or basket trap, and any person, or persons, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873; Provided , that nothing in this Act contained shall be so construed as to interfere with the taking and catching of shad in the months of February, March and April, in any of said waters, with seines, gill-nets, or other contrivances that may be deemed available for that purpose. Fish shall not be taken in Screven county, except by lines spears or ordinary traps. Penalty. Sec. II. Be it further enacted, etc. , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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TITLE VI. LIQUORS. ACTS. Sale of liquors in 714 District, G. M., of Carroll county, prohibited. Sale of liquors in two miles of court house in Cleveland prohibited. License for sale of liquors in Screven county. Sale of liquors in Coffee county. Sale of liquors within three miles of Pisgah and Mount Pleasant churches, in Floyd county, prohibited. Sale of liquors within three miles of Bethlehem and Shiloh Baptist churches, in Polk county, prohibited. Prohibiting the sale of liquors in Lowndes county. Licenses fee for the sale of liquors in Effingham county. Prohibiting the sale of liquors in Dooly county. To prohibit the sale of liquors in Houston county. License for the sale of liquors in Clinch county. Sale of liquors in Stockton prohibited. Regulating the sale of liquors in Greenville. Regulating the sale of liquors in Washington county. License for sale of liquors in Charlton county. Prohibiting the sale of liquors in Jefferson county. License for sale of liquors in Webster county. License for sale of liquors in Charlton county. To regulate sale of liquors in Glynn county. License for sale of liquors in Camden county. Sale of liquor in 427 District, G. M., of White county, prohibited. License for sale or liquors in town of Eastman and county of Dodge. Liquor license in Montgomery county. Sale of liquors in village of Long Cane. Liquor license in Telfair county. Sale of liquors in two miles of Prospect church, in DeKalb county, prohibited. Sale of liquors in Delhi prohibited. Liquor license in Bryan county. Sale of liquor in two miles of Mount Carmel church, Gwinnett county, prohibited. Liquor license in Lee county. Sale of liquors in vicinity of Unionville church, Monroe county, prohibited. Regulating sale of liquors in Polk county. Sale of liquors in vicinity of village of Lafayette prohibited. Regulating sale of liquors in Wilkinson county. Sale of liquors in Randolph county. Sale of liquors in Gwinnett county. Regulating sale of liquors in Forsyth. Sale of liquors in Sumter county. Sale of liquor in vicinity of Davisboro church, in Washington county. Regulating sale of liquors in Burke county.

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Regulating sale of liquors in 217th, 218th, 220th Districts, G. M., of Clarke county. Regulating sale of liquors in 483d District, G. M., of Bibb county. Regulating sale of liquors in Worth county. Sale of liquors in the town of Lutherville prohibited. Regulating sale of liquors in Walton county. Regulating sale of liquors in Macon county. SALE OF LIQUORS IN 714TH DISTRICT OF CARROLL COUNTY PROHIBITED. No. 70. An Act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters, in any quantity, either by wholesale or retail, within the limits of the 714th District, G. M., Carroll county, Georgia, and to provide for the punishment of the same. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That, from and after the passage of this Act, it shall not be lawful for any person or persons, or firm, to sell or furnish, in any quantity, either at retail or wholesale, directly or indirectly, any spirituous, malt or other intoxicating liquors or bitters within the limits of the 714th District, G. M., of Carroll county, Georgia. Seliing or furnishing of liquors in 714th District, G. M., prohibited. Sec. II. Be it further enacted , That any person or persons who shall violate the provisions of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than fifty nor more than three hundred dollars for each violation of this Act, and on failure to pay said fine, such person so offending shall be imprisoned in the common jail of the county, or required to work in the county chain-gang or public works, for a term not less than three months nor more than twelve months. Penalty. Sec. III. Be it further enacted , That the provisions of this Act shall not apply to any licensed physician in the regular practice of his profession, who may use liquors in making up his prescriptions, or compounding his medicines in cases of actual sickness; and, provided, further , that the provisions of this Act shall not apply to persons who at present have license until said license expires. Act not applicable to physicians in certain eases. Sec. IV. Be it further enacted , That the fines imposed and collected under this Act shall be divided equally, and one-half shall be paid into the educational fund of the county, and the other half to the informer. Disposition of fines under this Act. Sec. V. Be it further enacted , That it shall be the duty of the

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court to give this Act especially in charge to the grand jury, at each term of the Superior Court for Carroll county. This Act to be given in charge to Grand Jury. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881. SALE OF LIQUORS IN TWO MILES OF COURT-HOUSE IN CLEVELAND PROHIBITED. No. 73. An Act to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity whatever within two miles of the courthouse in the town of Cleveland, in the county of White, except upon the written prescription of a regular licensed physician, and to provide a penalty therefor. 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, or cause to be sold, directly or indirectly, either by a clerk or agent, or in any other manner, for any money or thing of value, any spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court-house in the town of Cleveland, in the county of White, except upon the written prescription of a regular licensed physician for medical purposes, and any person or persons violating the provisions of this Act, whether as owner of such liquors, or merely as agent or clerk of such owner or owners, or advising, encouraging, aiding or assisting others to violate the same, shall be guilty of a misdemeanor, and upon conviction thereof, for the first offense, shall be punished as prescribed in section 4310 of the Revised Code of Georgia of 1873, and for the second offense the fine shall not be less than twenty-five nor more than five hundred dollars, or imprisonment in the chain-gang not less than three nor more than twelve months; in the discretion of the court one or both may be imposed, according to the aggravation of the offense. Sale of liquors within two miles of court house of Whire county, prohibited. Except on physician's prescription. Penalties for violating this Act. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 9th, 1881.

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LICENSE FOR SALE OF LIQUORS IN SCREVEN COUNTY. No. 84. An Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, no license to sell spirituous or intoxicating liquors in any quantity in the county of Screven, in this State, shall be granted until the applicant therefor shall obtain the written consent of the entire grand jury sworn in for the spring term of the Superior Court of said county, which written consent must be presented by the applicant for such license to the officers of said county authorized by law to grant license to retail spirituous liquors, and must state that the grand jury have examined into the character of the applicant, and consent to a license being granted upon a compliance with other requirements of the law. Licenses not to be granted except on written consent of entire Grand Jury. Sec. II. Be it further enacted by the authority aforesaid , That before any license shall be granted to sell spirituous or intoxicating liquors, in any quantity, in the said county of Screven, the applicant therefor shall pay to the officers authorized by law to grant license to retail spirituous liquors the sum of ten thousand dollars, and any license granted for such purpose without the payment of said sum, and a full compliance with all the requirements of this Act and the general law in relation to granting license to retail spirituous liquors, shall be null and void. License fee fixed at ten thousand dollars. Sec. III. Any person or persons who shall, by themselves or agents or employes, either directly or indirectly, sell, in any quantity, in the said county of Screven, any spirituous or intoxicating liquors without having first obtained a license to sell spirituous or intoxicating liquors in said county, from the officers authorized by law to issue license to retail spirituous liquors, shall be guilty of a misdemeanor, and, on conviction, punished as prescribed in section 4565 of the Code of Georgia, and shall be liable to prosecution wherever their principals and employers would be, and, on conviction, punished as prescribed in said section 4565. Penalties for violating this Act. Sec. IV. Be it further enacted by the authority aforesaid , That before said license shall be granted, the applicant shall give bond and take the oath now required by law for retailers of spirituous liquors. Bond and oath of vender of liquors.

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Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing Clause. Approved August 11th, 1881. SALE OF LIQUORS IN COFFEE COUNTY. No. 86. An Act to amend An Act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors, in the counties of Wayne, Libery, Coffee and Appling, in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes, by extending the provisions thereof for the county of Coffee, so as to include within the same, any and all beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which, if taken in sufficient quantity, will produce intoxication. Section I. The General Assembly of the State of Georgia do enact , That An Act to fix the amount of license for selling or vending spirituous, intoxicating, or malt liquors in the counties of Wayne, Liberty, Coffee and Appling in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes, be amended by extending the provisions thereof for the county of Coffee, so as to include within the same, any and all beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which, if taken in sufficient quantity, will produce intoxication. Sale of beer, ciders, bitters, etc., in Coffee county, prohibited. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881.

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SALE OF LIQUORS WITHIN THREE MILES OF PISGAH AND MOUNT PLEASANT CHURCHES, IN FLOYD COUNTY, PROHIBITED. No. 90. An Act to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant churches in the 855th district, G. M., of Floyd county, and to provide a penalty therefor. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person or persons to sell, vend, or barter, either directly or indirectly, intoxicating liquors of any kind within three miles of Pisagh and Mount Pleasant churches in the 855th district, G. M., of Floyd county. Sale of liquors in three miles of Pisgah and Mt. Pleasant churches, prohibited. Sec. II. Be it further enacted , That any person or persons who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as is prescribed in section 4310 of the Code of Georgia. Penalty for violating this Act. Sec. III. Be it further enacted , That the provisions of this Act shall not apply to practising physicians furnishing liquors in case of medical treatment, nor to parties selling whisky who have already secured licenses, until the expiration of the same. Act does not apply to physicians, or persons already having liquor icen se. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881. SALE OF LIQUORS PROHIBITED WITHIN THREE MILES OF BETHLEHEM AND SHILOH BAPTIST CHURCHES IN POLK COUNTY. No. 92. An Act to prohibit the sale of intoxicating liquors at the following named localities in this State, and within certain distances thereof, to-wit: within three miles of the Bethlehem Baptist church, in the 1074th district, G. M., in the county of Polk, and within three miles of the Shiloh Baptist church, in the 1079th district, G. M., in the county of Polk. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the sale of

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intoxicating liquors within three miles of the Bethlehem Baptist church, in the 1074th district, G. M., in Polk county, or within three miles of the Shiloh Baptist church, in the county of Polk, is prohibited, and any persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code of Georgia. Sale of liquors within three miles of Bethlehem and Shiloh churches in Polk county, prohibited. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881. PROHIBITING SALE OF LIQUORS IN LOWNDES COUNTY. No. 93. An Act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors within Lowndes county, and to provide a punishment for the violation of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the question whether or not spirituous or intoxicating liquors shall be sold, bartered, or in any way disposed of for valuable consideration, except for medical purposes, in the county of Lowndes, shall be submitted to a decision of the qualified voters of said county, at an election to be held on the first Tuesday in October, 1881. That said election shall be held in manner and under the regulations prescribed by law for holding elections for members of the General Assembly; that all persons qualified to vote for members of the General Assembly, and none others, are constituted legal voters of said election. Election to be held to determine whether liquors shall be sold. When election shall be held. Regulations of elections. Sec. II. Be it further enacted by the authority aforesaid , That those who favor the prohibition of the sale of spirituous or intoxicating liquors, as indicated in the first section of this Act, shall have written or printed on their ballots For prohibition, and those who oppose such prohibition shall have written or printed on their ballots, Against prohibition, and it shall be the duty of the Ordinary of said county to furnish to the managers of said election, at the several precincts in said county, a sufficient number of tickets for the purposes of this election, one-half of said tickets to have upon them the words For prohibition, and one-half to have the words Against prohibition. Ballotshow shall be written or printed. Ordinary shall furnish tickets. Sec. III. Be it further enacted by the authority aforesaid , That

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the managers of said election shall keep, or cause to be kept, a list of voters and a tally sheet, and shall sign and certify the same, and shall deliver the same to the Ordinary of said county on the day of the election, or as soon thereafter as practicable, who shall carefully consolidate said returns; and in the event the result is in favor of prohibition, said Ordinary shall certify the same officially, and publish said result in the public gazette in the county once a week for four weeks. If the result is against prohibition, the publication shall be made once in said gazette, the expenses of this election to be paid out of the county treasury. Lists of voters to be kept, certified, and delivered to Ordinary. Ordinary shall publish result of election. Sec. IV. Be it further enacted by the authority aforesaid , That when proclamation is made, as hereinbefore provided for, it shall not be lawful, after the day named in said proclamation, for any person to sell, barter, or in any way dispose of for valuable consideration, any spirituous or intoxicating liquors in said county of Lowndes, except for medicinal purposes; Provided , the vested rights of parties holding license shall protect them from the operation of this section for the period that their license is granted. If election results in favor of prohibition, it shall be unlawful to sell, barter or dispose of liquors. Vested rights protected. Sec. V. Be it further enacted by the authority aforesaid , That any person violating the preceding section of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia published in 1873. Penalty for violating this Act. Sec. VI. Be it further enacted by the authority aforesaid , That should the result of said election be against prohibition, nothing herein contained shall affect or repeal any local law now in force in said county in reference to the sale of spirituous or intoxicating liquors therein. If result is against prohibition, no local law is thereby repealed. Sec. VII. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18th, 1881. LICENSES FOR SALE OF LIQUORS IN EFFINGHAM COUNTY. No. 101. An Act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars. Section I. The General Assembly of the State of Georgia do enact , That it shall not be lawful for the Ordinary, of the Board

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of Commissioners of Roads and Revenue, or other authority of Effingham county, to grant license to any person or persons to sell spirituous or intoxicating liquors of any kind, in any quantity, in said county, except upon the written petition of the applicant, stating especially, the place at which he designs to sell, and upon which petition shall be endorsed the written consent of a majority of the freeholders living within three miles of the place so designated in such petition. License not to be granted except on petition and consent of freeholders, must be endorsed thereon. Sec. II. Be it further enacted by the authority aforesaid , That all applicants for such license, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailing of spirituous liquors, and shall pay to the Ordinary, or to the Board of Commissioners of Roads and Revenue, or other authority, as the case may be, a license fee of five thousand dollars. Oath and bond of liquor sellers. License fee. Sec. III. If any person shall sell spirituous or intoxicating liquors of any kind in said county of Effingham without the license being granted as aforesaid, upon the terms aforesaid, he shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4565 of the Code of Georgia, defining the offense of retailing spirituous liquors without a license and prescribing the penalty therefor. If any Ordinary or Board of Commissioners of said county, or other person entrusted with the power to grant license for the sale of liquors, shall grant license to any person contrary to the provisions and terms of this Act, he or they shall be guilty of a misdemeanor, and shall likewise be punished in the manner prescribed by law for the punishment of persons who retail spirituous liquors without a license. Nothing in this Act prescribing penalties shall be construed to imply that a person retailing liquors without the license prescribed in this section, may not be punished as prescribed in section 4565 of the Code without this enactment. Penalties for violations of this Act. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 24th, 1881.

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PROHIBITING SALE OF LIQUORS IN DOOLY COUNTY. No. 107. An Act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors in the county of Dooly, and providing punishment for the same. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person, or persons, to sell, barter, or furnish, either directly or indirectly, for a valuable consideration, any spirituous, malt, or other intoxicating liquors, in any quantity, within the limits of Dooly county, including the corporate limits of the town of Vienna. Sale or furnishing of liquors in Dooly county prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person, or persons, who shall violate the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished as prescribed by section 4310 of the Revised Code of 1873. Penalty for violating this Act. Sec. III. Be it further enacted by the authority aforesaid , That the provisions of this Act shall not apply to practising physicians furnishing liquors in case, or cases, of medical treatment only, nor to parties who have procured license to sell, until the expiration of said license. This Act not to apply to physicians furnishing for medical treatment. Sec. IV. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to effect the right of any person to sell wines from his own production as now provided by law; and, provided , that this Act shall not take effect until a majority of the legal voters of said county, voting at an election to be held for the purpose, shall decide in favor of such prohibition. The election shall be held within sixty days from the date of the passage of this Act, upon thirty days' notice by the Ordinary of said county, and shall be held under the rules and regulations provided by law for election for members of the General Assembly, and the returns shall be made to the Ordinary, who shall declare the result. This Act not to affect sale of domestic wine. Must be submitted to legal voters of the county. When election shall be held. Regulations for. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 24th, 1881.

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TO PROHIBIT SALE OF LIQUORS IN HOUSTON COUNTY. No. 109. An Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Houston, and for other purposes therein named. Section I. The General Assembly of the State of Georgia do enact , That an election shall be held in the county of Houston on the first Monday in October, 1881, to determine whether intoxicating liquors shall any longer be sold in said county. Election to be held. When to be held. Sec. II Be it further enacted , That the Ordinary of said county shall publish once a week for the four weeks immediately preceding said election one notice of the same in the newspapers published in said county. Notice to be given by Ordinary. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot the words, In favor of the sale of liquor, or the words, Against the sale of liquor. Ballotshow to be prepared. Sec. IV. Be it further enacted , That the qualifications of the voters at said election, and manner of conducting it, shall be the same as for members of the Legislature for said county, except that the returns thereof shall be made to the Ordinary of said county, who shall consolidate the vote, and declare the result by publishing the same one time in the newspapers of said county. Qualifications of voters. Returns shall be made to Ordinary. Sec. V. Be it further enacted , That should a majority of the votes cast at said election have upon them the words, Against the sale of liquor, then, and in that event, the provisions of this Act shall go into effect on the first day of January, 1882, and on and after that day it then shall not be lawful for any person or persons to sell, directly or indirectly, any alcoholic, spirituous or malt liquors, or intoxicating bitters, in any quantity in the said county of Houston, and any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and be punished as prescribed in section 4310 of the Code of Georgia. If majority determine for prohibition, sale of liquors shall be unlawful. Penalty for violating this Act. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent practising physicians furnishing liquors themselves to their patients under treatment by them, nor shall this Act prevent any person from selling domestic wine made by himself in said county. Act does not apply to physicians. Nor to sale of domestic wines. Sec. VII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 26th, 1881.

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LICENSE FEE FOR SALE OF LIQUORS IN CLINCH COUNTY. No. 128. An Act fixing the license fee for the sale of spirituous, intoxicating and malt liquors, in the county of Clinch, at fifteen hundred dollars, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the license fee for obtaining license to sell spirituous, intoxicating and malt liquors, in any quantity, in the county of Clinch, shall be fifteen hundred dollars per annum, which sum shall first be paid into the county treasury, in good and lawful currency, before any such license shall issue. License fee fixed at $1.-500. Sec. II. Be it further enacted by the authority aforesaid , That the terms spirituous, intoxicating, and malt liquors, as used in this Act, is declared to mean and embrace all and every kind of distilled spirits, malt liquors, wines, beers, ciders, bitters, and patented nostrums, which, if drank to excess, will produce intoxication. What covered by terms, Spirituous, intoxicating and malt liquors. Sec. III. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, shall be guilty of a misdemeanor, and, an conviction therefor, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violating this Act. Sec. IV. Be it further enacted by the authority aforesaid , That any person, except licensed physicians in the regular practice of their profession, in cases of actual sickness, who shall barter, exchange, furnish, or supply, spirituous, intoxicating, and malt liquors, in any quantity, in said county, for a valuable consideration, either directly or indirectly, shall be deemed and held as coming within the provisions of this Act. Only physicians excepted from this Act. Sec. V. Be it further enacted by the authority aforesaid , That nothing in this Act contained shall be so construed as to effect any license granted by the Ordinary of said county prior to the passage thereof. Act not to apply to licenses already granted. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 31st, 1881.

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SALE OF LIQUORS IN STOCKTON PROHIBITED. No. 129. An Act to prohibit the sale of spirituous, intoxicating and malt liquors in the town of Stockton, Clinch county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the expiration of existing license, the sale of spirituous, intoxicating and malt liquors in the town of Stockton, Clinch county, shall be prohibited. Sale of liquors prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violating this Act. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 31st, 1881. REGULATING SALE OF LIQUORS IN GREENVILLE. No. 136. An Act to authorize and empower the Intendant and Commissioners of the town of Greenville, in this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town, and to submit the question of Prohibition, or No Prohibition, to the qualified voters of said town. 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 Intendant and Commissioners of said town shall have power and authority to levy and collect a tax of one hundred dollars, neither more nor less, as an annual license fee upon any applicant to sell, either by wholesale or retail, spirituous, malt or vinous liquors (except domestic wines,) within the corporate limits of said town, and the person or firm paying the tax or license fee aforesaid, as a wholesale or retail dealer, shall not sell at but one place or house during the time for which he has paid said tax, and shall give bond with good security in the sum of five hundred dollars, to the Intendant of said town, and his successors in office,

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conditioned that he will keep an orderly and quiet house, and comply with all the ordinances of said town. Intendant and Commissioners of Greenville may levy tax on liquor dealers. License authorizes ale only in one place. Dealer must give bond. Sec. II. Be it further enacted , That the Intendant and Commissioners shall have the power to punish any person by fine not exceeding twenty-five dollars, imprisonment not to exceed ten days, to work on the streets not to exceed twenty days, (and any one or more of these punishments may be ordered in their discretion,) who shall engage in the business of a wholesale or retail dealer in violation of the foregoing provisions, or the ordinances of said town made in pursuance thereof. And said person shall be liable to be so punished for each day that he may carry on said business without having paid the tax and procured a license, or without having given the bond and security as required by the ordinances of said town. And said Intendant and Commissioners shall in like manner have the right to inflict the like punishment on any seller or dealer who violates any of the by-laws or ordinances of said town made for the regulation of the sale of spirituous, malt and vinous liquors in said town. Penalty for sale without license. Penalty for violating by-laws or ordinances for regulating sale of liquors. Sec. III. Be it further enacted , That this Act is intended to vest in the municipal authorities of said town full and complete authority to regulate the sale of spirituous, malt or vinous liquors of any kind (except domestic wine and medicinal bitters and mixtures) in said town, and the Intendant and Commissioners shall have full power to pass all ordinances, rules and by-laws which may be necessary to carry out this intention and to enforce the same; Provided, always , that the annual tax or license fee upon wholesale or retail dealers shall be one hundred dollars, neither more nor less. Full power given Intendant and Commissioners to regulate sale of liquors. Proviso. Sec. IV. Be it further enacted , That the foregoing provisions shall not be construed as to prohibit the citizens who are freeholders from voting to exclude altogether the sale of spirituous, malt or vinous liquors, (except domestic wines and medicinal bit ters or mixtures) within the corporate limits of said town, and it is hereby enacted by the authority aforesaid, that it shall be the duty of the Intendant and Commissioners of said town of Greenville, upon the petition of ten of the citizens, freeholders of said town, by giving ten days' notice to be posted at the court-house door in said town, to order an election to be held under the same rules and regulations as members of the General Assembly are elected, and all persons who are qualified to vote for members of the General Assembly, and have resided in said city the length of time required by law to entitle them to a vote therein, shall be entitled to vote at such election; and it shall be the duty of the voters at said election to endorse upon their ballots Prohibition, or No Prohibition, if a majority of the voters shall endorse upon their ballots Prohibition, then it shall be the duty of the Intendant and Commissioners to pass an ordinance prohibiting

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the sale of spirituous, malt or vinous liquors, (except domestic wines and medicinal bitters and mixtures) in the corporate limits of said town; if a majority of the voters should endorse on their ballots No Prohibition, then it shall be the duty of the Intendant and Commissioners to fix the license fee at one hundred dollars as provided aforesaid. Election shall be held on question of prohibiting sale of liquors. On petition of freeholders. Qualifications for voters. Ballots. Result of election. Sec. V. Be it enacted further , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 8th, 1881. REGULATING SALE OF LIQUORS IN WASHINGTON COUNTY. No. 145. An Act to fix the license for the retailing of spirituous liquors in the county of Washington at twenty thousand dollars, in addition to the present restrictions on the statute books regarding the granting of licenses in this county, and to require the incorporated cities and towns in the county to conform to this, to provide penalties for its violation, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the question as to whether or not such spirituous or intoxicating, vinous or malt liquors as are mentioned in the fifth section of this Act shall be sold, bartered or in any manner disposed of, except upon the payment into the county treasury of twenty thousand dollars for the use of the county, in addition to the present restrictions on the statue books regarding the granting of licenses in this county, and except as is otherwise provided for in this Act, shall be submitted to a decision of the qualified voters of said county, on the following conditions and regulations: Election to be held to determine whether or not licenses for sale of liquors shall be fixed at twenty thousand dollars. Sec. II. Be it further enacted , That it shall be the duty of the Ordinary of said county, within not less than twenty nor more than thirty days from the passage of this Act, to name a day at which an election shall be held at the various election precincts in said county, to determine the question as indicated in the first section of this Act; and the said Ordinary shall give notice of said election at least two weeks in the public gazettes of said county, and said election shall be held in the same manner and under the same regulations as are prescribed by law for holding elections for members of the General Assembly, and all persons qualified to vote for members of the General Assembly are hereby qualified to vote at said election. When election shall be held. Notice of election. Regulations for election.

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Sec. III. Be it further enacted , That those who favor the prohibition of the sale of the articles mentioned in the fifth section of this Act, except upon restrictions as by this Act provided, shall have written or printed on their ballots Against whisky, and those who favor the sale of the articles mentioned in the fifth section of this Act, without the restrictions as herein provided, shall have written or printed on their ballots For whisky. How ballots shall be prepared. Sec. IV. Be it further enacted , That the managers of said election shall keep, or cause to be kept, duplicate lists of voters and tally sheets, and it shall be the duty of said managers to sign and certify to and deliver the same to the Ordinary of said county on the day of the election, or as soon thereafter the next day as practicable, when said Ordinary shall carefully correct and consolidate said returns, which, if against whisky, said Ordinary shall certify to the result in the public gazettes of said county, and name a day in said proclamation, distant not more than ten days, after which the provisions of this Act shall take effect. Lists of voters to be kept and delivered to Ordinary. Ordinary shall publish result. Sec. V. Be it enacted by the authority aforesaid , That when proclamation is made as provided for in the preceding section, it shall not be lawful after the day named in said proclamation for any person or persons to sell, barter, vend, or dispose of, or give away at their place of business, or other public place, by any device whatever, for valuable consideration or otherwise, any spirituous, malt, vinous, or intoxicating liquors, or drinks, or any medicated bitters of any kind, or any liquors of which spirituous liquors is a material or constituent part, otherwise than is provided for in this Act. If result is against sale of liquors, it shall not be lawful to sell or dispose of liquors, except as provided in this Act. Sec. VI. Be it further enacted , That spirituous liquors, or liquids of which spirituous liquors are a material or constituent part, may be kept and sold as by this Act provided, and in no other way or manner, except for medical, chemical and manufacturing purposes, and for these purposes only by such druggist, apothecary or physician, who shall have obtained a license in pursuance of the provisions of this Act, for which license he shall pay the sum of five dollars for costs of procuring the same, which shall allow him only to sell for such purpose, and any druggist, apothecary or physician who shall have obtained such license, shall not keep at any time a greater quantity of such spirits on hand than fifty gallons, and shall not sell to any person a greater quantity at any one time than one gallon. Liquor may be sold for medical, chemical and manufacturing purposes. By druggists, apothecaries and physicians, under license. No greater quantity to be kept on hand than fifty gallons. Sec. VII. Be it further enacted , That the Ordinary may, upon application to him as herein provided, by a druggist, apothecary or physician, grant a license to last for one year, and no longer, to sell such spirituous liquors as are mentioned in this Act, only for medicinal, chemical and manufacturing purposes, and in the way and manner in this Act directed, and in no other; but before granting any such license, he shall ascertain and find by

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oath and examination of two or more sober and respectable citizens of the county, that such applicant is a sober, reliable and trustworthy person; Provided , that not exceeding one druggist, apothecary or physician shall be appointed to every five thousand inhabitants, according to the census next preceding the time of granting the license. Ordinary to grant license to sell to druggists, etc. Upon certain conditions. Proviso. Sec. VIII. Be it further enacted , That the Ordinary shall record the names of the citizens so by him examined, and the facts so found by him upon the minutes of his proceeding, in connection with the orders and proceeding granting the license, and any druggist, apothecary or physician desiring to obtain such license, shall apply for the same by petition, setting forth that he is a druggist, apothecary or physician, and specifying the place he sells drugs and medicines, or regularly practices medicine; that he desires to keep and sell such liquors for medical, manufacturing or mechanical purposes; that he will not knowingly keep or sell such liquors otherwise, nor in greater quantities than is by this Act provided, and that he will well and truthfully and faithfully keep and observe the provisions of this Act, so far as the same are applicable to him, and subscribe and swear to his petition, and the same shall be filed and preserved among the papers and records of the Ordinary. But no druggist, apothecary or physician shall be licensed to sell any of the spirituous or malt liquors herein mentioned until he has executed and given the Ordinary a bond, with good and sufficient security, to be duly accepted and approved in a sum not less than five thousand dollars, conditioned that he will faithfully comply with and perform all the requirements and conditions of this Act. Facts as to grant of license to be recorded by Ordinary. License must be applied for by petition. Petition to be filed and preserved. Bond to be given. Sec. IX. Be it further enacted , That any druggist, apothecary or physician having a license to keep and sell such spirituous liquors as are by this Act provided, shall not sell the same to any one person at one time in a greater quantity than one gallon, nor in any quantity unless the person applying to purchase the same shall present and deliver the certificate of a sober and respectable physician not a licensed dealer under this Act, given upon his honor, to the effect that such spirituous liquors so required are in fact required for chemical purposes, or a like certificate of a sober, respectable mechanic that such spirituous liquors are in fact required for mechanical purposes; and if any druggist, apothecary, physician, chemist, artist, or mechanic shall make any such certificate, falsely stating or suggesting the purpose for which such spirituous liquors specified by him are required, he shall be deemed guilty of a misdemeanor, and punished as prescribed in the thirteenth section of this Act. Persons having license may not sell more than one gallon at a time. And cannot sell save on certificate of physician or mechanic Giving false certificate a misdeme or. Penalty. Sec. X. Be it further enacted , That no person, except as provided for in this Act, shall sell any of the intoxicating liquors herein mentioned in any manner or in any quantity, contrary to

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the provisions of this Act, nor shall any person authorized to sell under the provisions of this Act, allow any person or persons to drink at his place of business, nor shall any person sell to a minor, insane person, nor to an intoxicated person, even if they present such a certificate as before mentioned, nor to any intemperate person of whose intemperate habits he has been notified by the relatives of such person, whether he has a certificate or not. Farther restriction as to sale of liquors. Sec. XI. Be it further enacted , That nothing in this Act shall be so construed as to repeal any provisions in any law now of force requiring the consent of two-thirds of the freeholders to obtain a license for selling intoxicating liquors in Washington county, not inconsistent with the provisions of this Act, neither shall anything be so construed as to exempt any of the cities and towns of said county from any one or more of the provisions of this Act. This Act does not affect existing local laws. Sec. XII. Be it further enacted , That nothing in this Act shall be so construed as to prohibit the manufacture of domestic wines or cider, or the purchase and sale of wines for sacramental purposes, nor to prohibit the sale of domestic cider, nor to prohibit any one from selling any of the articles mentioned in this Act, even if a majority at said election shall vote Against whisky; Provided , they pay into the county treasury twenty thousand dollars and receive a license therefor in addition to the present restrictions on the statute books requiring the granting of license in said county. Does not affect manufacture of domestic wines, etc. Or to prohibit sale where license fee of $20,000 is paid. Sec. XIII. Be it further enacted , That any person violating any one or more of the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as is prescribed in section 4310 of the Code of 1873. Penalties for violating this Act. Sec. XIV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 9th, 1881. LICENSE FOR SALE OF LIQUORS IN CHARLTON COUNTY. No. 147. An Act to fix the amount of license for selling spirituous, intoxicating or malt liquors, in the county of Charlton, in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes. 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 annual license fee to

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sell or vend spirituous, intoxicating, or malt liquors in any quantity, in the county of Charlton, in this State, shall be five thousand dollars. License fee fixed at $5000. Sec. II. Be it enacted by the authority aforesaid , That the county authorities aforesaid, in the county of Charlton, shall not issue license to any person to sell spirituous, intoxicating or malt liquors, in any quantity, in the county aforesaid, until the party applying therefor shall have paid into the county treasury the said license fee of five thousand dollars, and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors. Amount must be paid before license is granted. Sec. III. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violating this Act. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881. PROHIBITING SALE OF LIQUORS IN JEFFERSON COUNTY. No. 153. An Act to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors within the limits of Jefferson county, and to provide a punishment for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person or persons to sell or furnish either directly or indirectly, for a valuable consideration, any spirituous, malt or other intoxicating liquors, within the limits of the county of Jefferson. Illegal to sell liquor. Sec. II. Be it further enacted by the authority aforesaid , That any person or persons who shall violate the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction shall be punished as is prescribed in section 4310 of the Code of Georgia. Penalty. Sec. III. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved Sepember 12th, 1881.

