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 18820000 English Page 1 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1882-83. 18820000 18830000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GA.: Jas. P. Harrison, State Printer. 1883. Page 3 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.EDUCATIONPUBLIC. Title VII.MILITARY. Title VIII.CONVICTS. Title IX.JUDICIARY. Title X.MISCELLANEOUS. PART II.CORPORATIONS. Title I.BANKS, INSURANCE, LOAN AND TRUST 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.EDUCATION. Title X.MISCELLANEOUS. PART IV.PRIVATE LAWS. Title I.PRIVATE. PART V.RESOLUTIONS. Title I.RESOLUTIONS. Page 5 STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1882-83. Part I.Public Laws. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CONSTITUTION. Title IV.CODE. Title V.COUNTY OFFICERS. Title VI.EDUCATIONPUBLIC. Title VII.MILITARY. Title VIII.CONVICTS. Title IX.JUDICIARY. Title X.MISCELLANEOUS. Page 7 TITLE I. APPROPRIATIONS. ACTS. For Support of Government 1883-84. For Deficiency in Contingent and other Funds for the year 1882. For Sale of Certain Bonds of the United States. For the University of Georgia. For Copies of Georgia Form Book. For James B. Palmer. For New Buildings at State Lunatic Asylum. For State Capitol. To Supply Supreme Court Reports to Certain Counties. To C. F. Crisp, balance of salary as Judge. To Oglethorpe Light Infantry. To Jno. M. Stubbs, D. M. Roberts and J. F. DcLacy. For Insurance of Public Buildings and State Library. For Deficiency in Contingent Fund for the year 1883. For Contingent Expenses of General Assembly for Session of 1883. For Relief of J. E. McGuire. For Repairing Buildings of State University. For Funeral Expenses of Governor A. H. Stephens. For Relief of M. L. D. Pittman. For Wild Land Office. Page 8 For Deficiency in Printing Fund of Railroad Commission. For O. H. Roberts. For Repairing and Refitting of Certain Public Buildings. For Academy for the Blind, for Certain Purposes. For Purchasing and Binding Books for State Library. For Stationery Accounts General Assembly, Session of 1883, and to Bind Enrolled Copies o Acts FOR THE SUPPORT OF GOVERNMENT1883-1884. No. 12. An Act making appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for fiscal years eighteen hundred and eighty-three and eighteen hundred and eighty-four. 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 1883 and 1884 to the persons, and for the purposes, respectively hereinafter mentioned: Appropriations for the years 1883-4. For the salary of the Governor of the State, three thousand dollars. SalariesGovernor. For the salary of the Secretary of State, two thousand dollars. Secretary of State. For the salary of the Comptroller-General, two thousand dollars. Comptroller General State Treasurer. For the salary of the State Treasurer, two thousand dollars. For the salary of the Attorney-General, two thousand dollars. Attorney General. For the salary of the State Librarian, fifteen hundred dollars. State Librarian. For the compensation of the secretaries, messenger and clerical force in the Executive Department, six thousand dollars. Secretaries, etc., of the Executive Departm't. For the salary of the clerk of the Secretary of State, one thousand dollars. Clerk of the Secretary of State. For compensation of clerks in Comptroller-General's office, including the insurance department and clerk in the wild land office, four thousand dollars. Clerical expenses of Comptroller General's office For 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 practical way, in going to and returning from the capital. Per Diem and Mileage of President of the Senate and Speaker of the House of Representatives. For compensation of the members of the General Assembly during the session, four dollars per diem, each, and the same mileage allowed the President of the Senate and Speaker of the House of Representatives. Per Diem and Mileage Members of the General Assembly. Page 9 That the sum of fifteen dollars, each, or so much thereof as may be necessary, be appropriated to pay the actual expenses of the several committeemen of the Senate and House in visiting the various public institutions of the State, to be paid on an itemized statement furnished by the members of said committees. Expenses of Senate and House Committees in visiting public institutions. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem for the 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 the Senate. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem for the 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 of Representatives. For compensation of the doorkeeper of the Senate, doorkeeper 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 allowed members of the General Assembly. Compensation of officers and Employees of the General Assembly. For compensation of one gallery keeper for the Senate and of two assistant doorkeepers and two gallery keepers for the House of Representatives, four dollars per diem , each. For compensation of the chaplains of the Senate and of the House of Representatives, each, one hundred dollars. Chaplain of Senate and House of Representatives. For compensation of two porters for the Senate and of four for the House of Representatives, for sweeping and cleaning halls and galleries of the Senate and House of Representatives, and attendance on committees, two dollars per diem , each. Porters of Senate and House of Representatives. 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 of Senate and House of Representatives. 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, two dollars per diem , each. Attendants of Senate and House To pay Jackson McHenry for sixteen days' service as porter in the Senate, under appointment by the President, at session of 1882, thirty-two dollars. Jackson McHenry Senate Porter. Sec. III. Be it further enacted by the authority aforesaid , That the appropriations for the Judiciary Department shall be as follows: Appropriations for Judicial departm't. For the salaries of the Judges of the Supreme Court, three thousand dollars, each, per annum. Judges Supreme Court. For the salaries of the Judges of the Superior Courts, two thousand dollars, each, per annum. Judges Superior Courts. For the salaries of the Solicitors-General of the various circuits, two hundred and fifty dollars, each, per annum. Solicitors General For salary of the Reporter of the Decisions of the Supreme Court, two thousand dollars per annum. Supreme Court Reporter. For compensation for 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. Clerical Expenses Supreme Court. Page 10 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 for its officers, sixteen thousand dollars (or so much thereof as may be necessary) per annum. Academy for the Blind. For the support and maintenance of the Institute for the Deaf and Dumb and pay of its officers and attaches, sixteen thousand dollars (or so much thereof as may be necessary) per annum. Deaf and Dumb Institute. For the support and maintenance of the State Lunatic Asylum, one hundred and sixty thousand dollars (or so much thereof as may be necessary) per annum, 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. Lunatic Asylum. Proviso. 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 Script Fund and due the University of Georgia, six thousand three hundred and fourteen dollars and fourteen cents per annum. Interest on Land Scrip fund. Sec. V. Be it further enacted by the authority aforesaid , That the appropriations to pay the recognized valid debt of the State be as follows: Appropriations for Public Debt. To pay the principal falling due in eighteen hundred and eighty-three, one hundred thousand dollars, and to pay the interest falling due in eighteen hundred and eighty-three, six hundred and forty-five thousand four hundred and forty dollars, making total appropriation to pay said debt for year eighteen hundred and eighty-three, seven hundred and forty-five thousand four hundred and forty dollars. Principal and interest due in 1883. To pay the principal falling due in eighteen hundred and eighty-four, one hundred thousand dollars, and to pay the interest falling due in eighteen hundred and eighty-four, six hundred and forty-one thousand four hundred and forty dollars; making total appropriation to pay said debt for eighteen hundred and eighty-four, seven hundred and forty-one thousand four hundred and forty 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 14, 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 due in 1884. Principal of 4 per cent bonds issued under Act of Dec. 14, 1878. Sec. VI. Be it further enacted by the authority aforesaid , That the appropriations for miscellaneous purposes be as follows: Miscellaneous appropriations. For salaries of the trustees of the Lunatic Asylum, each, three hundred dollars per annum. Trustees Lunatic Asylum. For salaries of the principal keeper, assistant keeper and the physician of the penitentiary to be paid from money received from hire of convicts, each, per annum as follows: Keepers and Physician State Penitentiary. Principal keeper, two thousand dollars. Page 11 Assistant keeper, twelve hundred dollars. Physician, two thousand dollars. To defray the expenses of the principal keeper, the assistant keeper and physician of the penitentiary in visiting and inspecting the various convict camps, as required by law, eight hundred dollars, or so much thereof as may be necessary, to be paid out of money received from hire of convicts, said expenses to be submitted in an itemized account to the Governor for his approval. Expenses of Keepers and Physician State Penitentiary. For salary of the resident physician of the Lunatic Asylum, twenty-five hundred dollars per annum. Physician Lunatic Asylum. 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 R. R. Commission. For contingent expenses of the railroad commission, five hundred dollars (or so much thereof as may be necessary) per annum. Contingent Expenses R. R. 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 other property of the State, to pay hire of guards, engineer, servants and general incidental expenses, the sum of eight thousand and five hundred dollars per annum, or so much thereof as may be necessary, of which sum one thousand five hundred dollars shall be paid to the keeper of public buildings and grounds as a salary per annum; and the further sum of two hundred dollars, or so much as may be necessary, for insuring the public building at Milledgeville, these appropriations to be extended under the direction of the Governor. Repairs, Insurance c, of Public Buildings. For the Contingent Fund, eight thousand and five hundred dollars per annum, or so much thereof as may be necessary. Contingent Funds. For the Printing Fund, eight thousand dollars per annum, or so much thereof as may be necessary. Printing Fund. For the salary of the commissioner of agriculture, two thousand dollars per annum, to be paid from money received from inspection of fertilizers. Salary Commissioner Agriculture. For salary of the clerk of the Commissioner of Agriculture, twelve hundred dollars per annum, to be paid from money received from inspection of fertilizers. Clerk Commissioner of Agriculture. To pay the bill for stationery furnished the General Assembly for this session, seven hundred and eighteen and sixty-five one-hundredth dollars, or so much thereof as may be necessary. Stationery for General Assembly. To pay the incidental expenses of the General Assembly for this session, to be paid on an itemized account presented to the Governor by the Secretary of the Senate and Clerk of the House of Representatives, fifty dollars each. Incidental Expenses General Assembly. 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 or indirectly, by payments of additional sums from the Contingent Fund Page 12 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 to said officers or in any of said departments, and should such extra services, 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 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 for Clerical expenses shall not be increased directly or indirectly, by way of extra compensation for extra service c. Sec. VIII. Be it further enacted by the authority aforesaid , That the sum of five hundred dollars (or so much thereof as may be necessary) be appropriated, per annum, to pay for such printing and advertising as the railroad commissioners may deem necessary for the proper carrying on of the business of said commission as directed by law. Printing and advertising of Railroad Commissioners. Sec. IX. Be it further enacted by the authority aforesaid , That the sum of one hundred and twenty-five dollars be appropriated to pay Goetchius and Chappell for five hundred copies of the State Constitution with analytical index thereof. Goetchius and Chappell for analytical index of State Constitution. Sec. X. Be it further enacted by the authority aforesaid , That for compensation for porter for the Library the sum of one hundred and eighty dollars per annum for the years 1883 and 1884 (or so much thereof as may be necessary). Porter for State Library. Sec. XI. Be it further enacted by the authority aforesaid , That the sum of one hundred dollars be, and the same is hereby appropriated to pay Jackson T. Taylor for making an index to the Senate and House Journals of the present sitting of the General Assembly up to the recess, and the Governor is authorized to draw his warrant on the treasury for said sum in favor of said Taylor whenever he presents the certificate of the Public Printer that he has performed the work in a satisfactory manner to said Public Printer. Jackson T. Taylor for index of Senate and House Journals for session of 1882. 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 December 9, 1882. Page 13 TO SUPPLY A DEFICIENCY IN THE CONTINGENT AND OTHER FUNDS FOR THE YEAR 1882. No. 23. An Act to appropriate certain sums of money for the purposes herein specified to supply a deficiency in the Contingent and other funds for the year 1882, 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 following sums of money are hereby appropriated for the purposes mentioned respectively, to-wit: 1. The sum of three thousand dollars (or so much thereof as may be necessary) for the repairs of the Executive mansion, the fences and outbuildings of the same, for care of the grounds and macadamizing the street in front of the mansion, to be expended under the direction of the Keeper of Public Buildings and Grounds. Repairs of Executive Mansion, etc. 2. The sum of five thousand dollars (or so much thereof as may be necessary) for the purpose of completing the improvements of the main building of the Academy for the Blind in the department of whites. Completing Academy for the Blind. 3. The sum of four thousand dollars (or so much thereof as may be necessary) for the completion of the buildings and fences of the Academy for the Blind in the department for colored people. Colored Department. 4. The sum of eleven hundred and sixty-six dollars and fifty-five cents to pay balance due the following newspapers for printing the schedules of just and reasonable rates, and the revision thereof, by the railroad commissioners, as provided by law to and including circular No. 31, to-wit: For printing Schedules and Circular No. 31 for Railroad Commissioners. To the Augusta Chronicle and Constitutionalist , two hundred and forty-two dollars and seventy-five cents; to the Atlanta Constitution , two hundred and twenty-six dollars; to the Macon Telegraph and Messenger , two hundred and ten dollars and fifty cents; to the Savannah Morning News , one hundred and eighty-eight dollars and fifty-five cents; to the Columbus Enquirer-Sun , one hundred and eighty-six dollars and fifty cents; to the Albany News and Advertiser , one hundred and eighty-five dollars and twenty-five cents; to the Rome Courier , one hundred and sixty-nine dollars and seventy-five cents. 5. The sum of one thousand and twenty-six dollars and sixty-seven cents to supply a deficiency in the Contingent Fund for the year eighteen hundred and eighty-two, to pay bills outstanding against the several departments of State. To supply deficiency in Contingent fund for 1882. 6. The sum of ninety-nine dollars and twenty-five cents to pay the expenses of H. H. Cary, superintendent of fisheries of this State, incurred on account of investigation by commission appointed by the Governor concerning obstructions in the Savannah river, to be in full for all claims in said account. For Expenses of Superintendent of Fisheries. 7. The sum of fifty-seven dollars to J. S. Newman for expenses as member of a commission appointed concerning obstructions in the Savannah river. For J. S. Newman. Page 14 8. The sum of four thousand six hundred and seventy-five dollars, or so much thereof as may be necessary, to supply a deficiency in the Printing Fund for the fiscal year 1882, of which sum sixteen hundred dollars shall be paid to W. A. Hemphill, former State Printer, on an itemized account for same, properly audited, and the sum of two thousand and seventy-five dollars to J. P. Harrison on his similar account properly audited. To supply deficiency in Printing Fund for 1882. 9. The sum of six hundred dollars, or so much thereof as may be necessary, to supply a deficiency of the fund for the public buildings and furniture for the fiscal year 1882, to be expended by direction of the keeper or the public buildings and grounds. For deficiency in Public Buildings Fund for 1882. Sec. II. Be it further enacted by the authority aforesaid , That the sum of thirteen hundred dollars, or so much thereof as may be necessary, is hereby appropriated to supply a deficiency in the Contingent Fund for the year 1882, which sum shall be paid only in the settlement of rewards heretofore offered by the Governor for the arrest and delivery of the following named persons, charged with offenses against the laws of this State, to-wit: Jackson Gilbert, Hosea Stanley, Joseph Stanley, Charles Lee, David McLain, Bill Brown, Jule Wiley, James Baker, John Baily, Claude Eubanks and Jim Henry Parks, Provided , that no part of such sum shall be paid in any case until satisfactory proof has been exhibited to the Governor that the terms and conditions of the rewards offered have been fully complied with. To supply a deficiency in Contingent fund for 1882 for payment of rewards. Sec. III. Be it further enacted by the authority aforesaid , That the sum of twelve hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated for repairing the roof of the main building of the Deaf and Dumb Institute, repairing the workshop, repairing the fencing, the water-wheel and dam of said institute. For repairs to Deaf and Dumb Asylum. 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 December 9, 1882. FOR SALE OF CERTAIN BONDS OF UNITED STATES. No. 63. An Act to provide for the sale of certain bonds of the United States now in the treasury, the property of the State, and to designate the manner of disbursing the proceeds thereof. Whereas, the Treasurer of the State has now in his possession' as the property of the State, sixteen (16) bonds of the denomination of ten thousand dollars each of the United States, known as Registered bonds, bearing interest at the rate of four and one-half per cent. per annum, standing in the name of the Treasurer of Georgia, Page 15 which were received by him in part payment from the purchasers of the Macon and Brunswick Railroad; And whereas, said bonds can be sold at a premium; And whereas, the average rate of interest of the bonds of this State, maturing and falling due in the year 1883, is greater than that of said United States bonds: therefore, 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 Treasurer of the State of Georgia is hereby authorized and directed to sell, in the most desirable market known to him, the sixteen (16) registered bonds of the United States (the property of the State), bearing interest at the rate of four and a half per cent. per annum, standing registered in the name of the Treasurer of this State, due in 1891, received by him from the purchasers of the Macon and Brunswick Railroad. Authorizing Treasurer to sell U. S. bonds of State in most desirable market. Provided , that no sale shall be made for a less sum than that quoted for such bonds on the day of sale at the New York stock exchange; provided, further , that only the actual brokerage under a contract to be made by the Treasurer shall be allowed as expenses of such sale. Price not to be less than quotations on day of sale at N. Y. Stock Exchange. Sec. II. Be it further enacted by the authority aforesaid , That as soon as such sale is made, the Treasurer shall make to the Governor a written report of such sale, in which report shall be included the date of the sale, the name of the person or persons purchasing each of said bonds, the amount paid for the same, the name of the broker effecting the sale and the amount of brokerage agreed on. Report of sale to be made to the Governor by the Treasurer. Sec. III. Be it further enacted by the authority aforesaid , That the proceeds of the sale of such bonds shall by the Treasurer be deposited in the State Treasury, for which a separate account shall be opened, and the same shall be disbursed only under the provisions of the Act making appropriations for the support of the government for the year 1883 and under said Act as follows, to-wit: One hundred thousand dollars of such proceeds to pay the principal of the eight (8) per cent. bonds of this State (known as the Nutting bonds), falling due in the year 1883; and the remainder of the proceeds of such sale shall be applied to the payment of the interest on the recognized valid bonds of this State falling due in said year 1883, under the provisions of the Act making appropriations for the support of the government for the year 1883. Proceeds to be deposited in State Treasury. Separate account to be kept. How to be distributed. 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. Page 16 FOR THE UNIVERSITY OF GEORGIA. No. 66. An Act to appropriate the sum of ten thousand dollars to the University of Georgia to complete the rebuilding of its branch college at Dahlonega, known as the North Georgia Agricultural College, which was destroyed by fire. Whereas, The North Georgia Agricultural College, at Dahlonega, Georgia, having been destroyed by fire, and the same having been partially rebuilt, the former appropriation of $10,000 (being onehalf the sum required by the estimates) having been exhausted and the Board of Visitors appointed by the Governor to examine into the condition of the college, having recommended the appropriation of the remainder of the sum asked for, and which is necessary to its completion and preservation: therefore, 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 completion of the North Georgia Agricultural College at Dahlonega, to be paid to the trustees of the University of Georgia and used by them only for the purpose indicated: Provided , that before the Governor shall draw his warrant on the treasury for the amount herein appropriated, he shall be satisfied from proof to be submitted to him that there are no liens outstanding upon the buildings and grounds of said college at Dahlonega, and that the title to said property is securely vested in the trustees of the University of Georgia for educational purposes. For completion of N. Georgia Agricultural College. To be paid to Trustees of State University. Governor to examine and approve title to the property before drawing warrant for appropriation. 