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LICENSE FOR SALE OF LIQUORS IN WEBSTER COUNTY. No. 160. An Act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the county of Webster, in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes. 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 license fee to sell or vend spirituous, intoxicating or malt liquors, in any quantity, in the county of Webster, shall be two thousand dollars. License fee fixed at $2,000. Sec. II. Be it enacted by the authority aforesaid , That the county authorities in the county of Webster, invested with such power, shall not issue license to any person to sell spirituous, intoxicating or malt liquors, in any quantity, in said county, until the party applying therefor shall have paid into the county treasury of said county the license fee of two thousand dollars, and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors. License shall not be issued until fee is paid Sec. III. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Any one selling without license shall be held guilty of a misdemeanor. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12th, 1881. LICENSE FOR SALE OF LIQUORS IN CHARLTON COUNTY. No. 179. An Act to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes. 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 annual license

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fee to sell or vend spirituous liquors in any quantity in the county of Charlton, in this State, shall be five thousand dollars. License fee fixed at $5,000. Sec. II. Be it enacted by the authority aforesaid , That the county authorities aforesaid in the county of Charlton, shall not issue license to any person to sell spirituous, intoxicating or malt liquors in any quantity in the county aforesaid, until the party applying therefor shall have paid into the county treasury the said license fee of five thousand dollars, and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors. License shall not be issued until fee is paid and oath taken. Sec. III. Be it further enacted by authority aforesaid , That any person violating the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violating this Act. Sec. IV. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved Sepember 13th, 1881. TO REGULATE THE SALE OF LIQUORS IN GLYNN COUNTY. No. 181. An Act to prohibit the sale of spirituous, vinous and malt liquors, except for medical and mechanical purposes, in the county of Glynn. Section I. Be it enacted by the General Assembly of the State of Georgia , That the question whether or not ardent or spirituous, vinous and malt liquors shall be sold, bartered, or in any way disposed of for valuable consideration, in any quantity, except for medical purposes, in the county of Glynn, shall be submitted to a decision of the qualified voters of said county, on the following conditions and regulations: Election to be held to determine whether liquors may be sold in Glynn county. Sec. II. Be it further enacted , That it shall be the duty of the County Commissioners of said county, to name a day, distant not less than thirty nor more than sixty days, from and after the passage of this Act, at which an election shall be held at the election precincts, established legally in said county, to determine the question as to the sale of ardent, spirituous, vinous or malt liquors in said county, as indicated in the first section of this Act. That said election shall be held in manner and under the regulations prescribed by law for holding elections for members of the General Assembly. That all persons qualified to vote for members of the General Assembly are constituted legal voters at said election. Time of election. Regulations for election. Qualifications of toters.

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Sec. III. Be it further enacted by the authority aforesaid , That notice of said election shall be advertised for at least once a week for four weeks previous to the day appointed for holding said election, in a newspaper published in said county, and also by posting the same at four of the most public places in said county. Notice of election. Sec. IV. Be it further enacted by the authority aforesaid , That those who favor the restriction of the sale of spirituous liquors, as indicated in the first section of this Act, shall have written or printed on their ballots For Prohibition, and those who oppose such restrictions shall have written or printed on their ballots Against Prohibition. Ballotshow prepared. Sec. V. Be it further enacted , That the managers of said election shall keep, or cause to be kept, a list of voters and a tally sheet, and shall sign and certify to the same, and shall deliver the same to the County Commissioners of the said county, on the day of the election, or as soon thereafter as practicable, who shall carefully correct and consolidate said returns, and in the event the result of the vote is in favor of prohibition, said Commissioners shall certify the same officially, and publish said result in the public gazette in the county, or some other newspaper having general circulation in the county, once a week for four weeks. If the result is against prohibition, the publication shall be for one week. Lists of voters to be kept and delivered to County Commissioners. Notice to be published of result of election. Sec. VI. Be it further enacted by the authority aforesaid , That, when proclamation is made as hereinbefore provided for, it shall not be lawful, should the result of said election be in favor of prohibition, after the day named in said proclamation, for any person to sell, barter, or in any way dispose of for valuable consideration, any ardent, spirituous, vinous, or malt liquors, in said county of Glynn in any quantity; Provided , that vested rights of parties holding license shall protect them from the operation of this section for the period that their license is granted. If election is for prohibition, sale of liquors shall not be lawful. Vested rights not affected by this Act. Sec. VII. Be it further enacted , That in the event the vote shall be in favor of prohibition, it shall not operate to prevent druggists from keeping spirituous, vinous, or malt liquors, for medical purposes, but that no druggist shall sell except upon the prescription of a practicing physician, any such spirituous, vinous or malt liquors. Act does not apply to druggists selling for medical purposes, or physicians' prescriptions. Sec. VIII. Be it further enacted by the authority aforesaid , That any person violating the preceding sections of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as is prescribed in section 4310 of the Code of Georgia published in 1873. Penalty for violating this Act. Sec. IX. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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LICENSE FOR THE SALE OF LIQUORS IN CAMDEN COUNTY. No. 184. An Act to increase the license for selling intoxicating liquors in any quantity to five thousand dollars, in the county of Camden. Section. I. The General Assembly of the State of Georgia do enact , That the license for selling intoxicating liquors in any quantity in the county of Camden shall be increased to five thousand dollars. License increased to $5,000. Sec. II. And be it further enacted by the authority aforesaid , That the term intoxicating liquors, as used in this Act, is declared to mean and embrace all and every kind of distilled spirits, wines, malt liquors and medicated bitters, which, if drank to excess, will produce intoxication. What the term, Intoxicating Liquors, shall include. Sec. III. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. SALE OF LIQUOR IN 427TH DISTRICT. G. M., PROHIBITED. No. 185. An Act to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, in the 427th district, G M., in the county of White, and known as Nacoochee district, and to provide a penalty therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person, or persons, to sell spirituous, malt or intoxicating liquors, in any quantity whatever, in the 427th district, G. M., in the county of White, known as the Nacoochee district; and if any person or persons shall violate the provisions of this Act, they shall be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of Georgia of 1873; Provided , that this Act shall not go into effect until the same shall have been ratified by a majority of the legal voters of said district qualified to vote for members of the General Assembly of

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this State, voting at an election to be held at the election precincts of said district. The Ordinary of said county, upon the petition of at least ten freeholders of said district, and residing therein, shall order an election, to be held not earlier than thirty days thereafter, of which election the petitioners shall give notice in writing, at the election precinct, and at two other public places in said district, at least twenty days before such election, by posting the same, which notices shall plainly and distinctly state the time and place of such election. Such election shall be conducted as elections for Justices of the Peace, except that returns shall be made to the Ordinary only. Those favoring this Act shall indorse on their tickets For prohibition, and those opposing this Act shall indorse on their tickets Against prohibition. If it shall appear to said Ordinary, upon counting said votes, that a majority of the legal votes cast at such election shall be For prohibition, he shall make an entry on the minutes of his court, stating all the facts, and from that date this Act shall go into full effect. But if it shall appear that a majority of such votes cast shall be Against prohibition, he shall in like manner make an entry on his minutes, and in that event this Act shall not go into effect. Sale of liquor in 427th District, G. M., prohibited. Penalty for violating this Act. Act must be ratified by legal voters of the Disrict. Regulations of election. Notice of election. Conduct of election. Tickets. Result of election. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. LICENSE FOR SALE OF LIQUORS IN TOWN OF EASTMAN AND COUNTY OF DODGE. No. 196. An Act to amend an Act prescribing a method of granting license to sell spirituous or intoxicating liquors or bitters in the town of Eastman, and the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this Act, and for other purposes, approved October 3d, 1879. Section I. Be it enacted by the General Assembly of the State of Georgia , That section first of the above recited Act be amended by striking out the words either the corporate authorities of the town of Eastman, and inserting the words for the authorities of any corporation in Dodge county; also that section second be amended by striking out all the latter portion of said section, beginning

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with the words except in the town of Eastman, and add ing in lieu thereof, and shall advertise in a public gazette, published in said county, for thirty days, a list of the names of the signers of said petition, and giving notice to all parties that have any legal reason why said license should not be granted, to come forward on the day advertised for the granting of such license, and make such objection known to the authorities about to grant the same, and the Ordinary, or corporate authorities, after hearing both parties, shall decide whether or not the applicant is legally entitled to said license, and either party shall have the right to appeal to the Superior Court, as in other cases. Also section third be amended so as to read five thousand dollars, instead of fifteen hundred dollars, and striking out the remainder of said section, beginning at the words provided that the provisions of this Act shall not apply, etc. Also that section fourth be amended so as to read as follows: This Act shall not apply to a regular licensed practising physician, who shall not sell in quantities less than one quart, nor more than one gallon, provided that he is satisfied and believes that the same is needed, and will not be used except as a medicine, and shall first require of and administer to the applicant for the same an affidavit that it is not wanted, and will not he used, except as a medicine, said physician being hereby authorized to administer such oath, which he shall record in a book to be kept for that purpose, which book shall be delivered by said physician to the grand jury on the first day of each Superior Court, to be examined by them as Justice of the Peace dockets; and if the grand jury shall find that such physician has not conformed to the spirit and intention of this Act, and has prostituted the exceptions in favor of physicians, and has sold distilled, malt or spirituous and intoxicating liquors or bitters, or any admixture of them, in any quantity whatever, when he has reasons to believe that the same was not wanted as a medicine, but wanted as a beverage, he shall be deemed a retailer without license, under this Act, and the grand jury shall find a bill against any such physicians for retailing without license under this Act. Act as to grant of liquor license, etc., for town of Eastman, and county of Dodge, amended. Notice of petition. Appeal to Superior Court. $5,000 inserted in lieu of $1,500. Act not to apply to physicians. Regulations as to sales by physicians. Sec. II. Be it further enacted by the authority aforesaid , That if any physician shall, after the passage of this Act, sell, barter, give or furnish any bitters, malt, distilled, or spirituous liquors, or any admixture of them, and allow the same to be drank in his, drug store or office, or any house owned or controlled by said physician adjoining his office or drug store, except as a medicine, and in a case of actual necessity, shall be deemed a retailer without license under this Act. Penalty for violation of this Act by physicians. Sec. III. Be it further enacted by the authority aforesaid , That the provisions of this Act shall go into effect sixty days after its passage and approval by the Governor, unless a majority of the qualified voters of said county of Dodge shall vote against this

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Act, and such election, if held, shall be within sixty days after the passage of this Act, and said election to be held under the same rules and regulations as govern and apply to elections for members of the General Assembly, and those voting against the provisions of this Act shall have written or printed on their ballots, No Ratification, and those voting in favor of this Act shall have written or printed on their ballots, Ratification. The returns of said election shall be made by the managers to the Ordinary of said county, who shall, after the returns are consolidated by the managers, declare and publish the result of said election. Said election may be ordered in the discretion of the Ordinary of said county, of which four weeks' previous notice shall be given by publication in the official gazette of said county. This Act to be submitted to qualified voters. Regulations of election. Ballots. Result of election. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. LIQUOR LICENSE IN MONTGOMERY COUNTY. No. 211. An Act to put the liquor license in Montgomery county at not less than five thousand dollars. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, all applicants for license to sell intoxicating liquors in the county of Montgomery, in this State, shall, in addition to complying with the laws now in force, pay a license fee of five thousand dollars per annum. Liquor license fixed at $5,000. Sec. II. Be it further enacted , That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code of 1873; Provided , nothing in this Act shall be construed to affect the right of any person to sell wine made from his or her own vineyard as now provided by law. Penalty for violating this Act. Act not to apply to sale of domestic wines. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved, September 15th, 1881.

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SALE OF LIQUORS IN VILLAGE OF LONG CANE. No. 213. An Act to prohibit the sale of intoxicating liquors of any and every kind, within two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county, Georgia, and to provide a penalty therefor. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person or persons to sell intoxicating liquors of any kind whatever, within two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county, Georgia. Sale of liquor in two miles of churches in Long Cane, prohibited. Sec. II. Be it further enacted , That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violating this Act. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and same are hereby, repealed. Approved September 15th, 1881. LIQUOR LICENSE IN TELFAIR COUNTY. No. 216. An Act to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of five thousand dollars for the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for either the corporate authorities of any town in Telfair county, or the Ordinary of said county, to issue license to any person to sell spirituous or intoxicating liquors of any kind except in the manner hereinafter prescribed. Liquor license not to be granted save under this Act. Sec. II. Be it further enacted by the authority aforesaid , That it shall not be lawful for the authorities aforesaid, or any other authority, to grant license to any person or persons to sell spirituous, or intoxicating liquors of any kind in any quantity, in either the

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county of Telfair or the incorporated towns in said county, except upon the written petition of the applicant stating specifically the place at which the applicant desires to sell, and upon which petition shall be endorsed the written consent of a majority of the freeholders living within three miles of the place so designated in such petition, except in the incorporated towns in said county of Telfair, in which the petition shall be endorsed by a majority of the freeholders living within said town. License not to be granted in count or towns. Except on petition and consent of freeholders. Sec. III. Be it further enacted by the authority aforesaid , That all applicants for such license when granted, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailers of spirituous liquors, and shall pay to the authority granting such license the sum of five thousand dollars. Oath of retailers and their bond. License fee. Sec. IV. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1873. Penalty for violation of this Act. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881. SALE OF LIQUORS IN TWO MILES OF PROSPECT CHURCH, IN DE KALB COUNTY, PROHIBITED. No. 217. An Act to prohibit the sale of intoxicating liquors, in any quantity, within two miles of Prospect church, in the county of DeKalb. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person, or persons, to sell, in any quantities, within two miles of Prospect church, in the county of DeKalb, any intoxicating liquors. Sale of liquor prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act, upon conviction thereof, shall be punished as prescribed in section 4310 of the Revised Code of 1873 of this State. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15th, 1881.

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SALE OF LIQUORS AT DELHI PROHIBITED. No. 219. An Act to prohibit the sale of intoxicating liquors at Delhi, in Wilkes county, Georgia, and within a radius of four (4) miles of said village of Delhi. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, it shall be unlawful for any person to sell to another any intoxicating liquor of any kind whatever, at Delhi, in Wilkes county, Georgia, and within a radius of four (4) miles said village of Delhi. Unlawful to sell liquors within four miles of Delhi, Wilkes county. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act as contained in the first section thereof shall be guilty of a misdemeanor, and on conviction thereof, in any court having jurisdiction, shall be punished as provided in section 4310 of the Code of 1873. Penalty. Sec. III. Be it further enacted by authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16th, 1881. LIQUOR LICENSE IN BRYAN COUNTY. No. 222. An Act to increase the license tax on liquors in the county of Bryan to the sum of five thousand dollars. 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, on and after the passage of this Act, the license tax on liquors in the county of Bryan shall be raised from twenty five hundred dollars ($2.500) to five thousand ($5 000) dollars. License raised from $2,500 to $5,000. Sec. II. Be it further enacted by the aforesaid authority , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16th, 1881.

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SALE OF LIQUORS IN TWO MILES OF MOUNT CARMEL CHURCH, GWINNETT COUNTY, PROHIBITED. No. 223. An Act to prohibit the sale of spirituous, vinous, or malt liquors at any point or place within two miles of Mount Carmel church, in the county of Gwinnett, to attach a penalty to the violation of the provisions thereof, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, it shall not be lawful for any person to sell or barter any spirituous, vinous or malt liquors, or intoxicating bitters, at any point or place within two miles of Mount Carmel church, in the county of Gwinnett, in said State, except when the limits herein prescribed extend within the corporate limits of the town of Norcross. Sale of liquor prohibited. Except where limits extend into Norcross. Sec. II. Be it further enacted , That any person violating the provisions of section first of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed by section 4310 of the Code of 1873. Penalty. Sec. III. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 16th, 1881. LIQUOR LICENSE IN LEE COUNTY. No. 235. An Act to change so much of the Act creating the Board of Commissioners of Lee county, approved February 28th, 1876, as relates to the granting of retail license, and to confer the authority to grant retail license upon the Ordinary of said county. 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 ninth section of An Act to create a Board of Commissioners of Roads and Public Buildings and Public Property and Finances for the county of Lee, and for other purposes, approved February 28th, 1876, vesting authority to grant retail license in said Commissioners, be, and the same is hereby, repealed, and the authority to grant licenses to

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retail spirituous and malt liquors in said county of Lee be, and is hereby, vested in the Ordinary of said county. Authority to grant license vested in Ordinary of Lee county. Sec. II. And be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 17th, 1881. SALE OF LIQUORS IN VICINITY OF UNIONVILLE CHURCH, MONROE COUNTY, PROHIBITED. No. 238. An Act to prohibit the sale of intoxicating drinks of either malt or spirituous liquors, in any quantity whatsoever, within one and one half miles of Unionville (A. M. E.) church, in Monroe county, to provide a penalty for the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person or persons to sell or offer for sale within one and one-half miles of Unionville (A. M. E.) church, in Monroe county, any intoxicating drinks of malt or spirituous liquors in any quantity whatever. Sale of liquor in vicinity of Unionville churches, prohibited. Sec. II. Be it further enacted , That if any person or persons shall violate the provisions of this Act, upon conviction thereof, he or they shall be deemed guilty of a misdemeanor, and shall be punished as prescribed by section 4310 of the Code of Georgia; Provided , that nothing in this Act shall apply to any person or persons now engaged in the sale of spirituous or malt liquors until their present license shall have expired Penalty. Act does not apply to those now holding licenses. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881.

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REGULATING SALE OF LIQUOR IN POLK COUNTY. No. 241. An Act to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Polk, State of Georgia, and for other purposes, and to provide penalties for a violation of this Act. Section I. Be it enacted by the General Assembly of the State of Georgia , That within thirty days after the passage of this Act, the Ordinary of Polk county shall advertise an election to be held in said county upon the question of restriction or no restriction of the sale of spirituous or intoxicating liquors, of any kind, in said county. Election to be held as to sale of liquors. Sec. II. Be it further enacted by the authority aforesaid , That said election shall be held and conducted as prescribed under the general election laws of this State, except that the ballots cast shall have written or printed on them For Restriction, or Against Restriction, as the voters may favor or oppose the sale of spirituous or intoxicating liquors. The result of said election shall be reported by the managers thereof to the Ordinary of said county, who shall make record of said result in his office and the same shall be announced by him in the Cedartown Advertiser, or in the paper where the legal advertisements of the county are had, one insertion of the result in such paper shall be sufficient. Regulations of election. Ballots. Result of election. Sec. III. Be it further enacted by the authority aforesaid , That if the result of said election is for restriction, any person who shall, after the announcement of said fact as provided in the preceding section, sell, barter or exchange to another, any spirituous or intoxicating liquors in any quantity, and for any purpose whatever, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Revised Code of 1873. If result is for restriction, sale shall be unlawful. Penalty. Sec. IV. Be it further enacted by the authority aforesaid , That the advertisement provided in section first of this Act, shall be made once a week for four weeks in the Cedartown Advertiser, and shall also be posted at the Justice Court ground of each militia district in said county, at least thirty days before the time fixed for said election. Notice of election. Sec. V. Be it further enacted by the authority aforesaid , That if the result of the election provided for in the preceding sections of this Act should be against restriction, it shall nevertheless be unlawful for the Ordinary of Polk county to grant license to any person to sell spirituous or intoxicating liquors in any quantity, at any place in said county outside the limits of incorporated towns having a regular organized town government, except upon the written petition of the applicant stating especially the place

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at which he designs to sell, and upon which petition shall be endorsed the written consent of two-thirds of the actual land owners, male and female, twenty-one years of age and upwards, living within three miles of the place so designated in said petition, and the applicant shall pay to the Ordinary a license fee of one hundred dollars. Result of election. License not to be granted except on petition, and consent of freeholders must be had. License fee. Sec. VI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 19th, 1881. SALE OF LIQUORS IN VICINITY OF VILLAGE OF LAFAYETTE PROHIBITED. No. 254. An Act to prohibit the sale of spirituous, vinous and malt or any intoxicating liquors, within three miles of the academy located at the village of LaFayette, Walker county, Georgia, and to prescribe a penalty for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person to vend or sell in any quantity spirituous, vinous, malt, or any other intoxicating liquours within three miles of the academy located at the village of LaFayette, in Walker county, Georgia. Sale of liquor in three miles of academy in village of LaFayette, prohibited. Sec. II. Be it further enacted , That any person violating the provisions of this Act shall, upon conviction, be punished as prescribed in section 4310 of the Revised Code of 1873. Penalty. Sec. III. Be it further enacted , That all laws and parts of laws, whether general, special, or local, militating against this Act be, and the same are hereby, repealed. Approved September 22nd, 1881.

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REGULATING SALE OF LIQUORS IN WILKINSON COUNTY. No. 257. An Act to prohibit the sale of spirituous liquors in the county of Wilkinson, in the State of Georgia, unless the same shall be authorized by a majority of the legal voters of said county, and to prescribe the manner of taking the vote thereon. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the sale of spirituous liquors in said county of Wilkinson be, and the same is hereby, prohibited, until the same shall be authorized by a majority of the legal voters of said county in the manner hereinafter prescribed, and neither the Ordinary of said county, nor the constituted authorities of any incorporated town or village within the limits of said county, shall issue any license whatever for the sale of spirituous liquors, until thereunto authorized as hereinafter prescribed; Provided , that this Act shall not apply to any person or persons holding unexpired license for such sale until the expiration of said license. Question as to sale of liquors to be submitted to election. Unexpired license. Sec. II. Be it further enacted , That an election shall be held in said county of Wilkinson on the fourth day of January, 1882, under the rules and regulations governing elections for county officers at which election the question submitted shall be Prohibition, or No Prohibition, and the ballots shall be endorsed For Prohibition, or Against Prohibition, and on the day after said elections duplicate returns thereof shall be made to the Clerk of the Superior Court and Ordinary of said county, respectively, and the result thereof shall be published by the Ordinary in the gazette in which he publishes his official notices; and if a majority of the votes cast at said elections shall be Against Prohibition, then the prohibition hereinbefore provided for shall cease, and be from thenceforth of no effect, and licenses to retail spirituous liquors shall be issued as heretofore provided by law. Time and regulations of election. Ballots. Result of election. Sec. III. Be it further enacted , That the prohibitions in this Act shall not apply to regular practicing physicians prescribing and administering such liquors for medical purposes only. Sec. IV. Be it further enacted , That any person or persons violating the provisions of this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1873. Act does not apply to physicians. Sec. V. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 22nd, 1881.

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SALE OF LIQUORS IN RANDOLPH COUNTY. No. 259. An Act to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county for two years ensuing the election, and biennially thereafter to re-submit said question. Section I. Be it enacted by the General Assembly of Georgia , That for the purpose of ascertaining the will of the people of Randolph county, in said State, as to allowing the retail of spirituous and malt liquors within said county, an election shall be held at the several places of voting in said county, on the first Tuesday in December, 1881, at which election all those qualified to vote for members of the General Assembly may vote, and the same rules as to management shall prevail as appertain to other county elections, and upon such ballot shall be either the word License, or the words No License, and if the majority of such votes shall be for No License, then for the space of two years from the date of said election no license shall be issued by any authority whatever to retail spirituous or malt liquors, at any point within said county; Provided , that nothing herein contained shall deny the right to sell such domestic wines as are manufactured in said county under the laws already existing. Election to be held to determine whether liquors shall be sold during two years. Regulations of election. Ballots. Proviso. Sec. II. Be it further enacted, etc. , That notice of such election shall be published by the Ordinary in some public gazette in said county, at least once a week for four weeks prior to the day of such election; that the returns of such election shall be delivered by the managers to the Ordinary within one day after the day of said election, and said officer shall ascertain the result and proclaim the same by publication in like manner in two successive issues of such gazette. Notice of election. Returns of election. Result of election. Sec. III. Be it further enacted etc. , That on the first Tuesday in December of each alternate year following the year 1881, a like election shall be held under the same regulations, and with like effects, as to the period of two years next following the election. Subsequent elections. Sec. IV. Be it further enacted, etc. , That while the retailing of liquors is so prohibited in said county, any one so selling any spirituous or malt liquors so prohibited, shall be punished as prescribed in section 4310 of the Code of Georgia of 1873, and the officers of said county, or of any municipal corporation therein, are, after the passage of this Act, hereby prohibited from granting any license to retail until the result of such first election is proclaimed. Penalty. Sec. V. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 22nd, 1881.

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SALE OF LIQUORS IN GWINNETT COUNTY. No. 289. An Act to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett. Section I. Be it enacted by the General Assembly , That the question whether or not spirituous, vinous and malt liquors shall be sold, bartered, or in any way disposed of for valuable consideration, in quantities less than one gallon, in the county of Gwinnett, shall be submitted to the qualified voters thereof at an election to be held on the first Tuesday in November, 1881. Question as to whether liquors shall be sold, etc., to be determined by election. Time of election. Sec. II. Be it further enacted , That it shall be the duty of the Justices of the Peace and the Notaries Public to open the polls at their respective precincts in said county and to hold said election, and said election shall be held subject to the same rules and regulations governing the election of county officers. Regulations of election. Sec. III. Be it further enacted , That those who favor the restriction of the sale of spirituous, vinous and malt liquors, as indicated in the first section of this Act, shall have written or printed on their ballots, For restriction, and those who oppose such restriction shall have written or printed on their ballots, Against restriction. Ballots. Sec. IV. Be it further enacted, etc. , That the managers of such election shall keep, or cause to be kept, duplicate lists of voters and tally sheets, and shall certify and sign the same; one of each shall be forwarded on the day after the election, or as soon thereafter as practicable, to the Secretary of State, and shall be by him forthwith laid before his Excellency, the Governor, and the other shall be filed with the Clerk of the Superior Court, and if it shall appear to his Excellency, the Governor, after counting and consolidating the returns, that a majority of the legal vote cast are for restriction, then he shall, without delay, issue his proclamation announcing the result, and declaring that the restrictions named in the Act shall take effect from and after a day named, which shall not be less than thirty nor more than sixty days from the date of such proclamation. Lists of voters to be kept; one to be forwarded to the Governor and the other filed in the Clerk's office. If election results in favor of restriction, Governor shall declare result, etc. Sec. V. Be it further enacted, etc. , That when proclamation shall be made as hereinbefore provided, it shall not be lawful, after the day named in said proclamation, for any person to sell, barter, or in any way dispose of for valuable consideration, any spirituous, vinous, or malt liquors, within the county of Gwinnett, in quantities less than one gallon. After proclamation, sale unlawful. Sec. VI. Be it further enacted, etc. , That no dealer in spirituous, vinous, or malt liquors, shall allow any liquors to be drunk on his

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premises, or at his place of business. In case of violation of this section, both the seller and buyer shall be subject to indictment and penalty as prescribed in section ninth of this Act. Dealer in liquors not to allow it drunk on his premises. Sec. VII. Be it further enacted, etc. , That no physician or druggist shall barter, sell, or in any way dispose of for valuable consideration, any spirituous, vinous or malt liquors in any quantities. Restrictions as to physicians and druggists. Sec. VIII. Be it further enacted, etc. , That this law shall not be held to repeal any existing laws of any municipality or locality of said county prohibiting the sale of liquors. This Act not to affect local laws. Sec. IX. Be it further enacted, etc. , That any person violating this Act shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violating this Act. Sec. X. Be it further enacted, etc. , That nothing in this Act shall be construed to prevent the sale of wine for sacramental purposes, or of spirituous, vinous or malt liquors in cases of actual sickness, on the prescription of a physician in regular practice. Act does not prevent sale for church use. Or for sickness. Sec. XI. Be it further enacted, etc. , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 24th, 1881. REGULATING SALE OF LIQUORS IN FORSYTH. No. 332. An Act to prohibit the sale of intoxicating drinks of either malt or spirituous liquors in any quantity whatsoever, within two miles of any church in the corporate limits of the city of Forsyth, Georgia, either as a beverage or as medicine, except on a bona fide prescription of a physician regularly engaged in the practice of medicine, to provide a punishment for the same, and for other purposes. Section I. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That, from and after December 1st, 1881, it shall not be lawful for any person or persons to sell or offer for sale within two miles of any church used for public worship, situated within the limits of the city of Forsyth, Georgia, any intoxicating drinks, of either spirituous or malt liquors, in any quantity whatsoever, except that a physician regularly engaged in the practice of medicine may prescribe such quantities for the immediate use of his patients, as

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he may deem necessary for the restoration or preservation of health; Provided , that this Act shall not go into effect, nor be of force, until the same shall have been ratified by a majority of the freeholders living within the limits prescribed by the provisions of this Act, at an election to be ordered and held as provided in another section of this Act. Election to be held to determine question as to sale of liquor. Except on prescription of physician Sec. II. Be it further enacted , That it shall be the duty of the Ordinary of Monroe county to order an election to be held on Wednesday the second day of November next, by giving notice once a week for two weeks in the newspaper in which the Sheriff's advertisements are published, said election to be held between the hours of nine o'clock A. M., and four o'clock P. M., and under the same rules and regulations as control the elections for members of the General Assembly, under the management of a Justice of the Peace and two freeholders, or three freeholders, who shall make returns thereof to the Ordinary as provided by law in elections for members of the General Assembly; the ballots cast at said election shall have written or printed on them, Prohibition, or No Prohibition, and only freeholders living within the district mentioned in the first section of this Act, shall be allowed to vote; should a majority of the ballots cast at said election be in favor of No Prohibition, then the provisions of this Act shall be of no force, but should a majority of the ballots be for Prohibition, then it shall be the duty of the Ordinary to give notice of the same in the newspaper in which the Sheriff's advertisements are published, once a week for three weeks, certifying that the Act of the General Assembly has been ratified and will go into effect on and after December 1st next. Ordinary shall order election. Time of election. Regulations of elections. Ballots. Qualifications for voters. Result of election. Sec. III. Be it further enacted by the authority aforesaid , That if any person or persons shall violate the provisions of this Act, upon conviction thereof, he or they shall be deemed guilty of a misdemeanor, and shall be made to pay a fine of not less than one hundred dollars, nor more than five hundred dollars, or imprisonment in the chain gang for the term of six months, or both fine and imprisonment in the discretion of the court. Penalty for violating this Act. Sec. IV. Be it further enacted , That this Act shall not apply to any person or persons now engaged in the sale of vinous, malt or spirituous liquors, until their present license shall have expired. Act does not apply to those already having license. Sec. V. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27th, 1881.

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SALE OF LIQUOR IN SUMTER COUNTY. No. 348. An Act to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county, and to give effect to the result of said election, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of Sumter county shall advertise an election to be held in said county on the 30th day of December, eighteen hundred and eighty-one, upon the question of prohibition or no prohibition of the sale of spirituous or malt liquors in said county, said election to be conducted in the same manner as elections for members of the Legislature of said State are conducted. At said election only the qualified voters of said county are entitled to vote, and any person nonresident of said county, or otherwise disqualified, voting at said election, shall be indicted and punished as prescribed in section 4310 of the Revised Code of Georgia of 1873. Question of sale of liquors to be decided by election. Conduct of election. Penalty for illegal voting. Sec. II. Be it further enacted by the authority aforesaid , That at said election the ballots cast shall have written or printed upon them, For Prohibition, or Against Prohibition, as the voters may favor or oppose the sale of spirituous or malt liquors in said county; that the managers of said election shall make a return of said election to the Ordinary of said county, who shall have authority to count all the ballots cast at said election, and should it appear from said count that a majority of said ballots so cast are for Prohibition, then it shall be the duty of the Ordinary to give notice of the result of said election in one or more of the newspapers published in said county, and after the publication of said notice, should any person sell, barter, or exchange to another in said county, any spirituous or malt liquors, such person so offending shall be indicted and punished as is prescribed in section 4310 of the Revised Code of Georgia of 1873; Provided , that this Act shall not effect the person or persons who have license to sell spirituous or malt liquors until the expiration of said license. Ballots. Result of election. Penalty for violating this Act. This Act not to affect those already having license. Sec. III. Be it further enacted by the authority aforesaid , That spirituous liquors may be sold for medicinal purposes; Provided , that the party selling shall first enter into bond with approved security in the sum of three thousand dollars conditioned to sell spirituous liquors for medicinal purposes only, and that said bond shall be made payable to the Ordinary of said county, and should said bond be violated, said person or persons so violating said bond shall be indicted as for a misdemeanor, and upon conviction,

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punished for such violations as is prescribed in section 4310 of the Revised Code of Georgia of 1873, and it shall be the duty of the Ordinary to bring suit upon said bond for the full amount of the same, which amount shall be recovered of said party or parties so violating the terms of said bond, and the money, when so recovered on said bond, shall be paid over by the Ordinary to the County Treasurer of said county, to be applied to any county purpose that the County Commissioners of said county may see proper to apply the same to. How liquors may be sold for medical purposes. Penalty for violating this provision. Sec. IV. Be it further enacted by the authority aforesaid , That at said election should any person or persons give or furnish to another, for the purpose of securing or influencing the vote of any person in favor of prohibition or against prohibition, any spirituous or malt liquors, or money, or other thing of value, said person so offending shall be indicted, and, on conviction, punished as prescribed in section 4310 of the Revised Code of Georgia of 1873. Penalty for furnishing to any one liquor at election. Sec V. Be it further enacted That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 28th, 1881. SALE OF LIQUOR IN VICINITY OF DAVISBORO CHURCH, IN WASHINGTON COUNTY. No. 406. An Act to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors within three miles of Davisboro Baptist church, located near No. 12, C. R. R., in the county of Washington, in this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, no person or persons shall furnish or sell any spirituous, malt or intoxicating liquors of any kind, or cause to be furnished or sold, any such spirituous, malt or intoxicating liquors within three miles of Davisboro Baptist church, located near Davisboro, No. 12, C. R. R., in the county of Washington, in this State. Sale of liquor in 3 miles of Davisboro Baptist church, prohibited. Sec. II. Be it further enacted by the authority aforesaid , That nothing in the foregoing section contained shall operate so as to prohibit physicians from furnishing liquors for medical purposes within the locality mentioned therein. Act not to apply to physicians. Sec. III. Be it further enacted by the authority aforesaid , That any person violating the provisions of section first of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1873. Penalty.

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Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and are hereby, repealed. Repealing clause. Approved September 29th, 1881. REGULATING SALE OF LIQUOR IN BURKE COUNTY. No. 425. An Act to prohibit the sale of intoxicating liquors of all kinds within the limits of the county of Burke, State of Georgia, (except for medicinal and sacramental purposes,) and provide appropriate remedies and penalties for the evasion and violation of the same. Section I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That it shall not be lawful for any person or persons to vend, sell, or expose for sale, in any way or manner, any intoxicating liquors of any kind whatever, within the limits of the said county of Burke, in this State (except for medicinal and sacramental purposes, as hereinafter especially provided). Within the term intoxicating liquors shall be included all kinds of wines, beer, malt liquors, and every other kind of spirituous liquors producing or causing intoxication; Provided , that the provisions of this Act shall not be so construed as to effect any license already granted. Sale of liquor prohibited. Sec. II. That it shall and may be lawful for any licensed druggist or apothecary to sell the same within the limits of the county of Burke upon the terms and manner hereinafter specified; that is to say, any licensed druggist or apothecary in said county may sell the same upon the certificate of a licensed physician under oath, that it has been prescribed for medicinal purposes, and that it is essential for the health of the patient wishing to purchase, and in case of a physician wishing to purchase for himself he must make affidavit that he desires it only for medicinal purposes, and will allow it to be used only for said purposes under his prescription. And in case any person desires to purchase wine for sacramental purposes, any licensed druggist or apothecary in said county may sell the same upon the affidavit of the party purchasing that it is to be used only for sacramental purposes, and also stating the place it is to be used. And it shall be the duty of all druggists and apothecaries of the said county to keep all such certificates and affidavits on file in their respective stores for at least two years from the time of filing. How liquor may be sold for medical purposes. How for sacramental purposes. Duty of druggists, etc.

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Sec. III. Be it further enacted , That any person or persons violating the provisions of this Act in any way or manner, or who shall in any way or manner give, sell or dispose of any liquors herein prohibited, in said county, for a valuable consideration, with the view of avoiding or evading the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Revised Code of 1873 of Georgia. Penalty for violating this Act. Sec. IV. Be it further enacted , That an election shall be held, by order of the Ordinary of the said county of Burke, on the first Tuesday in January, 1882, of which thirty days' notice shall be given in the advertising medium of said county of Burke, at which election those qualified to vote for members of the most numerous branch of the General Assembly shall be entitled to vote. Each and every qualified voter in such county desiring to vote in said election, shall be required to vote as for members of the General Assembly. If a majority of such voters shall vote for prohibition, this law shall then take effect and become operative thirty days after such election is held; if a majority of such voters should vote against prohibition, this law shall be of no effect. It shall be the duty of the managers of the election to return to the Ordinary's office of said county the result of said election, which shall be by him entered on the minutes of the Court of Ordinary, and shall be evidence of the result of said election. Adoption of this Act to be submitted to an election. Qualifications of voters. Result of election. Sec. V. And be it further enacted , That the laws governing other elections, and applying in any manner thereto, shall govern and apply to this election. Law of other elections apply to election under this Act. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881. SALE OF LIQUORS IN 217TH, 218TH, 220TH DISTRICTS G. M., OF CLARKE COUNTY. No. 439. An Act to amend an Act approved March 2nd, 1875, relating to the county of Butts, so as to make the same apply to the 217th, 218th and 220th militia districts, of the county of Clarke. Section I. Be it enacted , That an Act approved March 2nd, 1875, providing for submitting to the qualiffed voters of the county of Butts, in this State, the question of prohibiting the sale of spirituous liquors within the limits of said county, and prescribing

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the manner of conducting said election, be, and the same is hereby, amended, so as to make the provisions of said Act apply to the 217th, 218th, and 220th militia districts, of the county of Clarke. Act of March 2nd, 1875, as to county of Butts, made applicable to 217th, 218th and 220th Districts. G. M, of Clarke county. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. REGULATING SALE OF LIQUORS IN 483RD DISTRICT, G. M. OF BIBB COUNTY. No. 440. An Act to prohibit the selling and furnishing of any spirituous, vinous or malt liquors at any point within the four hundred and eighty-third (483) district Georgia militia, commonly known as Howard's District, in Bibb county, within three miles of any house of public religious worship, or any school-house within the limits of said district, and to provide a penalty for the same. Section I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That, from and after the passage of this Act, it shall be unlawful for any person to sell or furnish to another for any valuable consideration directly or indirectly given therefor, any spirituous, vinous or malt liquors at any point within the four hundred and eighty-third district, (483) Georgia militia, commonly known as Howard's District, in Bibb county, within three miles of any house of public religious worship, or of any school-house within the limits of said distrct; that this Act shall not take effect until it shall have been approved by a majority of the legal voters of said district, at an election to be held for that purpose after thirty days' notice of the time and place of holding such election, by publication in the newspaper in which are published the legal advertisements for the county of Bibb, and by posting the same at the Justice Court ground for said district, which election shall be held by the Ordinary of said county of Bibb upon the request of twenty-five voters of said district, and shall be held under the regulations and requirements now prescribed and of force for the election of members of the Legislature. Those who favor the bill shall have written or printed on their ballots, For Prohibition, and those who are opposed to the same shall have written or printed on their ballots, Against Prohibition. The returns of such election shall be made to the Ordinary of said county, who shall declare and publish in the paper

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in which are published the legal advertisements of said county of Bibb the result of the same. Sale of liquor in 3 miles of any place of worship or school-house, in 483rd District, G. M., of Bibb county, prohibited. If this Act be approved by majority of legal voters of the District. Notice to be given. When election may be held. Regulations of elections. Ballots. Result of election. Sec. II. Be it further enacted , That any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and shall be punished as provided in section forty-three hundred and ten (4310) of the Code of Georgia. Penalty for violating this Act. Sec. III. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 29th, 1881. REGULATING SALE OF LIQUORS IN WORTH COUNTY. No. 446. An Act to order an election to determine if the sale of intoxicating liquors, malt drinks or intoxicating spirits of any kind shall he prohibited in the county of Worth, State of Georgia. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the Ordinary of the county of Worth, State of Georgia, be authorized and directed to order an election by the qualified voters of the county of Worth as soon after the passage of this Act as practicable, giving thirty days' notice in the gazette in which the Sheriff's advertisements of said county are published, to determine whether or not the sale of intoxicating drinks of any description shall be sold in the county aforesaid. Election to be held to determine whether liquors may be sold. Notice of election. Sec. II. Be it further enacted by the authority aforesaid , That in the election to be held as prescribed in the foregoing section, tickets shall be voted having on them the words Prohibition, or No Prohibition, and if there be a majority of said votes in favor of Prohibition, then the Ordinary shall issue his order forbidding the sale of any intoxicating drinks within the limits of said county, until changed by law. Ballots. Result of election. Sec. III. Be it further enacted by the authority aforesaid , That at said election voters entitled to vote for members of the General Assembly shall be allowed to vote, and the election shall be held as elections for members of the General Assembly are held. Regulations of election. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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SALE OF LIQUOR IN TOWN OF LUTHERSVILLE PROHIBITED. No. 458. An Act to prohibit the sale of intoxicating, malt or vinous liquors within the corporate limits of the town of Luthersville, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person to sell, barter, or offer for sale, any spirituous, intoxicating, malt or vinous liquors within the corporate limits of the town of Luthersville, Meriwether county. Georgia. Sale of liquors in Luthersville prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Revised Code of Georgia of 1873. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. REGULATING SALE OF LIQUORS IN WALTON COUNTY. No. 459. An Act to prohibit the sale of spirituous, vinous and malt liquors (except for medicinal, mechanical and sacramental purposes) in the county of Walton, and to provide for holding an election, at which the question of such prohibition shall be submitted to the qualified voters of said county. Section I. The General Assembly of the State of Georgia do enact , That, upon the petition of at least one hundred qualified voters of said county, the Ordinary of said county shall order an election to be held on a day distant not less than thirty days nor more than sixty days, at which shall be submitted to such voters the question whether or not spirituous, vinous and malt liquors shall be sold (except for medicinal, mechanical or sacramental purposes) within said county; Provided , said election shall not be later than the first Wednesday in January, 1882. Election to be held on petition of qualified voters. When election shall be held. Sec. II. That said election shall be held in the manner and

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under the regulations prescribed by law for holding elections for members of the General Assembly, and that all persons qualified to vote for members of the General Assembly, who reside in said county, are constituted legal voters at said election. Regulations of election. Sec. III. Be it further enacted by the authority aforesaid , That notice of said election shall be advertised at least once a week for four weeks previous to the day appointed for holding said election in a newspaper published in said county, and also by posting the same at five of the most public places in said county; and should there be no newspaper published in said county, then the posting of the notices as aforesaid shall constitute sufficient notice of said election. Notice of election. Sec. IV. Be it further enacted by the authority aforesaid , That those who favor the restriction of the sale of spirituous, vinous and malt liquors (except for medicinal, mechanical and sacramental purposes), as pointed out in the first section of this Act, shall have written or printed on their ballots, Prohibition, and those who oppose such restriction shall have written or printed on their ballots, Against Prohibition. Ballots. Sec. V. Be it further enacted by the authority aforesaid , That the managers of said election shall keep, or cause to be kept, a list of the voters and a tally sheet, and shall sign and certify the same, and shall transmit or deliver the same, through one of their number, to the Ordinary of said county on the day of the election, or as soon thereafter as shall be practicable, who shall carefully correct and consolidate said returns; and in the event the result of such vote shall be in favor of prohibition, said Ordinary shall certify the same, under his official signature, and publish said result in the public gazette in said county, or in some other newspaper having a general circulation in said county, once a week for two weeks. Should the result of said vote be against prohibition, then the publication shall be for one week. List of votters to be kept. And to be delivered to the Ordinary. Result of election. Sec. VI. Be it further enacted by the authority aforesaid , That when proclamation is made as heretofore provided, it shall not be lawful, after the day named in said proclamation, for any person to sell spirituous, vinous and malt liquors, (except for medicinal, mechanical or sacramental purposes), within the county of Walton; Provided, nevertheless , That the vested rights of parties holding license shall protect them from the operation of this section for the period that their license is granted. After proclamation of result, sale shall be unlawful. Proviso. Sec. VII. That in the event prohibition prevails at any election for said county, the Ordinary upon the petition of four of the nearest neighbors and land owners to the place where liquors are to be sold, may appoint one or more proper and discreet persons, who, upon subscribing an oath, and giving bond with good security in the sum of five hundred dollars, to comply with the provisions of this Act, may be authorized to keep and sell wine for sacramental

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purposes and alcohol or any spirituous liquors for medicinal, mechanical or manufacturing purposes, but in no case to allow it to be drunk on the premises; said affidavit and bond shall be recorded by the Ordinary and kept in his office, and license issue, for which his fee shall be five dollars. How liquors may be sold for sacramental, medical, chemical or manufacturing purpoees. Sec. VIII. That if any person having given bond as aforesaid, and received license as aforesaid, shall violate the provisons of this Act, such person shall be guilty of a misdemeanor, and on conviction punished as provided in section 4310 of the Code of 1873, and a breach of said bond shall subject such obligor to an action on said bond, and the recovery shall be for the whole amount of the bond to be paid into the county treasury for school purposes. Penalty for violating above provision. Sec. IX. The provisions of this Act shall not apply to any locality in said county, where by law the sale of such liquors is now prohibited. Local laws not affected by this Act. Sec. X. Be it further enacted by the authority aforesaid , That any person violating the preceding sections of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as is prescribed in section 4310 of the Code of Georgia, published in 1873. Penalty for violating this Act. Sec. XI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881. REGULATING SALE OF LIQUOR IN MACON COUNTY. No. 472. An Act allowing the voters of Macon county to pass upon the question of prohibiting the sale of spirituous liquors in said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That the question whether or not ardent or spirituous liquors, or any kind of intoxicating drinks shall be sold, bartered, or in any way disposed of for a valuable consideration, in any quantity, except for medicinal, mechanical, or sacramental purposes, in the county of Macon, shall be submitted to the qualified voters of said county on the following conditions and regulations: Election to be held to determine whether sale of liquors shall be prohibited. Sec. II. It shall be the duty of the Ordinary of said county to name a day distant not less than thirty nor more than sixty days from and after the passage of this Act, at which an election shall

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be held at the election precincts legally established in said county, to determine the question as to the prohibition of the sale of ardent or spirituous liquors, or intoxicating drinks, in any manner whatever, in said county, as indicated in the first section of this Act; that said election shall be held in the manner and under the regulations prescribed by law for holding elections for members of the General Assembly; that all persons qualified to vote for members of the General Assembly are constituted legal voters at said election. When election shall be held. Regulations of election. Sec. III. Notice of said election shall be advertised at least once a week for four weeks previous to the day appointed for holding said election, in a newspaper published in said county, and also posting the same at each precinct in said county. Notice of election. Sec. IV. Those who favor the prohibition of spirituous or intoxicating liquors, as indicated in the first section of this Act, shall have written or printed on their ballots, For Restriction, and those who oppose restriction shall have written or printed on their ballots, Against Restriction. Ballots. Sec. V. The managers of said election shall keep, or cause to be kept, a list of voters and tally sheet, and shall sign and certify the same, and shall deliver the same to the Ordinary of said county on the day of said election, or so soon thereafter as practicable, who shall carefully correct and consolidate the said returns, and in the event the result of the vote is in favor of restriction, said Ordinary shall certify the same officially, and publish said result in the public gazette of said county once a week for three weeks. If the result is against restriction the publication shall be for one week List of voters to be kept. Result of election. Sec. VI. When, in the event said vote is in favor of restriction, the certificate and publication shall be made as hereinbefore provided for, it shall not be lawful, after the date of said proclamation, for any person to sell or barter, or in any way dispose of for valuable consideration, any ardent, spirituous, or intoxicating liquors in said county of Macon, in any quantity whatever, except for medicinal, mechanical, or sacramental purposes; Provided , that the vested rights of parties holding license shall protect them from the operations of this section for the period for which their license is granted. If election results in favor of prohibition, sale of liquor shall be unlawful. Proviso. Sec. VII. The provisions of this Act shall not be construed to apply to domestic wines sold, or offered for sale, by the producer. Act does not apply to domestic wine. Sec. VIII. Any person violating the preceding sections of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. Sec. IX. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 30th, 1881.

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TITLE VII. ROADS AND BRIDGES. ACTS. Work by chain-gang on the roads of Fulton county. Local road laws of Bryan county repealed. Floyd county exempted from operation of section 671 of the Code of 1873. Floyd county exempted from operation of Act of September 29th, 1879. Road work of DeKalb county. Bridge across Savannah and Ogeechee canal. Contracts for public work in Polk county, how let. WORK BY CHAIN-GANG ON ROADS IN FULTON COUNTY. No. 189. An Act to amend the Acts approved February 27th, 1877, and October 13th, 1879, in reference to the road laws of Fulton county, by striking from said Act one mile, and inserting one-half mile, so that hereafter the chain-gang of Fulton county cannot be worked within one-half mile of the center of the city of Atlanta. Section I. The General Assembly of the State of Georgia do enact , That so much of the Acts of February 27th, 1877 and October 13th, 1879, in reference to the road laws of Fulton county, as provided that the chain-gang of Fulton county shall not be worked within one mile of the center of the city of Atlanta, be amended by striking out one mile and inserting one-half mile, so that hereafter the county chain-gang may not be worked within one-half mile of the center of said city. Acts of February 27th, 1877, and October 13th, 1879, so amended that county chain-gang may not be worked within one-half mile of center of Atlanta. Sec. II. That all laws and parts of laws in conflict with the above Act are hereby repealed. Approved September 13th, 1881.

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LOCAL ROAD LAWS OF BRYAN COUNTY REPEALED. No. 221. An Act to repeal the local road law of Bryan county, which was enacted in 1873, and to substitute therefor the general road law of the State, as contained in the Code of 1873. Section I. Be it enacted by the General Assembly of the State of Georgia , That the local road law of Bryan county, which was enacted in 1873, to-wit: 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, approved February 21st, 1873, be, and the same is hereby, repealed, and the general road law of this State, as contained in the Code of 1873, and the road laws amendatory thereof, is substituted in lieu thereof. Local law repealed, and general State law substituted therefor. Sec. II. And be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved Sepember 16th, 1881. FLOYD COUNTY EXEMPT FROM OPERATION OF SECTION 671 OF THE CODE OF 1873. No. 339. An Act to exempt Floyd county from the provisions of section 671 of the Revised Code of Georgia of 1873, which section requires contractors for a public bridge, ferry, turnpike or causeway, to give a bond to keep same in repair for seven years. Section I. Be it enacted by the General Assembly of the State of Georgia , That the county of Floyd, in said State, is hereby exempt from the provisions of section 671 of the Revised Code of Georgia of 1873, which section requires contractors for a public bridge, ferry, turnpike or causeway, to give a bond to keep same in repair for seven years, and the said section, so far as said county of Floyd is concerned, is hereby repealed. Floyd county exempted from operation of section 671 of the Code as to contracts for public bridges, etc. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28th, 1881.

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FLOYD COUNTY EXEMPTED FROM OPERATION OF ACT OF SEPTEMBER 29TH 1879. No. 343. An Act to amend an Act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties in this State, and for other purposes, approved September 28th, 1879, so as to exempt Floyd county from the provisions of said Act. Whereas, owing to the number of streams in the county of Floyd, their liability to overflow and damage the public bridges, and the consequent delay to the travelling public, and, WHEREAS, the cost of building any public work is greatly increased by the bond required in the Act hereinafter referred to, therefore: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the county of Floyd is exempt from the provisions of an Act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works, in the several counties in the State, and for other purposes, approved September 29th, 1879, and the said Act, so far as the said county of Floyd is concerned, is hereby repealed, Floyd county exempted from the Act of September 29th, 1879. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28th, 1881. ROAD WORK OF DeKALB COUNTY. No. 418. An Act to repeal an Act entitled, An Act to alter and amend the road laws of this State so far as relates to the county of DeKalb, and to provide for the working of the public roads of said county by convict labor, and to authorize the Ordinary of said county to levy and collect a tax for said purpose, approved on the 25th day of September, 1879. 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, and the same is hereby, repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Act of Sept. 25th, 1879, as to road work of DeKalb county repealed. Approved September 29th, 1881.