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 12, 1883. FOR TWENTY-FIVE HUNDRED COPIES OF THE GEORGIA FORM BOOK. No 94. An Act to authorize the Governor to subscribe in behalf of the State for twenty-five hundred copies of the Georgia Form Book, and to appropriate money to pay for 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 the Governor is hereby authorized, in behalf of the State, to subscribe for twenty-five hundred copies of the Georgia Form Book, to supply justices of the peace and notaries public of this State, each with a copy. Governor authorized to subscribe for Georgia Form Book Page 17 Sec. II. Be it further enacted , That the sum of six thousand two hundred and fifty dollars, or so much thereof as may be necessary, to pay for the number of copies so subscribed for by the Governor for said public officers, is hereby appropriated to pay for the same. Apropriation to pay for same. Sec. III. Be it further enacted , That such copies of said Form Book, as may be subscribed for in pursuance of this Act, shall be printed and bound in as good and substantial style as that of the edition of said work just published. How printed and bound. 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 16, 1883. FOR JAMES B. PALMER. No. 113. An Act to authorize the Governor to draw his warrant on the Treasurer for the payment to James B. Palmer the sum of $79.90 (seventy-nine dollars and ninety cents), the excess paid into the treasury after paying tax and costs arising from sale of wild lot of land number 393 in the ninth district of Mitchell county, by the sheriff of said county, under a wild land tax fi. fa. transferred by the Comptroller-General of the State. Whereas, on the fifth day of November, 1878, lot of land number three hundred and ninety-three in the ninth district of Mitchell county was sold at sherriff's sale in said county by D. B. Davis, sheriff thereof, under and by virtue of a wild land tax fi. fa. , issued by the Comptroller-General of said State, and transferred by him to one T. R. Bennett, of said county; and whereas, James B. Palmer, a citizen of said county, became the purchaser of said lot of land at said sheriff's sale for the sum of one hundred dollars and twenty-five cents; and whereas, the Supreme Court of Georgia has, since said sale, declared the transfer of said wild land fi. fas. illegal and said sales void; and whereas, said James B. Palmer, since learning that his title by virtue of sheriff's sale was void, repurchased said lot of land at private sale from the true owner thereof, and paid for the same the sum of one hundred and seventy-five dollars; and whereas, said James B. Palmer is justly entitled to the excess beyond the taxes due the State on said wild lot of land: therefore, Land sold by order of Comptroller-General. Sale declared void by Supreme Court. Sec. I. Be it enacted by the General Assembly , That the Governor of this State be authorized to draw his warrant on the Treasurer, payable to the order of James B. Palmer, for the sum of seventy-nine dollars and ninety cents. Appropriation 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 September 4, 1883. Page 18 FOR COMPLETING NEW BUILDINGS AT THE STATE LUNATIC ASYLUM. No. 142. An Act to appropriate money for the purpose of completing the new buildings in process of construction at the State Lunatic Asylum, for the purpose of providing furniture for such new buildings, and for building new gas works for said asylum, 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 the sum of sixty-five thousand five hundred and sixteen dollars and eighty-three cents be, and the same is hereby appropriated out of any money in the treasury not otherwise appropriated for the purpose of completing, in all respects, the new buildings at said asylum, authorized by the Act of the General Assembly, approved September 8, 1881. Completing building at the Lunatic Asylum. Sec. II. Be it further enacted by the authority aforesaid , That the sum of fifteen thousand dollars be, and the same is hereby appropriated for the purpose of fitting with all necessary furniture said new buildings when completed. Furnishing new buildings. Sec. III. Be it further enacted , That the sum of twelve thousand three hundred and fifty-eight dollars and seventy cents, or so much thereof as may be necessary, be, and the same is hereby appropriated out of any money in the treasury not otherwise appropriated for the purpose of constructing new gas works for the use of said asylum. New Gas Works 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 4, 1883. FOR A STATE CAPITOL BUILDING. No. 153. An Act to provide for the erection of a State capitol building and to appropriate money for the same; to negotiate for the sale of the present capitol building, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Governor of the State shall be ex-officio a commissioner for the erection of a capitol building for the State as hereinafter provided, and shall serve as such during his continuance in said office. His successor in office shall succeed him upon said commission with like powers and duties. Governor ex-officio Commissioner. Succeeded by the next Governor. Page 19 Sec. II. Be it further enacted by the authority aforesaid , That the Governor shall, within thirty days after the passage of this Act, appoint five commissioners, who shall be the executive officers of said commission, and shall give their personal attention to the details of the work of said commission. Each of said five commissioners shall receive for his services the sum of one thousand dollars per annum, to be paid out of the money hereinafter appropriated. The said commissioners so appointed shall, for incompetency, inattention to duty or malpractice in office, be removable by the Governor. Said five commissioners shall give bond, to be approved by the Governor, in a sum not less than five thousand dollars each, payable to the Governor and his successors in office, conditioned for the faithful discharge of their duties under this Act. All vacancies among the five commissioners thus appointed, caused by removal, death or resignation, shall be filled by appointment of the Governor. Of the entire board of commissioners thus constituted, the Governor shall be ex-officio chairman. Governor to appoint five Commissioners. Salary of Commissioners. How paid. Removable by the Governor. Shall give bond, approved by Governor. Governor to fill vacancies. Sec. III. Be it further enacted by the authority aforesaid , That it shall be unlawful for either of the said commissioners to be connected, either directly or indirectly, in any manner whatsoever with any contract or part thereof for the erection of said capitol building, or for any work connected therewith, or for the furnishing of any supplies or material therefor, so as to receive any benefit therefrom, or the promise of any benefit therefrom, either by way of commissions, rebate, bonus, division of profits or otherwise, and any one of said commissioners who shall violate this provision of this Act shall be guilty of a high misdemeanor in office. Unlawful for commissioners to be in any manner interested in said work. A high misdemeanor in office for any commissioner to violate this provision of Act. Sec. IV. Be it further enacted by the authority aforesaid , That it shall be unlawful for any person employed by said commission, in the supervision or superintendence of the building of said capitol, or of any work connected therewith, to be connected, either directly or indirectly, in any manner whatsoever with any contract or part thereof for the erection of said capitol building, or for any work connected therewith, or for the furnishing of any supplies or material therefor, so as to receive any benefit therefrom, or the promise of any benefit therefrom, either by way of commissions, rebate, bonus, division of profits or otherwise; and the said commissioners are hereby charged with the rigid enforcement of this provision of this Act. Any violation of the provisions of this section shall subject the offender, on conviction, to punishment in the penitentiary for a term not less than one nor more than five years. No Superintendent to be interested in any part thereof. Punishment. Sec. V. Be it further enacted by the authority aforesaid , That the said commissioners shall, as soon as practicable, proceed to select a plan for a suitable capitol building, said plan to be secured, either by competitive contest or by the employment of a competent architect for that purpose, as they may deem best; provided , that no plan shall be adopted until, upon detailed and accurate specifications of the cost of labor, material and of all other expenditures necessary for the erection of said capitol building, it shall be definitely ascertained that the entire cost of the same will in no event exceed the sum of one million dollars, it being understood that it is the object Page 20 of this Act to restrict the aggregate and entire cost of the capitol building to this sum, and the commissioners herein appointed shall have this object in view, and all contracts awarded and plans accepted shall be awarded and accepted only after the commissioners shall be satisfied that the cost of the building, when completed, shall not exceed this amount. Commissioners shall select a plan for a suitable Capitol building. Entire cost of the Capitol must be restricted to one million dollars Sec. VI. Be it further enacted by the authority aforesaid , That so soon as said plan for said capitol building shall be adopted by said commissioners, they shall proceed to divide the cost of labor and expenditure for the erection of the same as follows: For the first year one hundred thousand dollars, and for each subsequent year the sum of one hundred and eighty thousand dollars, so that the burden of the cost shall be divided into six portions, and the entire construction of said capitol building shall be completed by the first day of January eighteen hundred and eighty-nine. Commissioners must divide the cost of same into six portions. When completed. Sec. VII. Be it further enacted by the authority aforesaid , That the said capitol building shall be built of granite rock and marble, as far as practicable, and that all the materials used in the construction of said building shall be those found and procured within the State of Georgia; provided , the same can be procured in said State as cheaply as other materials of like quality in other localities. The said building shall be erected upon the land in the city of Atlanta conveyed in fee simple to the State for that purpose, known as the City Hall Square, on Washington street. It shall contain a Senate Chamber and a Hall for the House of Representatives, with all the additional rooms necessary and proper for the full and comfortable accommodation of the Legislative branch of the Government; a sufficient number of committee rooms for the House and Senate; an Executive office, with all the additional rooms necessary for the full and comfortable accommodation of all the various offices of the Executive Department, including the office of the Secretary of State, Comptroller-General, Attorney-General, and also all rooms suitable and necessary for the accommodation and safe keeping of the archives of the State, so that the same may be secure against destruction by fire; also such rooms as shall be suitable and proper for the Department of Agriculture and for the Department of Education; also a Supreme Court room, with all rooms in addition thereto, necessary for the proper accommodation of the Judges and officers of said court, and for the proper accommodation and security of the files and records of the same and the State Library; also all rooms necessary for the Treasurer and his assistants, and for the accommodation and safe keeping within the walls of the capitol of the treasure of the State, including fire-proof and burglar-proof vaults and safes; and in general all such other rooms as shall be necessary for the proper accommodation of all the different departments of the government and for the full and complete protection against burglaries and fire of the treasure, archives, library, records and files of the State. To be built of granite and marble Must be built of materials produced within this State. Shall be built on the city hall square. Rooms. Must contain vaults and safes. Sec. VIII. Be it further enacted by the authority aforesaid , That it shall be the duty of said commissioners to cause said building to be erected, and to that end they may contract for the construction of Page 21 the entire building by one contractor, who may undertake the whole work, or the said commissioners may divide the work into appropriate classes and make separate contracts as to either of them as may be for the best interests of the State. The said commissioners shall so regulate the payments of money to contractors and material men, that for each payment made there shall have been material procured and labor performed for the construction of said capitol building, which, under the said contracts, shall be the equivalent of the payment so made; provided , that if any payments shall be made to contractors or material men before the contract is completed, or all the material furnished, it shall be the duty of the commissioners to reserve and keep back at least ten per cent. of the value of the labor done or material furnished, which amount shall not be paid till the contract is completed or all the material furnished. In all cases the commissioners shall require of the said contractor or contractors, or material men, good and sufficient bond, of undoubted solvency, payable to the Governor of the State and his successors in office, conditioned for the faithful performance of said contract or contracts in the furnishing of sound and proper material, according to the requirements of the specifications, and in the construction of said building in a skillful and workman-like manner, and within the time specified in said contract or contracts; and in addition thereto the commissioners may employ a civil engineer, architect or practical builder of undoubted capacity and known integrity at a reasonable and fair compensation, whose duty it shall be to closely inspect each and every portion of the material used in the construction of said building, and carefully supervise in every detail the proper construction of the same, so that by such constant and minute supervision and inspection the procurement of proper first-class material, and the performance of the work of construction of said building in a skillful and workmanlike manner shall be insured to the State. Said civil engineer, architect or practical builder shall give bond, payable to the Governor and his successors in office, in a sum to be fixed by said commissioners for the faithful discharge of all his duties under this Act, and in accordance with the contract entered into by him. Commissioners may contract for the entire work or divide it into appropriate classes. How payments shall be made. Per cent. to be retained in certain cases. Contractors and material men must give good bond. Commissioners may employ a competent civil engineer, architect, or practical builder. Who shall give bond. Sec. IX. Be it further enacted by the authority aforesaid , That the said commissioners shall, before letting any contract or contracts for the construction of said building, or furnishing material, advertise the same for sixty days in at least five public gazettes, one each in Atlanta, Macon, Savannah, Augusta and Columbus, in this State, and in one public gazette in each of the cities of New York, Baltimore, Chicago, St. Louis, Cincinnati and Louisville, and said contract or contracts shall be let to the lowest responsible bidder or bidders, who shall give good bond and security, as herein provided, to be judged of by said commissioners, under such terms, penalties and forfeitures as the commissioners shall deem right and proper to protect the interests of the State; provided , that said commissioners shall have power to reject any and all bids and readvertise for further bids. Commissioners must advertise in at least five public gazettes. To whom the contract shall be let. May reject any and all bids. Sec. X. Be it further enacted by the authority aforesaid , That all Page 22 disbursements of the fund herein provided for the purpose of building said capitol shall be made by said commissioners, and the Governor shall draw his warrant upon said fund in the hands of the Treasurer in favor of said commissioners in such sums and at such times as they shall in writing signed by them signify to him shall be needed to make the payments in the manner prescribed by section 8 of this Act; provided , the sums so paid shall not exceed the amount appropriated for each year. All moneys shall be paid out by the Commissioners. Must not exceed the amount appropriated. Sec. XI. Be it further enacted by the authority aforesaid , That it shall be the duty of the said commissioners, pending the construction of said building, to submit to the next General Assembly the plans adopted for the capitol building and all contracts made for the whole or any part of the work; provided , that the provision for submitting the plans adopted for the capitol building and all contracts made for the work thereon, to the next General Assembly, shall not be construed to hinder or delay the progress of the work on said building in the meantime, and to each General Assembly at the regular session a detailed report of their actings and doings under the provisions of this Act, including an itemized and accurate statement of all moneys received and expended in pursuance of the same, to be accompanied by the receipts and vouchers for said expenditures. The commissioners shall keep a record of their official acts and of the proceedings at all meetings. Plan and all contracts submitted to General Asssmbly. Not to delay the work. A detached report and itemized account to be submitted to each succeeding Legislature. Sec. XII. Be it further enacted by the authority aforesaid , That the Governor of this State shall, within sixty days after the passage of this Act, demand of the city authorities of the city of Atlanta the payment into the treasury of the State of the sum of $55,625.00, being the amount fixed by the arbitrators in settlement of the claim held by the State against the city of Atlanta as provided in the resolution approved August 15th, 1879, and said sum when so paid into the treasury shall be, and the same is hereby appropriated and shall be used as far as the sum extends for the expenditure required for the first year, as provided by this Act. In addition to this amount there shall be, and is hereby appropriated for said purpose, the sum of $44,375.00 out of any surplus in the treasury not otherwise appropriated; provided , however, that no portion of the money hereby appropriated from the treasury shall be drawn or expended until the said sum of $55,625.00 shall have been actually paid into the treasury by the city of Atlanta, as herein provided; provided , further, that it is the intention of this Act that the building herein contemplated shall be erected only out of surplus funds available for that purpose, and it is hereby enacted and declared that the present general rate of taxation on the property and specific taxes in this State shall not be enlarged or increased to make the appropriation herein provided for. Governor shall demand of the authorities of Atlanta $55,625. Expenditure for first year. No money drawn until the sum of $55,625 is paid by the city of Atlanta. The building only to be erected out of the available surplus funds of the State. Sec. XIII. Be it further enacted by the authority aforesaid , That in case the commissioners shall find that more land is needed to square the said contemplated capitol grounds on the northeast corner thereof, then they may take steps to purchase, and on failure to agree on a satisfactory price may proceed to condemn the necessary adjacent land in the manner pointed out in sections 1689 (K) and Page 23 1689 (L) of the Code of 1882, for condemning property for public use, so as to make McDonough and Hunter streets meet at right angles; provided , the city of Atlanta shall first convey in fee to the State the necessary part of McDonough street to be embraced or enclosed in the said capitol grounds free of charge; provided , the amount used to pay for the same shall be taken from the aggregate amount herein appropriated. May purchase or condemn adjacent property. Provided the city of Atlanta shall convey in fee to the State necessary part of McDonough street. Sec. XIV. Be it further enacted by the authority aforesaid , That before entering upon the discharge of their duties under the provisions of this Act, the said commissioners shall take and subscribe before a judge of the Supreme Court of this State an oath to faithfully and diligently discharge all the duties imposed upon them by the provisions of this Act. Said oath shall be recorded on the minutes of the Executive Department and be filed in the Executive office. Commissioners to qualify under oath before entering upon their duties. Sec. XV. Be it further enacted by the authority aforesaid , That this Act shall not go into effect, nor shall any steps be taken concerning the subject-matter thereof, until the city of Atlanta, through the proper authorities, shall surrender to the State, cancelled, the alleged lien outstanding against the present capitol building, formerly in the name of the Northwestern Mutual Life Insurance Company, so that said building and grounds shall be free of any and all incumbrance or claim on the part of the city of Atlanta or of any one claiming through said city authorities in any way. And it shall be the duty of the commissioners herein provided for, to take steps to negotiate the sale of the present capitol building and appurtenances thereto on the best terms possible, in their discretion, so soon as the new capitol is completed and they shall report the price offered for the same to the General Assembly for confirmation; provided, however , that if said commissioners shall find it practicable to sell said capitol building and appurtenances for a fair price previous to the completion of the new capitol, and the purchaser will advance the money and wait for the possession thereof without rent, until the completion of the new capitol, the said commissioners shall have authority to negotiate such sale and report the same to the succeeding General Assembly for confirmation. Work not to be commenced until the city of Atlanta surrenders, cancelled, to the State the alleged lien on the present capitol building. Commissioners authorized to negotiate the sale of the present capitol building. Sec. XVI. 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 8, 1883. Page 24 TO SUPPLY SUPREME COURT REPORTS TO COUNTIES NOT HAVING THEM. No. 255. An Act to supply Supreme Court Reports to those counties that have never been supplied with said reports, and to those counties whose reports have been heretofore destroyed by fire or by the soldiers of either army during the war, and to provide for payment of the same. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, whenever the Governor shall have satisfactory evidence that the Supreme Court Reports. or any of them, have never been furnished by the State to any county of this State, it shall be his duty to cause the Librarian to furnish such county with such volumes of said reports as have never been furnished to the same. Governor shall cause Librarian to supply any county with certain Supreme Court Reports. Sec. II. Be it further enacted , That whenever the oridnary of any county shall furnish the Governor with satisfactory evidence that the Supreme Court Reports, furnished by the State to such county or any part of such reports, have been destroyed by fire or by the soldiers of either army during the war, it shall be the duty of the Governor to cause the Librarian to furnish one copy of each report so destroyed to the Clerk of the Superior Court of such county; provided , no reports shall be furnished to supply the place of such as may hereafter be destroyed; Provided further , that in no event shall any books be furnished to supply the place of books that have been lost or destroyed other than by the soldiers of either army or destroyed by fire. Shall also cause Librarian to furnish Reports where they have been destroyed by fire. Only furnished where destroyed by fire or soldiers. Sec. III. Be it further enacted , That whenever the Governor shall decide that any county is entitled to be supplied with any number of Supreme Court Reports under section first or second of this Act, it shall be his duty, and he is hereby authorized to draw his warrant upon the Treasurer of this State for such an amount of money as may be required for the same; provided , that not more than two hundred and fifty dollars, or so much thereof, as may be necessary, shall be drawn to supply reports to any one county. 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 21, 1883. Page 25 TO PAY C. F. CRISP. No. 308. An Act making an appropriation to pay C. F. Crisp balance of salary due as Judge of the Southwestern Judicial Circuit of this State for years 1879 and 1880. Whereas, C. F. Crisp was appointed Judge of the Southwestern Circuit on June 26th, 1877, to fill the unexpired term of James M. Clark, whose term of office under article 6, section 3, and paragraph 2, constitution of 1877, did not expire until January 1st, 1881; and whereas, in the case of George Hillyer, Judge of the Atlanta circuit, appointed to fill the unexpired term of Judge C. Peeples, whose term of office did not expire until January 1, 1881, vs. Comptroller-General, the courts held that the said Hillyer was entitled to the salary appropriated for his predecessor; and whereas, under said decision the State has paid the said Judge Hillyer his salary at the rate of twenty-five hundred dollars per annum; and whereas, the said C. F. Crisp, after said decision was made, demanded of his Excellency the Governor the balance of salary due him (he having been paid at the rate of two thousand dollars per annum; for said years), amounting to one thousand dollars, which the Governor would have paid but for the fact that said balance which had been appropriated for his successor had lapsed into a general fund in the treasury under section 97, paragraph 15, Code 1882: therefore, Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one thousand dollars be, and is hereby appropriated to pay C. F. Crisp balance of salary due as judge of Southwestern Circuit for years 1879 and 1880. To pay C. F. Crisp balance of salary as Judge. 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 25, 1883. OGLETHORPE LIGHT INFANTRY OF SAVANNAH. No. 312. An Act to appropriate the sum of four hundred and one dollars and two cents ($401.02) to pay the Oglethorpe Light Infantry, a military company of Savannah, Georgia, for fifty Enfield rifles, the property of said company, appropriated by the State to public use, and to authorize the Governor to draw his warrant on the Treasurer therefor. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of two hundred and fifty-seven dollars and ten Page 26 cents, principal, and one hundred and forty-three dollars and ninety-two cents, interest, be, and the same is hereby approprtated to pay the Oglethorpe Light Infantry, a military company of Savannah, Georgia, the cost price with interest for eight years, of fifty Enfield rifles, the property of said company, appropriated by the State to public use in the year 1874, and the Governor of the State is hereby authorized to draw his warrant upon the Treasurer in favor of the commanding officer of said company for the said sum. Payment for of 50 Enfield Rifles appropriated to use of State with interest. 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 25, 1883. TO PAY JOHN M. STUBBS AND OTHERS. No. 350. An Act to make an appropriation to John M. Stubbs, David M. Roberts and John F. DeLacy for services rendered to the State under employment by the Governor. Whereas, John M. Stubbs, David M. Roberts and John F. De-Lacy, attorneys, were employed by his Excellency, Governor A. H. Stephens, to prosecute certain persons in Dodge county, known as the Eastman rioters; and whereas, said attorneys under such employment did prosecute to conviction certain of such persons: therefore, Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three hundred dollars be, and the same is hereby appropriated to pay said John M. Stubbs, David M. Roberts and John F. DeLacy for their professional services so rendered, and the Governor is hereby authorized to draw his warrant on the Treasurer in favor of said John M. Stubbs, David M. Roberts and John F. DeLacy for said amount of three hundred dollars, which shall be in full for all services rendered in said cases. Attorney fees for aiding in prosecution of Eastman Rioters, by employment of Governor. 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 26, 1883. FOR INSURANCE OF PUBLIC BUILDINGS AND LIBRARY. No. 392. An Act to be entitled an Act to authorize and empower the Governor to insure all of the public buildings of the State and the library; to provide means for the same, 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 Page 27 of this Act, the Governor is authorized and empowered, and it shall be his duty to have and keep insured, at one-half their value, all of the public buildings of the State and library, except the State arsenals at Milledgeville and Savannah, the penitentiary at Milledgeville, and the buildings of the Western and Atlantic Railroad. Governor to keep certain Public Buildings and the Library insured. Sec. II. Be it further enacted by the authority aforesaid , That the Governor is authorized to draw his warrant upon the treasury annually for the sum of five thousand dollars, or for so much as may be necessary to carry into effect the foregoing section, and to be used only for the purpose of insurance. May draw his warrant annually for this purpose. 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 27, 1883. TO SUPPLY DEFICIENCY IN CONTINGENT FUND OF 1883. 394. An Act to supply a deficiency in the Contingent Fund for the year 1883, and to appropriate the sum of ten thousand dollars for same. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That as the amount heretofore appropriated as a Contingent Fund for the year 1883, in consequence of unusual and unexpected draft thereon, is about exhausted, for remedy thereof the sum of ten thousand dollars be, and the same is hereby appropriated as a Contingent Fund for the year eighteen hundred and eighty three (1883). Deficiency of contingent fund for 1883 supplied. 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 27, 1883. FOR CONTINGENT EXPENSES OF SENATE AND HOUSE OF REPRESENTATIVES FOR SESSION OF 1883. No. 399. An Act to appropriate money to pay the contingent expenses of the Senate and House of Representatives for this session of the General Assembly. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the sum of one hundred and fifty dollars each be appropriated to the Secretary Page 28 of the Senate and the Clerk of the House of Representatives respectively to pay the contingent expenses of the Senate and House of Representatives for this session, to be paid out on an itemized account of expenditures submitted by said Secretary of the Senate and Clerk of the House of Representatives respectively; also, that the sum of thirty-two dollars be appropriated to pay N. G. Butts, Macon, Georgia, for three maps of the State, purchased by order of the Senate, and express charges thereon, and that the Secretary of the Senate be authorized to draw said amount and pay it out as above directed. Appropriation to Secretary of Senate and Clerk of House, for contingent expenses. Appropriation to pay N. G. Butts for three maps of the State. 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 27, 1883. FOR RELIEF OF J. E. McGUIRE. No. 409. An Act for the relief of J. E. McGuire, of the county of Bartow, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That his Excellency the Governor be, and he is hereby authorized to draw his warrant on the treasury for the sum of five hundred dollars in favor of J. E. McGuire, of the county of Bartow, as compensation for injuries received by him while employed as an engineer on the Western and Atlantic Railroad while the same was operated by the State, which said sum of money is hereby appropriated for that purpose. To pay J. E. McGuire for injuries received in service of State, c. Sec. II. Be it further enacted , That the sum hereby appropriated shall be in full settlement of the claim of said McGuire against the State; provided further , that the Governor shall not pay said sum until he takes a receipt in full settlement of all claims against the State. To be in full satisfaction of the claim of McGuire. 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 27, 1883. Page 29 FOR REPAIRS OF BUILDINGS OF STATE UNIVERSITY. No. 412. An Act to appropriate the sum of three thousand dollars, or so much thereof as may be necessary, for the purpose of repairing the buildings of the University of 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, the sum of three thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the purpose of repairing the buildings belonging to the University of Georgia, and located at Athens, Clarke county, and the Governor of this State is hereby authorized to draw his warrant on the Treasurer of the State for said sum whenever he is furnished by the secretary of the board of trustees with an itemized account of the sum expended or necessary to be expended in putting said buildings of the University of Georgia, located as aforesaid, in good repair. For repairs of State University buildings at Athens. Governor to draw his warrant for same when furnished an itemized account of sum expended. 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 27, 1883. TO PAY THE FUNERAL EXPENSES OF THE LATE GOVERNOR A. H. STEPHENS. No. 417. An Act making an appropriation to pay the funeral expenses of the deceased Governor, Alexander H. Stephens. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of thirteen hundred and twelve dollars and twenty-five cents be, and the same is hereby appropriated for the purpose of paying the funeral expenses of the deceased Governor, Alexander H. Stephens, same to be paid to the following persons upon presentation of their accounts to the Governor and Comptroller-General properly made out and duly sworn to: Funeral expenses of the late Governor A. H. Stephens. M. Kennedy, $18.75; J. F. Redd, $16.00; Miller and Brady, $58.00; Henry Seltzer, $1.00; M. C. and J. F. Kiser, $7.09; J. W. Kelly, $5.00; Thos. Cox, $3.00; J. M. Seal, $300; D. H. Dougherty, $361.70; Georgia Suit Company, $66.01; Patterson Bowden, $500.00; H. H. Dickson, $10.20; John Kelly, $4.00; E. Watchendorf, $63.00; Green Bullock, $3.00; J. M. High, $6.75; S. M. Summons, $4.00; J. M. Latham, $4.00; M. Cargile, $4.00; Clark, Thompson Co., Page 30 50c; John Ryan, $24.25; Z. E. Taylor, $12 00; W. O. Jones, $12.00; C. M. Cady, superintendent for music, $125.00. Paid to persons herein named on account properly made out and sworn to. 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 27, 1883. TO RELIEVE M. L. D. PITTMAN. No. 426. An Act for the relief of M. L. D. Pittman, and for other purposes. Whereas, the Goveror of Georgia, on the 24th day of July, 1869, issued a proclamation offering a reward of one thousand dollars for the apprehension of and delivery to any sheriff for the apprehension of and delivery to any sheriff of this State, with proof sufficient to convict C. C. Reese, charged with the murder of Thomas Edwards; and Whereas, M. L. D. Pittman did apprehend and deliver to the sheriff of this State the said C. C. Reese, with sufficient proofs to convict the said Reese: now therefore Section I. The General Assembly of Georgia enacts , That the Governor is hereby authorized and requested to draw his warrant on the State Treasury in favor of said M. L. D. Pittman for the sum of one hundred dollars in payment of said reward, the same to be in full payment for all claim of reward under said proclamation. Governor to draw his warrant in favor of M. L. D. Pittman for the capture, etc., of C. C. Reese. 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 28, 1883. TO PAY FOR NEW RECORD CHECKS AND CASE FOR WILD LAND OFFICE. No. 443. An Act making an appropriation for purpose of making new record checks for wild land office and building case for same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of two hundred and seventy-five dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to make new record checks for wild land office and building case for same. Provides pay for New Record Checks and Case in Wild Land Office. 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 28. Page 31 TO SUPPLY A DEFICIENCY IN THE PRINTING FUND OF THE RAILROAD COMMISSIONERS FOR 1883. No. 456. An Act to supply a deficiency in the Printing Fund for the railroad commissioners of this State for the year 1883 and to appropriate five hundred dollars for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That, as the Printing Fund for the railroad commissioners of this State for the year 1883 is about exhausted, the sum of five hundred dollars be, and the same is hereby appropriated as a Printing Fund for said railroad commissioners for the year 1883 in addition to the sum or sums heretofore appropriated for the same. Addition to the Printing Fund of Railroad Commissioners for 1883. 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 28, 1883. TO PAY O. H. ROBERTS FOR AN ARTIFICIAL ARM. No. 458. An Act making an appropriation to pay O. H. Roberts, of Troup county, Georgia., for an artificial arm under an Act approved December 4, 1866. Whereas, O. H. Roberts, a Confederate soldier of Troup county, was entitled to pay for an artificial arm under the Act of December 4, 1866, and having made application for same, as required by said Act, but, owing to some informality in said application, was refused pay for same: therefore, Section I. Be it enacted by the General Assembly of Georgia , That the sum of seventy five dollars be, and the same is hereby appropriated to pay said O. H. Roberts for an artificial arm as provided by Act of 1866. O. H. Roberts to be paid for artificial arm. 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 28, 1883. Page 32 TO REPAIR AND REFURNISH EXECUTIVE MANSION AND SUPREME COURT ROOM AT THE CAPITOL. No. 464. An Act to make an appropriation for the repair and refitting of certain public buildings, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of five thousand and five hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to make repairs on and to refurnish the Executive mansion and the Supreme Court room in the capitol building; and the Governor is hereby authorized to draw his warrant on the Treasurer for said sum in favor of the keeper of public grounds and buildings. To repair and refurnish Executive Mansion and Supreme Court room. Governor to draw his warrant. Sec. II. Be it further enacted by the authority aforesaid , That of the sum herein appropriated, the sum of forty-five hundred dollars, or so much thereof as may be necessary, shall be expended by the keeper of public grounds and buildings, under the direction of the Governor, in making necessary repairs in the interior of the Executive mansion, and refurnishing the same, and for making all necessary repairs on out-houses connected therewith; and of the sum herein appropriated, the sum of one thousand dollars, or so much thereof as may be necessary, shall be expended by the keeper of public grounds and buildings, under the direction of the Judges of the Supreme Court, in refurnishing and refitting the Supreme Court room and the offices attached thereto. Sum to be expended by Keeper of Public Grounds and Buildings. How to be expended. Sec. III. 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 28, 1883. FOR PURCHASING AND BINDING BOOKS FOR THE STATE LIBRARY. No. 474. An Act to provide a permanent fund to be used in purchasing and binding books for State Library by appropriating one-half of all moneys received by the State from the sale of Supreme Court Reports. Section I. Be it enacted by the General Assembly of the State of Georgia , That one-half of the moneys arising from the sale of Supreme Court Reports, commencing with the sale of the Sixty-sixth Georgia, be, and the same is hereby appropriated for the purpose of making a permanent fund for purchasing books and binding books for the State Librarysaid fund to be used only as now provided by law. One-half of sale of Supreme Court reports appropriated for purchasing and binding books. Page 33 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 28, 1883. TO PAY STATIONERY ACCOUNTS OF THE LEGISLATIVE SESSION OF 1883 AND FOR BINDING THE ENROLLED ACTS. No. 476. An Act to appropriate money to pay the stationery account of the present session of the General Assembly and to bind the enrolled copies of the Acts. Section I. The General Assembly do enact , That the sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of paying the stationery expenses of the present session. To pay Stationery account of session of 1883. Sec. II. Be it further enacted , That the sum of one hundred dollars is hereby appropriated for the purpose of binding the enrolled copies of Acts in the office of the Secretary of State. To pay for binding enrolled copies of Acts. Sec. III. Be it further enacted , That the Governor is hereby authorized to draw his warrant on the Treasurer for the amounts appropriated by this Act. Governor to draw his warrant for sum specified. 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 28, 1883. FOR THE TREATMENT OF INMATES OF THE ACADEMY FOR THE BLIND. No. 471. An Act to appropriate certain money to the Academy for the Blind of this State for the treatment of the inmates of this institution, 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 sum of five hundred dollars, or so much thereof as is necessary, be, and the same is hereby appropriated to the Academy for the Blind to defray the necessary expenses, including board, lodging, etc., of such patients of the Academy for the Blind of this State as the trustees of said institution may determine (under rules to be established by themselves) are amenable to surgical or medical treatment for blindness, or such as have been heretofore treated for the same. To defray necessary expenses of certain inmates of Academy for the blind white under treatment. 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 28, 1883. Page 34 TITLE II. TAXES. ACTS. FOR SUPPORT OF STATE GOVERNMENT 1883-84. To extend time for returning wild lands and payment of taxes thereon for 1882. Taxation of railroads by counties and municipal corporations on property not used in their ordinary business. For taxing rolling stock and personal property of railroads partly in this and partly in other States. Amending of Act of September 28th, 1881, as to record of wild land returns, notification to owner, etc. FOR SUPPORT OF STATE GOVERNMENT 1883-84. No. 18 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-three and eighteen hundred and eighty-four. Section I. Be it enacted by the General Assembly of the State of Georgia , 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 two and one-half tenths of one per cent. for each of the fiscal years eighteen hundred and eighty-three and eighteen hundred and eighty-four. Tax for 1883-4. Not to exceed two and one-half 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 section, the following specific taxes shall be levied and collected for each of said fiscal years of eighteen hundred and eighty-three and eighteen hundred and eighty-four: Specific taxes. Page 35 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, fee or otherwise. Practitioners of law, medicine and dentistry. SecondUpon every daguerrean, ambrotype, photographic and similar artist, ten dollars. Daguerrean and similar artists. ThirdUpon every person carrying on the business of an auctioneer, twenty-five dollars for each county in which they may carry on such business. Auctioneers FourthUpon every keeper of a pool, billiard or bagatelle table, kept for public use (whether in a saloon, barroom, hotel or other public place), twenty-five dollars for each table. Keepers of pool, billiard and bagatelle 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 other alley of like character kept for public play, twenty-five dollars for each place of business. Tenpin and other alleys. SeventhUpon every traveling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap or other articles of like character, twenty-five dollars in each county where they may offer such articles for sale; provided , this shall not apply to maimed Confederate soldiers, who are now, or may hereafter be licensed, by the ordinaries of the various counties to peddle without license, in conformity with section 534, Code of 1872. Traveling Vendors of patent medicines, etc. EighthUpon every person or firm soliciting policies of insurance or otherwise acting as agent of an insurance company, ten dollars in each county in this State in which such firm, person or agent may solicit business, and upon every person or firm soliciting business, or acting as agent for any matrimonial, natal, or nuptial association or company, twenty-five dollars for each company in each county in which such person, firm or agent may solicit business. Agents of insurance companies. Of matrimonial, natal or nuptial associations. NinthUpon each emigrant agent, employer or emeploy 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 and their employes. TenthUpon traveling vendors 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. Traveling Vendors using boats. 