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A BRIDGE ACROSS THE SAVANNAH AND OGEECHEE CANAL. No. 442. An Act to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechee canal, below the lower lock in the city of Savannah, so as to connect the property of the Central Cotton Press Company with the adjacent property of the Central Railroad and Banking Company of Georgia, and for other purposes. Whereas, the Central Cotton Press Company of Savannah, Georgia, was duly incorporated for the purpose of carrying on the business of storing and compressing cotton and the wharfage business, which said business and the docks and wharves in Savannah are regulated by the statutes of Georgia as matters of public concern; and, WHEREAS, the said Central Cotton Press Company is located in the city of Savannah, on the Savannah river, and east of the Savannah and Ogeechee canal, and near and adjacent to the property, wharves and tracks of the Central Railroad and Banking Company of Georgia, and the Ocean Steamship Company, and from its said location can at present reach the latter only by indirect land or water carriage, involving delay, difficulty and expense; and, WHEREAS, it tends to promote the commercial growth and prosperity of the city of Savannah and the State, and is a matter of public concern to extend to the producers of cotton every facility for the safe, speedy and cheap transportation of the same, and the compressing and preparation for shipment and delivery on ship-board of said produce; and, WHEREAS, the connection of the wharves and works of said Central Cotton Press Company with the tracks and the shipping facilities of the said Central Railroad and Ocean Steamship Companies will be in effect the passing of a great public work to and across said canal: Preamble. Section I. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by the same , That the said the Central Cotton Press Company of Savannah be, and is hereby, fully authorized and empowered, at its own expense, and with the consent of the Central Railroad and Banking Company of Georgia, or other owners of property on the west side of said canal, to construct and maintain a sufficient and proper draw-bridge, which shall not obstruct the said canal or impede the free navigation and use of the same, over and across the said Savannah and Ogeechee canal, near the outlet and below the lower lock in the city of Savannah, and to lay and construct a track or tracks over and upon said bridge, so as to connect by means of such tracks with the tracks, wharves and property of the said Central Railroad and the

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Ocean Steamship Company on the west side of said canal, and to carry and transport cotton or other product and freight over said bridge by means of said tracks. The Central Cotton Press Company authorized to construct a bridge over said canal. Sec. II. That before the construction of said bridge and the laying of any track thereon, just and adequate compensation shall be first paid by said Central Cotton Press Company to said Savannah and Ogeechee Canal Company for any property of said canal which it may be necessary to take or damage for said purpose. That said compensation shall be ascertained by three disinterested freeholders of Chatham county, if said companies cannot agree upon the same, one to be selected by said Central Cotton Press Company, one by said Canal Company, and a third by mutual consent of said companies, or by the Judge of the Superior Court, or the Ordinary of Chatham county, and a majority of whom shall assess the injury or damage, if any, and make a written report in fifteen days after their appointment' and the amount so awarded shall be paid or tendered before the beginning of said work. Should either party so appointed refuse, fail or be unable to act within fifteen days from the date of their appointment, respectively, then a new party or parties may be appointed as aforesaid. Damage to the said canal company; how assessed and paid. Sec. III. Should either the said Canal Company or the said Central Cotton Press Company be dissatisfied with said award, the party so dissatisfied may appeal to the next Superior Court of Chatham county, under any law regulating appeals, and the question at issue shall be submitted to a jury at the first term of said court. In the event of any appeal, as aforesaid, the said Central Cotton Press Company may, at its option, deposit with the Clerk of said Superior Court, subject to the order of said Canal Company, the amount awarded by said freeholders, and said Central Cotton Press Company, upon making said deposit, may proceed to construct said bridge and tracks, and may use the same pending said appeal. The amount finally awarded shall be paid to said Canal Company, and shall constitute a lien upon all the property of said Central Cotton Press Company, to be enforced like other liens. Party dissatisfied with assessment may appeal to the Superior Court. Sec. IV. That said draw-bridge shall be opened by the Central Cotton Press Company, and remain open for the passage of vessels, flats, boats, rafts, crafts or floating things of any kind, whenever occasion may exist, so that there shall be no unnecessary delay in passage. The said Central Cotton Press Company to be liable for any injury or damage caused by the negligent construction or use of said bridge or track, to be recovered by suit in any court having jurisdiction thereof. Cotton Press Company liable for damage or injury occasioned by negligent construction or use of bridge. Sec. V. That the said draw-bridge shall be erected so as to be at least seven feet higher upon the under side than average high water mark in the Savannah river. Height of bridge.

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Sec. VI. That should the said Savannah and Ogeechee Canal Company, at any time hereafter, enlarge, change, or alter said canal, the said bridge shall not interfere with the said enlargement, change, or alteration, but the said draw-bridge shall be so modified by the said Central Cotton Press Company as to conform with such enlargement, change or alteration, and to the business of the canal. Canal may be enlarged notwithstanding bridge. Sec. VII. It shall be the duty of said Central Cotton Press Company, as soon as said bridge and track shall be completed, to receive and transport over the same, at reasonable rates of toll therefore all merchandise or produce offered for transportation over said route. Transportation over said bridge. Sec. VIII. That all the provisions of this Act shall extend to the successors or assigns of said Central Cotton Press Company, and of said Savannah and Ogeechee Canal Company. This Act extends to successors. Sec. IX. All conflicting Acts and parts of Acts are hereby repealed. Approved September 29th, 1881. CONTRACTS FOR PUBLIC WORK IN POLK COUNTYHOW LET. No. 452. An Act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the county of Polk, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the officer or court having charge of the public buildings, bridges, causeways or other public works in Polk county, shall have authority upon the recommendation of a grand jury of said county to dispense with the bond requiring contractors to keep bridges in repair for seven or more years. Bond of contractors to keep bridges in repair in Polk county. Sec. II. Be it further enacted , That said officer or court shall have authority, upon the recommendation of a grand jury of said county, to let out the building or repairing of any public building, bridges, causeway or other public works of said county by private contract, upon such terms as may be agreed upon by such officer or court and contractor, and shall also have authority to employ mechanics and workmen, purchase material, and have any public building, bridge or causeway built or repaired under his directions and control; Provided , That if such works are under the charge and control of an Ordinary or County Judge, the grand jury shall

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appoint two competent persons, citizens of the county, each of whom shall have equal power with said Judge or Ordinary in the performance of said duties, and shall have such compensation for their services as said grand jury may determine. Contracts for public work in Polk countyhow and by whom let. Sec. III. Be it further enacted , That, notwithstanding this Act, the officer or court having charge of the public works of said county may, if he think it to the best interest of the county, have any public buildings, bridges, causeways or other public works built or repaired in accordance with the provisions of the general laws of this State upon this subject. General law of the State. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 30th, 1881.

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TITLE VIII. FENCES AND STOCK. ACTS. To prevent stock from running at large in Putnam county. Fence laws for certain districts of Screven county. To prevent stock from running at large in Monroe county. TO PREVENT STOCK FROM RUNNING AT LARGE IN PUTNAM COUNTY. No. 349. An Act to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the lands of another, in Putnam county; to define the liabilities of said owners, and the rights of persons damaged by said stock running at large. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first day of March, 1882, it shall be unlawful for the owner of any horse, mule, cow, sheep, goat, hog or stock of any other description, to allow the same to run at large upon the lands of another in Putnam county. After March, 1882, it shall be unlawful for owners of live stock to allow it to run at large. Sec. II. If any of the animals named in the foregoing section shall commit any trespass or damage to the crops of another, or shall be found running at large on the premises of another, whether such crops or premises are inclosed, or uninclosed, the owner of said stock shall be liable to the person damaged, in twice the amount of actual damage sustained by him; and the party injured or the owner of said premises, his tenant, or lessee, may impound said stock until such damages, and all cost and expenses, or if no damages, the cost and expense of taking up and impounding same, may have been paid by the owner thereof. Liability of owners of stock for trespass. Stock may be impounded. Sec. III. In case any such animals shall be impounded, under the provisions of the foregoing section, the party so impounding

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shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, as hereinafter provided. It shall also be his duty, within twenty-four hours after said stock have been taken up, or impounded, to give notice of the same to the owner. If the owner is not known, or cannot be ascertained within three days after impounding said stock, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be so disposed of, after payment of the legal cost, the balance shall be applied first to damages and expenses incurred by the injured party, or the person so impounding. Care of impounded stock. Owner must be notified of impounding. Disposal of impounded stock. Sec. IV. In case of disagreement between the party claimed to be damaged, or the taker-up of said stock, as to the amount of damages sustained on account of the alleged trespass, or the expenses of feed and attention, the party claiming said damages, or expenses, may make complaint to the County Court, or the Justice of the Peace of the district in which the owner of said stock resides; or, if no Justice in said district, to the Justice of an adjoining district, setting forth the amount claimed, whereupon said courts shall issue process as in other suits, returnable within five days from the date thereof, requiring the owner or claimant of said stock to appear at a time and place therein named, which process shall be served as other processes, at least three days before the time of hearing, when said courts shall hear evidence and give judgment against the owner or claimant, for twice the amount of actual damage proven, and for the care and feeding of said stock and all legal costs, which judgment shall be enforced by execution, levy and sale, as other judgments in said courts; Provided, nevertheless , that a special lien upon the trespassing animals for the payment of such judgment shall attach from the date of the trespass, superior to all other liens, except taxes, and other public dues, and superior to all exemptions of homestead or personalty, provided, further , that the right of appeal and certiorari shall lie from said judgment under the same rules as govern said rights in other cases in said court. Contest between owner of stock and person taking uphow determined. Proviso. Sec. V. In cases of litigation, as contemplated by preceding sections, the owner of said stock may replevy the same by giving bond with good security, conditioned to pay plaintiff all damages and costs which may be recovered against him in said suit. Replevy of stock. Sec. VI. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28th, 1881.

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FENCE LAWS FOR CERTAIN DISTRICTS OF SCREVEN COUNTY. No. 420. An Act to extend and make applicable the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia of 1873, to 37th, 38th and 260th districts, Georgia militia, of the county of Screven, and State of Georgia, and for other purposes. 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 first day of June, in the year 1882, the provisions of law in reference to fences and enclosures as contained and expressed in sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia of 1873 be, and the same are hereby, extended and made applicable to 37th, 38th and 260th districts, Georgia militia, of the county of Screven, and State of Georgia; Provided, nevertheless , that the provisions of this Act shall not be operative until the Road Commissioners of said militia districts shall severally cause good and sufficient gates (with good and sufficient hitching posts on both sides of said gates,) to be placed across all public roads at the points where said public roads cross Bryer creek in their several districts, so as to prevent stock of all kinds from passing over said Bryer creek on the bridges that are on said public roads, and it shall be the duty of said Road Commissioners to forever hereafter cause said gates and hitching posts to be kept in fit and proper order for the purposes herein intended. Sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code made applicable to 37th, 38th and 260th Districts, G. M., of Screven county. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TO PREVENT STOCK FROM RUNNING AT LARGE IN MONROE COUNTY. No. 426. An Act to protect the farming interests of Monroe county, in this State, by making parties who permit animals to run at large, liable in damages for any trespass which such animals may commit, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first of April, 1882, it shall not be lawful for any person owning or in charge of any horse, mule, cow, hog or other animal or animals, to permit the same to run at large in the county of Monroe, in this State, beyond the limits of the land of its owner or manager; and any person owning or having in charge any of the animals above enumerated, who shall permit the same to run at large in said county, shall be liable in three times the damages which such animal or animals may commit upon the premises of another, whether such premises be inclosed or uninclosed, to be recovered as hereinafter provided. Owners of stock who permit it to run at large liable for trespass. Sec. II. Be it further enacted , That if any animal or animals enumerated in the foregoing section, shall commit any trespass or shall be going at large in said county upon the premises of any other person than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals, and retain them until the owner thereof shall make full satisfaction or reparation in three times the damages committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided. Trespassing animals may be impounded and retained until satisfaction is given. Sec. III. Be it further enacted , That in case any animal shall be impounded under the provisions of this Act, it shall be the duty of the person impounding, to give to said animal all necessary feed, care and attention, and it shall be his duty to give the owner or person in charge of such animal, if known, notice of the fact of such impounding in twenty-four hours, and the amount of damages committed and the costs and expenses of impounding, feeding and keeping the same, and in the event the parties shall fail to agree upon the amount to be paid by the owner of such animal, or such owner shall fail or refuse to pay the same, then the owner of such animal or animals may relieve them from the pound by giving to the party damaged a good and sufficient bond in double the amount of the damages claimed for the forthcoming of such animals, to answer any judgment that may be obtained against him in any suit to be commenced within one year from the date of such bond; if the parties shall fail to agree upon the

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amount of damages and expenses sustained, or the owner of such animals shall fail to replevy them, as above provided, then the party may within forty-eight hours make complaint to the Justice in the district in which the damages were committed, and if there is no Justice in said district, then to the most convenient Justice in any district. setting forth the amount claimed; whereupon, such Justice shall issue a summons as in other suits, returnable within five days from the date thereof, requiring the owner or claimant of such animal to appear at a time and place named, and which shall be served as other summons at least three days before the time of hearing, when such Justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of impounding, care and feed of such animal or animals, which shall be enforced by execution, levy and sale as other judgments of such Justice. Care of impounded stock. Notice to owner. Disagreement between owner and person impoundinghow determined. Sec. IV. Be it further enacted , That if the person impounding such animals shall not know, or shall not ascertain the owner thereof within three days from the time of impounding the same, they shall be disposed of as provided by law in cases of estrays, except that in the case any such animal or animals shall be sold under the provisions of the estray law, the proceeds of such sale, after the payment of cost, shall be applied, first to the payment of damages sustained by the aggrieved party, including reasonable compensation for the impounding, feed, care and attention to such animal or animals. When owner cannot be notified, stock may be disposed of. Sec. V. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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TITLE IX. MISCELLANEOUS, ACTS. Payment of insolvent costs in Richmond county. Removal of the Reformed Medical College. Compensation for Solicitor-General of the Western Circuit for services in Clarke county. Payment of debt of Clarke county. Burning woods of another in Clinch county. Regulating sale of farm products in Bibb county. To define the limits of Militia Districts in Chatham county. To establish boundaries of certain land in Clinch county. Law for registration of voters in Camden county repealed. Issue of new bonds of Clarke county. Grand juries for Hall county. Payment of insolvent costs in Hancock county. PAYMENT OF INSOLVENT COSTS IN RICHMOND COUNTY. No. 20. An Act to repeal an Act entitled, An Act to repeal an Act entitled an Act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February 15th, 1873, in so far as said Act applies to the county of Richmond, approved August 26th, 1879. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act approved August 26th, 1879, and entitled, An Act to repeal an Act entitled an Act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February 15th, 1873, in so far as said Act applies to the county of Richmond, be, and the same is hereby, repealed. Act of Feb. 15th, 1873, repealed so far as it affects Richmond county. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 6th, 1880.

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REMOVAL OF REFORMED MEDICAL COLLEGE. No. 46. An Act to allow the Trustees of the Reformed Medical College of Georgia to remove said college from Macon, Georgia, to Atlanta, Georgia. 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 the Board of Trustees of the Reformed Medical College, located in the city of Macon, be, and are hereby, authorized and empowered, or a majority of them, to remove and establish said college to and in the city of Atlanta, whenever in their opinion or judgment it shall appear to said board expedient, or for the interest of said school of medicine. Reformed Medical College may be removed from Macon to Atlanta. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved July 15th, 1881. COMPENSATION FOR SOLICITOR-GENERAL OF THE WESTERN CIRCUIT FOR SERVICES IN CLARKE COUNTY. No. 60. An Act to provide compensation for the Solicitor-General of the Western Circuit for services in criminal cases in the county of Clarke. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this Act, the insolvent costs of the Solicitor-General of the Western Circuit accruing in criminal cases in the county of Clarke, shall be paid out of the county treasury of said county upon orders drawn thereon at each term of the Superior Court of said county, by the Judge presiding in said court; Provided , that the Solicitor-General shall be entitled to orders on the county treasury to the amount of two hundred dollars each year, if his approved insolvent lists shall amount to so much, but in no event shall the orders exceed said sum for any one year. Insolvent costs of Solicitor-General in Clarke county to be paid from county Treasury. Proviso. Sec. II. Be it further enacted, etc ., That whatever amount of insolvent costs shall still be due the Solicitor-General in said

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county, after deducting the orders hereinbefore provided for, shall remain chargeable upon any funds that may arise from fines and forfeitures as now provided by law. Additional costs. Sec. III. Be it further enacted, etc ., That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved August 3rd, 1881. PAYMENT OF DEBT OF CLARKE COUNTY. No. 85. An Act to provide for the payment of the debt of Clarke county and to meet the annual current expenses of said county. Whereas, in consequence of the large bonded indebtedness o Clarke county, the interest on which is payable semi annually, the Ordinary of said county (who has jurisdiction of the county business of said county) has not by law the authority, upon the recommendation of the grand jury of said county, or otherwise, to raise by taxation annually such sums of money as is or may be necessary to meet the annnal current expenses of said county, and to pay the annually accruing interest on the debt of said county, and such part of the principal of said debt as the law requires or authorizes: Preamble. Section I. Be it therefore enacted by the General Assembly of Georgia , That the Ordinary of said county, upon the recommendation of the grand jury of said county at the first Superior Court that may be held in and for said county annually, for the next fifteen years, be, and he is hereby, authorized to levy and cause to be collected such a per cent. on the State tax of said county for each said years (not exceeding two hundred per cent.) as in his judgment will raise an amount sufficient to meet the current lawful expenses of said county for the year; such levy shall be made and to pay the interest on the debt of said county, past due or to become due during said year, and such part of the principal of said debt as the law requires or authorizes to be paid during said year. Ordinary on recommendation of Grand Jury may impose such tax as will provide for county debt. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 12th, 1881.

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BURNING WOODS OF ANOTHER IN CLINCH COUNTY. No. 119. An Act to make it a misdemeanor for any person to set fire to the woods of another in the county of Clinch when the same is protected by natural or artificial boundaries, and the owner does not desire the same burned; to provide a punishment therefor, and for other purposes. 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 a misdemeanor for any person to set fire to the woods of another in the county of Clinch, where the same is protected by natural or artificial boundaries, and the owner does not desire the same burned, and, on conviction therefor, such person shall be punished as prescribed in section 4310 of the Code of 1873. Setting fire to woods of another against his consent, when woods are enclosed, a misdemeanor. Penalty. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 30th, 1881. REGULATING SALE OF FARM PRODUCTS IN BIBB COUNTY. No. 137. An Act to prohibit the buying, selling, delivering or receiving of any farm products, therein specified, between sunset and sunrise in the county of Bibb, without the limits of the city of Macon, and to prescribe the punishment therefor, and for other purposes. Section I. Be it enacted by the State of Georgia in General Assembly met , That, from and after the passage of this Act, it shall not be lawful for any person or persons to buy, sell, deliver or receive any products, such as cotton, corn, wheat, peas, oats, rye or barley, between sunset and sunrise in the county of Bibb, without the limits of the city of Macon. Sale of farm product between sunset and sunrise, prohibited. Sec. II. Be it further enacted , That any person or persons violating any of the provisions of the first section of this Act, shall be liable to be indicted for a misdemeanor, and, on conviction, shall be fined in a sum not exceeding one hundred dollars, or

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imprisonment in the common jail of the county not exceeding thirty days, or both at the discretion of the court. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with the provisions of the foregoing Act be, and the same are hereby, repealed. Repealing clause. Approved September 8th, 1881. TO DEFINE THE LIMITS OF MILITIA DISTRICTS IN CHATHAM COUNTY. No. 148. An Act to define and declare and make plain the bounds and limits of the militia districts in Chatham county which lie outside of the city of Savannah. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, the militia districts in Chatham county outside of the limits of the city of Savannah, shall be as follows: All the territory in Chatham county, east of the Savannah, Seaboard and Skidaway Railroad, including the islands, and not within the limits of the city of Savannah, shall be the fifth militia district. All the territory in Chatham county between the Savannah, Seaboard and Skidaway Railroad, and the Savannah, Florida and Western Railway, not within the limits of the city of Savannah, shall be the sixth militia district. All the territory in Chatham county between the Savannah, Florida, and Western Railway and the Savannah and Ogeechee Canal, not within the limits of the city of Savannah, shall be the seventh militia district. All the territory in Chatham county between the Savannah and Ogeechee Canal and the Savannah river, not within the limits of the city of Savannah, shall be the eighth militia district. The boundaries of the said district adjacent the city shall be the corporate limits of the city of Savannah; Provided , that nothing contained in this Act shall be construed to effect the jurisdiction of any Justice of the Peace in said county of any cause already commenced and now pending before him. Limits of Districts outside of Savannah. defined. Fifth Militia District. Sixth Militia District. Seventh Militia District. Eighth Militia District. Proviso. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this Act be, and the same are hereby, repealed. Approved September 12th, 1881.

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TO ESTABLISH BOUNDARIES OF CERTAIN LAND IN CLINCH COUNTY. No. 178. An Act to prescribe the mode and manner of having the lines and corners established around certain lots of land in Clinch county, where the same have been granted by the State, but no lines or corners were ever run and established by the State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That all owners of lands in Clinch county which have been granted by the State, but where no lines or corners were ever actually run and established by the State, shall have the right to have said lines and corners run and established around their respective lots, in accordance with the rules and regulations governing surveys under the present law of processioning, so far as the same can be made applicable, and the lines and corners so established shall be deemed as prima facie correct; Provided , that the said lines and corners shall be run and established as originally platted by the State. How lines and corners of lands granted by the State, the lines and corners of which are not now settled, may be established. Proviso. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881. LAW FOR REGISTRATION OF VOTERS IN CAMDEN COUNTY REPEALED. No. 180. An Act to repeal all the laws concerning the registration of voters in Camden county. Section. I. The General Assembly of the State of Georgia do enact , That An Act to authorize and require the registration of all voters in the county of Camden, in this State, and for other purposes herein mentioned, approved February 26th, 1877, and the Act amendatory thereof, approved October 17th, 1879, be, and the same are hereby, repealed. Law for registration of voters in Camden county, repealed. Sec. II. And be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 13th, 1881.

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ISSUE OF NEW BONDS OF CLARKE COUNTY. No. 230. An Act to provide for issuing new bonds of the county of Clarke to take up the outstanding indebtedness of the county. Section I. Be it enacted by the General Assembly of the State of Georgia , That Robert Thomas, Asalph K. Childs, Edward R. Hodgson, James White and Rufus L. Moss are hereby constituted commissioners, whose duty it shall be to take charge of the issue of the bonds hereinafter provided for, and the sale or exchange of the same. Commissioners for issue of bonds. Sec. II. Be it further enacted by the authority aforesaid , That the said commissioners shall cause to be printed bonds of the denomination of five hundred dollars each, bearing interest not to exceed six per cent. per annum, and payable semi-annually, and the bonds due twenty years after date, with the option in the county of Clarke to call any or all of them in and pay them off at any time after the expiration of five years from their date. The total amount so issued shall not exceed the sum of the present bonded debt of said county. The bonds shall have coupons attached, representing the semi-annual instalments of interest, and the bonds shall be signed by the Ordinary, and the coupons by the County Treasurer. Denomination of bonds. Interest. When payable. Total amount of bonds. Coupons. Sec. III. Be it further enacted by the authority aforesaid , That these bonds shall be free from all county taxes, and this shall be expressed in the face of each by printing therein in the body of the bond this section of this Act. Bonds exempt from taxation. Sec. IV. Be it further enacted by the authority aforesaid , That the said commissioners shall, as soon as they can have these bonds printed and signed, cause them to be exchanged at par, dollar for dollar, for any of the present outstanding bonds of the county, whether the same be past due or due, or nor yet due, and they shall cause the said bonds herein provided for to be placed upon the market for sale at the same time, so that they may from the proceeds pay off any of the bonds now outstanding, whose holders shall decline to receive the new bonds in exchange. And the said commissioners may call in any or all of the present bonds as fast as they have funds in hand, arising from the sale of new bonds, to pay the same. A majority of the commissioners herein appointed shall have power to act, and in case of a vacancy, the other members shall fill the same by the election of a successor. Bonds to be exchanged for outstanding bonds. Sale of bonds. Bonds may be called in before due. Majority of Commissioners may act. Sec. V. Be it further enacted by the authority aforesaid , That none of the bonds contemplated by this Act shall be sold or exchanged for less than their full value. The name of the Treasurer

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may be lithographed on the coupons, and that shall be a sufficient signing of the same by him, and the said Treasurer and the Ordinary shall each receive the sum of ten dollars in full satisfaction of all claims against the county for signing, issuing or paying out said bonds, or for commissions of any sort connected therewith. Must be sold for full value. Signing of bonds. Sec. VI. Be it further enacted by the authority aforesaid , That the commissioners shall cause these bonds so issued to be numbered and registered as fast as issued in a book to be kept in the office of the Ordinary, and as fast as any of the old bonds are taken up they shall be burnt by the commissioners. Numbering and registry of bonds. Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16th, 1881. GRAND JURIES FOR HALL COUNTY. No. 258. An Act to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this Act, there shall be drawn but one grand jury for each term of Hall Superior Court, whose duty it shall be to serve during the term for which they are drawn, without reference to the number of weeks such term may continue. But one Grand Jury to be drawn for each term of Hall Superior Court. Sec. II. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22nd, 1881.

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PAYMENT OF INSOLVENT COSTS IN HANCOCK COUNTY. No. 411. An Act to amend an Act entitled, An Act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes, so far as the same relates to the county of Hancock. Section I. Be it enacted by the General Assembly of Georgia , That the above recited Act be, and the same is hereby, amended, so far as the same applies to the county of Hancock, by inserting in the fourth line thereof, between the words Solicitor-General, and an, the words Sheriff and Clerk of the Superior Court; Provided , the fund of fines and forfeitures divided pro rata amongst said officers is insufficient to pay the accounts of said officers for insolvent criminal costs so recommended to be paid. Insolvent costs of Hancock county to be paidhow. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29th, 1881.

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Part IV.Private Laws. TITLE I. ACTS. For the relief of the securities of J. A. Cameron. For payment of State bond to administrator of Noah B. Knapp. To refund purchase money of lot 124 in fifth district and third section of Bartow county. Payment to H. P. Hammett of money reeeived from sale of his wild lands. For the relief of the estate of John Caldwell, deceased. Privileges granted to R. C. Mitchell Co. Relief of securities of H. H. Rouse, late Tax Collector of Worth county. For relief of J. W. Howard, D. M. Morris and W. H. Tice, of Columbus. Bibb Loan and Building Association relieved from certain taxes. Relief of Ocmulgee Building and Loan Association. Relief of Home Building and Loan Association of Bibb county. Relief of Mechanics' Building and Loan Association of Bibb county. Relief of City Building and Loan Association of Bibb county: Adjustment of claims of Howard Van Epps, Solicitor City Court of Atlanta, for insolvent costs. For relief of E. Polk. Reward for arrest of C. F. Kelly to be paid to B. F. Culp and J. B. Burch. Prohibiting fishing in waters on lands of D. Clayton, J. B. Jones and E. Outlaw. Relief of bondsmen of Stonewall Rifles. FOR THE RELIEF OF THE SECURITIES OF J. A. CAMERON. No. 17. An Act to relieve C. D. Leonard, J. N. Leonard and E. A. Leonard, as securities from further liability on a judgment in favor of Alfred H. Colquitt, Governor, etc., obtained at the September adjourned term, 1879, of Putnam Superior Court, for the sum of six thousand dollars, founded upon the forfeiture of a recognizance of J. A. Cameron, principal, and said securities, for the appearance of said Cameron at said court to answer the charge of burglary in the night, and for other purposes. Whereas, At the September adjourned term, 1879, of Putnam perior Court, judgment was obtained in favor of Alfred H. olquitt, Governor, etc., against C. D. Leonard, J. N. Leonard

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and E. A. Leonard, as securities on the appearance bond of J. A. Cameron, charged with burglary in the night, for the sum of six thousand dollars, of which said sum said securities have paid the sum of three thousand and two and 33-100 dollars, said bond having been forfeited by reason of the nonappearance of said principal, according to its terms; and, WHEREAS, since said forfeiture and payment said securities have captured said principal and delivered him to the Sheriff of said county; and, WHEREAS, at the September term, 1880, of said court, said principal was prosecuted under said charge to final conviction, and is now in the penitentiary of this State, under sentence passed in consequence of said conviction; therefore, Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That said C. D. Leonard, J. N. Leonard and E. A. Leonard, securities as aforesaid be, and are hereby, relieved and discharged from all further liability whatever on said judgment. C. D. Leonard, J. N. Leonard and E. A. Leonard relieved from liability on the bond of J. A. Cameron Sec. II. All laws in conflict with this Act are hereby repealed. Approved December 6th, 1880. FOR PAYMENT OF A STATE BOND TO ADMINISTRATOR OF NOAH B. KNAPP. No. 104. An Act to provide for the payment of a bond of the State of Georgia for $1,000.00, dated January 1st, 1843, and signed by Charles J. McDonald, Governor, with coupons attached, for in terest at 6 per cent. per annum, and a bond of said State for $500.00, dated July 1st, 1852, and signed by Howell Cobb, Governor, with coupons attached for interest at 6 per cent. per annum, to the administrator de bonis non of the estate of Noah BKnapp, lately of the county of Chatham, deceased. Section I. The Senate and House of Representatives of the State of Georgia do enact , That a sufficient sum of money be, and the same is hereby, appropriated to pay to W. S. Basinger, the administrator de bonis non of the estate of Noah B. Knapp, lately of Chatham county, deceased, a bond of the State of Georgia for one thousand ($1000.00) dollars, dated January 1st, 1843, signed by Charles J. McDonald, Governor, numbered 75, and due January 1st, 1873, and the unpaid coupons attached thereto, said coupons being for thirty ($30.00) dollars each, the semi-annual interest accruing on the said bond from July 1st, 1863, to January 1st, 1873, both inclusive; and also a bond of the said State of Georgia

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for five hundred ($500.00) dollars, dated July 1st, 1852, signed by Howell Cobb, Governor, numbered 241, and due on demand after July 1st, 1872, and the unpaid coupons attached thereto, said coupons being for fifteen ($15.00) dollars, each, the semi-annual interest accruing on said bond from July 1st, 1863, to July 1st, 1870, both inclusive; the said bonds and coupons being the property of the said estate of Noah B. Knapp, deceased. Appropriating a sum of money to pay a bond of the State issued in 1843, to the Adm'r., de bonis non, of Noah B. Knapp, deceased. Approved August 24th, 1881. TO REFUND PURCHASE MONEY OF LOT 124 IN FIFTH DISTRICT AND THIRD SECTION OF BARTOW COUNTY. No. 108. An Act to refund to the purchasers, or those holding under them, money received by the State of Georgia, for lot of land number 124 in the fifth district of the third section of originally Cherokee, now Bartow county, sold at judicial sale as a fraudulent draw. Whereas, Said lot of land was drawn by Harriet Taff, an orphan of Houston county, and was afterwards condemned in Bartow Superior Court as fraudulent, and sold at judicial sale for the sum of one thousand dollars, five hundred dollars of which was paid to the authorities of the State by James Walker and Augustus R. Wright, or those under whom they hold; and, WHEREAS, said judgment of condemnation was afterwards held by the decisions of the Circuit Judge, and those of the Supreme Court, to have been procured by fraud, perjury and other illegal and wrongful acts; and, therefore, that said Harriet was justly entitled to the same: Preamble Section I. Be it therefore enacted by the General Assembly of the State of Georgia , That the sum of five hundred dollars be, and the same is hereby, appropriated to be refunded and paid to said James Walker and Augustus R. Wright, on account of said sum so paid into the treasury out of the proceeds of the sale of said lot of land, and in full settlement thereof. Money to be refunded by the State. Approved August 26th, 1881.

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PAYMENT TO H. P. HAMMETT OF MONEY RECEIVED FROM SALE OF HIS WILD LANDS. No. 111. An Act to authorize the Governor to draw his warrant on the Treasurer for the payment to Henry P. Hammett, of excess of $26.87 received on the sale of his wild lands. Whereas, By oversight of his agents, lots of land numbers three hundred and seventy-seven, (377) and three hundred and seventy-eight, (378) in the sixteenth (16) district of Decatur county, were not returned for taxes for the year 1874, and execution was issued therefor, and said lands were sold on the 7th of May, 1878, when Henry MacTyre, of Decatur county, became the purchaser of said lots; and, whereas, the said Henry P. Hammett afterwards, within the time required by law, redeemed said two lots by the payment to said MacTyre the amount he paid for the same, with interest, and received from him a deed to said lots; and, whereas, there was an excess of twenty-six 87-100 dollars ($26.87) over the taxes received by the Comptroler General of the State and deposited as required by law in his office, to be paid to the owner of said lands; and, whereas, it appears that said lands belong to said Henry P. Hammett: Preamble. Section I. Be it enacted by the General Assembly of Georgia , That the Governor of this State be authorized to draw his warrant on the Treasurer, payable to the order of Henry P. Hammett, for the sum of twenty-six dollars and eighty-seven cents, ($26.87.) Governor authorized to have paid to H. P. Hammett excess from sale of his wild lands. Approved August 29th, 1881. FOR THE RELIEF OF THE ESTATE OF JOHN CALDWELL, DECEASED. No. 130. An Act for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of one hundred and six dollars, which was paid to the State of Georgia by said John Caldwell in his lifetime for certain land which he had purchased from said State, and from which he was afterwards evicted. Whereas, John Caldwell, late of the county of Fulton, deceased, did in his life-time, to wit: In the year 185- purchase of

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General Andrew J. Hansell, who was acting as agent and attorney for the State of Georgia, a lot of land in the 27th district of the third section of then Walker (since Whitfield) county, for the sum of one hundred and six dollars, which sum of money was then paid by said Caldwell to General Hansell, and by said Hansell paid into the treasury of the State of Georgia, and for which lot of land the State of Georgia, by its agent and attorney as aforesaid, executed to said Caldwell its proper deed of conveyance; and, whereas, after said sale and conveyance by the State of Georgia to said John Caldwell, of said lot of land, an action of ejectment was instituted in Whitfield Superior Court against the tenant of said Caldwell for the recovery of said lot of land by a party claiming the same under another title, and a recovery was had against said tenant for said lot of land, whereby the same was lost to said Caldwell, for remedy whereof, Preamble. Section I. The General Assembly enacts , That there shall be appropriated out of any moneys in the treasury of the State of Georgia, not otherwise appropriated, the sum of one hundred and six dollars to repay to the heirs, to-wit: Mary A. Caldwell, Margaret H. Culberson, Mary A, Carrington, Sarah A. Cook, Jas. M. Caldwell, John A. Caldwell, Robert H. Caldwell, Joseph Caldwell, and Frank Caldwell, of the estate of said John Caldwell, deceased, the sum so paid by said Caldwell to the State of Georgia for said lot of land, and it shall be the duty of the Governor to draw his warrant on the Treasurer for the same; Provided , that said sum of one hundred and six dollars shall be accepted by said heirs above named in full settlement and discharge of all their claims against the State arising out of this transaction. $106 appropriated to the heirs of John Caldwell, deceased. For money paid by said Caldwell to the State for lot of land in 27th District and 3rd Section of Whitfield county. Sec. II. Be it further enacted , That all laws and parts of laws militating against the same be, and the same are hereby, repealed. Approved August 31st, 1881. PRIVILEGES GRANTED R. C. MITCHELL CO. No. 170. An Act to amend an Act entitled, An Act to grant to R. C. Mitchell Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That said entitled Act, approved February 25th, 1876, be amended by striking the word when, in the seventh line of section I, and substituting therefor the word where; and by striking the word signed, in the eighth line of said section, and substituting

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therefor the word required.; and by striking the word rights, in the sixth line of section 2, and substituting therefor the word duties; and by striking the words except by him entered, in the seventh line of said section 2; and by transposing the words as may be required by him to keep said record, at the end of section 2, and placing them between the words books and out, in the eighth line of said section 2, so that said Act, as amended, shall read as follows: Section 1. Be it enacted, etc., That, from and after the passage of this Act, R. C. Mitchell, F. D. Rice, and Jas. D. Collins, composing the firm of R. C. Mitchell Co., and their successors and assigns, shall have the privilege of making and taking an abstract of the records of deeds and mortgages in the Clerk's office of the Superior Court of said county, or in such other office of said county where said deeds or mortgages are, or may hereafter be, required to be recorded. R. C.Mitchell Co., given privillege of abstracting records o Fulton county. Sec. II. Be it further enacted , That said firm of R. C. Mitchell Co., and their successors and assigns, shall have permission to make such examinations and abstracts as may be necessary to complete the work now commenced by said firm; Provided, nevertheless , that nothing herein contained shall be construed to give them the right to interfere with the rights of the present or any future Clerk, or to remove or take any book or books, as may be required by him to keep said record, out of the Clerk's office or such other office. Right given to examine books. Proviso. Sec. III. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 13th, 1881. RELIEF OF SECURITIES OF H. H. ROUSE, LATE TAX COLLECTOR OF WORTH COUNTY. No. 188. An Act for the relief of James M. Rouse, Seaborn M. Hunt, John Fenn, Thomas J. Harris and John Odum, securities on the bond of H. H. Rouse, late Tax Collector of Worth county. Whereas, H. H. Rouse, late Tax Collector of the county of Worth, collected the State tax for said county during his term of office as said Tax Collector, and deposited the same in the bank of the Central Railroad and Banking Company at Albany, in this State, taking therefor a receipt from said bank; and, whereas, the said bank now claims that said receipt was given for too large a sum, and a dispute and litigation has been caused between the

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said bank and the said H. H. Rouse; and, whereas, the securities of the said Rouse have been prevented by said dispute and litigation from effecting a settlement between the said Rouse and the State for taxes due the State by the said Rouse; therefore, Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That James M. Rouse, Seaborn M. Hunt, John Fenn, Thomas J. Harris and John Odum, securities on the bond of said H. H. Rouse, Tax Collector of Worth county, be, and they are hereby, relieved from the penalty of twenty per cent. inflicted by section 910 of the Code of this State, upon defaulting Tax Collectors and their sureties in case of failure by Tax Collectors to settle their accounts with the Comptroller-General in the terms of the law; Provided , they shall pay, on or before the first day of November next, to the State or her agents, the principal, interest, attorney's fees and costs. Securities of H. H. Rouse relieved from penalty of 20 per cent. Proviso. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and same are hereby, repealed. Approved September 13th, 1881. FOR RELIEF OF J. W. HOWARD, D. M. MORRIS AND W. H. TICE, OF COLUMBUS. No. 212. An Act for the relief of Elder James W. Howard, and Deacons D. M. Morris and Wesley H. Tice, of the Second Baptist church, of the city of Columbus; to confirm their title to certain lands in block 13, in the survey of the city commons, and to enable them to sell the same and re-invest the same in church property to be held for the use of said church. Whereas, On the 8th day of April, A. D., 1880, B. H. Crawford, as President of the Board of Commons, of the city of Columbus, and M. M. Moore, as Secretary of said board, did make and execute a deed conveying unto Elder James W. Howard and Deacons Daniel M. Morris and Wesley H. Tice, and their successors in office, in trust for the use of the members of the Second Baptist church, of the city of Columbus, certain lands on the east common of the city of Columbus, described as follows, to-wit: All that lot of land commencing at the north-east corner of Franklin and Mercer streets, and running east along the north side of Franklin street one hundred and eight feet, more or less, to the depot grounds of the Western Railroad, thence north along said depot grounds two hundred and ten feet and eight inches, more or less, to the upper line

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or limit of said depot grounds, thence west to the line of Mercer street, thence south along the line of said street to the starting point, the same being on block thirteen in the survey of the commons; and, whereas, said deed contains certain conditions, among others, that said lot shall be used only for church purposes by said church, and, further, that the erection of the building shall be bona fide commenced within one year from the twelfth day of March, 1881; and, whereas, said, church congregation desire to erect said church building on a lot more convenient to their dwellings, but do not desire to lose the benefits derived under and by virtue of said deed: Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the aforesaid deed shall be surrendered to the Board of Commons of the city of Columbus, and that said board do forthwith offer for sale at public outcry, at the usual place of holding public sales in the city of Columbus, the lands hereinbefore described, and shall make good and sufficient titles in fee simple to the purchaser or purchasers thereof, and shall take the money received as the proceeds of said sale, and shall purchase a lot to be selected in said city, by said elder and deacons, or their successors, and shall take the title thereof to said Board of Commons of the city of Columbus. Land deeded to second Baptist church of Columbus, to be sold, and proceeds appropriated for the use of the church. Sec. II. Be it further enacted by the authority aforesaid , That when said lot shall be purchased as last aforesaid, the said Board of Commons of the city of Columbus shall make and execute to said elder and deacons of said Second Baptist church, and their successors, a deed to said lot so purchased, which said deed shall contain the same limitations and conditions as were expressed in the deed of April 8th, 1880, first aforesaid, except as to the time within which said church building was to be commenced, which shall begin to run from the date of the new deed. Deed to be made to land purchased, as provided in last section. Sec. III. Be it further enacted by the authority aforesaid , That should there remain any balance of money in the hands of said Board of Commons, arising from the sale of the first described land, after purchasing the lost selected as aforesaid by said elder and deacons aforesaid, they shall pay the same over to the said elder and deacons to be used in erecting said church building, and should the lot so selected cost more than the amount of the proceeds of said sale, then said elder and deacons shall furnish to said board a sufficient sum of money to make good said difference. Balance of money to be paid for use of said church. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, only so far as they conflict with this Act. Approved September 15th, 1881.

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BIBB LOAN AND BUILDING ASSOCIATION RELIEVED FROM CERTAIN TAXES. No. 260. An Act for the relief of the Bibb Loan and Building Association, of Bibb county, by the remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified. Whereas, The Tax Receiver of Bibb county has erroneously assessed, for certain years, against the Bibb Loan and Building Association, of Bibb county, a tax upon their supposed capital stock which had no existence in fact: Preamble. Section I. The General Assembly of Georgia do enact , That all taxes and penalties so assessed against said Association, for the years 1876, 1877, 1878 and 1879, be, and the same are hereby remitted; Provided , that the said Association shall first pay to the Tax Collector of said county the ad valorem tax required by law for said years on all property, if any, real, personal or choses in action, owned by said Association during said years, to be ascertained by the oath of their president or other officer. Taxes of Association for 1876, 1877, 1878, and 1879 remitted. Proviso. Sec. II. And be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22d, 1881. RELIEF OF OCMULGEE BUILDING AND LOAN ASSOCIATION. No. 261. An Act for the relief of the Ocmulgee Building and Loan Association, of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified. Whereas, The Ocmulgee Building and Loan Association of Bibb county did, prior to January, 1874, cease to do any business and suspended further operation; therefore, Preamble. Section I. The General Assembly of Georgia do enact , That all taxes and penalties assessed against said association by the Tax Receiver of Bibb county for the years 1874, 1875, 1876, 1877, 1878 and 1879 be, and the same are hereby, remitted; Provided , said association shall first pay to the Tax Collector of said county

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the ad valorem tax required by law for said years on all property, if any, real, personal, or choses in action, owned by said association during said years, to be ascertained by the oath of their president or other officer. Association relieved from taxes for 1874, 1875, 1876, 1877, 1878 and 1879. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 22d, 1881. RELIEF OF HOME BUILDING AND LOAN ASSOCIATION OF BIBB COUNTY. No. 262. An Act for the relief of the Home Building and Loan Association, of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified. Whereas, The Home Building and Loan Association, of Bibb county, ceased to do business and suspended further operations in April, 1875; therefore, Preamble. Section I. The General Assembly of Georgia do enact , That all taxes and penalties assessed against said association by the Tax Receiver of Bibb county for the years 1874, 1875, 1876, 1877, 1878 and 1879 be, and the same are hereby, remitted; Provided , said association shall first pay to the Tax Collector of said county the ad valorem tax required by law for said years on all property, if any, real, personal, or choses in action, owned by said association, during said years, to be ascertained from the oath of their president or other officer. Association relieved from taxes of 1874, 1875, 1876, 1877, 1878 and 1879. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22nd, 1881.

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RELIEF OF MECHANICS' BUILDING AND LOAN ASSOCIATION, OF BIBB COUNTY. No. 263. An Act for the relief of the Mechanics' Building and Loan Association of Bibb county, by remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified. Whereas, The Mechanics' Building and Loan Association, of Bibb county, did, in January, 1874, cease to do any business and closed up its operations; therefore, Preamble. Section I. The General Assembly do enact , That all taxes and penalties assessed against said Mechanics' Building and Loan Association by the Tax Receiver of Bibb county for the years 1874, 1875, 1876, 1877, 1878 and 1879 be, and the same are hereby, remitted; Provided , said association shall first pay to the Tax Collector of said county the ad valorem tax required by law for said years on all property, if any real or personal, or choses in action, owned by said association during said years, to be ascertained by the oath of their president or other officer. Association relieved from taxes for 1874, 1875, 1876, 1877, 1878 and 1879. Proviso. Sec. II. And be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22d, 1881. RELIEF OF CITY BUILDING AND LOAN ASSOCIATION, OF BIBB COUNTY. No. 264. An Act for the relief of the City Building and Loan Association, of Bibb county, by the remission of taxes claimed by the Comptroller-General to be due the State by it for certain years therein specified. Whereas, The Tax Receiver of Bibb county has erroneously assessed for certain years against the City Building and Loan Association, of said county, a tax upon their supposed capital stock, which had no existence in fact; therefore, Preamble. Section 1. The General Assembly do enact , That all taxes and penalties so assessed against said association for the years 1874,

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1875, 1876, 1877, 1878 and 1879 be, and the same are hereby, remitted; Provided , said association shall first pay to the Tax Collector of said county the ad valerem tax required by law for said years on all property, if any, real, personal, or choses in action, owned by said association during said years, to be ascertained by the oath of their president or other officer. Association relieved from taxes for 1874, 1875, 1876, 1877, 1878 and 1879. Sec. II. And be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 22nd, 1881. ADJUSTMENT OF CLAIMS OF HOWARD VAN EPPS, SOLICITOR CITY COURT OF ATLANTA, FOR INSOLVENT COSTS. No. 285. An Act to authorize the compromise and adjustment of the claims due to Howard Van Epps for insolvent costs due him as Solicitor-General of the City Court of Atlanta, and to provide for the payment thereof. 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 the Commissioners of Roads and Revenues for the county of Fulton be, and they are hereby, authorized and required to levy a special tax, and have the same collected, for the payment of fifty per centum of the insolvent costs due Howard Van Epps as former Solicitor-General of the City Court of Atlanta, and pay the same to him, by warrant on the County Treasurer, in full discharge of his claim; Provided , that the said claim for insolvent costs shall have first been itemized and allowed and entered on the minutes of said City Court, as required by law; and, provided, further , that the gross sum paid, under the provisions of this Act, shall not exceed the sum of $3,500.00 for the entire period of four years during which he was Solicitor; and, provided, further , that said tax shall not be levied or collected, nor said amount, nor any part thereof, paid, until the same has been recommended by the grand jury of Fulton county. Fifty per cent. of insolvent cost due Howard Van Epps, Solicitor-General, to be paid by authorities of Fulton county. Proviso. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24th, 1881.

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FOR RELIEF OF E. POLK. No. 291. An Act to relieve E. Polk, security on Jett Dobbs' forfeited bond in Paulding Superior Court, and for other purposes. Whereas, E. Polk, of the county of Douglas, signed a bond as security for the appearance of Jett Dobbs, charged with the offense of burglary before the Superior Court of Paulding county, for the sum of one hundred dollars; and, WHEREAS, at the term of said court the defendant was called and failed to appear, and rule nisi was taken by the Solicitor-General of the Rome circuit and scira facias issued thereon, and said bond forfeited and execution issued on the same which has been levied upon the property of E. Polk, the said security; and, WHEREAS, the said Jett Dobbs did appear at the term of said court, and was tried for said offense and a verdict of not guilty rendered; and, WHEREAS, the grand jury of said county of Paulding recommended that the said E. Polk be relieved from the payment of the said bond: Preamble. Section I. Be it therefore enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, E. Polk of the county of Douglas be, and the same is hereby, relieved from the payment of a bond for the appearance of Jett Dobbs before the Superior Court of Paulding for the sum of one hundred dollars, said bond having been signed by said E. Polk, as security, and said Jett Dobbs, principal, and the Solicitor-General of the Rome circuit be, and he is hereby, required by this Act to enter satisfaction in full on the docket of said court where said bond was forfeited, and also to enter on the said execution satisfaction in full, so far as the said E. Polk, as security, is liable; Provided , that said E. Polk pay the cost that may have accrued in the forfeiture of said bond. E. Polk relieved from liability on appearance bond of Jett Dobbs. Bond to be declared satisfied in full. Sec. II. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24th, 1881.

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REWARD FOR ARREST OF C. F. KELLEY TO BE PAID TO B. F. CULP AND J. B. BURCH. No. 444. An Act to provide for the payment to Benjamin F. Culp and John B. Burch the reward offered for the arrest of Charles F. Kelley. Section I. Be it enacted by the General Assembly , That the Governor of this State be, and is hereby, authorized to draw his warrant upon the treasury for the sum of one hundred dollars, payable to Benjamin F. Culp and John B. Burch, the same being a reward for the arrest of Charles F. Kelley. $100 directed to be paid for arrest of C.F. Kelley. Sec. II. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved Sepember 29th, 1881. PROHIBITING FISHING IN WATERS ON LANDS OF D. CLAYTON, J. B. JONES AND E. OUTLAW. No. 445. An Act to prohibit fishing in the waters upon the lands of D. Clayton, J. B. Jones and E. Outlaw, so as to encourage the culture of fish in said waters, said lands lying in the 16th district of Lowndes county, and known as lots numbers 78, 106, 107, 108, 124 and 154. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this Act, it shall not be lawful for any person or persons to take fish, or attempt to do so, with any line, hook, net or other contrivance, from the Ocean Pond, nor from any of the waters, lakes and ponds on land lots numbers 78, 106, 107, 108, 124 and 154, the property of Jeremiah B. Jones, B. Clayton and E. Outlaw, in the 16th district, G. M., of Lowndes county, in this State, without the consent of said persons, they intending to use said waters for the culture of fish; and any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Revised Code of 1873. Fishing in waters on lands of D. Clayton, J. B. Jones and E. Outlaw prohibited. Penalty.

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Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved September 29th, 1881. RELIEF OF BONDSMEN OF STONEWALL RIFLES. No. 478. An Act for the relief of the bondsmen of the bond given by the Stonewall Rifles for arms furnished by the State of Georgia. Whereas, The Stonewall Rifles, a volunteer infantry company of Burke county, Georgia, were furnished with arms by the State of Georgia; and, WHEREAS, the said arms, or the greater part of them, were destroyed by a fire which occured in the town of Waynesboro on the 22nd of December, 1879; therefore, Preamble. Section I. Be it enacted , The Governor of the State be, and he is hereby, authorized and empowered to relieve and discharge the bondsmen on the bond given by said company for the arms furnished by the State, or so much of said State property as he shall be satisfied were destroyed by the fire of the 22nd of December, 1879, in the town of Waynesboro. Bondsmen of Stonewall Rifles relieved from liability on bond. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 30th, 1881.

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Part V.Resolutions. TITLE I. RESOLUTIONS. Report of balance due public school officers and teachers for year 1871. Providing for examination and report on a proposed new edition of the Code. Governor authorized to sell certain land in Bibb county. Authorizing sale of old post-office fixtures at Atlanta. Surrender of charter of Bank of Athens accepted. Examination of hand-book of legal forms prepared by Silman Thompson. Governor requested not to issue certain bonds. Notifying Governor of recess of General Assembly until July, 1881. Requesting Congressmen from Georgia to endeavor to secure appropriations for the rivers of Georgia. Directing inquiry into lease of Western and Atlantic Railroad. Valuation of old Capitol at Milledgeville accepted. Celebration of anniversary of battle of Yorktown. Payment of printing bills of the Railroad Commission. Recommending Mitchell's System of Book-keeping. Investigation of obstructions in Savannah river. Investigation of escape of James Denton, convict. Sale of certain lots of land belonging to the State. Requesting Representatives in Congress to endeavor to secure appropriations for education. Investigation of leases under which Indian Springs is held. Advisability of erecting a new Capitol. State Treasurer authorized to pay interest due on bonds from Nos. 980 to 999, issued under Act of 1856. Sale of Baldwin county bridge bonds. In relation to property of Georgia State Lottery. Requesting President to pardon violators of revenue laws. W. H. Harrison authorized to publish laws of 1880-81. Expenses of committee on Western and Atlantic Railroad. Analytical index of Georgia Reports. Providing for valuation of old Capitol at Milledgeville. Expressing sentiments of General Assembly as to the President's assassination. Boundary line between Georgia and South Carolina. Committee to confer with city authorities of Atlanta as to new Capitol. In reference to adjournment of the General Assembly. Authorizing President of the Senate and Speaker of the House to sign bills after adjournment. Balance of per diem of Hon. J. T. Glover. Balance of per diem of Hons. A. J. Hansell and John Wilcox. Payment of mileage for General Assembly. Suppression of violence in city of Savannah. In relation to office of State Geologist. Payment of coupons of certain Macon and Brunswick Railroad bonds refused. Purchase of certain Supreme Court Reports.

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Publication of Public Acts of 1880. Thanks tendered Hon. R. N. Ely. Census returns for counties of Georgia. Looking to provision for colored lunatics of the State. Funds from sale of State property. Commissioner of Agriculture authorized to loan specimens of minerals, etc., to colleges of this State. Col. C. C. Jones allowed access to State archives. Investigation of lease of Western and Atlantic Railroad. Looking to establishment of assay office at Dahlonega. REPORT OF BALANCE DUE PUBLIC SCHOOL OFFICERS AND TEACHERS FOR THE YEAR 1871. No. 1. Resolved by the Senate and House of Representatives of the State of Georgia , That the State School Commissioner be instructed to ascertain and report as early as practicable, the balance due public school officers and teachers for services rendered in the year 1871. State School Commissioner to report balance due public school officers and teachers for year 1871. Resolved , That these resolutions be transmitted to the House of Representatives at once. Approved December 6th, 1880. PROVIDING FOR EXAMINATION OF AND REPORT ON A PROPOSED NEW EDITION OF THE CODE. No. 2. Whereas, Many and great changes have been made in the existing Code by the constitution of 1877, and the legislation since 1873; and, WHEREAS, the supply of the edition of the Code of 1873 belonging to the State is exhausted; and, WHEREAS, George N. Lester and Walter B. Hill have prepared a new edition of the Code upon a plan which has received the most favorable recommendation of the judiciary of the State; therefore, be it Preamble. Resolved by the General Assembly , That said Lester and Hill are hereby authorized to submit their said work to the Attorney-General for examination at their expense; and the Attorney-General is hereby authorized and directed to report the result of said examination to the adjourned session of the General Assembly in July. Attorney-General to examine proposed new edition of the Code and report on same. Resolved, further , That a Code of Georgia, prepared by Christopher Rowell, be also submitted to the Attorney-General upon like terms as the Code of Messrs. Lester and Hill.

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Resolved, further , That the Attorney-General also report upon the relative rights of the parties offering said editions of the Code. Attorney-General to report on relative rights of parties. Approved December 6th, 1880. GOVERNOR AUTHORIZED TO SELL CERTAIN LAND IN BIBB COUNTY. No. 3. Resolved , That, whereas, a certain parcel of land situated in the county of Bibb, hereinafter described, is alleged to have never been granted by the State, and to be now the property of the State, said parcel of land being situated on the boundary line of the city of Macon, fronting ninety-two (92) feet on Boundary street, and bounded on the northern side by said street, bounded on the eastern side by the Houston road, (a continuance of Second street of the city of Macon,) and running three hundred and ninety feet (392) of said road, bounded on the western side by lands owned by the Macon Gas and Water Company, and running along said lands three hundred and ninety-two feet (392;) said parcel of lands being now unoccupied and uninclosed; therefore, be it Preamble. Resolved by the House of Representatives, the Senate concurring , That the Governor is hereby required to make the investigations necessary to determine if said parcel of land is the property of the State, and if it should be found that the State has not parted with the title to the same, the Governor is hereby authorized, in his discretion, to advertise and sell the same in conformity to law, and at such time and in such manner as shall be most to the interest of the State, and to execute a deed of conveyance of said property to the purchaser of the same. Governor authorized to sell a certain lot of land in Bibb county, if, on investigation, it be found to be State property. Approved December 6th, 1880. AUTHORIZING THE SALE OF THE OLD POST-OFFICE FIXTURES AT ATLANTA. No. 4. Resolved by the House of Representatives, the Senate concurring , That the Governor be, and is hereby, authorized to sell upon such terms as he deems best for the interest of the State, the metal letter-boxes belonging to the State, and now remaining in the old post-office in Atlanta, lately vacated by the Post-Office Department. Governor to sell old fixtures belonging to the State, of Atlanta post-office. Approved December 6th, 1880.

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SURRENDER OF CHARTER OF BANK OF ATHENS ACCEPTED. No. 5. Whereas, The Bank of Athens, heretofore incorporated by the General Assembly of this State, has successfully wound up its affairs, and paid all its debts, including deposits and bill holders, and by a resolution of its stockholders has surrendered its corporate franchises to the State, with the prayer that the same be accepted by the General Assembly; therefore, Preamble. Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring , That the surrender of the franchise of the Bank of Athens be, and the same is hereby, accepted. Surrender of Charter of Bank of Athens, accepted. Approved December 6th, 1880. EXAMINATION OF HAND BOOK OF LEGAL FORMS PREPARED BY SILMAN THOMPSON. No. 6. Whereas, The firm of Silman Thompson have in process of preparation a complete Hand Book of Legal Forms suited to the present state of the laws of Georgia; and, WHEREAS, it is believed that such a book will prove to be of incalculable benefit to Magistrates, county officers, business men, and the citizens of Georgia, generally: Preamble. Be it therefore resolved by the House of Representatives, the Senate concurring , That a committee of three upon the part of the House, and two upon the part of the Senate, be appointed, whose duty it shall be to examine the manuscript of the Hand Book of Legal Forms, prepared by Silman Thompson, and report to the present General Assembly, after the recess, as to the merits of the book and its adaptation to the general wants of our people. Committee appointed to examine and report on Hand Book of Forms, prepared by Silman and Thompson. Approved December 6th, 1880. GOVERNOR REQUESTED NOT TO ISSUE CERTAIN BONDS. No. 7. Provisions for the payment of all the bonds of the State maturing during the year 1881 having been made in the general appropriation

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Act, passed at the present session, the General Assembly do, Resolved , That the Governor be, and he is hereby, authorized and requested not to issue the bonds which he is directed to issue for the redemption of the bonds issued under the Act of February 27th, 1856, that become due during said year 1881, under the Act entitled, An Act authorizing the issue of bonds of the State of Georgia for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same, approved December 14th, 1878. Governor requested not to issue bonds for redemption of bonds issued under Act of Feb. 27th, 1856, etc. Approved December 6th, 1880. NOTIFYING GOVERNOR OF RECESS OF GENERAL ASSEMBLY UNTIL JULY, 1881. No. 8. Resolved by the House of Representatives, the Senate concurring , That a committee of three from the House and two from the Senate, be appointed to wait upon his Excellency, the Governor, and inform him that the General Assembly have resolved to take a recess from and after to-day, until the first Wednesday in July, 1881, and to prolong the session as long as the public interest may require. Committee to notify Governor of recess of General Assembly. REQUESTING CONGRESSMEN FROM GEORGIA TO ENDEAVOR TO SECURE APPROPRIATIONS FOR THE RIVERS OF GEORGIA. No. 9. That, WHEREAS, the opening of all rivers in this State rendered navigable by nature is a question of great State as well as national importance; and, WHEREAS, the small sums heretofore appropriated by the national government in furtherance of this object, are wholly inadequate to the purpose: Preamble. Be it therefore resolved by the Senate and House of Representatives , That our Senators and Representatives in Congress be earnestly requested to use their utmost diligence in procuring such appropriations as will render our rivers navigable; Senators and Representatives urged to use diligence in procuring appropriations for Georgia rivers. Be it further resolved , That his Excellency, the Governor, be equested to forward to our delegation in Congress a copy of this reamble and resolutions. Approved September 28th, 1881.