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 owner, holds or keeps for hire or sale on commission any piano or pianos, or other musical instruments, the sum of twenty-five dollars for each county in which such person or firm does business. Agents for dealers or owners of musical instruments. ThirteenthUpon each and every male inhabitant in this State, on the first day of April, between the ages of twenty-one and sixty Page 36 years, a poll tax of one dollar for each of said years 1883 and 1884, which tax shall be for educational purposes. Poll-tax. FourteenthUpon all shows and exhibitions (except such as histrionic, musical, dramatical, operatic and elocutionary), including side-shows accompaying circus companies, 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, two hundred dollars 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 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 and intoxicating liquors or intoxicating bitters, 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 the general agent or manager of sewing machine companies, or of wholesale dealers in sewing machines, or of the general agent or manager of sewing machine companies, or any person selling for a retail dealer, or any retail dealer who shall peddle sewing machines, ten dollars in each county where said person may do business as such agent of such sewing machine company, or as the agent of any general agent or manager of sewing machine companies, or as the agent of any wholesale or retail dealer in sewing machines, or such peddler for the purpose of selling single machines to consumers, and not for the purpose of selling to other dealers exclusively; provided , that this tax of ten dollars shall not apply to maimed Confederate soldiers, who are now or may hereafter be licensed by the ordinaries of the various counties to peddle without license, in conformity with section 534, Code of 1873; provided, further , that such maimed soldiers shall peddle said machines in their own right, and not as agent or employs of another. This tax upon such agents shall operate as a lien upon any property of the person or firm (for whom the agent is doing business) to be found in the State; and before such agent or peddler, being a retail dealer, shall be authorized to sell sewing machines as an agent of such sewing machine company, or as the agent of a general agent or manager of sewing machine companies, or as the agent of such wholesale or retail dealer in sewing machines 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 or she proposes to do business, and upon failure to do so shall be liable to indictment, and on conviction shall be fined in a sum of not less than fifty dollars, nor Page 37 more than one hundred dollars, at the discretion of the court trying same, and one-half of such fine shall go to any person who shall report the violation of this law. Sewing Machine Agents and dealers. Proviso in favor of maimed confederate soldiers. This tax to be a lien on property of principal. Record to be made with Ordinary. Penalty for failure. EighteenthAnd upon all dealers in pistols, revolvers, dirk or Bowie knives, the sum of twenty-five dollars for each place of business in each county where the same are sold, and said tax shall be for educational purposes. The tax provided by this paragraph shall be assessed against all dealers in the articles herein enumerated, on and after the first day of April, 1883, and such dealer shall not be liable for said tax of twenty-five dollars prior to the first of April, 1883. Dealers in weapons. Sec. III. Be it further enacted by the authority aforesaid , That the taxes provided for in paragraphs 1, 2 and 13, shall be returned to the tax receiver in the county of the residence of the person liable for such tax, and shall by the receiver of tax returns be entered upon his 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, 17 and 18 of section II of this Act, shall be returned and paid to the tax collectors of the counties where such vocations are carried on. Returns for taxes in certain paragraphs. Of counties where avocations are carried on. Sec. IV. Be it further enacted by the authority aforesaid , That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17 and 18, of section II of this Act, shall be paid in full for the fiscal years for which they are levied to the tax collectors of the counties where such vocations are carried on at the time of commencing to do business specified in said paragraphs. Payments of certain taxes. 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 imposed by this Act on the gross receipts of such insurance companies; all such companies doing a brokerage business in this State, such as discounting notes, bills, drafts or exchange, lending money, or in any manner doing a business pertaining to banking or brokerage business, 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; and every individual or firm engaged in the business of selling or buying farm products for future delivery (commonly called futures) shall pay a tax of two hundred dollars each per annum; provided , that this tax shall not be demanded of any cotton warehouseman, dealer in actual cotton, or any provision broker who takes orders in the regular course of their trade. Insurance companies. When brokerage business is done. Farm products for future delivery. Proviso. Sec VI. Be it further enacted by the authority aforesaid , That the president of all building and loan associations, or associations of like character, shall be required to return to the tax receiver of the county where such associations are located, at its true market value, the stock of such associations owned by the stockholders thereof, upon which, as shown by the books of such associations, no advance has been made on money borrowed thereon by the individual stockholders therein, to be taxed as other money capital in the hands of private individuals is taxed; provided , that no tax shall be required Page 38 of real estate and building associations to be paid upon any portion of its capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholder. Building and loan associations. Proviso. 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, telephone, express, sleeping and palace car companies shall be required to return all of their property whatever of their respective companies, at its true market value, to the tax receiver of the county where 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. Returns to be made by Presidents of manufacturing and other corporations. Sec. VIII. Be it further enacted by the authority aforesaid , That all express, telegraph, telephone and sleeping and palace 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, sleeping and palace 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 of each year to the Comptroller-General, showing an account of their gross receipts during the quarter ending on that day, and said taxes herein levied upon such gross receipts, as shown by said quarterly returns, shall be paid by the respective companies to the Comptroller-General at the time of making said return. Taxes and returns for express, telegraph, telephone, sleeping and palace car companies. Sec. IX Be it further enacted , 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 or retail dealers shall pay the sum of two hundred dollars for each fiscal year or fractional part thereof to the Comptroller-General at the time of commencement of business for each fiscal year or fractional part thereof, and all sewing machines belonging to such companies, dealers or their agents, in possession of such companies, dealers, 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, their general agents and wholesale dealears, shall not be liable for any county tax or license fees by the counties for selling sewing machines therein. 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. Any person who, after the first day of April, 1883, shall violate the provisions of this section shall be liable to indictment, and on conviction shall be fined in a sum of not more than two hundred and fifty dollars and not less than fifty dollars, in the discretion of the court trying the same, and one-half of such fine shall be paid to any person who may report the violation of the provisions of this section. Sewing machine companies and wholesale dealers. Not liable for local taxes. Tax to be paid for each company. Sec. X. Be it further enacted by the authority aforesaid , That each iron safe company selling or dealing in new iron safes, by itself or Page 39 agent, and all dealers in iron safes selling or dealing in new iron safes, and any individual or company making a regular business in dealing in or selling second hand iron safes in this State, shall pay to the Comptroller-General two hundred dollars at the time of commencement of business for each fiscal year or fractional part thereof, and all safes belonging to such companies, dealers or their agents, in possession of such companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such tax. Iron safe companies and dealers in iron safes. Sec. XI. 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 in this State, but the shares of the stockholders of such banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where such banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where such banks or banking associations are 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 in section 7 of this Act. Banks and Banking Associations. Proviso. Sec. XII. Be it further enacted by the authority aforesaid , That the presidents of all railroad companies doing business in this State shall make return 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 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. Returns and payment of tax on railroad companies. Penalty for failure to return and pay tax. Sec. XIII. Be it further enacted by the authority aforesaid , That the president or principal agents of all incorporated companies herein mentioned, except such as are required to make return to the tax receivers of the counties, shall make returns to the Comptroller-General, under the rules and regulations provided by law for such returns, 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. Returns for corporations to be made to Comptroller General, except such as are to be made to tax receivers. Sec. XIV. 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 moneyed capital, and every other species of property at its true and full 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 same, and to propound such questions as may be published Page 40 by the Comptroller-General under the law for the purpose of eliciting full and true returns of the taxable property of this State. Oath to be taken in making returns. Duty of officers to make inquiry. Sec. XV. 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 1883 and 1884, and the Comptroller-General is empowered and required to cause the taxes to be collected and paid into the State Treasury by the twentieth day of December of each of said years 1883 and 1884. Power of Comptroller-General as to time for making returns and payment. 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 December 9, 1882. TO EXTEND THE TIME FOR RETURNING WILD LANDS AND PAYMENT OF TAXES THEREON FOR 1882. No. 38. An Act to extend the time for returning wild lands for taxation in this State, and for the payment of taxes due on such lands for the year 1882, and for other purposes herein mentioned. Whereas, the General Assembly of the State of Georgia passed an Act, approved September 28, 1881, providing for the return of wild lands to the receiver of tax returns and the tax thereon to be paid to the tax collectors of the counties where such lands are located; and whereas , the said law going into effect before the provisions of the same were generally known to the owners of such lands, thereby causing a large number of such owners to be late in making their returns of such lands to the proper receiver for taxation, as required by the Act above mentioned; and whereas , in a number of counties in this State delays have occurred in the levying of the tax for county purposes, whereby owners or their agents of such lands in such counties have been unable to ascertain the amount of tax due for the present year and to pay the same to the tax collector in the time prescribed by law: therefore, Act of Sep. 28, 1881, requiring returns made and taxes paid in counties where wild lands lie. Section I. Be it enacted by the General Assembly of Georgia , That the time for returning wild lands in this State for the year 1882 be extended until the first day of February, 1883, and the receivers of the several counties are hereby empowered and required to receive such returns as may be made of such lands as provided by said Act of September 28, 1881, and to enter same upon wild land digest retained in their county showing returns of such lands for the year 1882, and when such returns as may be made under provision of this Act are received by them, they shall forward a copy of same to the Comptroller-General so that he may enter the same on the digest Page 41 of 1882 in his office, forwarded by the said receivers to him when forwarding their digests as now provided by law, and charge the tax thereon to the tax collector of the county where return is made. Time extended for returning wild lands. Tax receivers to receive returns of wild land for 1882 and report same to Comptroller-General. To be entered by Comptroller-General on digest of 1882. Sec. II. Be it further enacted by the authority aforesaid , That the time for the payment of taxes due upon wild lands which have been returned, and which may be returned under provisions of section I of this Act, be extended until March 1, 1883, and the sale of such lands for non-return or non-payment of taxes due thereon be suspended until October 1, 1883. Time of payment extended. Sales of for non-return or non-payment extended. Sec. III. Be it further enacted by the authority aforesaid , That immediately after the passage of this Act, it shall be the duty of the Comptroller-General to issue his instructions to the tax receivers and collectors of the several counties in this State for their guidance in the receiving of returns, collection of the taxes and the selling of such lands as provided for by this Act. Comptroller to issue instructions to Tax Receivers and Collectors. 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 December 1, 1882. TAXATION OF RAILROADS BY COUNTIES AND MUNICIPAL CORPORATIONS ON PROPERTY NOT USED IN THEIR ORDINARY BUSINESS. No. 273. An Act to provide that all property owned by any railroad corporation of this State, and not used by said corporation in carrying on its usual and ordinary business, shall be taxable by the counties and municipal corporations in which such property is situated, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That on and after the passage of this Act all property owned by any railroad corporation of this State, and not used by said corporation in carrying on its usual and ordinary business, shall be taxable by the counties and municipal corporations in which such property is situated. All property of railroads not used in their ordinary business, by whom taxable, Sec. II. Be it further enacted , That the presidents of said railroad corporations, or such other agents as may be designated by said corporation, shall, after the first day of April and before the first day of July in each year, make a true and correct return, under oath, of all such property to the tax receivers or assessors of the counties and municipal corporations in which such property may be located. President or other agent must make returns under oath between April 1st and July 1st. Sec. III. Be it further enacted , That should the president, or other designated agent of any corporation as aforesaid, fail to make return Page 42 as aforesaid of all such property, then said tax receivers or assessors shall proceed and assess the same as in cases of other private property. President, c, fails to make returns. Sec. IV. Be it further enacted , That should any railroad corporation neglect or fail to pay the taxes required or assessed as aforesaid, then the tax collector of the counties, or the clerk or other officers authorized to issue executions in the municipal corporation where such tax is due, shall issue execution against such corporation, as in cases of private individuals, and all other proceedings thereon shall be the same as in other cases where execution is issued by a tax collector. Executions how issued etc., on failure to pay tax. 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 24, 1883. FOR TAXING ROLLING STOCK AND PERSONAL PROPERTY OF RAILROADS PARTLY IN THIS AND PARTLY IN OTHER STATES. No. 410. An Act to provide for taxing the rolling stock and other personal property of railroads lying partly in this State and partly in other States. Section I. Be it enacted by the General Assembly of the State of Georgia , That all railroad companies operating railroads lying partly in this State and partly in other States shall be taxed as to the rolling stock thereof and other personal property appurtenant thereto, and which is not permanently located in any of the States through which said railroads pass, as follows: Said railroad companies shall be liable to pay taxes on so much of the whole value of said rolling stock and said personal property as is proportional to the length of the said railroad in this State, without regard to the location of the head office of such railroad companies. Rolling stock taxable. Taxes proportioned to length of road in this State. 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 27, 1883. Page 43 AMENDATORY OF ACT OF SEPTEMBER 28, 1881, AS TO RECORD OF WILD LAND RETURNS, NOTIFICATION OF OWNERS, Etc. No. 467. An Act to amend an Act entitled an Act to 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, approved September 28, 1881, so as to require the receiver of tax returns to notify non-residents or their agents of the receipt of their returns immediately upon the receipt of the same by them, and also to require tax collectors to notify non-residents or their agents of the amount of tax due by them, and to provide for the payment of the postage account of the receiver and collector in complying with the provisions of this Act. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act to 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, approved September 28, 1881, be, and the same is hereby so amended as to require the receiver of tax returns to notify non-resident or their agents of the receipt of their returns immediately upon the receipt of the same by them, and also to require the tax collectors, as soon as the digests are turned over to them and the rate of tax levied, to notify non-residents or their agents of the amount of tax due by them. Act of Sep. 28, 1881, amended. Owners and agents must be notified of their returns by Tax Receivers. Sec. II. Be it further enacted by the authority aforesaid , That if any person shall suffer injury by the failure of the tax collectors to do their duty as prescribed in the first section of this Act, the officer so offending shall be liable on his bond to the party so damaged for the full damage sustained by the owner of said land, including all costs and expenses of redeeming or recovering his land, or the value of the land not redeemed or recovered. Officer failing to do his duty liable on his bond for the damage incurred. Sec. III. Be it further enacted by the authority aforesaid , That notice forwarded by due course of mail shall be held and deemed a sufficient compliance with the requirements of this Act by the receiver and collector. Notice forwarded duly by mail sufficient. Sec. IV. Be it further enacted by the authority aforesaid , That the receiver and collector shall be allowed and paid their respective accounts annually incurred for postage in carrying out the requirements of this Act upon a sworn account properly audited by the officer or officers having charge of the county finances. Receivers and Collectors, how reimbursed postage expenditures. 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 8, 1883. Page 44 TITLE III. CONSTITUTION. ACTS. To carry into effect last clause of paragraph 1, section 1, article 7, of Constitution of 1877. TO CARRY INTO EFFECT LAST CLAUSE OF PARAGRAPH 1, SECTION 1, ARTICLE 7, OF CONSTITUTION OF 1877. No. 333. An Act to amend an Act to carry into effect the last clause of paragraph 1, section 1. article 7, of the Constitution of 1877, approved September 20, 1879, by striking the word five in the third line of the third section of the above recited Act, and insert in lieu thereof the word three after the word in and before the world years . Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the third section of 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 20, 1879, be amended by striking the word five in the third line of the third section of the above recited Act, and insert in lieu thereof the word three to come in after the word in in the third line of said section and before the word years , so as said section, when amended, will read as follows: Be it enacted by the authority aforesaid, that no applicant shall receive the sum allowed oftener than once in three years. Act of Sept. 20th, 1879, amended so as to allow maimed Confederate soldiers to receive sums mentioned in said Act not oftener than once in three 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 26, 1883. Note.By the Act of September 20, 1879, maimed Confederate soldiers were allowed certain sums for artificial limbs, and it was provided that no applicant should receive the sums mentioned oftener than once in five years. Page 45 TITLE IV. CODE AMENDMENTS. ACTS. Restriction as to where electors may vote. Nuisances within jurisdictional limits of Savannah. Sale of wild land for unpaid taxes. Possession of estate of husband by wife. Punishment for escapes from penitentiary. Carrying concealed weapons. Service of bills in equity. General fence law amended. Section 1409 as to practice of medicine to be given in charge to grand juries. Breaking a pound prohibited. Contested elections for constable and others. Presidential electors and secretary electoral college, pay of. Answers in equity, when to be filed. Liquor dealers, registration of. Dockets of clerks superior courts. Stock shares in manufacturing companies transferable. Employing or decoying servant of another. Illegalities, when tried in justices' courts. Open accounts, how proved in justices' courts. Adoption of children. Servants, croppers or farm laborers, employing or decoying away prohibited. Institute for the Blind, reception of pupils in. Ordinary, fees of in certain cases. Spirituous liquors, retailing without license. Homestead, proceeding when ordinary and clerk superior court are disqualified. Disabled Confederate soldiers allowed to peddle in cities and towns. Juries in justices' courts. Inheritance by mothers. Running of trains on Sunday. Constable's sales under mortgage fi. fas. Mortgages on personalty, how foreclosed before justices of the peace. Regulating practice of medicine. Lunatic Asylum, bond of treasurer. Decrees in vacation by superior court judges. Relating to pilots. Clerks of courts of ordinary, powers of. Receiving stolen goods from negroes. Jurors for trials as to certain nuisances. Firing fences or crops of another made a felony. Hunting on land of another. Supreme court, sheriff of. Foreclosure of mortgages on personalty. Non-resident administrators and executors, removal of suits against. To regulate publication of Supreme Court Reports. Page 46 RESTRICTION AS TO WHERE ELECTORS MAY VOTE. No. 27. An Act to repeal section 1278 of the new Code of Georgia, which provides where electors may vote. Section I. Be it enacted by the General Assembly of Georgia , That section twelve hundred and seventy-eight of the new Code of Georgiawhich reads as follows, to-wit: Any qualified voter for members of the General Assembly may vote for any candidate or upon any question which is submitted to all the voters of the State, in any county of the State, and for any candidate or question which is submitted to all the voters of any district or circuit in any county of the circuit or district in which is embraced the county of the voter's residencebe, and the same is hereby repealed. Section 1278, relating to place where electors may vote, repealed. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 8, 1882. ABATEMENT AND REMOVAL OF NUISANCES WITHIN JURISDICTIONAL LIMITS OF CITY OF SAVANNAH. No. 32. An Act to amend section 4875 of the Code of 1873 conferring upon the mayor and aldermen of the city of Savannah power to require the abatement and removal of nuisances within the jurisdictional limits of said city. Section I. The General Assembly of the State of Georgia do hereby enact , That from and after the passage of this Act, section 4875 of the Code of 1873, which gives the mayor and aldermen of the city of Savannah power to require the abatement and removal of nuisances within the jurisdictional limits of said city, shall be amended by the addition of the following words immediately after the words jurisdictional limits of said city in the first paragraph of said section, viz: Which jurisdictional limits shall extend one mile beyond the present corporate limits, or any future extension of the same. Section 4875 so amended as to extend jurisdictional limits of Savannah one mile beyond the corporate limits. Sec. II. 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 December 12, 1882. Page 47 SALE OF WILD LANDS FOR UNPAID TAXES. No. 41. An Act to amend section 874 B of the Code of 1882 in reference to the sale of wild lands. Section I. Be it enacted by the General Assembly of the State of Georgia' That section 874 B of the Code of 1882 be, and the same is hereby amended by striking from the third and fourth lines of said section the words Receiver of Tax Returns , and insert in lieu thereof the words, Tax Collector , so that said section, as amended, will read as follows: 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 ` Tax Collector ,' when taxes are not paid in the time prescribed by law, to issue executions against said wild lands, 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 returns 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 lands in either county containing any portion of said lots or tracts of land. Section 874 b, amended so that Tax Collectors instead of Tax Receivers are to issue executions for default in return and payment of tax on wild lands. 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 13, 1882. WIFE MAY TAKE POSSESSION OF ESTATE OF HUSBAND AFTER HIS DEATH. No. 52. An Act to amend section 1762 of the Code of 1882 so that the wife, upon the payment of the debts of the husband, may take possession of his estate without administration, sue for and recover the same. Section I. The General Assembly enacts , That from and after the passage of this Act, section 1762 of the Code of 1882 be, and the same is hereby amended by adding at the close of the said section the following, to-wit: and upon the payment of his debts, if any, may take possession of his estate without administration, so that said section shall read as follows: Upon the death of the husband without lineal descendants, the wife is his sole heir, and upon the Page 48 payment of his debts, if any, may take possession of his estate without administration, sue for and recover the same. Wife given right to take possession of estate of husband after his death, on paying his debts. Sec. II. And it is further enacted , That all laws militating against this Act be, and the same are hereby repealed. Approved December 12, 1882. PUNISHMENT FOR ESCAPES FROM PENITENTIARY. No. 91. An Act to amend section 4484 of the Code of 1882, which prescribes the punishment for escapes from penitentiary in felony 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 4484 of the Code of Georgia be, and the same is hereby amended by striking out the words, the term of four years, in the fifth line of said section, and inserting in lieu thereof the words, for any time not less than three months nor longer than four years, so that said section 4484, as amended, shall read as follows, to-wit: Sec. 4484 so amended that the punishment for escape from Penitentiary shall be confinement therein for from three months to four years. If any person confined in the penitentiary shall escape therefrom, and be thereafter retaken, such person shall be indicted for an escape, and, on conviction, shall be punished by imprisonment and labor in the penitentiary for any time not less than three months nor longer than four years; and any person who shall aid or assist a prisoner confined in the penitentiary to escape, or in an attempt to escape therefrom, shall, on conviction, receive the like punishment. 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 10, 1883. CARRYING CONCEALED WEAPONS. No. 93. An Act to amend section 4527 of the Code of 1882 in reference to carrying concealed weapons by striking out certain words in the third line of said section. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 4527 of the Code of 1882 be, and the same is hereby amended, by striking out the words except horseman's pistol in the third line of said section, Page 49 so that said section, as amended, shall read as follows, to-wit: Any person having or carrying about his person, unless in an open manner and fully exposed to view, any pistol, dirk, sword in a cane, spear, Bowie-knife, or any other kind of knives manufactured and sold for the purpose of offense and defense, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of this Code. Words except horseman's pistol, stricken from section 4527. 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 17, 1883. TIME FOR SERVING IN EQUITY CHANGED. No. 95. An Act to amend section 4184 of the Code of 1882, which prescribes the time of filing and serving bills in equity, by striking out of the fifth line of said section the words twenty-five, and inserting in lieu therefor the word fifteen. Section I. Be it enacted by the General Assembly of the State of Georgia , That section forty-one hundred and eighty-four of the Code of Georgia of 1882 be amended by striking out of the fifth line of said section the words twenty-five, and inserting in lieu thereof the word fifteen, so that said section, when amended, shall read as follows: No bill shall require the sanction of the judge before its filing unless it prays some extraordinary remedy. Each bill shall be filed in the clerk's office at least thirty days before the term to which it is returnable, and shall be served on the defendant at least fifteen days before such term. Bills in Equity to be served fifteen days before return Term. 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 17, 1883. GENERAL FENCE LAW AMENDED. No. 134. An Act to amend section one thousand four hundred and fifty-five (1455) of the Code of Georgia of 1882, which provides for submitting to the lawful voters of any county in this State, upon the petition of fifty freeholders of such county, the question of fence or no fence, by authorizing elections to be held under said section on the first Wednesday in July, and by a 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 of the Page 50 Code of Georgia be, and the same is hereby amended by striking from the sixteenth line of said section the words, at such time as said ordinary shall appoint, and inserting in lieu thereof the words, on the first Wednesday in July following. Section 1455 amended. Sec. II. Be it further enacted , That said section 1455 be further amended by inserting in the twenty-third line of said section, immediately after the word resides, a proviso as follows: Provided, further , that said election shall not be held oftener than one time in every year, so that said section, when amended, will read as follows: The foregoing provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 shall become operative in any county in this State upon the following terms and conditions: Whenever so many as fifty freeholders in any county in 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 notice to be published twenty days. If a counter petition of freeholders is filed, amounting to fifty persons, then the ordinary shall proceed no further. If such petition of freeholders is not met by such counter petition, or if met by such counter petition is supported by a petition of so many as twenty five additional freeholders, then the ordinary aforesaid shall at once proceed to have an election held in such county on the first Wednesday in July following, in which the question shall be submitted to the lawful voters of said county of fence or no fence, said election to be held at the court ground in each militia district, and under the same rules and regulations as provided for members of the General Assembly, and after thirty days' notice in 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; provided, further , that such election shall not be held oftener than one time in every year. 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 be for no fence, then the provisions of said six sections shall take effect in such county within six months thereafter. Provided , that this Act shall not be operative nor take effect until the first Wednesday in July, 1884. 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 freeholders, or a majority of freeholders 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 by notice at all election precincts and public places in said district, which said notice shall be published for Page 51 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 elections 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 election is for stock law, then the provisions of said six sections shall take effect in such miltia district within six months thereafter; provided , that said elections shall not be held oftener than one time in every year. Elections to be held not oftener than once in any year. So that Section 1455 will read. 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 5, 1883. JUDGES TO GIVE IN CHARGE TO GRAND JURIES SECTION 1409 OF THE CODE AS TO THE PRACTICE OF MEDICINE No. 144. An Act to make more effective section 1409, Code of 1882, said section being an Act to regulate the practice of medicine. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, it shall be the duty of the judges of the superior courts, at each term of said courts, to give specially in charge to the grand juries for the (2) two ensuing years next after the passage of this Act, the provisions of section 1409, Code of 1882, regulating the practice of medicine. Provisions of Section 1409 to be given in charge to grand juries for two ensuing 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 8, 1883. BREAKING A POUND AND RELEASING ANIMALS LEGALLY IMPOUNDED PROHIBITED. No. 184. An Act to amend section 1453 of the Code of 1882, which makes it a misdemeanor to illegally impound or estray animals, by making it a misdemeanor to break a pound and release animals legally impounded, and for other purposes. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, section 1453 of the Code of 1882, Page 52 which provides a penalty for illegally impounding or estraying animals in counties which have adopted the no fence laws be, and the same is hereby amended by inserting between the words animals, such, in the ninth line, the words, or if any person shall break a pound and release any animal which has been legally impounded or estrayed without having first paid all damages that may have been incurred. Made a misdemeanor break a pound and release animals legally impounded. Sec. II. Be it further enacted , That said section of the Code be further amended by inserting between the words animals, double, in the fifteenth line of said section, the words, or pounds, so that said section, as amended, will read as follows: If any person shall, under the pretext of the provisions of this law, unnecessarily or out of mere vexation, take up and impound any such animal or animals, or, after having taken up and impounded any such animal or animals, shall fail to give the notice required by the preceding section or to estray them in case the owner is not known or ascertained within the time prescribed by said section, or shall fail to give proper care and attention as herein provided, or in any manner shall injure or maltreat any such animal or animals, or if any such person shall break a pound and release any animal which has been legally impounded or estrayed, without having first paid all damages that may have been incurred, such person, so offending, shall be deemed guilty of a misdemeanor, and, on indictment or conviction before any court having jurisdiction of such offenses, shall be punished by fine or imprisonment in the common jail, in the discretion of the presiding judge who shall try said cause, the fine not to exceed one hundred dollars and the imprisonment not to exceed one month, and, in addition, shall pay the owner of such animal or animals, or pounds, double the amount of damages actually sustained by a violation of the provisions of the last five sections of the chapter. Breaker of pound liable in double amount of damage done. 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 14, 1883. Page 53 CONTESTED ELECTIONS FOR CONSTABLE, CORPORATE OFFICERS AND OTHERS NOT OTHERWISE PROVIDED FOR. No. 260. An Act to alter and amend section 1333 of the Revised Code of 1882 of this State, which section prescribes in all elections for constables, corporation officers or other officers not otherwise provided for; contests as to their election shall be heard and decided by the court or person who by law issues the certificate of election, so that said section, when amended, shall provide that in all cases of contests of elections of such officers, the testimony shall be taken as provided in section 1329 of said Code, which shall be submitted to the judge of the superior court of the circuit in which the county, where the contest exists, is located, 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 1333 of the Revised Code of 1882 of this State be, and the same is hereby amended by striking from said section all the words contained therein after the word above in the third line, and inserting in lieu thereof the following words, to-wit: Where there is a contest, the testimony shall be taken as is prescribed in section 1329 of this Code, and be submitted to the judge of the superior court of the circuit in which the county where the contested election was held is located, (if said judge is absent from his circuit, or from any cause is disqualified from hearing said contest, the said testimony may be submitted to any other judge of the superior court of this State), who shall decide said contest within twenty days after the same is submitted. In all elections for constable, corporation officers, or other officers not provided for above, when there is a contest, the testimony shall be taken as is prescribed in section 1329 of this Code, and be submitted to the judge of the superior court of the circuit in which the county where the contested election was held is located, (if said judge is absent from his circuit, or from any cause is disqualified to hear said contest, then said testimony may be submitted to any other judge of the superior court of this State), who shall decide said contest within twenty days after the same is submitted. Testimony in contested elections for constable, corporate officers and others not otherwise provided for, to be taken as prescribed in Section 1329 of the Code. Contest to be decided by Judge of the Superior 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 21, 1883. Note I.By this Act contests therein provided for are placed on the same footing with contests for offices generally as to taking testimony. See section 1329 of the Code. It seems that there is unnecessary repetition in the Act. Page 54 PAY AND MILEAGE OF PRESIDENTIAL ELECTORS AND PAY OF SECRETARY OF ELECTORAL COLLEGE. No. 270. An Act to alter and amend section 1317 of the Code in reference to the pay and mileage of electors and the pay of the secretary of the electoral college. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1317 of the Code of Georgia of 1882which reads as follows, to-wit: The pay of electors shall be eight dollars per day for every day required in remaining at the capital on their mission and eight dollars for every twenty miles in going to and returning therefrom, said mileage to be computed as that of members of the General Assembly. The pay of the secretary shall be one hundred dollars, all of which is to be paid either out of the Contingent Fund or out of any money in the treasury not otherwise appropriated, in the discretion of the Governorbe so amended and altered as to read as follows, to-wit: The pay of electors shall be fifty dollars each for the whole time they are required to remain at the capital on their mission, and ten cents for each mile traveled by the nearest practicable route in going to and returning from the capital. The pay of the secretary shall be eight dollars per day for every day required in attending the electoral college as secretary thereof, all of which is to be either paid out of the Contingent Fund or out of any money in the treasury not otherwise appropriated, in the discretion of the Governor. Pay and mileage of electors changed. Pay of Secretary. 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 24, 1882. FILING OF ANSWERS IN EQUITY. No. 272. An Act to repeal an Act entitled an Act to amend section 4194 of the Code of 1873, which prescribes the time within which answers must be filed in equity by providing for cases where demurrers or pleas are filed, but not determined at the first term, approved September 24, 1881. 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 Act of the Legislature, approved September 24, 1881, entitled an Act to amend section 4194 of the Code of 1873, which prescribes the Page 55 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, which Act has been incorporated in section 4194 of the Code of 1882, be, and the same is hereby repealed. Section 4194 amended 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 24, 1883. Note.By this Act answers in equity are to be filed within thirty days after the first term of the court, whether there are undetermined pleas or demurrers or not. REGISTRATION OF LIQUOR DEALERS. No. 277. An Act to amend section 809 (b) of the Code of 1882, which provides for the registration of liquor dealers. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 809 (b) of the Code of 1882 be amended by striking from said section, April, 1882, in the second line thereof, and adding in lieu thereof, January, 1884, and annually thereafter, so that said section, when amended, shall read as follows: From and after January 1, 1884, and annually thereafter, 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. Liquor dealers, after Jan. 1st, 1884, to register before Ordinary before commencing business. 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 24, 1883. DOCKETS TO BE KEPT BY CLERKS OF THE SUPERIOR COURTS. No. 285. An Act to amend section two hundred and sixty-seven (267) of the Code of Georgia, so as to prescribe what dockets shall be kept by the clerks of the superior courts of this State, and to provide for the manner in which cases shall be entered thereon. 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 two hundred and sixty-seven (267) of the Code of Georgia (1882) be Page 56 amended by striking out paragraph five of said section, which provides for certain dockets to be kept by the clerks of the superior courts, and inserting in lieu thereof the following words and figures, to wit: Dockets to be kept by Clerks of the Superior Courts. 5. To keep in his office, in vacation and in court, during term time, the following dockets, to-wit: An issue docket, on which shall be placed all civil cases pending in their respective courts, in which an issue to be tried by a jury is made or likely to be made; a motion docket, on which shall be placed only those motions which are to be decided by the judge without the intervention of a jury; all civil cases pending in the superior court shall be entered on one of the two above-named dockets, and in all cases shall be entered and stand for trial in the order in which they came into court, without reference to the nature of the case, and such entry shall include the names of the parties and their attorneys, the nature of the action and the character of service; no other entry or memoranda shall be made on such dockets, except by the presiding judge or his order; he shall also keep an appearance docket for common law cases only; two subp[UNK]na docketsone for civil, the other for criminal cases; such dockets shall show the name of the person for whom subp[UNK]na issued, its date, at whose instance it was issued, and to whom delivered, and shall likewise show all commissions for interrogatories which may have been issued; an execution docket which shall show the names of the parties and their attorneys, date, the time returnable, to whom and when delivered, when returned and memoranda of all entries on the original; a trial docket of criminal cases, showing the names of the parties, their attorneys and the character of each case in the order in which they were returned to court; also a docket of criminal cases, to be known as the dead docket , to which cases shall be transferred, at the discretion of the presiding judge, and which shall only be called at his pleasure; duplicates of the issue and motion dockets for the use of the bar. Issue docket. Motion docket. How cases must be entered thereon. No other entries except by Judge or order. Dockets to be kept. What they must show. Execution docket. What it must show. Trial docket of criminal cases. What it must show. Dead docket of criminal cases. Duplicates. Sec. II. Be it further enacted by the authority aforesaid , That this Act shall take effect and be in force January 1, 1884. This Act to take effect January 1, 1884. 