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DIRECTING INQUIRY INTO THE LEASE OF THE WESTERN AND ATLANTIC RAILROAD. No. 10. Be it resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency, the Governor, be, and he is hereby, requested to transmit to the Attorney-General of the State the evidence herewith submitted, and direct him to make a critical and careful examination of the same, and if in his, the said Attorney-General's, opinion from such examination, or such other facts as he may be able to obtain, he should conclude that a majority of the stock in said lease is not bona fide owned and controlled by residents of the State of Georgia, and that the same, under the terms of the lease Act, works a forfeiture of said lease, that he then be instructed to institute suitable and necessary proceedings to forfeit and annul said lease, and for the recovery of such property in the hands of the Western and Atlantic Railroad Company, as the State may be entitled to. Attorney-General to make critical enquiry as to lease of W. A. R. R. If he concludes that a majority of the stock in the lease is not controlled by residents of Georgia, etc., he is directed to institute proper proceedings to forfeit leases. Resolved, further , That his Excellency, the Governor, be, and he is hereby, requested to submit the bond given by the lessees, and all the papers and evidence connected therewith or relating thereto, to the Attorney-General, and instruct him to examine the same thoroughly, and report to the Governor the result of his investigation, and should such report be adverse to the validity of the bond, then his Excellency, the Governor, shall cause notice of the same to be given to the President of the Western and Atlantic Railroad Company, at the same time calling upon him to execute a new bond, or perfect the present one, within sixty days from the date of the service of said notice; and upon the failure of said company to comply with said demand within the time specified, the Governor shall direct the Attorney-General to institute proceedings to have said lease forfeited, and take such other steps as may be by him deemed necessary to recover such property now in the possession of the Western and Atlantic Railroad Company, as the State shall and may be entitled to. Bond of lessees to be examined by Attorney-General. And report to the Governor. If report is adverse, notice to be given and new bond called for. If bond not strengthened, Attorney-General shall proceed to forfeit leases. Approved September 28th, 1881.

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VALUATION OF OLD CAPITOL BUILDING AT MILLEDGEVILLE ACCEPTED. No. 11. Resolved by the Senate, the House concurring , That the report of the Commissioners, assessing the value of the Capitol building at Milledgeville, at the sum of $55,625.00 be, and the same is hereby, ratified and accepted by the General Assembly; and that his Excellency, the Governor, be, and he is hereby, authorized to settle with the authorities of the city of Atlanta at the sum assessed and upon the terms contained, stipulated and set in the resolution of July 22nd, 1881. Report of Commissioners assessing value of old capitol, adopted. Governor authorized to settle with city of Atlanta. Approved September 28th, 1881. CELEBRATION OF ANNIVERSARY OF BATTLE OF YORKTOWN. No. 12. Whereas, The Government of the United States and of France will celebrate the one hundredth anniversary of the battle of Yorktown and the surrender of Lord Cornwallis and his army to General Washington, in October next; and, WHEREAS, Georgia was one of the original thirteen (13) States which participated in that great victory which practically terminated the American Revolution; and, WHEREAS, Georgia has been invited to participate in this celebration by an appropriate military and civic display, and the other twelve States, together with many since admitted into the Union, have already signified their intention of uniting in the celebration, and have made all necessary appropriations therefor; and, WHEREAS, the General Assembly, by reason of constitutional limitations and restrictions, has no power to appropriate any money from the public treasury for this purpose; therefore, be it Preamble. Resolved by the General Assembly of the State of Georgia , That the people of this State, in common with all the people of the Union, join heartily in the patriotic sentiments which prompt this celebration, and unite with them in all testimonials of the immortal services rendered the cause of freedom upon the historic field of Yorktown by the illustrious men whose heroic deeds this occasion will commemorate. Expression of sentiment of the people of Georgia as to the anniversary of battle of Yorktown. Resolved , That we learn with pleasure of the intended visit of the old and honored Chatham Artillery, whose organization has come down to us from the days of the Revolution, and who

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now have in this battery two guns captured at Yorktown and presented to them by General Washington himself. Visit of Chatham Artillery to Yorktown. Resolved, further , That his Excellency, the Governor, be requested to direct the attention of other military organizations to the occasion, and to urge such as can do so to attend. Governor requested to direct attention of other military organizations to celebration. Approved September 28th, 1881. PAYMENT OF PRINTING BILL OF THE RAILROAD COMMISSION. No. 13. Whereas, There are certain bills of the Railroad Commission due for advertising; and, WHEREAS, there exist doubts as to whether the same can be paid out of the Public Printing Fund; therefore, be it Preamble. Resolved by the General Assembly , That his Excellency, the Governor, be, and he is hereby authorized and empowered to order said bills paid out of said Public Printing Fund, when properly approved by said Railroad Commission. Governor authorized to [Illegible Text] said the printing bills of the Railroad Commission. Approved September 28th, 1881. RECOMMENDING MITCHELL'S SYSTEM OF BOOK-KEEPING. No. 14. Resolved by the General Assembly , That Mitchell's complete system of public accounts now in use by the County Treasurers of Henry, Spalding, Meriwether, Houston and Green counties, tends to prevent irregularities and affords facilities to the public, whereby the true and correct condition of county finances can be readily discovered without the aid of an expert, and the system commends itself to those counties which have not already adopted a more perfect one. Mitchell's system of book-keeping recommended. Approved September 28th, 1881.

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INVESTIGATION OF OBSTRUCTIONS IN THE SAVANNAH RIVER. No. 15. Whereas, There exist in the several counties along the Savannah river, above Augusta, various complaints among the people in reference to the obstruction of the free passage of fish by the dam of the Augusta Canal Company; and, WHEREAS, there is a difference of opinion as to the legality and extent of the obstructions, and as to the appropriate remedies of the evils complained of; now, to the end that full and complete information may be obtained in the premises, and that ample justice may be done, according to law, to the people of South Carolina and of Georgia, as well as to the proprietors or owners of said dam; Preamble. Be it resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency, the Governor, be, and he is hereby, requested to have full and complete investigation instituted in the premises, within sixty days from the adoption of these resolutions, with an eye to finding out, first, the character and extent of the obstructions complained of; secondly, the legality or authority for such obstructions; thirdly, the feasibility of providing sufficient fish-ways in the Augusta Canal dam, by the city of Augusta, to allow the free passage of fish up and down said river, over or through said dam. Investigation of obstructions in Savannah river, above Augusta, requested. Resolved , That if it be found that the said Savannah river is, by the dam aforesaid, so obstructed as to prevent the free passage of fish, and that no fish-ways have been, or shall be, provided by the city of Augusta, in or over or through said dam, to allow the free passage of fish, within twelve months from the investigation provided for in this resolution, or unless the city of Augusta shall so modify said dam as to allow the free passage of fish, then we respectfully request his Excellency to have instituted such legal proceedings as may be deemed necessary, in order to secure the free passage of fish through or over the dam of the Augusta Canal Company. If city of Augusta fail to provide for passage of fish, the Governor is requested to have legal proceedings instituted for removal of obstructions. Approved September 28th, 1881. INVESTIGATION OF ESCAPE OF JAMES DENTON, CONVICT. No. 16. Resolved , That his Excellency, the Governor of this State, be, and he is hereby, requested to investigate the circumstances under which a convict named James Denton, of Butts county, sentenced for a term of four years, escaped from imprisonment from the Marietta

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and North Georgia Railroad Company; and that the resolution and report of the Principal Keeper of the Penitentiary in response thereto, be referred to his Excellency. Governor requested to investigate escape of James Denton. Approved September 28th, 1881. SALE OF CERTAIN LOTS OF LAND BELONGING TO THE STATE. No. 17. Whereas, The State owns certain lots of land on the line of the Macon and Brunswick Railroad, which are being depredated upon and are diminishing in value from such depredation: Preamble. Resolved by the Senate and House of Representatives , That the Governor be, and he is hereby, authorized to sell the following lands of the State, acquired through the seizure of the Macon and Brunswick Railroad, to-wit: Lots of lands Nos. 1, 3 and 4 in the 20th district of Pulaski county, Nos. 124, 126, 127, 144, 145 146, 151, 155, 156, 157 in the 21st district of Pulaski county, and No. 127 in the 3rd district of Wayne county, each of said lots containing 202 acres of land, said sale to be made through the Sheriffs of Pulaski and Wayne counties, under the same regulations and advertisements as in sales under execution, they to be allowed the usual fees for sales, and the net proceeds of said sale to be paid into the State treasury, and all the facts in relation to said sale to be reported by the Governor to the next General Assembly. Governor authorized to sell land of the State in Pulaski and Wayne counties. How sale shall be made. Proceeds of sale to be paid into State Treasury. Approved September 29th, 1881. REQUESTING REPRESENTATIVES IN CONGRESS TO ENDEAVOR TO SECURE APPROPRIATIONS FOR EDUCATION. No. 18. Whereas, The impoverishment of the South, caused by the late unhappy war, has made it, up to the present date, almost impossible for the Southern State governments to make anything like adequate provision for the education of the youth of the South; and, WHEREAS, the freeing and enfranchisement of the colored race by the Act of the Government of the United States, has made it necessary that the youth of that race be prepared by education

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for the discharge of the duties of citizenship; and, WHEREAS, the difficulties of the Southern educational problem are increased more than a hundred fold by the fact that the people of the colored race, constituting nearly one-half of the entire population, are still, to a large extent, without any property that may be taxed; and, WHEREAS the whole country is put in peril by the prevalence of ignorance in any part of it; therefore, Preamble. Be it resolved by the Senate and House of Representatives, of the State of Georgia , That the extending of aid by the General Government to the struggling State governments of the South in their efforts to build up efficient systems for the education of the masses is eminently wise and proper. National aid for education approved. Resolved , That we have observed with approval and gratification, the efforts now being made in Congress, to raise an educational fund to be distributed among the States for a term of years upon the basis of illiteracy, and afterwards, upon the basis of school population, and to be applied to educational purposes under the laws of the several States. Resolved , That our Senators and Representatives in Congress are hereby requested to give their earnest support to that one of the measures referred to in the foregoing resolution which is most liberal in appropriation, and which secures to the fullest extent the right of local control in the application thereof. Representatives requested to support most liberal appropriations. Resolved , That as the State of Georgia does not now make any discrimination between the races in applying State educational funds, we hereby pledge the honor of the State to the same impartiality in applying any fund which may be provided by the General Government. No discrimination to be made between races. Resolved , That the Governor is hereby requested to transmit copies of the foregoing preamble and resolutions to our Senators and Representatives to be laid by them before the two Houses of Congress. Copies to be transmitted to Representatives. Approved September 28th, 1881. INVESTIGATION OF LEASES UNDER WHICH INDIAN SPRINGS IS HELD. No. 19. Whereas, The State of Georgia owns a water-power, shoal fall, and other valuable property situated on the Indian Spring reserve, in the county of Butts; and, WHEREAS, said property has been leased and released to John G. Park and others; and, WHEREAS, it is believed that the terms of leases have not been complied with, and the property has reverted to the State: Preamble.

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Be it resolved by the House, the Senate concurring , That his Excellency, the Governor, be, and is hereby, instructed to investigate the leases under which it is now held; to ascertain if said leases have not been violated and forfeited, and to report the results of his investigations to the next General Assembly. Investigation of leases under which Indian Springs is held. Approved September 29th, 1881. ADVISABILITY OF ERECTING A NEW CAPITOL BUILDING. No. 20. Resolved by the House of Representatives, the Senate concurring , That the Finance Committees of the two Houses are hereby directed to take such action, prior to the adjournment on Saturday next, as will enable said committees to lay before the General Assembly at the adjourned session in July, 1881, such information as it is practicable to obtain, and which is important to be had by the General Assembly, when making provision for the erection of a new capitol building suitable for the use of the State, and particularly as to the probable cost of said building proper to be made, and the most feasable plan for defraying said cost in a manner which shall not be burdensome to the tax payers of the State. Committee to examine and report as to erection of new capitol. Resolved, further , That the Governor is hereby authorized to advertise for plans and specifications for said new capitol building, and to offer for the State the sum of two hundred and fifty dollars to such plan as may be accepted by the General Assembly, the right being reserved to reject all of the plans submitted, if none of the same shall be approved. Governor authorized to advertise for plans and specifications. Approved December 6th, 1880. STATE TREASURER AUTHORIZED TO PAY INTEREST DUE ON BONDS FROM NOS. 980 TO 999, ISSUED UNDER ACT OF 1856. No. 21. Whereas, Certain bonds of this State, of five hundred dollars each, issued on account of the Atlantic and Gulf Rail Road, on the 1st day of August, 1860, and maturing on the 1st day of August, 1880, issued under the Act of February 27th, 1856; Nos. 980 to 999 inclusive, had no coupons attached thereto, representing the last six months' interest due thereon; and, WHEREAS, it is stipulated in the face of said bonds that they shall bear interest

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at the rate of six Per centum . per annum, payable semi-annually until maturity; and, WHEREAS, the interest for said last six months still remains due and unpaid, the bonds and all other interest having already been paid; therefore, Preamble. Be it resolved by the General Assembly , That the State Treasurer be, and he is hereby, authorized to pay the six months' interest due on said bonds for the six months ending with the maturity thereof, in the same manner as if coupons were attached to said bonds therefor; and that a receipt by the late holders of said bonds to whom the same was paid, or by their legal representatives, or by their duly authorized attorney, for the interest so paid shall be a sufficient voucher for the Treasurer for the amount thereof. Treasurer authorized to pay interest due on bonds Nos. 980 to 999, issued under Act of Feb. 27th, 1856. Approved September 29th, 1881. SALE OF BALDWIN COUNTY BRIDGE BONDS. No. 22. Whereas, Baldwin county, in this State, now has a bonded debt of forty thousand dollars, nearly all of which said bonds are owned by citizens of said county, and it is desirable that all of said bonded indebtedness should be owned by the immediate citizens of said county; and, WHEREAS, the State of Georgia owns, and now has deposited in her treasury, sixteen Baldwin county bridge bonds of one hundred dollars each, amounting in the aggregate to sixteen hundred dollars, which fall due as follows, to-wit: one January 1st, 1884, five January 1st, 1885, and ten January 1st, 1886: Preamble. Be it therefore resolved by the Senate and House of Representatives , That the Hon. D. N. Speer, Treasurer of said State, be, and he is hereby, authorized and empowered to receive from the Ordinary of the county of Baldwin in payment of sixteen Baldwin county bridge bonds, of the denomination of one hundred dollars each, now held and owned by the State of Georgia, the sum of sixteen hundred dollars, and the interest due on said bonds at the time of the payment; and that upon the payment of said sums, the said sixteen bonds shall be delivered up to said Ordinary, and immediately cancelled. State Treasurer authorized to sell 16 Baldwin county bridge bonds to the Ordinary of Baldwin county. Approved September 24th, 1881.

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IN RELATION TO PROPERTY OF GEORGIA STATE LOTTERY. No. 23. Whereas, It appears that the State of Georgia is entitled to certain real estate in the city of Atlanta, which was formerly occupied and held by the trustees and managers of the Georgia State Lottery, and that while the legal title to said real estate is in the former managers of said lottery, the equitable right and title thereto is in said State, subject to the adjustment of certain liabilities and claims against said lottery and its property: Preamble. Therefore, the General Assembly do resolve , First, that the Governor is hereby authorized and instructed to direct and require the Attorney-General to make a thorough and complete investigation of the affairs of said lottery, and of the status of said real estate, and to institute such legal proceedings and take such other action as the interest of said State may require, and to report the result of his investigations to the Governor, who shall present said report to the next General Assembly. Investigation of affairs of Georgia State Lottery, to be made by the Attorney General Report of Attorney-General. Approved September 16th, 1881. REQUESTING PRESIDENT TO PARDON VIOLATORS OF UNITED STATES REVENUE LAWS. No. 24. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the petition which has been signed by the Governor, other prominent citizens of the State, and by the members of the General Assembly, asking his Excellency, the President, to pardon the violators of the revenue laws in this State, be immediately transmitted to the President, with the earnest request and hope that he will give it a favorable consideration. President earnestly requested to pardon violators of U.S. revenue laws. Resolved, further , That a copy of these resolution accompany said petition. Approved September 24th, 1881.

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W. H. HARRISON AUTHORIZED TO PUBLISH PUBLIC LAWS OF 1880-81. No. 25. Resolved by the General Assembly of the State of Georgia , That W. H. Harrison, of the county of Stewart, be, and he is hereby, authorized to publish the Public Acts of this General Assembly, and for this purpose the Secretary of State be, and he is hereby, authorized to furnish him the manuscripts of said Acts, to be properly kept and safely returned to his office. W. H. Harrison authorized to publish public laws of 1880-81. Resolved , That the Governor be, and he is hereby, authorized to subscribe for and purchase three hundred copies of the pamphlet, when published, at a cost not to exceed fifty cents per copy, to be paid out of the contingent fund, and to distribute the same to the public officers of this State. Governor may subscribe and pay for 300 copies of the publication. Approved September 13th, 1881. EXPENSES OF COMMITTEE ON THE WESTERN AND ATLANTIC RAILROAD. No. 26. Resolved by the House of Representatives, the Senate concurring , That the State Treasurer be, and he is hereby, authorized to pay the Sergeant-at-Arms of the Joint Special Committee, to investigate the lease of the Western and Atlantic Railroad, the sum of one hundred dollars, or so much thereof as may be found necessary to defray the expenses of said committee in sending for persons and papers, and any other incidental expenses that may be incurred by said Joint Committee in the proper discharge of its duties; Provided , That no money shall be paid out by said Treasurer under this resolution, only upon an account of expenditures, properly authenticated and audited by the Chairman of said Joint Committee. Sergeant-at-Arms of Committee on W. A. R. R., to be compensated for expenses of Committee, etc. Proviso. Approved August 29th, 1881.

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ANALYTICAL INDEX OF GEORGIA REPORTS. No. 27. Whereas, Messrs. J. W. Burke Co., of Macon, Ga., are now publishing an Analytical Index of the Georgia Reports, from volomes 41 to 61, inclusive, prepared by N. E. Harris; and, WHEREAS, said Index is a continuation of the Analytical Index of Henry Jackson, Esq., Supreme Court Reporter, with which latter Index the public officers have been supplied at the State's expense; and, WHEREAS, such a work is of great assistance in the administration of the law: Preamble. Therefore be it resolved, the Senate concurring , That the Governor be, and he is hereby, authorized to purchase, for the use of the State Library, and for distribution to the officers who are supplied at the State's expense with the Supreme Court Reports, three hundred copies of the aforesaid Index, at such price as may be agreed on between him and the publishers, not to exceed four dollars per copy; and that he be authorized to pay for the same out of any funds in the treasury not otherwise appropriated. Governor authorized to buy 300 copies of Harris' Analytical Index. At a price not exceeding $4 per copy. Approved August 9th, 1881. PROVIDING FOR VALUATION OF OLD CAPITOL BUILDING AT MILLEDGEVILLE. No. 28. Resolved by the House of Representatives, the Senate concurring , That the proposition submitted by the Mayor and Council of the city of Atlanta to this Committee for the appraisement of the capitol building at Milledgeville, be, and the same is hereby, accepted, and that his Excellency, the Governor of this State, the President of the Senate and the Speaker of the House of Representatives, select one competent person, and the Mayor and Council of the city of Atlanta, select one competent person, and the two persons thus selected, to select a third person, and the three persons thus selected, after giving five days' notice to the Governor, President of the Senate, and the Speaker of the House of Representatives, and the Mayor and Council of the city of Atlanta, they shall proceed to assess the value of the capitol building at Milledgeville, and the assessment thus made shall be final and conclusive, and the sum at which the said property is appraised shall be by the Mayor and Council of the city of Atlanta paid into the State Treasury, so soon as the same shall commence the construction of a new capitol building. Proposition of city of Atlanta for appraisement, accepted. Appraisers; how appointed. Assessment. City of Atlanta to pay sum assessedwhen.

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Resolved , That the original proposition submitted by the Mayor and Council of the city of Atlanta to this Committee, relating to the appraisement of the property at Milledgeville (a copy of which is hereto attached) be placed on file in the Executive office. Proposition of city to be filed in executive office. Resolved , That the appraisers appointed in conformity with the first of the foregoing resolutions be, and they are hereby, requested to discharge the duties devolving upon them by virtue of their appointment, and report their action to this General Assembly, within twenty days from the date of their appointment. Time for appraisement and report. Approved July 22d, 1881. EXPRESSING SENTIMENTS OF GENERAL ASSEMBLY AS TO THE PRESIDENT'S ASSASSINATION. No. 29. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That we have received with the profoundest sorrow and pain the intelligence of the attempted assassination of the President of the United States, and in common with all citizens throughout the Union, without regard to party, who are patriotically devoted to the principles of constitutional liberty, we do hereby express our unqualified condemnation of this horrible act, which aimed a fatal blow at American free institutions by lawlessly striking down their duly chosen representative Chief Magistrate, and we look upon the deed and its perpetrator with feelings of inexpressible indignation and abhorrence. Expression of sentiment of General Assembly as to attempted assassination of the President. 2. Resolved , That while, as American citizens, we are justly proud of the heroic courage with which the President has borne his sufferingsfor his intrepid wife, who, during all these hours of anguish has never lost her sublime fortitude, nor wavered in her womanly devotion, we entertain sentiments of the profoundest admiration and respect; and in behalf of all the people of Georgia, we tender to him and her our warmest sympathies and earnest prayers for his speedy restoration to health and usefulness. Sympathy for the President and his wife. 3. Resolved , That these resolutions be transmitted to the Secretary of State at Washington. To be transmitted to U.S. Secretary of State. Adopted July 7th, 1881.

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BOUNDARY LINE BETWEEN GEORGIA AND SOUTH CAROLINA. No. 30. Whereas, Charles Cotesworth Pinckney, Andrew Pickens and Pierce Butler, Commissioners on the part of South Carolina, and John Houston, John Habersham and Lachlan McIntosh, Commissioners on the part of Georgia, at a convention held in Beaufort, in said State of South Carolina, on April 24th 1787, by articles then and there agreed upon, did fix, determine and settle the boundary lines between the States of South Carolina and Georgia, which articles of settlement were duly ratified and confirmed by the Legislatures of both said States; and, WHEREAS, by the terms of said treaty or articles it is expressly stipulated that the most northern branch of the Savannah river from its mouth to the fork or confluence of the Tugalo and Keowee rivers, and thence the most northern branch of the Tugalo river to the northern line or boundary of the State of South Carolina, should thenceforth be the boundary between the States of South Carolina and Georgia; and, WHEREAS, also it is expressly stipulated by the terms of said articles that the navigation of said rivers, Savannah and Tugalo, from the mouth of the former to the source of the latter, should ever remain free and uninterrupted to the citizens of both said States; and, WHEREAS, by necessary implication the free passage of fish was thus forever secured from the mouth of said Savannah to the source of said Tugalo; and, WHEREAS, the citizens of both said States, residing in the vicinity of said rivers, are making constant complaints that the State of Georgia has, by her legislation, permitted most flagrant and unjust violations of both the spirit and the letter of said treaty, by permitting dams to be built across said rivers so as to obstruct the passage of fish in said rivers, as well as to totally hinder, obstruct and prevent the navigation of said streams; therefore, be it Preamble. Resolved by the Senate and House of Representatives, in General Assembly met , That a committee consisting of two from the Senate and three from the House of Representatives, be appointed to take into consideration the terms of the treaty or articles of the convention of Beaufort, as to the line between Georgia and South Carolina, and especially as touching the question of obstructions in the rivers forming said boundary line; also what Acts have been passed by the Legislature of Georgia, if any, authorizing or permitting said river to be dammed up or obstructed so as to prevent the navigation and free passage of fish; also to inquire what obstructions or dams have been placed in or across said rivers, at what places, and the character of such obstructions, and their effect upon the navigation and free passage of fish, and report what

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action, if any, should be taken to induce a compliance on the part of Georgia with the terms of her treaty in this behalf. Committee to be appointed to examine treaty between Georgia and South Carolina as to their boundry line, and to examine what laws have been passed by Georgia authorizing the Savannah river to be obstructed. Approved August 24th, 1881. COMMITTEE TO CONFER WITH THE CITY AUTHORITIES OF ATLANTA AS TO NEW CAPITOL. No. 31. Resolved by the Senate and House of Representatives of the State of Georgia , That a committee of two from the Senate and three from the House be appointed to confer with a committee already appointed by the Mayor and General Council of the city of Atlanta, to take in charge, on the part of said city, the matter of erecting a Capitol building on the lot dedicated by the city to the State, and that the committee raised by this resolution shall ascertain and report to the General Assembly in what way the city of Atlanta proposes to carry out her contract with the State of Georgia. Committee to be appointed to confer with city authorities of Atlanta as to erection of a new capitol. Report of Committee. Approved November 29th, 1880. IN REFERENCE TO ADJOURNMENT OF GENERAL ASSEMBLY. No. 32. Whereas, The important duty of electing United States Senator, Judges of the Supreme and Superior Courts and Solicitors-General, has consumed a large portion of the constitutional session, and has prevented attention to other public business, so that committees having charge of the educational, railroad and penitentiary interests of the State, and other public interests, have not had time for the proper discharge of their duties; and, WHEREAS, the public business cannot be finished without prolonging the present session for into the winter; and, WHEREAS, many members of the General Assembly are now sick, and the progress of business is obstructed by their necessary absence; and, WHEREAS, it is the duty of the General Assembly, at its first session after each census by the United States government, to apportion Representatives amongst the counties of the State, as provided in the constitution, which cannot be done until the publication of the results of the census of 1880; and, WHEREAS, it may become

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necessary to re-apportion the congressional districts before the meeting of the next General Assembly, which would involve an extra session of the General Assembly: Preamble. Therefore, it is hereby resolved by the Senate and House of Representatives , That the General Assembly will take a recess from Saturday, the fourth day of December next, until the first Wednesday in July, 1881, and will prolong its present session beyond the constitutional limit of forty days for so long a time as the public interests may require. General Assembly to take recess from Dec 4th. 1880, to first Wednesday in July, 1881. AUTHORIZING PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE TO SIGN BILLS AFTER ADJOURNMENT. No. 33. Resolved by the Senate and House of Representatives , That the President of the Senate and the Speaker of the House of Representatives be, and they are hereby, authorized and empowered to affix their official signatures to all bills and resolutions passed during the present session of the General Assembly at any time within twenty-four hours after the final adjournment thereof; Provided , such bills and resolutions shall have been reported as duly enrolled prior to such adjournment. Bill may be signed in 24 hours after adjournment of Legislature. Proviso. Approved September 27th, 1881. BALANCE OF PER DIEM OF HON. J. T. GLOVER. No. 34. Whereas, The Hon. James T. Glover, of the county of Twiggs, late member of the House of Representatives, having died during the session of the General Assembly of which he was a member, without having received the whole of his pay for the session as provided by law: Preamble. Therefore, the General Assembly of the State of Georgia do resolve , That the State Treasurer be authorized and directed to pay to the widow, and if no widow, to the children, of said James T. Glover the per diem and mileage due said deceased member for the whole session of the present General Assembly, as provided by law, contained in section 191 of the Code of 1873, and that a receipt of the person or persons to whom said amount is paid, shall be a sufficient voucher for the State Treasurer therefor. Balance of per diem to be paid to family of Hon. J. T. Glover. Approved September 22d, 1881.