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 25, 1883. STOCK REPRESENTING SHARES IN MANUFACTURING COMPANIES MADE TRANSFERABLE AS PERSONALTY. No. 287. An Act to amend section 2237 of the Revised Code of Georgia, defining personalty, so as to make stock representing shares in manufacturing companies transferable as personalty, 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 section 2237 of the Revised Page 57 Code of this Statewhich reads as follows: Personalty, or personal estate, includes all such property as is movable in its nature; in fact, everything having value inherent in itself, or the representation of value, and not included in the definition of realty; stocks representing shares in an incorporated company holding lands, or a franchise in or over lands, are personalty, except in mining and manufacturing companies, whose principal investments are in realty and machinery attached thereto, in which case the stock shall be deemed realty - be amended by adding to said section the words following, to-wit: But the stock representing shares in manufacturing companies may be transferred from one person to another, for any purpose whatsoever, by the same means as are, or may be, allowed by law for transfer of personal property, so that said section, as amended, will read as follows: Personalty, or personal estate, includes all such property as is movable in its naturein fact, everything having value inherent in itself or the representative of value, and not included in the definition of realty. Stocks representing shares in an incorporated company holding lands, or a franchise in or over lands, are personalty, except mining and manufacturing companies, whose principal investments are in realty and machinery attached thereto, in which case the stock shall be deemed realty, but the stock representing shares in manufacturing companies may be transferred from one person to another, for any purpose whatsoever, by the same means as are, or may be, allowed by law for the transfer of personal property. Section 2237 so amended as to make stock representing shares in manufacturing companies transferable as personalty. 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 25, 1883. EMPLOYING OR DECOYING AWAY SERVANT OF ANOTHERPUNISHMENT CHANGED. No. 306. An Act to amend section 4500 of the Code of 1882, which provides for the punishment of persons who shall employ, entice or decoy any servant of another away from his employer, by changing the penalty for said offense. 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 of the Code of 1882, which provides for the punishment of persons who shall employ, entice or decoy any servant of another away from his employer, shall be, and the same is hereby amended by striking from said section all the words that occur after the word thereof, in the third line from the bottom of said section, and inserting in lieu thereof the words, shall be punished as prescribed in section 4310 of this Code, so that the punishment for Page 58 said offense shall be as prescribed in section 4310 of the Code, instead of is as now prescribed by law. Employing or decoying away the servant of another punished as prescribed in Sec. 4310 of the Code. Section 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 25, 1883. Note.Heretofore the penalty for offense mentioned above was fine of not more than $200 or imprisonment not more than three months. ILLEGALITIES, WHEN TRIED IN JUSTICES' COURTS. No. 307. An Act to amend section 4163 of the Code of 1882 in reference to the trial of illegalities in the justice courts of this State by making the same returnable to and trial be at the regular terms of said courts. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 4163 of the Code of 1882, which provides for the trial of illegalities in the justice courts of this State, be, and the same is hereby amended by striking out all the words occurring after the word State, in the third line thereof, and inserting in lieu thereof the following words, to-wit: It shall be tried at the next regular term of said court convening after said illegality has been returned to said court for five days, so that said section shall read, when amended, as follows: When an issue is made by an affidavit of illegality, as now provided by law, and returned to any justice court in this State, it shall be tried at the next regular term of said court convening after said illegality has been returned to said court for five days. Illegalities to be tried in Justices Court at next term after lapse of five days from return of illegality. 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 25, 1883. PROOF IN SUITS ON OPEN ACCOUNTS IN JUSTICES' COURTS. No. 324. An Act to amend section 4151 of the Code of 1882, which provides for proving accounts in justice courts against non residents, by striking therefrom and inserting therein certain words herein mentioned. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited section of the Code be, and the same is hereby amended by striking out the words, against a party who Page 59 has removed from the county in which the debt was contracted, or who resides out of the county in which the debt was contracted, in the second, third and fourth lines of said section, and inserting in lieu thereof the words, in a justice court, and by striking out the word must, in the fourth line of said section, and inserting in lieu thereof the word may, and to add certain provisos there-to, so that, when amended, said section shall read as follows: when suit is brought upon an open account in a justice court, such account may be proved by the written affidavit of the plaintiff, and when so proved shall be received in evidence as if it was proved in open court; nevertheless , if the defendant will file his written affidavit, denying the justice and fairness of the whole or any part of such account, the court shall not give judgment in favor of the plaintiff for that part of the account so denied and controverted, unless supported by other proof; provided , that in all cases when such affidavit is made, there shall be personal service upon the defendant before judgment is given for the plaintiff under the provisions of this section; provided further , that in all cases where a counter affidavit is filed by the defendant, and the plaintiff is not present at the court, it shall be the duty of the justice of the peace to continue such case until the next term of said court; and provided further , that nothing in this section contained shall apply to suits against administrators and executors on contracts of their deceased testators and intestates. Accounts sued on in Justices' Courts may be proved by affidavit. Provided that where counter affidavit is made there must be personal service before judgment. Not to apply to administrators and Executors. 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 26, 1883. Note.This Act applies to accounts against both residents and non-residents. ADOPTION OF CHILDREN. No 328. An Act to amend section 1788 of the Code of this State in reference to the mode prescribed for adopting children. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1788 of the Code of this State of 1882 be, and the same is hereby amended as follows: by inserting after the words superior court, in the third line of said section, the following amendment: Of the county in which said child may be domiciled, so that said section, as amended, shall read as follows: Any person desirous of adopting a child, so as to render it capable of inheriting his estate, may present a like petition to the superior court of the county in which said child may be domiciled, setting forth as an additional fact the name of the father, and if he be dead, or has abandoned his family, the name of the mother and the consent of such father or Page 60 mother to this act of adoption, and if the child have neither father nor mother, then the consent of no person shall be necessary to said adoption, the remainder of said section to remain as it now is. Petition to adopt child to be presented to Judge of Superior Court of county of child's domicil. 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 26, 1883. EMPLOYING OR DECOYING AWAY SERVANTS, CROPPERS OR FARM LABORERS PROHIBITED. No. 335. An Act to alter and amend section forty-five hundred (4500) of the Code of Georgia of 1882 with reference to illegal employment of servants. 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 forty-five hundred (4500) of the Code of Georgia of 1882 be amended by inserting after the word servant, in the second line thereof, the words cropper or farm laborer; also, by inserting after the word servant, in the fifth line thereof, the words cropper or farm laborer; also, after the word servant in the tenth line thereof, the words cropper or farm laborer, whether under a written or parol contract, after he, she or they shall have actually entered the service of his or her employer; also, by inserting after the word servant, in the twelfth line thereof, the words cropper or farm laborer, so that said section, when amended, shall read as follows: If any person, by himself or agent, shall be guilty of employing the servant, cropper or farm laborer of another, under a written contract, which shall be attested by one or more witnesses, during the term for which he, she or they may be employed, knowing that such servant, cropper or farm laborer was so employed, and that his term of service was not expired; or if any person or persons shall entice, persuade or decoy, or attempt to entice, persuade or decoy and servant, cropper or farm laborer, whether under a written or parol contract, after he, she or they shall have actually entered the service of his or her employer, to leave his employer, either by offering higher wages, or any way whatever, during the term of service, knowing that said servant, cropper or farm laborer was so employed, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed by section 4310 of the Code of this State. Employing the servant, cropper or farm laborer of another, under a written contract of service made misdemeanor. Enticing, persuading or decoying away the servant, cropper, or farm laborer of another made 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 26, 1883. Page 61 INSTITUTION FOR THE BLINDRECEPTION OF PUPILS IN. No. 345. An Act to amend section 1215 of the Revised Code of Georgia of 1882, so far as relates to the manner of receiving pupils in the institution for the blind. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 1215 of the Revised Code of Georgia of 1882 be, and the same is hereby amended by adding, immediately after the words twenty-five years, in the third line of said section, the following words, viz: Who shall have given satisfactory evidence of having been a resident of this State for at least two years prior to his or her application, so that the section, as amended, will read as follows: All indigent blind persons, between the ages of seven and twenty-five years, who shall have given satisfactory evidence of having been a resident of this State for at least two years prior to his or her application, shall be selected by the trustees from the different counties of this State, received into the academy, and supported and educated gratuitously to the extent the funds will permit. Residence in this State for two years a requisite for admission to the Institution for the Blind. 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 26, 1883. ORDINARIESFEES OF IN CERTAIN CASES. No. 346. An Act to alter and amend section 3694 of the Code of 1882, of this State, in reference to certain fees of the ordinaries of this State. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, section 3694 of the Code of 1882, of this State, which prescribes the fees of the ordinaries of this State, be, and the same is hereby altered and amended by striking out of the fiftieth and fifty-first lines of said section the word twelve, and inserting in lieu therefor the word fifteen (15), so that said lines of said section, as amended, shall read as follows: For recording all vouchers accompanying returns of administrators, executors and guardians per 100 words, 15; for recording any instrument of writing not mentioned, per 100 words, 15. Fees of Ordinary, for recording vouchers of executors, administrators, and guardians. For recording instruments of writing not mentioned specifically 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 26, 1883. Page 62 RETAILING SPIRITUOUS LIQUORS WITHOUT LICENSE. No. 349. An Act to alter and amend section 4565 of the Revised Code of 1882, and the Acts amendatory thereof, in reference to retailing spirits without a license. 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 4565 of the revised Code of Georgia of 1882, and the Acts amendatory thereof, in reference to retailing spirits without a license, be, and the same is hereby amended by striking therefrom the word ordinary, in the seventh line of said section, and inserting in lieu thereof the words proper authority invested by law with power to issue license in said county; also, that said section 4565 be, and the same is hereby amended by striking out, in the second line thereof, the words by the quart; also, by striking out of the third and fourth lines thereof the following words, namely, in quantities less than one quart, so that said section, when so amended, shall read as follows: If any person shall keep a tippling shop, or sell without the license, and taking the oath prescribed in the Code, or sell by retail any wine, brandy, rum, gin or whisky, or other spirituous liquors, or any mixture of such liquors, in any house, booth, arbor, stall or other place whatever, without license from the proper authority invested by law with power to issue license in said county, or without license from the corporate authorities of any town or city, where by law authority to grant license is vested in the corporate authorities of such towns or cities, such persons so offending shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of this Code; provided , no person shall be liable to indictment in the superior courts of this State for a violation of this section when said person has been tried by the corporate authorities for the same offense. Sellers and retailers of spirituous liquors required to obtain license from county or corporate authorities. 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 27, 1883. Note.As bearing upon this Act, see Decisions of Supreme Court of Georgia, Adams vs . Gormley, Ord'y. September Term, 1882, pam. p. 17; Ibid , McArthur vs . State, p. 43. Page 63 SETTING APART OF HOMESTEAD AND EXEMPTION WHERE ORDINARY AND CLERK OF SUPERIOR COURT ARE DISQUALIFIED. No. 353. An Act to amend section 2003 (a) of the Code of 1882 providing for the setting apart of a homestead of realty and exemption of personalty, where the ordinary is disqualified from hearing or passing upon the same, so as to authorize the judge of the superior court of the county of the applicant's residence to receive and pass upon such application, at chambers, in the county of the residence of such judge, where both the ordinary and clerk of the superior court of the applicant's residence are disqualified under existing laws. Section I. The General Assembly of the State of Georgia do enact , That section 2003 (a) of the Code of 1882, providing for setting apart of a homestead of realty and exemption of personalty, where the ordinary is disqualified from hearing and passing upon the same, be, and the same is hereby amended so as to authorize the judge of the superior court of the county of the applicant's residence to receive and pass upon such application, at chambers, in the county of the residence of such judge, where both the ordinary and clerk of the superior court of the applicant's residence are disqualified under existing laws. Where Ordinary and Clerk of Superior Court are disqualified setting apart homestead and exemption to be heard and passed upon by Judge of Superior Court. Sec. II. And be it further enacted by the authority aforesaid , That in all cases where application is made to the judge of the superior court for the setting apart of a homestead and exemption of personalty under this Act, said judge shall receive said application and schedule and proceed to set apart said homestead in the same manner as now provided by law for ordinaries in this State, except that the time and place for hearing and passing upon said application shall be at chambers, in the county of the residence of the judge, as provided by this Act. Procedure the same as in applications to Ordinary. Except that time and place of hearing is to be at chambers in county of Judge's residence. 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 26, 1883. Page 64 DISABLED CONFEDERATE SOLDIERS ALLOWED TO PEDDLE WITHOUT LICENSE IN TOWNS AND CITIES. No. 358. An Act to amend section 534 of the Code of 1882 by inserting after the words county or counties, in the third line of said section, towns or cities, so as it will read as follows: Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 534 of the Code of 1882 be amended so as to read as follows: It shall be lawful for any disabled Confederate soldier of this State to peddle in any county or counties, towns or cities thereof without paying license for the privilege of so doing, and a certificate from the ordinary of any county stating the fact of his being such disabled Confederate soldier shall be sufficient evidence thereof; provided , that this section shall not authorize peddling ardent spirits, and provided also , that the privilege herein granted shall not be transferred to or used by any other person. Disabled Confederate soldiers allowed to peddle without license in towns and cities as well as in counties of this State. 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 26, 1883. JURIESHOW MADE UP IN JUSTICES' COURTS. No. 376. An Act to amend sub-section 4157 (c) of the Code of 1882 of Georgia prescribing the manner of making up juries in justices' courts, and for other purposes. Section I. The General Assembly of Georgia do hereby enact , That the sub-section 4157 (c) of the Code of 1882 of Georgia shall be amended by inserting between the figure 1 and the word said, in the 8th line, the following: If the list is, in the discretion of the justice of the peace or notary public, as the case may be, too small, then the justice of the peace, notary public and one of the jury commissioners, and if no notary, then the justice of the peace and two of the jury commissioners of the county may select from the list of the tax-payers of the district such a number of the most upright and intelligent men, as they may see fit and proper, to add to said list of jurors; provided, however , that the list, when so increased, shall not exceed one-fourth of the voting population of the district; by striking out the word five in the tenth line and substituting therefor the word nine, and by striking out all in Page 65 the fourteenth line, after the word drawn and before the word shall, in the fifteenth line, and by inserting in the seventeenth line the words, from cause or absence, between the words trial and the, and by adding to the last word of said section the words, to nine, from whom the plantiff and defendant shall have two strikes each, so that, from and after the passage of this Act, the said sub-section, so amended, shall read as follows: All appeals shall be tried before the justice of the peace or notary public, or both, and five jurors drawn, impanelled and sworn as follows, to-wit: The justice in each district shall, once in every two years, make out a list of all persons liable to serve as jurors in the superior court, who may reside in their respective districts, and shall write their names on separate pieces of paper and deposit them in a box marked No. 1. If the list is, in the discretion of the justice of the peace or notary public, as the case may be, too small, then the justice of the peace, notary public and one of the jury commissioners, and if no notary, then the justice of the peace and two of the jury commissioners of the county may select from the list of the tax-payers of the district such a number of the most upright and intelligent men, as they may see fit and proper, to add to said list of jurors; provided, however , that the list, when so increased, shall not exceed one-fourth of the voting population of the district. Said justice, or one of them, in public, on a court day, in conjunction with a constable, shall, if any appeal is pending or notice thereof given, draw, after shaking the box well, nine names therefrom, which names, after being recorded in a book, shall be deposited in a box marked No. 2. After all the names are drawn from box No. 1, then the drawing shall commence from box No. 2, and so on alternately. The jurors so drawn shall be summoned by the constable of the district, or other lawful officer, at least five days before the court at which they are called upon to serve, and if there should be a deficiency of jurors at the trial from cause or absence, the constable, by direction of the court, shall complete the jury by talesmen to nine, from whom the plaintiff and defendant shall have two strikes each. Method of making up juries in Justices' Courts. How juries shall be drawn, empannelled and sworn. Proviso. How jurors shall be summoned. Talesmen. 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 27, 1883. Page 66 INHERITANCE BY MOTHERS OF DECEASED PERSONS. No. 391. An Act to amend section 2484 of the Revised Code of 1882, which prescribes who are the heirs at law of deceased persons, by striking the following words in the third line of the sixth paragraph of said section, to-wit: and a widow, and the following words in the fourth, fifth and sixth lines of the same paragraph of said section, to-wit: If the mother is not a widow, she shall not be entitled to any portion of such estate, unless it shall be that of the only or last surviving child of the mother, in which event she shall take as if unmarried. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 2484 of the Revised Code of 1882 be, and the same is hereby amended by striking from the third line of the sixth paragraph of said section the following words: and a widow, after the word alive, and the following words in the fourth, fifth and sixth lines of the same paragraph of said section, to-wit: If the mother is not a widow, she shall not be entitled to any portion of such estate, unless it shall be that of the only or last surviving child of the mother, in which event she shall take as if unmarried. so that said sixth paragraph in said section shall read, when so amended, as follows: The father, if living, inherits equally with brothers and sisters and stands in the same degree. If there be no father and the mother is alive she shall inherit in the same manner as the father would. Mothers of deceased persons to inherit equally with brothers and sisters, if the father be dead. Sec. II. Be it further enacted by the authority aforesaid , That all the remaining portion of said section 2484 of the Revised Code of 1882 shall remain of force as though this Act had not been passed. 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 27, 1883. RUNNING OF EXCURSION TRAINS ON SUNDAY PROHIBITED. No. 405. An Act to amend section 4578 of the Code of 1882 prohibiting the running of freight trains on the Sabbath day. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act. said above recited section of the Code be so amended as to insert after the words freight train, in the second line of said section, the words, excursion train, or other train than the regular trains run for the carrying of the mails or passengers. Excursion trains, or other trains than regular mail and passenger trains not to be run on Sunday. 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 27, 1883. Page 67 CONSTABLES' SALES UNDER CHATTEL MORTGAGE FI. FAS. No. 407. An Act to amend section 3974 (b) of the Code of Georgia of 1882, which provides that constables' sales under chattel mortgage fi. fas. shall be advertised thirty days, by striking out thirty and inserting ten in lieu thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 3974 (b) of the Code of Georgia of 1882, which provides that constables' sales under chattel mortgage fi. fas. shall be advertised for thirty days, be, and the same is hereby amended by striking out of said section the word thirty, in the seventh line, and inserting in lieu thereof the word ten, so that said section, when amended, will read as follows, to-wit: When the execution mentioned in the preceding section shall be delivered to a 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 ten 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 justices' courts for said district. The said constable shall put up and expose said property to sale at the time and place, and in the same manner now governing at constables' sales. Constable's sales under chattel mortgage fi. fas to be advertised ten days. 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 27, 1883. FORECLOSURE OF MORTGAGES ON PERSONALTY BEFORE JUSTICES OF THE PEACE. No. 408. An Act to repeal section 3974 (d) of the Code of 1882, which provides for notice to mortgager in foreclosing mortgages. 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 3974 (d) of the Code of 1882which reads as follows, to-wit: It shall be the duty of the justice of the peace, or notary public, with whom the affidavit and mortgage mentioned in section 3974 (a) are filed, to give notice to Page 68 the mortgager of said proceedings at the time of issuing execution, as provided in said sectionbe, and the same is hereby repealed. Section 3974 (d), repealed. 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 27, 1883. REGULATING PRACTICE OF MEDICINE. No. 413. An Act to amend section 1409 (a) of the Code of 1882, in relation to who shall practice medicine, by adding the following words, or has, after attending one or more terms at a regular medical college, or who were by law authorized to practice medicine, and have been in active practice of medicine since 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, section 1409 (a) of the Code of 1882 be amended by adding the words, or has, after attending one or more full terms at a regular chartered medical college, been in active practice of medicine since the year 1866, between the words university and and, in the fourth line of said section, so that said section, when amended, shall read as follows: 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, or has, after attending one or more full terms at a regularly chartered medical college, been in active practice of medicine since the year 1866, or who were by law authorized to practice medicine in 1866. Persons who have attended one term at a medical college and practiced medicine since 1866 authorized to practice medicine. 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 27, 1883. STATE LUNATIC ASYLUMBOND OF TREASURER. No. 424. An Act to amend section 1347 of the Code of 1882 in reference to the treasurer's bond of the State Lunatic Asylum. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1347 of the Code of 1882 be, and the same is hereby amended by striking from the second line of said section the word ten, and insert in lieu thereof the word twenty, so that said Page 69 section, as amended, will read as follows: The treasurer must give bond and security in the sum of twenty thousand dollars. Bond of Treasurer State Lunatic Asylum fixed at $20,000. 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 28, 1883. DECREES BY JUDGES OF THE SUPERIOR COURTS DURING VACATION. No. 428. An Act to amend section 4214 of the Code of 1882, which relates to the powers of the judges of the superior courts to render decisions at chambers during vacation, by extending such powers to matters of contract. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, sectien (4214) forty-two hundred and fourteen of the Code of 1882 be amended as follows: by inserting after the words in whole or in part in the third line the words and in all matters of contract, so that said section, as amended, will read as follows: When, for any reason already existing or to exist, it becomes impossible to carry out any last will and testament, in whole or in part, and in all matters of contract the judges of the superior courts shall have power to render at chambers during vacation any decree that may be necessary and legal in the premises; provided , all parties in interest consent thereto in writing, and there is no issue as to the facts, or if there is such an issue, there is a like consent in writing that the judge presiding may hear and determine such facts, subject to a revision by the supreme court, as in other cases; provided , that in all cases where minors are interested the consent of the guardian at law, or the guardian ad litem , shall be obtained before such decree is rendered. Section 4214 so amended that Judges of the Superior Courts may render a decree in vacation in all matters of contract, where parties consent. 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 28, 1883. Note.This Act seems to make sweeping changes in the law, and merits close attention. Page 70 RELATING TO PILOTS. No. 429. An Act to amend section 1535 of the Code of 1882, which provides when pilots shall receive certificates, by requiring that they shall have served as an apprentice two full years in a decked pilot-boat on the bar, for which they seek to be appointed a pilot, the crew not to be considered as apprentices unless so registered in the office of commissioner of pilotage. Section 1. Be it enacted by the General Assembly of the State of Georgia , That section 1535 of the Code of 1882, which provides when pilots shall receive certificates, be amended as follows: by inserting after the word serve in the second line of said section the words as an apprentice, and after the word decked in the third line the word pilot, and after the word boat in the third line the words, on the bar for which he seeks to be appointed a pilot, the crew not to be considered as apprentices unless so registered in the office of commissioner of pilotage, so that said section, as amended, shall read as follows: No person shall receive a certificate to act as pilot until he shall have served as an apprentice two full years in a decked pilot-boat on the bar, for which he seeks to be a pilot, (the crew not to be considered as apprentices unless so registered in the office of the commissioner of pilotage), and have given satisfactory evidence of character and skill, and any certified pilot shall serve eighteen months before he shall be entitled to an increased authority; but, in case of emergency, such additional pilot may be appointed as the mayor, or other chief officer of the port may determinethe foregoing restrictions to the contrary notwithstanding. Term of service as apprentice to be two years before certificate as Pilot can be had. 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 28, 1883. CLERKS OF COURTS OF ORDINARY-POWERS OF. No. 432. An Act to alter and amend section 344 of the Revised Code of 1882, which prescribes and defines the powers and duties of the clerks of the courts of ordinary of this State. 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 344 of the Revised Code of 1882, of this State, which defines the powers and duties of the clerks of the courts of ordinary of this State, be and the same is hereby amended by adding after the word law, in the third line of said section, the following words, to-wit: and Page 71 administer all affidavits connected with or incident to the business of said court, so that said section, when amended, shall read as follows: It is the duty of such clerks, or the ordinaries acting as such, (1) To issue all citations required by law and administer all affidavits connected with or incident to the business of said court. (2) To grant temporary letters of administration. (3) To grant marriage license. Clerks of courts of Ordinary given power to administer oaths. Sec. II. Be it further enacted , That all the balance and remainder of said section shall remain of force as it now appears in said Code of 1882. 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 28, 1883. RECEIVING STOLEN GOODS FROM NEGROES. No. 433. An Act to repeal section 4512 of the Code of 1882, which relates to the crime and penalties of receiving stolen goods from negroes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 4512 of the Code of 1882which is as follows: If any free white person shall buy or receive any money, goods, chattels or other effects from any negro or free person of color, that has or have been stolen or feloniously taken, knowing the same to have been so stolen or feloniously taken, such persons so offending shall be deemed and taken to be an accessory after the fact, and, being convicted thereof, shall be punished by imprisonment and labor in the penitentiary for any time not less than one year nor more than four yearsbe, and the same is hereby repealed. Section 4512, as to receiving stolen goods from negroes, 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 28, 1883. JURORS FOR TRIALS AS TO CERTAIN NUISANCES. No. 434. An Act to amend section 4097 (a) of the Code, prescribing the number of jurors for the trial of certain nuisances, and for other purposes. Section 1. The General Assembly of Georgia enacts , That from and after the passage of this Act, section 4097 (a) be amended by striking the word twelve, where it occurs in the eighth line of said section, and inserting in lieu thereof the words panel of twenty-four; Page 72 and, further, by striking the words jury for the trial of said nuisance, where they occur in the seventeenth line of said section, and inserting in lieu thereof the following: Panel of twenty-four, and from said panel a jury of twelve shall be stricken, the parties, plaintiff and defendant, having six strikes each, so that when so amended said section shall read as follows: Section 4097 (a). In all cases of nuisance, when the nuisance complained of is grist or sawmill, or other water machinery of valuable consideration, and application has been made to have such nuisance abated, as is provided for in section 4097, it shall be the duty of the ordinary of the county to take from the jury list of file in the clerk's office of the superior court of said county one hundred names, to be written on separate pieces of paper and placed by him in a box, and from said box he shall draw twenty-four jurors, and make out a list of the jurors so drawn and deliver a copy thereof to the sheriff or his deputy, who shall summon said jurors at least two days before the time set for the hearing of said case, in the same manner that jurors are now summoned in the superior court; said jurors so summoned shall attend at the court-house of said county at the time specified in said summons, and if any of said jurors shall be disqualified from serving for any legal cause, it shall be the duty of the sheriff or his deputy, under direction of said ordinary, to summons a sufficient number of tales jurors to complete the panel of twenty-four, and from said panel a jury of twelve shall be stricken, the parties, plaintiff and defendant, having six strikes each, and the persons serving under this section shall be entitled to the same per diem allowed jurors in the superior court of the county where such trial is had. How jury shall be summo ed and stricken drawn for trial of certain nuisances. 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 28, 1883. SETTING FIRE TO OR BURNING FENCES OR CROPS OF ANOTHER MADE A FELONY. No. 69. An Act to alter and amend section 4608 of the Code of 1882 by striking from the twelfth line of said section, after the word be the words, as prescribed in section 4310 of this Code, and insert in lieu thereof the following: imprisonment and labor in the penitentiary for a time not less than five years nor longer than twenty years. 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 4608 of the Code of 1882 be amended by striking from the twelfth line of said section, after the word be, the words, as prescribed in section 4310 of this Page 73 Code, and insert in lieu thereof the following: Imprisonment and labor in the penitentiary for a time not less than five years nor longer than twenty years, so that said section, when amended, will read as follows: Any person guilty of the willful and malicious setting fire to or burning the fences of another, or his stacks of corn, fodder, grain, straw or hay, or his shocks or piles of the same, or his crops not gathered in his fields, not in a town, city or village, shall be guilty of a felony, and shall be punished by imprisonment and labor in the penitentiary for a time not less than one nor longer than three years; and if such fence, stock, shock or pile be in a city, town or village, the willful and malicious burning of the same shall be punished by imprisonment and labor in the penitentiary for a time not less than two years nor longer than five years, unless the fire be communicated to a house, when the punishment shall be imprisonment and labor in the penitentiary for a time not less than five years nor longer than twenty years. Wilful or malicious setting fire to or burning fences or crops of another made a felony. Penalty. Proviso. 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 28, 1883. HUNTING ON ENCLOSED LANDS OR CULTIVATED FIELDS OF ANOTHER. No. 446. An Act to amend section 4441 of the Code of 1882, in reference to illegal hunting, by inserting the words, or cultivated, between the words, lands and fields, in the third line thereof. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 4441 of the Code of 1882, in reference to illegal hunting, be, and the same is hereby amended by inserting between the word lands and the word fields, in the third line of said section, the words, or cultivated, so that said section, when amended, shall read as follows: It shall not be lawful for any person to hunt with dogs, fire-arms or other implements, in or through any enclosed lands or cultivated fields, walks or pastures after being forbidden so to do, or ordered to desist therefrom by the owner thereof, or the person having the same in charge, or his or their agent, and for any violation of the provisions of this section, the person so offending shall be deemed and held guilty of misdemeanor, and subject to indictment in any court having jurisdiction thereof, and, upon conviction, shall be fined or imprisoned, or both, at the discretion of the court, the fine not to exceed fifty dollars, the imprisonment not to exceed thirty days for each offense. Posting a card in two or more places on enclosed lands, fields, walks or pastures, and one at the door of the Page 74 court-house in the county where such lands, fields, walks or pastures are situated, forbidding all persons to enter upon and hunt thereon, shall be held and deemed a legal notice under this section. Hunting on enclosed land, cultivated fields, walks or pastures of another after being prohibited. 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 28, 1883. SUPREME COURTSHERIFF OF. No. 451. An Act to repeal section 233 of the Code of Georgia, which designates the sheriff of the Supreme Court of Georgia; to provide for the appointment of the said sheriff by the said court. Section I. Be it enacted by the General Assembly of Georgia , That section 233 of the Code of 1882, which provides that the sheriff of the county wherein the session of the Supreme Court is holden shall attend the sessions thereof, be, and the same is hereby repealed. Sheriff of Supreme Court to be no longer appointed by Sheriff of County. Sec. II. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, the sheriff of said court shall be appointed by the judges thereof, for such term as may be specified in the order of appointment, provided such term shall not exceed six years. But by the Judges of the Supreme 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 September 28, 1883. FORECLOSURE OF MORTGAGES ON PERSONALTY. No. 465. An Act to amend section 3971 of the Code of 1882 so as to authorize the foreclosure of mortgages upon personalty by attaching the affidavit of foreclosure to a sworn copy of the mortgage. 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, section 3971 of the Code of 1882 be amended by inserting after the word mortgage, where it first occurs in the ninth line of said section, the following words, to-wit: or a copy thereof sworn to by said person, his agent or attorney in fact or at law, as being a true and correct copy of said mortgage, and by inserting after the word mortgage, where it occurs the second Page 75 time in said line, the following words, to-wit: or sworn copy thereof, so that said section, when so amended, shall read as follows: Mortgages on personal property shall be foreclosed in the following manner, to-wit: Any person holding a mortgage on personal property, and wishing to foreclose the same, shall, either in person or by his agent or attorney in fact or at law, go before some officer of this State, who is authorized by law to administer oaths, or a commissioner for this State residing in some other State, and make affidavit of the amount of principal and interest due on such mortgage, which affidavit shall be annexed to such mortgage, or a copy thereof sworn to by said person, his agent or attorney in fact or at law, as being a true and correct copy of said mortgage, and when such mortgage or sworn copy thereof, with affidavit annexed thereto, shall be filed in the office of the clerk of the superior court of the county wherein the mortgager resides at the date of the foreclosure, if a resident of this State, or when the county of his or her residence is not known, it shall be the duty of such clerk to issue an execution, directed to all and singular the sheriffs and coroners of this State, commanding the sale of the mortgaged property to satisfy the principal and interest, together with the costs of the proceedings to foreclose the said mortgage. Sworn copy of mortgage on personalty may be attached to affidavit for foreclosure instead of original mortgage. 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 28, 1883. REMOVAL OF SUITS AGAINST NON-RESIDENT ADMINISTRATORS OR EXECUTORS. No. 484. An Act to amend section 2611 of the Code of 1882, which provides the mode of removing administration from a county of the residence of testator or intestate, to that of residence of the executor or administrator, by providing that removal may be had at any time, even after citation for settlement has been brought, as provided by section 2598 of the Code of 1882, and remove the suit, whether said citation is pending in the court of ordinary or is before the superior court on appeal, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 2611 of the Code of 1882 be amended by adding after the fourth paragraph or division of said section the following: When any person is cited to appear as administrator or executor to a settlement of his accounts, as provided in section 2598 of the Code of 1882, in the county where he administered, and is not a resident of the county at the time the citation is brought, he may remove the suit at any stage of the case to the county of his residence upon complying with the following Page 76 conditions: If it be a person cited as administrator, he must comply with section 2611 of the Code of 1882, and in addition he shall give bond and security; in the sum of one thousand dollars, payable to the person or persons citing him, conditioned to file in the court to which the case is removed all the papers in the case without delay. If the person is cited as executor, he may remove the case by giving the bond referred to and complying with all of the provisions of section 2611 of the new Code, except the second paragraph or division of said action, which requires a bond to be given to the ordinary of the county to which the removal is had. If the case is pending before the court of ordinary, it shall be transferred to the court of ordinary of the defendant's residence. If the case is pending in the superior court, in any stage before the final trial, it shall be transferred to the superior court of the defendant's residence and occupy the same position in said court, the applicant first paying all accrued costs. Said removal shall be effected on motion and by complying with foregoing provisions, and all jurisdiction over said case in the court in which such motion is made shall cease; provided , that if such executor has been required by the ordinary of the county from which the trust is removed to give bond, or is required by the will under which he is qualified to give bond, he shall give a like bond in the county to which his trust is removed. Suit against non-resident administrators or executors for a settlement of their accounts, may be removed how. Sec. II. Be it further enacted , That the provisions of this Act shall apply only to cases where the parties plaintiff and defendant were neither of them residents of the county where the citation was first commenced at the time the suit was brought or application for removal is made; provided , the provisions of this Act shall not apply to cases in which citation for settlement against such executor, or administrator, are pending at the time of such proposed removal in the court of ordinary without the consent of all the parties in interest thereto first had. Not to apply where plaintiffs or deputies reside in county where citation or suit was brought. 