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BALANCE OF PER DIEM OF HONS. A. J. HANSELL AND JOHN WILCOX. No. 35. Whereas, The Hons. Andrew J. Hansell, of the county of Cobb, and John Wilcox, of the county of Telfair, having died during the session of the General Assembly, of which they were members, without having received the whole of their pay for the session as provided by law; therefore, Preamble. The General Assembly of the State of Georgia do resolve , That the State Treasurer be authorized and directed to pay to the widow, and if no widow, to the children, of said Andrew J. Hansell and John Wilcox, respectively, the per diem due said deceased members for the whole session of the present General Assembly, as provided by law contained in section 191 of the Code of 1873, and that a receipt of the person or persons to whom said amounts are paid, respectively, shall be a sufficient voucher for the State Treasurer therefor. Balance of per diem to be paid to families of deceased members. Approved September 21st, 1881. PAYMENT OF MILEAGE FOR GENERAL ASSEMBLY. No. 36. Whereas, The present session of the Legislature adjourned from the regular November session of 1880 was a necessity under the exigencies of the public business: Preamble. Resolved , That mileage be paid the members of the General Assembly, the principal Door-keepers and the Messengers thereof, coming to and returning from the capital to attend the present adjourned session of the General Assembly, as is done at a regular session. Mileage to be paid for adjourned session. Approved September 24th, 1881. SUPPRESSION OF VIOLENCE IN CITY OF SAVANNAH. No. 37. Whereas, Credible information has been received that large numbers of persons have assembled themselves in the city of Savannah, in this State, for the furtherance of riotous and unlawful

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ends, and are now making a violent and combined resistance to the efforts of the municipal authorities of said city for the preservation of the public order and the public safety, and are openly defying the commands of the proper civil authorities in said city; and, WHEREAS. doubts exists whether it is competent for his Excellency, the Governor, to use the military power of the State in aid of the civil authorities for the suppression of violence, protection of private property, and the preservation of the public peace, while the General Assembly is in actual session, without action on the part of the General Assembly: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring , That his Excellency, the Governor, be, and he is hereby, requested and fully authorized to call out and employ for the assistance of the civil authorities in the county of Chatham, and city of Savannah, such portion of the volunteer troops of the State as may in his judgment be necessary for preserving the public peace, suppressing disorder and resistance to the lawful authorities of said city and county. Governor authorized to use volunteer force to suppress violence and disorder in Savannah. Approved September 22d, 1881. IN RELATION TO OFFICE OF STATE GEOLOGIST. No. 38. Whereas, The General Assembly of Georgia, by Act approved February 27th, 1874, did provide for a geological survey of the State, and did create the office of State Geologist, making an appropriation of ten thousand dollars per annum for five years, and no longer, for the purpose of carrying out the provisions of said Act; and, WHEREAS, said term of five years did expire in the year 1879, and said appropriation was not extended or continued, the Act of 1874 being thus allowed to expire by its own limitations, the General Assembly of 1879 directing by joint resolution, approved October 17th, 1879, the Governor to turn over to the Commissioner of Agriculture all the material of said geological department, and further requiring the Governor to sell all the chemicals, live stock and camp equipage of said department, thereby giving notice to the world that said geological survey was ended, and said office of Geologist abolished; therefore, Preamble. Be it resolved by the General Assembly of Georgia , That said office of State Geologist was discontinued and abolished in the year 1879 by the facts above recited, and that the said Geologist has no claim on the State for any salary as such Geologist since that date. State Geological Department abolished in 1879 and State Geologist has no claim on for services. Approved September 28th, 1881.

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PAYMENT OF COUPONS OF CERTAIN MACON AND BRUNSWICK RAILROAD BONDS REFUSED. No. 39. Whereas, On the 2nd day of July, 1873, the Macon and Brunswick Railroad was seized by the State of Georgia upon the request of certain holders of unpaid coupons of the indorsed bonds of said railroad; and, WHEREAS, previous to the aforesaid time of seizure numerous coupons of the bonds of said railroad became due, and the holders of said coupons gave no official notice to the State of Georgia whereby said State could have protected itself by seizing said road, but said holders of said unpaid coupons, for reasons known only to themselves, failed to protest the same, or to notify the Governor of Georgia of said nonpayment; therefore, be it Preamble. Resolved by the General Assembly of the State of Georgia , That the State of Georgia does not owe the amounts set forth by the coupons mentioned, and that all valid claims on said State for and on account of the coupons of said Macon and Brunswick Railroad bonds have been fully adjusted and settled by the funding Act of 1877. Certain coupons mentioned in preamble not to be paid. Approved September 29th, 1881. PURCHASE OF CERTAIN SUPREME COURT REPORTS. No. 40. Whereas, It is important that a sufficient number of volumes of the Reports of the Supreme Court of this State be kept for distribution among the several counties thereof, and for supplying other volumes where those already furnished, or any portion of them, are lost or destroyed; and, WHEREAS, many counties in this State are known to be without copies of the volumes of said Reports from twenty-one to twenty-nine, inclusive, said volumes having never been furnished in some instances, and in others having been destroyed by fire with the court-house, or otherwise lost; and, WHEREAS, there is not now in the possession of the State a sufficient number of the volumes above mentioned to supply those lost or destroyed, either by distribution or sale; and, WHEREAS, additional copies of the volumes mentioned are needed and can be advantageously used by the State Librarian for the purpose of exchanging the same for the Reports of the Supreme Courts of other States, to be placed in the library of the State; therefore, be it Preamble.

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Resolved by the Senate and House of Representatives of Georgia , That his Excellency, the Governor, be, and he is hereby, authorized and empowered to purchase from Mrs. Ella M. Cook, provided the same can be obtained on reasonable terms, not to exceed four dollars per volume, twelve hundred (or so many thereof as may be necessary,) volumes of the Supreme Court Reports of this State, from volume twenty-one to twenty-nine, inclusive; and he is hereby authorized to draw his warrant on the treasury for such sum as may be necessary to effect such purchase; Provided , that no volume of said Supreme Court Reports shall be received which is not complete and properly bound. Governor authorized to purchase 1,200 volumes of Supreme Court Reports from Mrs. Ella Cook. Approved September 16th, 1881. PUBLICATION OF PUBLIC ACTS OF 1880. No. 41. Resolved by the Senate and House of Representatives , That C. J. Wellborn be, and he is hereby, authorized to publish the public Acts of the present session of the General Assembly in pamphlet form, and that the Secretary of State be, and he is hereby, required to furnish the manuscript of said Acts to him for that purpose; Provided , there shall be no expense to the public. C. J. Wellborn authorized to publish Act of 1880. Proviso. Approved December 3rd, 1880. THANKS TENDERED HON. R. N. ELY FOR FAITHFUL SERVICES AS ATTORNEY-GENERAL. No. 42. Resolved by the Senate and House of Representatives , That the Honorable R. N. Ely, Attorney-General of this State, in pressing the reopening of the decisions of the courts in the railroad tax cases (said decisions having been adverse), by which large sums have been collected, and a principle established whereby a large amount will be added annually to the revenue of the State, is entitled to the thanks of the people of this State for the zeal, ability and energy displayed in the discharge of the duties of this high and responsible office. Thanks tendered Hon. R. N. Ely for services in railroad cases. Resolved , That his Excellency, the Governor, be requested to transmit a copy of this resolution to the late Attorney-General, the Honorable R. N. Ely. Copy of this resolution to be transmitted. Approved November 18th, 1880.

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CENSUS RETURNS FOR COUNTIES IN GEORGIA. No. 43. Resolved , That inasmuch as it is the duty of the present General Assembly of Georgia, to apportion the representation of the counties of the State, as required by paragraph 11, section 3, and article 4, of the constitution, the Secretary of State is instructed to communicate with General Francis A. Walker, Superintendent of Census, and request him to furnish this body with an official statement of the population of each county, as the same appears from the records of the tenth census. Secretary of State requested to ascertain census of counties of Georgia for use of the General Assembly. Approved November 18th, 1880. LOOKING TO PROVISION FOR COLORED LUNATICS OF THE STATE. No. 44. Whereas, It is the avowed policy and recognized duty of the State to make proper provisions for the accommodation and treatment of all her lunatics of whatever color; and, Whereas, the present arrangements for the accommodation of our lunatics is not ample, and will soon, owing to the rapid increase of this unfortunate class of our population, be largely deficient; and, Whereas, any additions to the present structures at the present site of the Asylum would increase the danger of losses to property and life by fires: Preamble. Be it therefore resolved by the Senate and House of Representatives , That a committee of two from the Senate and three from the House be appointed to visit the Lunatic Asylum, examine, and consider the most economical and feasible mode of providing suitable accommodations for the colored lunatics of the State, separately from the buildings appropriated, or that may be appropriated, to the white lunatics, and that the committee sit during the recess of the General Assembly, and report the results of their investigations to the General Assembly at its adjourned session in 1881. Committee appointed to examine and report method of providing for colored lunatics. Committee to sit during recess. Resolved, further , That nothing herein contained shall entitle said committee to any per diem or traveling expenses for said service. Committee not entitled to per diem. Approved December 6th, 1880.

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FUNDS FROM SALE OF STATE PROPERTY. No. 45. Resolved by the General Assembly of Georgia , That the Treasurer of this State be, and he is hereby, directed and required to keep separate and distinct from all other moneys in the State treasury, the fund arising from the sale of any property owned by the State, keeping separate books and separate accounts for that purpose, and that he shall not pay out said fund for any purpose except the payment of the bonded debt of the State, and said fund shall not be used for any other purpose whatever. Treasurer requested to keep separate from other moneys, funds from sale of State property. Payments out of fund. Approved September 12th, 1881. COMMISSIONER OF AGRICULTURE AUTHORIZED TO LOAN SPECIMENS OF MINERALS, ETC., TO COLLEGES OF THIS STATE. No. 46. Whereas, There is at this time in the Department of Agriculture a considerable number of specimens of minerals and woods, not needed for display or otherwise; therefore, be it Preamble. Resolved by the House of Representatives, the Senate concurring , That the Commissioner of Agriculture be permitted, in his discretion, to loan to any college in this State such duplicate specimens of minerals and woods as may not be needed in said department, the same to be returned when called for, without expense to the State; Provided , that the discretion given to the Commissioner of Agriculture by this resolution, shall be exercised by the State Geologist, if the Department of Geology shall be revived by any Act of the General Assembly of this State; provided, further , that no specimens of minerals and woods shall be loaned to any college until the present General Assembly shall adjourn. Commissioner of Agriculture authorized to loan specimens of minerals, etc., to colleges, of this State. Proviso. Approved September 12th, 1881.

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ACCESS ALLOWED COL. C. C. JONES TO STATE ARCHIVES. No. 47. Whereas, Col. Chas. C. Jones, of Richmond county, Georgia, is now, and has been for many years, collecting material for the purpose of writing a history of Georgia: Preamble. Be it resolved by the Senate and House of Representatives , That free access be accorded Col. Jones, to all the records, documents, reports, correspondence, papers, acts, journals and registers, now of file and existent in any and all of the departments of this State; and also to the transcripts of Colonial records taken by the Rev. C. W. Howard, and now confided to the care and keeping of the officers of the Georgia Historical Society, at Savannah, and the heads of departments, and all other officers of the State, are hereby enjoined to render him all aid and assistance in their power, in the examination and transcription of such records and documents, and in the full use thereof. Free access given Col. C. C. Jones to State archives. Approved September 12th, 1881. INVESTIGATION OF LEASE OF WESTERN AND ATLANTIC RAILROAD. No. 48. Whereas, An Act of the General Assembly, entitled, An Act to authorize the lease of the Western and Atlantic Railroad, and for other purposes therein mentioned, approved October 24th, 1870, provides that the persons composing the company leasing said road, shall be bona fide citizens and residents of Georgia, who shall represent a majority of the whole interest in said lease, so as to give Georgians control of the company; and, WHEREAS, said Act provides that the lessees of said road shall neither make nor permit to be made, any discriminations in favor of or against any railroad company, or other persons or parties having business connections or relations to said road, and that no railroad company, or express company or companies, or combination of either, shall become the lessees of said road; and, WHEREAS, it is currently reported that a majority of the lessees, or a majority of the whole interest in the lease, is owned and controlled by non-residents of this State, or by some railroad company, or combination of companies, or some person representing said company or companies, and that discriminations are made and permitted, or have been made and permitted, against other roads having business connections with or relations to said Western and Atlantic

Page 702

Railroad, contrary to the letter and spirit of said Act and, WHEREAS, said Act further provides that the Legislature of said State may inquire or look into the condition of said lease from time to time: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring , That a special committee consisting of eight, five to be appointed by the Speaker from the House, and three by the President from the Senate) to investigate and inquire into the ownership and condition of said lease, and ascertain in what particular, if any, the provisions of said Act authorizing said lease has been violated, and that said committee be empowered to send for persons and papers, if needed, to the discharge of the duties hereby imposed, and that said committee report, as early as practicable, the result of their investigations and what actions, if any, should be had or taken by the General Assembly to enforce a strict compliance with said lease, and promote the State's interest in said Western and Atlantic Railroad. Committee appointed to inquire into the lease of the W. A. R. R. Powers of committee. Report of Committee. Approved November 24th, 1880. LOOKING TO THE ESTABLISHMENT OF ASSAY OFFICE AT DAHLONEGA. No. 49. Whereas, It has been ascertained that the deposits of gold in the several mints and assay offices of the government have, for some years past, largely exceeded the coinage, the year 1879 showing that $38.405.814 of gold bullion remained uncoined at the end of that fiscal year; and, WHEREAS, it is important that the gold products of this country should be reduced to coin in order to supply the demand at home and the natural drainage from this country by exportation; and, WHEREAS, the annual production of gold has largely increased in the South, especially in the State of Georgia, which should be assayed as near the scene of its production as possible; therefore. be it Preamble. Resolved by the Senate and House of Representatives of the State of Georgia , That our Senators and Representatives in Congress be requested to use their influence to secure the passage of an appropriation by Congress to locate and establish an assay office in the town of Dahlonega, in Lumpkin county, the former location of the United States mint, which shall be under the direction of the General Superintendent of Mints of the United States. Representatives in Congress requested to use their influence to secure an assay office at Dahlonega. Resolved , That a copy of this resolution be transmitted to our Senators and Representatives in Congress. Copy to be forwarded to members of Congress. Approved September 28th, 1881.

Page 703

REPORT OF THE JOINT COMMITTEE ON FINANCE ADOPTED IN SENATE AND HOUSE. The joint standing committee on finance have examined the accounts and vouchers of the Comptroller-General and Treasurer as required by section 186 of the Code, and respectfully submit that the books of these officers have been neatly and correctly kept, and their annual reports are sustained by the condition of the offices. The report of the Treasurer showed a balance in the treasury, October 1st, 1880, of $688,865.47, which amount is shown on the books, and on the 10th day of November, 1880, J. W. Renfroe, the former Treasurer, turned over to D. N. Speer, the present Treasurer, the sum of $665,594.97, which amount we found on the books, and the same agrees with the books of the Comptroller-General of that date. The books of the Treasurer showed a balance on September 5th, 1881the day your committee began its investigationof $782,884.84, which amount your committee found in the hands of the Treasurer and the State depositories, an itemized account of which is hereunto appended. In the opinion of your committee, the Treasurer deserves the gratitude of the people of Georgia for his conduct in the matter of the State's funds in the Citizens' Bank, as well also as for his efficiency and the good management of his office. Thanks tendered the Treasurer for efficiency and good management of his office. He found in this bank when he entered the office $332,432.75more than half of the whole amount of the State's funds at that time. He at once began drawing from this bank to meet all the demands of the State, so at the time of its suspension there was on deposit in said bank only $103,218.46, thus, as we think, saving to the State a large sum of money. We call especial attention to the books of the Comptroller-General's office. Said books are comprehensively, neatly and beautifully kept; the system is so thorough that the condition of any account in the office can be ascertained at a moment's notice. Respectfully submitted. Dupont Guerry, W. H. Mattox, J. F. Brown, From Senate Committee. A. W. Hill, S. D. Fuller, B. J. Davis, S. R. Christie, D. C. Bacon, From House Committee.

Page 705

INDEX TO PUBLIC LAWS. (For Index to Corporations, see Part II. of Index.) A. ACADEMY FOR THE BLIND Appropriation for, 16 ACCEPTANCES OF BILLS OF EXCHANGE Must be in writing, 62 ANIMALS Penalty for cruelty to, 142 ANSWERS IN EQUITY When to be filed, 68 APPROPRIATIONS For support of government 1881-82, 8 For support of government 1881-82, 32 For support of government to January 1st, 1883, 29 For Deaf and Dumb Asylum, 14 For Deaf and Dumb Asylum, 31 For I. Y. Sawtell, 14 For Vandyke, Cook Vandyke and N. J. Hammond, 35 For Lunatic Asylum, 15 For repair of public buildings at Milledgeville, 30 For University of Georgia, 16 For University of Georgia, 18 For Academy for the Blind, 16 For North Georgia College, 18 For New Code, 140 For State Library, 28 Register of bills, for, 175 To refund taxes to Home Insurance Company of New York, 17 To refund taxes to Underwriters' Agency of New York, 17 To refund taxes to Franklin Fire Insurance Co. of Philadelphia, 19 To refund taxes to Insurance Company of North America, 20 To refund taxes to Niagara Fire Insurance Co. of New York, 20 To refund taxes to Atlantic Fire Insurance Co. of New York, 22 To refund taxes to Girard Fire Insurance Co. of Pennsylvania, 22 To refund taxes to Fire Association of Philadelphia, 23 To refund taxes to American Fire Ins. Co. of Philadelphia, 23 To refund taxes to Williamsburg City Fire Insurance Company, 24 To refund taxes to Lorillard Fire Insurance Company, 25

Page 706

To refund taxes to Continental Insurance Company, 25 To refund taxes to German American Insurance Company, 26 To refund taxes to Pennsylvania Fire Insurance Company, 26 To refund taxes to Manhattan Fire Insurance Company, 27 To refund taxes to Ph[UNK]nix Insurance Company, 27 To refund taxes to Westchester Fire Insurance Company, 28 To pay balance of salary of Wm. W. Holt, 29 To pay State bond No. 225, 21 ARTIFICIAL LIMBS For non-resident Confederate soldiers, 50 ASSIGNMENTS By insolvent debtors, 174 B. BESTIALITY Penalty for changed, 74 BILLS OF EXCHANGE Acceptance of must be in writing, 62 BILLS OF EXCEPTIONS Service of on nonresidents, 65 To be signed when, 114 Practice as to, 114 BOOK-KEEPERS Exempt from jury duty, 114 BONDS Of county officers not filed in time, 94 Judgment against securities on replevy, 110 Municipal corporations may forfeit, 176 BRIDGES Contracts for public, 132 BUILDINGS Of counties contracts for, 183 BUYING VOTES Penalty for, 129 C. CATTLE Driving or grazing diseased, 143 CERTIORARI Magistrate's return to, how traversed, 57 CLERKS Of Superior Courts disqualified for Justices of the Peace, 71 Of Superior Courts, fees of, 87 CHATTLE MORTGAGES Foreclosure of, 126 CODEAmendments of Section 4161Answer of garnishees in Justice Courts, 56 4194Answers in equity, 68 72Appointment and term of State Librarian, 69

Page 707

Section 1950Bill of exchange, acceptance must be in writing, 62 4259Bills of exceptions, service of, 65 4505Delivery of books held by public officers, 76 205Disqualification of Judges, 58 326Disqualification of Ordinary, 72 1455Elections under fence laws, 60 3698Fees of jailers, 76 1449-1450-1451-1452-1453-and 1454Fence law extended to militia districts, 79 1711Grant of divorces, 65 4540Gaming, penalty for extended, 72 2048Homestead under section 2040, how to vest, 69 1562Inspection of grain in bulk, 77 4368Kidnapping, age of children, 74 1631License of peddlers, 75 4612Maiming hogs, penalty for, 73 1987, 1989, 1978, 1992 and 1994Mistakes of reference in lien laws, corrected, 63 1408Penalty for keeping unlicensed drug store 67 4355Penalty for bestiality changed, 74 4109 Post mortem examination, scope of, 59 3976Postponement of sale of mortgaged personalty, 55 4548Prohibiting sale of lottery tickets, repealed, 62 441Qualifications for Justice of the Peace, 71 1377Quarantine jurisdiction of Darien, 70 4066Return of Magistrate to certiorari , how traversed, 57 1633Sale of goods by sample, 75 4549Sale of lottery tickets, etc., 62 3514Service of subp[UNK]nas duces tecum , 78 3509Service of notice to produce books, etc., 78 3972Speedy sale of mortgaged personalty, 56 3648Summary sale of personalty, notice of, 60 4139Summons in Justice Courts, 66 1312Time of convening Presidential electors, 67 CODE Provisions for new, 140 CONDITIONAL SALE Of personalty, 143 CONDUCTORS Of trains, police power of, 138 CONFEDERATE SOLDIERS Artificial limbs for nonresident, 50 CONSTABLES Sales of perishable property, 82 CONSTITUTIONActs in pursuance of Artificial limbs for maimed soldiers, 50 County lines, change of, 52 House of Representatives, re-apportionment of, 51

Page 708

CONTRACTS Letting of for public bridges, 132 For county buildings, etc., 183 CONVICTS Inspection and control of, 106 Hire of, 98 CORONERS Powers of in certain examinations, 59 CORPORATIONS How formed by purchasers of railroads, 130 131 143 COTTON Cutting bagging from bales prohibited, 178 Sale of seed cotton in night prohibited, 175 Stealing, penalty for, 150 Toll, exempt from sale, 180 COUNTY Boards of education, qualifications for, 97 Buildings, etc., contracts for, 183 Courts, sales under process from, 111 Courts, compensation of jurors, 113 Courts, drawing, etc., of jurors, 122 Judge, disqualification of, 110 Lines, how changed, 52 COUNTY OFFICERS Bonds of, not filed in time, 94 Clerks of Superior Courts, fees of, 87 Constables' sale of perishable property, 82 Dockets of Justices, how furnished 84 Fees of, where not fixed by law 92 Insolvent costs of Justices and Constables in preliminary investigations, 86 Jailers fees of, 76 Sheriffs' fees of 90 Tax-Collectors not ex-officio Sheriffs, 83 Tax fi. fas. , fees for collecting, 83 Weighers of cotton, fees of, 89 COUNTY SCHOOL OFFICERS Removal of, 100 COURTS County, Judge of disqualified, 110 Justices, summons from, 66 Justices, practice in, 111 Ordinary, proceeding when disqualified, 72 Municipal, may forfeit bonds or commit, 176 Superior, papers to be recorded, 93 Supreme, pauper oath for cases in, 120 Supreme, practice in, 123 Supreme, reports to be electrotyped, 141

Page 709

CRUELTY TO ANIMALS Penalty for, 142 D. DARIEN Quarantine, jurisdiction of, 70 DEAF AND DUMB ASYLUM Appropriations for, 14 Appropriations for, 31 Day scholars at 96 DEBTORS Insolvent proceedings against, 124 DENTISTS Exempt from jury duty, 112 DISQUALIFICATION Of County Judge, 110 Of Ordinary, 72 Of Judges generally, 58 DIVORCES Method of obtaining 65 DIVORCED WIFE Former name restored, 121 DIVINE WORSHIP Carrying liquor to places of, 152 DOCKETS OF JUSTICES How furnished, 84 To be returned to Clerk Superior Court, 84 DISEASED CATTLE Driving or grazing, 143 DRUG STORE Penalty for keeping unlicensed, 67 E. EDUCATIONAL County Boards, qualifications for, 97 County officers, how removed, 100 Deaf and Dumb Institute, day scholars at, 96 Fund of State increased, 98 Medical diplomas, grant of, 99 State University, free tuition at, 16 State University, branch of at Hamilton, 100 State University, arms for students of branches, 103 State University, income of made permanent, 101 ELECTIONS By General Assembly, 178 Ballots in contested, delivery of 95 Managers, qualifications of, 151 Under fence laws, 60

Page 710

EQUITY Answers in, when to be filed, 68 Masters, practice as to, 118 Mortgages, foreclosure in 127 Proceedings in, against insolvent debtors, 124 F FELONY Jurors in cases of, 120 FENCE LAWS Applied to county divided by water course, 177 Elections under, 60 For militia districts, 79 FERTILIZERS Fees from inspections, how applied, 98 Inspection and analysis of, 129 FIRE ARMS Pointing at another, 151 FIRE HUNTING Penalty for, 142 FISCAL YEAR Change of, 29 FISH Killing by explosives, 135 FORECLOSURE Of chattel mortgages, fees for, 86 Of mortgages in equity, 127 G GAMING By servants or agents, punished, 72 GARNISHMENTS Answers to, 108 Answers in Justice Courts, 56 Practice as to, 108 GRAIN May be inspected in bulk, 77 H HAMILTON Branch of State University at, 100 HOMESTEAD Under section 2040 of the Code, how to vest, 69 HORSE OR MULE Of another, riding without consent, 136 HOUSE OF REPRESENTATIVES Re-apportionment of, 51

Page 711

I IMMIGRATION Act for encouraging, repealed, 181 INCORPORATION Of railroads, general law, 156 Of steam navigation companies, general law, 167 INSANITY Expenses of commission, how paid, 182 INSOLVENT COSTS Of Justices and Constables for preliminary investigations, 86 INSOLVENT DEBTORS Assignments by, 174 Proceedings against, 124 INSPECTIONS Of fertilizers, 129 Of convicts, 106 Of grain in bulk, 77 Of oils, 152 INSTRUCTIONS As to form of verdict, 115 INSURANCE COMPANIES Returns for tax, 47 IRON SAFES Dealers in taxed, 48 INTEREST Restrictions as to rate of, 149 J. JAILERS Fees of, 76 JOINT OBLIGORS Suits against in Justice Courts, 111 JUDICIAL CIRCUIT Northeastern created, 112 JUDGES Disqualification of, 58 JURORS Compensation of in County Courts, 113 In County Courts, 122 Tales in felony cases, 120 JURY Duty, dentists exempted, 112 Duty, pilots and book-keepers exempted, 114 Drawing of when lists are destroyed, 116 Lists, when destroyed, etc., 116 Revision of boxes, 124 JUSTICE COURTS Notice to produce books, etc., in, 78

Page 712

Practice in, 111 Subp[UNK]nas duces tecum from, 78 Summons in, 66 JUSTICES' DOCKETS How furnished, 84 To be returned to Clerk's office, 84 JUSTICES OF THE PEACE Clerks of the Superior Court disqualified for, 71 L LAND Divided by undetermined county lines, return for taxes, 49 LIEN LAWS Mistakes of reference in corrected, 63 LIQUORS Carrying to places of divine worship, 152 Employing minors in sale of, 135 Special tax on dealers in 42 LOTTERY TICKETS Sale of prohibited, 62 LUNACY Expenses of commission, 182 LUNATIC ASYLUM Appropriation for, 15 M MAIMING HOGS Penalty for, 73 MARIETTA AND NORTH GEORGIA RAILROAD State claim against, 145 MASTERS IN EQUITY Practice as to, 118 MEDICAL DIPLOMAS Penalty for unlawful granting, 99 When to be granted, 99 MEDICINE Practice of regulated, 172 MILITIA DISTRICTS Fence laws for, 79 MINORS Employment in sale of liquors, 135 MORTGAGES Foreclosure of chattel, 126 Foreclosure in equity 127 On personalty, postponement of sale, 55 On personalty, speedy sale, 56 MUNICIPAL CORPORATIONS May forfeit bonds and commit to jail, 176

Page 713

Tax sales by, 48 N. NORTHEASTERN CIRCUIT Created, 112 NORTH GEORGIA COLLEGE Appropriation for, 18 NOTICE To produce books, etc., in Justice Courts, 78 O. OFFICERS Delivery of public books held by, 76 OILS Inspection of, 152 ORDINARY Garnishments in Court of, 108 Practice, when disqualified, 72 P. PASSAGE OF TIMBER Penalty for obstructing, 180 PAUPER OATH In Supreme Court practice, 120 PEDDLERS License of, 75 PERISHABLE PROPERTY Sale of, 82 PERSONAL PROPERTY Conditional sale of, 143 Summary sale of, 60 PHARMACEUTIC EXAMINERS Board of, created, 184 PILOTS Exempted from jury duty, 114 POLICE POWERS Conferred on conductors, 138 POST-MORTEM EXAMINATIONS Provisions as to, 59 PRACTICE In Supreme Court, 123 Of medicine, regulated, 172 PRELIMINARY INVESTIGATIONS Insolvent costs for, 86 PRESIDENTIAL ELECTORS Time for convening changed, 67 PUBLIC Bridges, contracts for, 132 Buildings, etc., contracts for, 183

Page 714

Roads, extraordinary work on, 139 Schools, grading of teachers, 97 PURCHASERS OF RAILROADS Formations of corporations by, 130 131 134 147 Q. QUARANTINE JURISDICTION Of Darien extended, 70 R. RAILROADS General law for incorporating, 156 Purchasers of may form corporations, 130 131 134 147 Time for completing, under Act of December 5th, 1878, 134 RE-APPORTIONMENT Of House of Representatives, 51 RECORD Of original court papers, 93 REDEMPTION After municipal tax sales, 48 REPLEVY BONDS Judgment against securities on, 110 REVISION Of Jury boxes, 124 RICE Legal weight of rough, 150 RIDING HORSE OR MULE Of another without his consent, 136 ROADS Defaulters, service of notice on, 146 Extraordinary work on public, 139 S. SALES By constables of perishable property, 82 Of goods by sample, 75 Of personalty under process, 60 Of seed cotton at night, 175 Under process from county courts, 111 SCHOOLS Disturbance of, 144 Removal of officers of county, 100 SHERIFFS Fees of, 90 STATE Claim of against Marietta and North Georgia Railroad, 145

Page 715

Line between, and North Carolina, 147 Sale of certain lots belonging to, 136 STATE LIBRARY Appropriation for, 28 STATE LIBRARIAN Appointment and term, 69 STATE UNIVERSITY Arms for students of, 103 Branch of at Hamilton, 100 Free tuition at, 16 Income made permanent, 101 STATE VOLUNTEERS Organization and discipline, 104 STEALING COTTON Penalty for, 150 STEAM NAVIGATION COMPANIES General law for incorporation of, 167 SUBP[UNK]NAS DUCES TECUM From Justice Courts, service of, 78 SUITS Against telegraph companies, 115 SUMMONS From Justice Courts, 66 SUPREME COURT Pauper oath for, 120 Practice in, 123 Reports to be electrotyped, 141 Sheriff of, 181 T. TAX COLLECTORS No longer ex-officio Sheriffs, 83 TAX COLLECTORS AND RECEIVERS Offices consolidated, compensation for, 85 TAXES By counties, for support of paupers, 49 By counties, how levied and collected, 41 Executions for insolvent, how collected, 45 Fi. fas. fees for collecting, 83 For support of Government 1881-2, 36 On wild lands, 45 On dealers in iron safes, 48 Returns of Insurance Companies, 47 Returns of land divided by undetermined county lines, 49 Sales for by municipal corporations, 48 Special, on liquor dealers, 42 TEACHERS Of Public Schools, how graded, 97

Page 716

TELEGRAPH COMPANIES Suits against, 115 TIMBER Obstructing passage of, 180 TOLL COTTON Exempted from sale, 180 TOWNS Additional powers conferred on, 179 U. UNIVERSITY OF GEORGIA Arms for students of, 103 Branch of at Hamilton, 100 Free tuition at, 16 Income made permanent, 101 USURY Law as to, amended, 149 V. VACCINATION Of pupils in public schools, 98 VERDICTS Instructions as to form of, 115 VILLAGES Additional powers conferred on, 179 VOLUNTEER TROOPS OF STATE Organization and discipline, 104 VOTES Penalty for buying or selling, 129 W. WEIGHERS OF COTTON Fees of, 89 WIFE Competent witness against husband, 121 Former name restored, when divorced, 121 WILD LAND Return for taxes and record of, 45

Page 717

PART II.Corporations. BANKS AND INSURANCE COMPANIES Athens Mutual Insurance Company incorporated, 210 213 Atlanta Home Insurance Company incorporated, 222 224 Charter of Augusta Savings Institution amended, 208 200 Charter of Citizen's Bank of Augusta amended, 217 Charter of National Mercantile Debt Assurance Co., amended, 213 214 Citizens' Savings Bank of Savannah incorporated, 217 222 Citizens' Bank of Augusta incorporated, 191 194 City Bank of Augusta incorporated, 205 208 Commercial Bank of Savannah incorporated, 225 230 Dahlonega Savings Bank incorporated, 214 216 Planters' Banking and Warehouse Company of Camilla incorporated, 194 197 Savannah Fire and Marine Insurance Company incorporated, 201 205 Savannah Storage Company incorporated, 197 201 RAILROADS AND CANAL COMPANIES Amendatory of an Act for constructing a Railroad from Athens to Clayton, Georgia, 273 274 Atlanta and Alabama Railroad Company incorporated, 234 237 Broad River Railroad Company incorporated, 261 263 Buena Vista Railroad incorporated, 232 234 Brunswick and Flint River Railroad Company incorporated, 301 303 Cedartown Railroad Company incorporated, 336 337 Charter of Bainbridge, Cuthbert and Columbus Railroad Company amended, 331 Charter of Gainesville, Jefferson and Southern Railroad Company amended, 241 242 243 Charter of Gate City Street Railroad amended, 274 276 Charter of Railroad from Elberton to New York, and New Orleans Air-Line amended, 303 304 Charter of Savannah, Florida and Western Railway amended, 260 261 Charter of Skidaway Narrows Canal Co. amended 247 Charter of Stone Mountain Granite and Railway Co. amended, 243 Charter of Talbotton Branch Railroad Company amended, 327 Charter of Walton Railroad amended, 276 Chattahoochee Canal Company incorporated, 284 288 Cincinnati and Georgia Railroad Company incorporated, 250 257 Cleveland and Lula Railroad Company incorporated, 249 250 Covington and North Georgia Railroad Co. incorporated, 324 326 Covington and Ocmulgee Railroad Company incorporated, 326 327 Covington and South River Railroad Co. incorporated, 270 272 Cummings and Suwanee Railroad Company incorporated, 292 293

Page 718

Elberton and Petersburg Railroad Company incorporated, 334 336 Elberton and Point Peter Railroad Company incorporated, 332 334 Etowah and Blue Ridge Railroad Company incorporated, 340 342 Gainesville, Blairsville and State Line Railroad Company incorporated, 280 284 Georgia Southern and Florida Railroad Co. incorporated, 277 279 Greenville and White Sulphur Springs Railroad Company incorporated, 299 301 Indian Springs Railroad Company incorporated, 294 296 Kingston, Walesca and Gainesville R. R. Co, incorporated 328 330 Logansville Railroad Company incorporated, 272 273 Middle Georgia Railroad Company incorporated 310 311 Milltown Branch Railroad Company incorporated, 258 259 Monticello and Trans-Ocmulgee Railroad Co. incorporated, 296 299 Rome and Carrollton Railroad Company incorporated 243 246 Rome and Chattanooga Railroad Company incorporated, 238 240 Rome Canal and Water Company incorporated, 308 310 Rome Southern Railroad Company incorporated, 304 308 Romney Marsh Canal and Navigation Co. incorporated, 289 292 Savannah Freight Tramway Company incorporated, 312 318 Savannah Transportation Company incorporated, 318 324 South Side Street Railroad Company incorporated, 338 340 Tennille and Wrightsville Railroad Company incorporated, 268 269 Union Railroad Company incorporated 263 268 Vernon and Ogeechee Canal Company incorporated, 247 248 STEAMBOAT COMPANIES Augusta Canal and Savannah River Steamboat Company incorporated, 345 346 Merchants' and Planters' Steamboat Company incorporated, 343 344 Red Line Steamboat Company incorporated, 346 347 TELEGRAPH AND TELEPHONE COMPANIES Atlantic and Mississippi Telegraph Co. incorporated, 349 351 Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company incorporated, 348 349

Page 719

INDEX TO LOCAL AND PRIVATE LAWS. A. ALAPAHA Town of incorporated, 484 AMERICUS Authorized to increase indebtedness, 356 Appropriation of money for schools, 357 ARLINGTON Town of incorporated, 435 ATHENS Appropriation of certain money changed, 358 Tax for payment of bonds changed, 357 ATLANTA Charter of amended, 358 Jury Commissioners for City Court, 555 Trial of civil cases in City Court, 557 AUGUSTA Amending Act for Board of Health, 365 Amending Act for Police Commissioners, 369 Amending Act as to term of Mayor, 371 B. BAKER COUNTY Board of Commissioners created, 513 Commissioners may levy tax, 517 BALDWIN COUNTY Place of Sheriff's sales, 526 Salary of Treasurer, 532 Terms of Superior Court changed, 505 BETHLEHEM CHURCH Sale of liquor in vicinity of prohibited, 595 BIBB COUNTY Sale of liquors in 483rd district, G M., regulated, 632 Sale of farm products in, 653 BIBB LOAN AND BUILDING ASSOCIATION Relieved from certain taxes, 667 BLACKSHEAR Town of re-incorporated, 450 BOWDON Corporate limits changed, 435

Page 720

BROOKS COUNTY Board of Commissioners for established, 518 BRUNSWICK CIRCUIT Terms of Superior Courts of revised, 497 BRYAN COUNTY License for sale of liquors in increased, 618 Local road laws repealed, 639 BUCHANAN Charter of town amended, 464 BULLOCH COUNTY Terms of Superior Courts changed. 504 Transferred to Middle Judicial Circuit, 498 BURKE COUNTY Extra compensation for Sheriff and Clerk of, 528 Sale of liquor in regulated, 630 BUTLER Public schools for town of, 418 C. CALDWELL, JOHN Relief of estate of, 662 CAMDEN COUNTY Law for registration of voters repealed, 655 Licenses for sale of liquors in, 612 CAMERON, J. A. Securities on bond of relieved, 659 CAMILLA Charter of amended, 372 Charter of amended, 372 CARROLL COUNTY Sale of liquor in 714th district, G. M., prohibited, 592 CARTERSVILLE Public schools of abolished, 454 CHARLTON COUNTY Licenses for sale of liquor in, 607 609 CHATHAM COUNTY Limits of militia districts in defined, 654 CHATTOOGA COUNTY Commissioners of Roads, etc., for, 538 CITY BUILDING AND LOAN ASSOCIATION Relieved from certain taxes, 660 CLARKE COUNTY Authorized to issue bonds for county debts, 510 Issue of new bonds for, 656 Payment of debt of, 652 Sale of liquors in 217th, 218th and 220th districts, G. M., regulated, 631 CLARKESVILLE Charter of amended, 431

Page 721

CLAYTON COUNTY Terms of Superior Courts changed, 504 CLAYTON, D Fishing on land of in 16th district of Lowndes county prohibited, 672 CLEVELAND Sale of liquors in prohibited, 592 CLINCH COUNTY Burning woods of another in, 653 Boundaries of certain lands in, 655 Camp hunting in prohibited, 586 Licenses for sale of liquor in, 601 Seining for fish in creeks of prohibited 587 COBB COUNTY Board of Commissioners of Roads, etc., for, 515 COCHRAN Charter of town amended, 400 COFFEE COUNTY Sale of liquors in regulated, 594 COLUMBIA COUNTY Commissioners of may elect their clerk, 531 CONYERS Charter of amended, 373 Error in date of charter corrected, 374 D. DAHLONEGA Charter of amended, 446 DALTON Public schools for, 480 DAVISBORO CHURCH Sale of liquors in vicinity of prohibited, 629 DAWSON COUNTY Terms of Superior Courts changed, 496 DECATUR Charter of amended, 460 DeKALB COUNTY Road work in, 640 DELHI Sale of liquor at prohibited, 618 DeSOTO Town of re-incorporated, 455 DODGE COUNTY County Court of abolished, 571 Licenses for sale of liquor in, 613 DOOLY COUNTY Sale of liquor in prohibited, 599 DOUGHERTY COUNTY Authorized to purchase bridge over Flint river, 532

Page 722

Compensation of Commissioners of, 542 DOUGLAS COUNTY Change of court-house square of, 531 Commissioners of retained for special purposes, 549 Consolidation of county officers repealed, 513 Gates across roads of, 534 E. EARLY COUNTY Bond of Sheriff reduced, 521 EASTMAN Election for Mayor and Aldermen in, 440 Licenses for sale of liquor in, 613 EFFINGHAM COUNTY Licenses for sale of liquor in, 597 ELBERTON Charter of amended, 422 EMANUEL COUNTY Board of Commissioners for, 552 ETOWAH CITY Incorporated, 412 F. FANNIN COUNTY Terms of Superior Court fixed, 499 FLOYD COUNTY Commissioners authorized to purchase bridges, 540 Exempt from operation of section 671 Code of 1873, 639 Exempt from operation of Act of September 29th, 1879, as to letting contracts for public works, 640 FORSYTH Sale of liquors in regulated, 626 FRANKLIN Town of re-incorporated, 468 FULTON COUNTY Board of Commissioners for, 508 Commissioners, additional powers, 546 Work by chain-gang on roads of, 638 G. GILMER COUNTY Terms of Superior Court fixed, 499 GLYNN COUNTY Authority of Commissioners over bonds of county officers, 550 Commissioners authorized to issue bonds, 523 Sale of liquors in regulated, 610

Page 723

GREENE COUNTY Compensation of Treasurer, 512 Consolidation of offices of Tax Receiver and Sheriff repealed, 512 Sale of liquors in regulated, 533 GREENVILLE Charter of amended, 441 Sale of liquors in regulated, 602 GRIFFIN Charter of amended, 375 Charter of amended, 377 GROVETON Town of incorporated, 487 GWINNETT COUNTY Sale of liquors in regulated, 625 H. HABERSHAM COUNTY County Court of abolished, 568 HALL COUNTY City Court for created, 558 Grand juries for, 657 HAMMETT, H. R. Payment to of money from sale of wild lands, 662 HANCOCK COUNTY Payment of insolvent costs in, 658 HARALSON COUNTY Passage of fish in waters of, 587 HAWKINSVILLE Charter of amended, 407 HENRY COUNTY Terms of Superior Court changed, 492 HOME BUILDING AND LOAN ASSOCIATION Relieved from certain taxes, etc., 668 HOUSTON COUNTY Sale of liquors in prohibited, 600 HOWARD, J. W. Authority given to as Elder of Columbus Baptist church, 665 J. JACKSON COUNTY Order of cases in Superior Court to be published, 505 JEFFERSON COUNTY Sale of liquors in prohibited, 608 JONES, J. B. Fishing on land in Lowndes county prohibited, 672 JONESBORO' Charter of amended, 397

Page 724

K. KELLY, C.F Reward for arrest of, 672 LAFAYETTE Sale of liquor in prohibited, 622 LAURENS COUNTY Terms of Superior Courts changed, 495 LAWTONVILLE Charter of repealed, 484 LEARY Town of incorporated, 448 LEE COUNTY Licenses for sale of liquors in, 619 LINCOLN COUNTY Compensation of county officers of, 527 LONG CANE License for sale of liquor in, 616 LOUISVILLE Sale of liquors in prohibited, 420 LOWNDES COUNTY Sale of liquors in prohibited, 596 LUTHERSVILLE Sale of liquors in prohibited, 634 LUMPKIN COUNTY Terms of Superior Court changed, 496 M. MACON Board of Health created for, 383 Charter amended, 379 Charter amended, 380 Purchase of Holdridge property by, 387 Recorder's Court established, 388 Regulations for bonded debt, 381 Water supply for, 383 MACON COUNTY Sale of liquors in regulated, 636 Spring terms of Superior Court changed, 502 MADISON COUNTY Board of Commissioners of abolished, 544 MARION COUNTY Terms of Superior Court changed, 501 McVILLE Town of incorporated, 470 MECHANICS BUILDING AND LOAN ASSOCIATION Relieved from certain taxes, etc., 669

Page 725

MILLEDGEVILLE Charter amended, 424 MILLEN Town of incorporated, 490 MILTON COUNTY Commissioners of abolished, 514 MITCHELL, R. C. CO. Certain privileges granted, 663 MITCHELL COUNTY Clerk of Commissioners of, how paid, 515 Commissioners of authorized to levy tax, 527 Court-house provided for, 529 Spring terms of Superior Court changed, 495 Terms of Superior Courts fixed, 503 MONROE COUNTY Running at large of stock in, 648 MONTGOMERY COUNTY Licenses for sale of liquors in, 615 Terms of Superior Court changed, 498 MORRIS, D. M. Power granted to as Deacon of Columbus Baptist church, 665 MOUNT CARMEL CHURCH Sale of liquor in vicinity of prohibited, 619 MOUNT PLEASANT CHURCH Sale of liquors in vicinity of prohibited, 595 MUSCOGEE COUNTY County Court of abolished, 569 N. NEWNAN Corporate limits extended, 409 NEWTON COUNTY Commissioners authorized to levy tax, 528 NORTHEASTERN CIRCUIT Superior Court calendar for, 500 O. OUTLAW, E. Fishing in waters of in Lowndes county prohibited, 672 P. PALMETTO Charter amended, 432 PELHAM Town of incorporated, 444 PENFIELD Town of, how governed, 476

Page 726

PICKENS COUNTY Terms of Superior Court fixed, 499 PISGAH CHURCH Sale of liquors in vicinity of prohibited, 595 POLK, E. Relief of, 671 POLK COUNTY Commissioners of Roads, etc., created for, 543 Contracts for public works, how let, 643 Sale of liquors in regulated, 621 PROSPECT CHURCH Sale of liquors in vicinity of prohibited, 617 PUTNAM COUNTY Stock prevented from running at large, 645 Q. QUITMAN Charter of amended, 427 QUITMAN COUNTY Terms of Superior Courts changed, 501 R. RANDOLPH COUNTY County Court of abolished, 570 Sale of liquors in regulated, 624 REFORMED MEDICAL COLLEGE Removal of, 651 REYNOLDS Town of authorized to issue bonds for schools, 489 RICHMOND COUNTY City Court of established, 574 Compensation Solicitor of County Court, 569 County Court of abolished, 585 County police, 551 Insolvent costs in, 533 Payment of insolvent costs in, 650 RISING FAWN Town of incorporated, 438 ROME Public schools for, 421 ROUSE, H. H. Securities on bond relieved from penalty, 664 S. SANDERSVILLE Public schools for, 429 SAVANNAH Judge and jurisdiction of City Court, 571

Page 727

Registration of voters, 391 SAVANNAH AND OGEECHEE CANAL Bridge over, 641 SCHLEY COUNTY Terms of Superior Courts changed, 494 SCREVEN COUNTY County Court abolished, 584 Fence law for certain districts of, 647 New Commissioners for, 545 Reckless killing of fish in prohibited, 589 Sale of liquors in, license for, 593 SHARPSBURG Charter of amended, 478 SHILOH CHURCH Sale of liquor in vicinity of prohibited, 593 STEWART COUNTY Transferred to Southwestern Circuit, 494 STOCKTON Sale of liquor in prohibited, 602 STONEWALL RIFLES Bondsmen of relieved, 673 SUMMERVILLE Charter of town amended, 488 SUMTER COUNTY Sale of liquors in regulated, 628 T. TALBOTTON Charter of amended, 479 TALIAFERRO COUNTY Compensation for Commissioners of, 542 TALLAPOOSA New charter for, 410 TATNALL COUNTY Hunting or fishing on another's land prohibited, 588 TAYLOR COUNTY Reduction of number of Commissioners, etc., 547 TELFAIR COUNTY Licenses for sale of liquors in, 616 THOMAS COUNTY Killing, etc., of partridges in, 588 THOMASTON Authorized to issue bonds for education, 483 TICE, W. H. Relief of an Deacon Columbus Baptist church, 665 TROUP COUNTY Terms of Superior Court changed, 503

Page 728

TWIGGS COUNTY Commissioners may buy property sold for taxes, 554 U. UNIONVILLE CHURCH Sale of liquors in vicinity of prohibited, 620 UPSON COUNTY Terms of Superior Court changed, 502 V. VAN EPPS, HOWARD Claim of for insolvent costs, 679 W. WALKER, JAMES Purchase money to be refunded to, 661 WALTON COUNTY County Court for established, 573 Sale of liquors in regulated, 634 WASHINGTON COUNTY Sale of liquors in regulated, 604 Terms of Superior Courts changed, 493 WAYNESBORO Corporate limits extended, 410 WEBSTER COUNTY Commissioners for established, 521 Consolidation of offices of Treasurer and Clerk Superior Court repealed, 518 License for sale of liquors in, 609 WESTERN CIRCUIT Compensation for Solicitor-General of, 651 WEST END Charter of town amended, 425 WESTON Charter of town repealed, 460 WHITE COUNTY Sale of liquors in 427th district, G. M., prohibited, 612 WILKINSON COUNTY Sale of liquors prohibited, 623 WORTH COUNTY Commissioners of Roads etc. for, established, 535 Sale of liquors in regulated, 633 WRIGHT, A. R. Certain money to be refunded to, 661

Page 729

INDEX TO RESOLUTIONS. Advisability of erecting a new capitol, 686 Analytical index of Georgia reports, 690 Authorizing President of the Senate and Speaker of the House to sign bills after adjournment, 694 Authorizing sale of old post-office fixtures at Atlanta, 677 Balance of salary due Hon. J. T. Glover, 694 Balance of salary due Hons. A. J. Hansell and John Wilcox, 695 Boundary line between Georgia and South Carolina, 692 Celebration of anniversary of battle of Yorktown, 681 Census returns for Georgia, 699 Col. C. C. Jones allowed access to State archives, 701 Commissioner of Agriculture authorized to loan minerals to Colleges of the State, 700 Committee to confer with authorities of Atlanta as to new capitol, 693 Directing inquiry into lease of Western and Atlantic R. R., 680 Examination of hand-book of forms prepared by Silman and Thompson, 678 Expenses of Committee on Western and Atlantic R. R., 689 Expressing sentiments as to President's assassination, 691 Funds from sale of State property, 700 Governor authorized to sell land in Bibb county, 677 Governor requested not to issue certain bonds, 678 Harrison, W. H., authorized to publish laws, 689 In reference to adjournment, 693 In relation to State Geologist, 696 In relation to Georgia State Lottery, 688 Investigation of obstructions in Savannah river, 683 Investigation of escape of James Denton, convict, 683 Investigation of leases of Indian Springs, 685 Investigation of lease of Western and Atlantic Railroad 701 Looking to provision for colored lunatics, 699 Looking to establishment of assay office at Dahlonega, 702 Notifying Governor of recess of General Assembly, 679 Payment of printing bills of Railroad Commission, 682 Payment of mileage for General Assembly, 695 Payment of coupons of certain bonds of Macon and Brunswick Railroad refused, 697 Providing for examination of new edition of Code, 676 Providing for valuation of old capitol, 690

Page 730

Publication of public Acts of 1880, 698 Purchase of certain Supreme Court reports, 697 Recommending Mitchell's system of book-keeping, 682 Report of balance due school officers and teachers for year 1871, 676 Requesting Congressmen from Georgia to endeavor to secure appropriations for education, 684 Requesting Congressmen from Georgia to endeavor to secure appropriations for Georgia rivers, 679 Requesting President to pardon violators of revenue laws, 688 Sale of Baldwin county bridge bonds, 687 Sale of certain land belonging to the State, 684 State Treasurer authorized to pay interest due on bonds from Nos. 980 to 999, issued under Act of 1856, 686 Suppression of violence in city of Savannah, 695 Surrender of charter of Bank of Athens accepted, 678 Thanks tendered Hon. R. N. Ely, 698 Valuation of capitol at Milledgeville accepted, 681

Page 732

Statement of Receipts and Expenditures at the Treasury from October 1 st , 1880, to October 7 th , 1881. RECEIPTS. DISBURSEMENTS. Balance in Treasury October 1st, 1880 $ 686,240 47 On account Academy for the Blind, 1880 $ 3,000 00 From show tax, 1880 4,819 00 On account Academy for the Blind, 1881 3,000 00 From show tax, 1881 269 05 On account State University, 1881 8,000 00 From Tax insurance agents, 1880 1,071 00 On account Atlanta University, 1881 8,000 00 From Tax insurance agents, 1881 927 00 On account Civil establishment, 1880 23,756 80 From Liquor tax, 1878 22 50 On account Civil establishment, 1881 78,933 90 From Liquor tax, 1879 249 08 On account Civil establishment, 1878 377 64 From Liquor tax, 1880 23,722 51 On account Civil establishment, 1879 500 00 From Liquor tax, 1881 23,572 75 On account Contingent fund, 1880 2,330 75 From Insurance tax, 1881 2,380 10 On account Contingent fund, 1881 7,532 73 From Insurance tax, 1881 11,766 63 On account Contingent expenses Sup. Court, 1880 324 35 From Railroad tax, 1880 2,035 54 On account Contingent expenses Sup. Court, 1881 279 16 From Railroad tax, 1881 37,715 83 On account Contingent expenses R. R.Com'rs, 1881 400 00 From Insurance fees, 1880 67 50 On account Commissioner Agriculture, 1880 8,300 00 From Insurance fees, 1881 2,992 50 On account Commissioner Agriculture, 1881 6,500 00 From General tax, 1873 500 00 On account Clerk Supreme Court, 1881 483 25 From General tax, 1874 945 00 On account Claim vs . Macon Brunswick R.R.1881 316 30 From General tax, 1875 70 50 On account Fund for artificial limbs, 1881 825 00 From General tax, 1876 70 50 On account Funded debt, 1881 500 00 From General tax, 1877 320 50 On account Institute Deaf and Dumb, 1880 3,750 00 From General tax, 1878 970 50 On account Institute Deaf and Dumb, 1881 15,000 00 From General tax, 1879 5,630 99 On account Lunatic Asylum, 1880 41,458 36 From General tax, 1880 792,956 50 On account Lunatic Asylum, 1881 65,277 70 From Tax sewing machine companies, 1879 200 50 On account Library fund, 1880 2,385 79 From Tax sewing machine companies, 1880 401 00 On account Legislative pay roll, 1880 42,613 00 From Tax sewing machine companies, 1881 1,800 00 On account Land script fund, 1881 6,314 14 From Tax billiard tables, 1880 2,205 00 On account Over payments, 1880 4,299 04 From Tax billiard tables, 1881 2,452 50 On account Printing fund, 1881 6,819 00 From Tax auctioneers, 1880 292 50 On account Penitentiary fund, 1880 24,559 73 From Tax auctioneers, 1881 202 50 On account Public buildings, 1880 2,000 00 From Tax on games, 1880 112 50 On account Public buildings, 1881 8,300 00 From tax on games, 1881 22 50 On account Public debt 646,735 80 From Tax on special nostrums, 1880 208 13 On account Salary Chemist 3,249 99 From Tax on special nostrums, 1881 279 00 On account Salary Inspectors 5,607 28 From Photographic tax, 1880 342 00 On account Salary R. R. Com'rs, 1880 and 1881 8,124 99 From Dividends from stock, 1880 2,778 00 On account Salary Clerk Com'rs, 1880 and 1881 1,373 33 From Tax lightning rod agents, 1880 67 50 On account Special appropriation, 1881 38,465 86 From Sale of engine, 1881 300 00 On account Supreme Court Reporter, 1881 5,250 00 From Earnings Macon and Brunswick Railroad, 1879 4,608 12 On account School fund, 1880 183,956 34 From Tax on express companies, 1880 510 37 On account School fund, 1881 3,325 24 From Tax on express companies, 1881 1,078 51 On account School fund, 1882 922 65 From Claim vs . John Harris et al. 2,328 19 On account Solicitors General, 1881 1,450 00 From Tax on telephone companies, 1881 154 26 On account Trustees Lunatic Asylum, 1881 1,125 00 From Tax on telegraph companies, 1880 1,044 25 On account West. Atlantic R. R. change bills, 1881 1 85 From Tax on telegraph companies, 1881 919 07 On account Balance in Treasury, Oct. 7th, 1881 794,547 51 From Interest on sale of North South R. R., 1880 1,417 50 From Wild land tax, 1880 295 22 From Wild land tax, 1874, 1875 and 1876 254 75 From Fees officers, 1881 83 50 From Rent public buildings, 1880 629 50 From Rent Western Atlantic Railroad, 1881 300,000 00 From Tax sleeping car companies 1880 182 56 From Tax sleeping car companies 1881 203 19 From Hire of convicts, 1879 2,830 45 From Hire of convicts, 1880 24,925 01 From Insolvent general tax, 1880 1,069 31 From Interest on Oconee bridge bonds, 1880 112 00 From Interest on sale Memphis B. Railroad, 1880 630 00 From Interest on hire convicts, 1880 2,705 33 From Inspectors' fees, 1881 72,192 09 From Tax sewing agents 1881 387 00 From Sale North South Railroad, 1880 40,500 00 From Tax lightning rod dealers, 1881 67 50 From Penalties, 1880 165 22 $2,070,272 48 $2,070,272 48

Page 735

We furnish all Legal Blanks, Lien Notes, Letter and Note Heads, Envelopes, Cards, Etc. LAW BRIEF PRINTING A SPECIALITY. Jas. P. Harrison Co. , PROPRIETORS The Franklin Steam Printing Works, ATLANTA, GEORGIA . Have now in press the NEW CODE OF GEORGIA. Price $10 00 And for Sale: SINGLE COPY. Supreme Court Reports, (Vol. 65 in press). Can furnish any Vol. $ 5 50 Journals of the Constitutional Convention of 1877. Price 3 50 The Constitution of Georgia for 1868. Price 25 Georgia Laws for 1874, '75, '77 and '79. Price per Volume 2 50 Journal of the General Assembly, years above mentioned, per Volume 3 00 Rules Superior Courts of Georgia, adopted by Judges in Conven- tion, in 1879. Price 50 Exposition of the Bonds of Georgia, and Railroad Bonds endorsed by the State, valid and invalid, 50 Harris' Digest, 6 00 Hopkins' Digest, 6 00 Biographical SketchesMembers of the General Assembly of 1879 and '80, per Volume 1 50 Georgia State Gazetteer, 800 pages. Price 5 00 History of Atlanta, noting its Rise, Progress and Prosperity since its destruction by the Federal army in 1864. Price 1 00 [UNK] Orders by mail receive as prompt attention as if delivered in person. P. O. DRAWER 8.