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 29, 1883. TO REGULATE PUBLICATION OF SUPREME COURT REPORTS. No. 343. An Act to regulate the publication of the Supreme Court Reports and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That sub-section 2 of section 228 of the Code of Georgia of 1882 is amended by striking out the following words at the close of said section, to-wit: But in no event shall more than two volumes be published annually, and inserting in their place the following words, to-wit: The reporter is authorized to publish the reports as rapidly as may be practicable after the delivery of decisions by Page 77 the judges, so that said sub-section 2 of section 228, as amended, shall read as follows: To publish the decisions of said court in such form that all the decisions made during one term shall be published in one volume, unless it shall become necessary to add any part of the decisions of the succeeding term to make a volume of proper size, and the reporter is authorized to publish the reports as rapidly as may be practicable after the delivery of decisions by the judges. Sub-Section 2 of Section 228 of the Code of 1882, amended. Decisions of each term to be embraced in one volume. Sec. II. Be it further enacted by the authority aforesaid , That the reporter of the Supreme Court, with the consent and approval of the Governor, shall have power to award the contract for the publication of the Supreme Court Reports in the same general manner as the contract for other public printing is now awarded, but in making such award the said Governor and the reporter shall not be limited to the lowest bidder, but may take into consideration the responsibility of such bidder, and his capacity and ability to perform such contract, in all cases making such award as will promote the best interests of the State and secure the cheapest and most prompt and efficient performance of said contract. How reporter may contract. Not limited to the lowest bidder. Sec. III. Be it further enacted by the authority aforesaid , That should the contract for the printing and binding of the Supreme Court Reports be at any time awarded to a person other than that to whom the general public printing is awarded, he shall give a bond, with good and adequate security, payable to the Governor of this State, and approved by him, in the sum of not less than $10,000.00, for the prompt and faithful performance of said contract; should said contract be awarded to the same person to whom is awarded the contract for the other public printing, he shall give a bond of $10,000.00, conditioned as aforesaid, in addition to the bond given on account of the general public printing. The sureties on said bond shall justify, and for a failure, neglect or refusal to comply with said contract in any particular, the principal and sureties on said bond shall be liable. Contractor must give bond. Sec. IV. Be it further enacted by the authority aforesaid , That it shall be the duty of the person to whom is awarded the printing and binding of the Supreme Court Reports to print and bind the same promptly in the manner provided by section 228 (c) of the Code of the State of Georgia of 1882, Acts of 1878-9, P. 158, No. 338, Sec. 3. How Reports shall be printed and bound. Sec. V. Be it further enacted by the authority aforesaid , That should there be any unnecessary delay in such printing or binding, it shall be the duty of the reporter to notify the Governor of the same, and the Governor shall deduct from the cost of the volume then being published $100.00 for each week that such delay is continued, and the amount shall be forfeited by the person having such contract; provided, however , that if such delay shall arise from providential cause or other reason, standing upon the same basis, the Governor shall have authority, in his discretion, to remit all or any part of said forfeiture arising during the delay, which was actually caused by such reason. Delays in said work. Penalty for delay. Sec. VI. Be it further enacted by the authority aforesaid , That before the bills of the contractor for printing and binding the Supreme Page 78 Court Reports shall be paid by the Governor, the same shall be submitted to the reporter, whose duty it shall be to make such report or suggestion to the Governor as will aid him in determining the correctness and propriety of the bill presented. Reporter shall examine bill for printing and binding. Sec. VII. Be it further enacted , That should the work of printing or binding the reports, or any part of them, be improperly or badly done, the Governor shall have power to require the same to be reexecuted, or to make such deductions from the bills presented therefor as may seem to him reasonable and proper; provided , that none of the remedies prescribed in this and the two preceding sections shall affect the liability of the contractor, or his sureties on his bond, nor shall the discretionary action of the Governor thereunder work any release of said bondsmen. Governor may cause defective work to be re-executed, etc. Sec. VIII. Be it further enacted by the authority aforesaid , That the accounts presented by the contractor for printing and binding the Georgia reports shall be verified by his oath, and he shall further make oath that no more copies have been printed than those delivered to the State. Account shall be sworn to by contractor, etc. Sec. IX. Be it further enacted by the authority aforesaid , That should the contractor fail to promptly and satisfactorily perform his duty in printing and binding the reports, the reporter, with the consent and approval of the Governor, may declare the contract forfeited and re-award the same, but this shall not affect the liability of the original contractor and his sureties upon their bond. Contract declared forfeited and reaward when. Sec. X. Be it further enacted by the authority aforesaid , That it shall be lawful for the Treasurer to advance to the contractor such sums, not exceeding two thirds of the value of such portion of a volume as may be printed, whenever the reporter shall certify that such portion has been printed, taking a receipt for the sum or sums thus advanced, which shall be his voucher and an offset to the Executive warrant for the payment of the completed volume, which payment shall be made out of any money in the treasury not otherwise appropriated; provided , said contractor shall, at his own expense, effect such an amount of insurance for the benefit of the State upon the volume on which such advance is to be made as will protect the State from loss in case of its injury or destruction by fire. When and to what extent the Treasurer may advance to the contractor. Contractors in case of advances must insure. Sec. XI. Be it further enacted by the authority aforesaid , That it shall be the duty of the reporter to make the volumes of the reports as nearly uniform as may be practicable and consistent with the speedy and advantageous publication thereof Reports made as nearly uniform as practicable, etc. 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 26, 1883. Page 79 TITLE V. COUNTY OFFICERS. ACTS. Road commissioners' courtspower to punish for contempt. County administratoroffice of created, etc. Requiring tax collectors and treasurers to render accounts, etc. TO LIMIT THE POWER OF ROAD COMMISSIONERS' COURTS TO PUNISH FOR CONTEMPT. No. 101. An Act to limit the power of road commissioners' courts to punish for contempt. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, all road commissioners' courts in this State, when convened as such, may fine for contempt in any amount not to exceed five dollars or imprisonment not to exceed five hours, and that any constable of the county in which the road commissioners' court is held is hereby empowered to execute sentence of said courts. May fine for contempt not exceeding $5.00 and imprison not longer than five hours. 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 25, 1883. CREATING THE OFFICE OF COUNTY ADMINISTRATOR. No. 380. An Act to create the office of county administrator for the several counties in this State, and prescribe the duties 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, there shall be Page 80 appointed, as hereinafter provided, in each county of this State a county administrator, whose duty it shall be to take charge of all estates that are unrepresented, and not likely to be represented, that have heretofore been by law placed in the hands of the clerks of the superior courts. A county administrator provided for every county. Sec. II. Be it further enacted , That said county administrator shall be appointed by the ordinary of the county in which he is to serve, and he shall give a bond, with good security to be judged of by the ordinary, in the sum of five thousand dollars. Such bond shall be payable to the ordinary for the benefit of all concerned, and shall be attested by him or his deputy, and shall be conditioned for the faithful discharge of his duty as county administrator, as required by law; suits thereon may be brought by any person aggrieved by the misconduct of the county administrator, as provided by law for suits on the bonds of other administrators. Appointed by Ordinary. Shall give bond, etc. To whom payable. Conditions of bond. Who may sue on bond, etc. Sec. III. Be it further enacted , That the order appointing said county administrator shall be entered on the minutes of the court of ordinary, and the original placed in the possession of said county administrator. Order appointing to be placed on minutes of the Ordinary. Sec. IV. Be it further enacted , That said county administrator shall be a citizen of the county for which he is appointed, who has attained the age of twenty-one years, and been for one year a resident of said county. The clerk of the superior court shall be eligible to this office. Qualifications of the county Administrator Clerk of Superior Court eligible. Sec. V. Be it further enacted , That the term of office of the first county administrator appointed under this Act shall expire on the first Monday in March, 1885, and all succeeding terms of said officer shall begin on the first Monday in March and expire on the first Monday in March, four years next thereafter; provided , said county administrator shall hold his office until his successor is appointed and qualified. All vacancies in said office, whether by death, resignation, removal from the county or removal from office, shall be filled by the ordinary, the appointment to hold for the unexpired term. Terms of offices, when to begin and when to expire. Vacancies filled by Ordinary. Sec. VI. Be it further enacted , That if from any cause an estate be unrepresented, and not likely to be represented, the ordinary shall vest the administration thereof in the said county administrator, as provided by law, a citation being first published for thirty days, as in other cases. If, however, such estate does not exceed in value the sum exempted by law to the widow and children of the deceased, no administration shall be necessary; provided , there be a widow and children, or either, to claim the same, but the ordinary shall by order set apart the same to the widow and children, as now provided by law; provided , that nothing in this Act shall be construed so as to prevent the county administrator from resigning his office as other administrators are now allowed by law to do. Administration when and how vested in the county Administrator. In certain cases not necessary. County Administrator may resign. Sec. VII. Be it further enacted , That the ordinary shall grant to said county administrator separate letters of administration upon each estate placed in his hands, and he shall be subject to all the liabilities and entitled to all the rights, privileges and emoluments as is prescribed by law for other administrators of estates, and in the administration of estates placed in his hands shall be governed and controlled by the law provided for other administrators. Ordinary must grant separate letters for each estate. Page 81 Sec. VIII. Be it further enacted , That the ordinary may, for good cause shown, as provided in section 2511 of the Code of 1882, revoke the letters of administration of said county administrator, or require additional security on his bond, or pass such other order as in his judgment is expedient and necessary for the good of any particular estate in the hands of said county administrator. Letters how revoked and bond strengthened. Sec. IX. Be it further enacted , That if, in the opinion of the ordinary, it shall become necessary for the good of any estate placed, or about to be placed, in the hands of said county administrator, for said county administrator to give additional security on his bond, or to give additional bond with security, said ordinary shall have authority to fix the amount of said bond, and he shall cite said county administrator to appear at a regular term of the court and show cause, if any he has, why he shall not give additional bond with additional security as aforesaid. Ordinary may require new bond, etc. Sec. X. Be it further enacted , That if, upon the hearing, the county administrator shall fail to show good cause why he shall not give additional bond, or why he shall not give additional security, the ordinary shall pass an order fixing the amount of the bond aforesaid, and directing the county administrator to give additional security on or before a day named in said order, which day shall not be longer than thirty days. Order for new bond, etc. New bond must be given in 30 days from date of order. Sec. XI. Be it further enacted , That should said county administrator fail, refuse or neglect to give additional bond, or to give additional security on or before the day fixed in the order of the ordinary, and shall fail to show good cause why further time should be given him, it shall be the duty of the ordinary to pass an order removing said county administrator, and to appoint another for the unexpired term of his office; said order of removal shall be recorded as herein provided for the order of appointment. Failure to comply with order for new bond, cause for removal. New appointment for unexpired term. Sec. XII. Be it further enacted , That when the term of a county administrator has expired, or when he has been removed from office, as provided in this Act, he shall nevertheless continue to discharge the duties of administrator of all estates remaining in his hands, unless his letters of administration shall be revoked, as prescribed in section 2511 of the Code of 1882. Shall continue administration of all estates in his hands. Sec. XIII. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to authorize and require the ordinary to vest the administration in the county administrator, or any other person, or of non-represented estates where the heirs, distributees or legatees prefer to settle the same without administration. Public administration not required in certain cases. Sec. XIV. Be it further enacted, etc. , That if, from any cause, there is no county administrator in any county of this State, and there is an estate not represented, and not likely to be represented, then it shall be the duty of the ordinary of any such county to vest the administration of such estate in the clerk of the superior court of said county, as now provided by existing law of this State. Clerk of Superior Court to act when no county administrator. Sec. XV. 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 27, 1883. Page 82 REQUIRING TAX COLLECTORS AND TREASURERS TO RENDER AN ACCOUNT OF THEIR OFFICIAL ACTINGS AND DOINGS WHEN CALLED UPON BY PROPER OFFICIALS, Etc. No. 386. An Act to compel tax collectors and treasurers to render an account of their official actings and doings whenever called upon by the proper officials; to prescribe a penalty for their refusal; to authorize their suspension in such cases, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, the officer or officers in the several counties of this State, who by law are authorized to bring defaulting tax collectors and treasurers to a settlement of their accounts with the county, shall also have power and authority, and it shall be their duty to compel the tax collectors and treasurers of their respective counties to come before them at such times as may be designated by them, not less than twice in each year, to render an account of their official actings and doings respecting the county tax and funds, and to make a full and complete exhibit of their books, vouchers, accounts and all things pertaining to their several offices. The proper authorities shall require Tax Collectors and Treasurers to make accounts of their actings and doings, etc. Sec. II. Be it further enacted by the authority aforesaid , That the failure or refusal of any tax collector or county treasurer to render the account and make the showing provided for by section first of this Act, after being notified so to do by the proper officer or officers, shall constitute malpractice in office, and a conviction therefor shall subject the offender to removal from office. Pending the continuance of such failure or refusal after the notice aforesaid, the officer or officers aforesaid, who are by law authorized in the several counties to bring defaulting tax collectors and treasurers to a settlement, shall have power, and it shall be their duty to suspend the said tax collector or treasurer from duty, and in the case of the tax collector to appoint some competent person in his stead to collect the county tax pending such suspension, and until the question of removal can be passed upon and decided by the proper tribunal; and in case of the treasurer, to appoint some fit and proper person to take charge of the county funds, and perform the duties of his office, pending such suspension, and until the question of his removal can be passed upon and decided by the porper tribunal. Proper bonds shall be taken from the persons so appointed, as now provided by law; provided, nevertheless , that the power given by this Act to inquire into the affairs of the tax collector and treasurer of the county, and to suspend them from office in certain cases, shall in no way effect their own liability, or that of the sureties on their official bonds. Failure or refusal to render account constitutes malpractice in office. Conviction to work removal from office. May appoint person to collect county taxes, etc. May appoint person to take charge of county funds 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 27, 1883. Page 83 TITLE VI. EDUCATIONPUBLIC. ACTS. Providing for payment of damages in certain road cases to school fund. Enumeration of school population. Authorizing Trustees of State University to elect the Governor as one of their number. For encouragement of private elementary schools. To adjust claims of colored race to portion of Land Scrip fund PROVIDING THAT DAMAGES COLLECTED OF OWNERS OF TURNPIKE ROADS BY COMMISSIONERS OF TURNPIKE ROADS IN CERTAIN CASES SHALL BE PAID TO COUNTY SCHOOL COMMISSIONER. No. 115. An Act to amend section seven of an Act entitled An Act to create a board of commissioners for turnpike roads in this State, and to confer certain powers upon the same, and to define their duties, and for other purposes, approved October 14, 1879, by striking out all of said section after the word be, in the fifteenth line of said section, and inserting the following words in lieu thereof, to-wit: Paid over to the county school commissioners for school purposes, and paid out by him as a part of the common school fund. Section I. Be it enacted by the General Assembly of the State of Georgia , That section seven of the above recited Act, approved October 14, 1879, be amended by striking out all of said section occurring after the word be, in the fifteenth line of said section, and inserting the following words in lieu thereof, to-wit: Paid over to the county school commissioner for school purposes, and paid out by him as part of the common school fund. Section 7 of Act amended. Moneys received how to be disbursed. 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 4, 1883. Page 84 TO PROVIDE A MORE CORRECT AND EFFICIENT MODE OF TAKING ENUMERATION OF THE SCHOOL POPULATION AND SUPERSEDE EXISTING LAWS ON THAT SUBJECT. No. 420. An Act to provide a more correct and efficient mode of taking the enumeration of the school population and to supersede existing laws upon that subject. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall be the duty of the county and city boards of education of this State to have the enumeration of the children between six and eghteen years taken under instructions from the State school commissioner, in the year 1888, and every ten years thereafter; provided , that any county board of education that is dissatisfied with the correction made by authority of the State board of education in the returns of 1882 may have an enumeration taken under the provisions of this Act during the present year, said enumerction to be paid for out of the fund of the county having the same taken, and said enumeration shall (be) subject to the provisions of this Act, be used in the apportionment of the school fund of this year, if received at the office of the State school commissioner by the first day of October next, and if received later than that date, shall be used in subsequent apportionments. County and City Boards of Education, when to have enumeration made. If County Board is dissatisfied with returns of 1882 may make new enumeration present year. Sec. II. In the year 1893, and every ten years thereafter, it shall be the duty of the State board of eduction, in the early part of the year, to have an estimate made from the last census, taken by the authorities of the United Statcs, of number of children of school age in each county of this State, and in each town or city under a local school law, and if, from the evidence thus obtained, or from other evidence of any kind, the said board shall become satisfied that a new enumeration of the school population ought to be taken for any county or counties, or for any town or city, or for the entire State, it shall be their duty to order the said enumeration to be taken accordingly. In 1893 and each 10 years thereafter, State Board of Education shall have estimate made from U. S. Census. Sec. III. The different county or city boards shall employ one or more competent, reliable persons to take the enumeration in their respective jurisdictions, and the persons so employed shall go from house to house, making a thorough canvass of the territory assigned them, taking the number of children between the ages of six and eighteen years, and distinguishing between the sexes and races. The persons thus employed shall be known as enumerators of the school census, and shall take and report any additional statistics required by the State school commissioner. They shall receive as compensation a per diem not to exceed two dollars in the counties, or two dollars in cities, or in city and county, where the same are under local laws, to be paid out of the school fund of the jurisdiction in which the work is done. They shall moreover be required to make oath that the work done by them has been carefully and faithfully Page 85 done, according to the true intent and meaning of this Act, the form of the oath to be prescribed by the State school commissioner; provided , that nothing herein contained shall be construed to prevent the county boards from employing the county school commissioners to do the work contemplated in this section. How enumerations may be taken by County or City Boards. Sec. IV. The State board of education are hereby empowered to order at once a new enumeration when they are in doubt as to the accuracy of the return made from any county or city, but the enumerators first making their return shall receive no compensation in case it is found their enumeration was not correct. In case their enumeration is verified by the second enumeration, then both shall be paid, but the amount paid them shall be deducted from the school fund appropriated to this special territory. Enumerators not to be paid for erroneous enumeration. Sec. V. The respective county or city boards are hereby empowered to fix, within the limits prescribed in the third section of this Act, the per diem compensation of the enumerators of the school census employed by them. Compensation by whom fixed. Sec. VI. An Act to cause the enumeration of the school population to be taken every four years, instead of annually, as at present, approved February 28, 1874, and an Act to require the enumeration of the school population to be taken quadrennially, approved March 2, 1874, and all other laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Act of February 28, 1874 and Act of March 2, 1874 repeal ed. Approved September 28, 1883. AUTHORIZING THE TRUSTEES OF THE STATE UNIVERSITY TO ELECT THE GOVERNOR AS A MEMBER OF THEIR BOARD WHETHER THERE BE A VACANCY AT THE TIME OR NOT, Etc. No. 431. An Act to amend the charter of the State University, so as to authorize the board of trustees to elect the Governor of this State a member of said board, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the charter of the State University be, and the same is hereby amended so as to authorize and empower the board of trustees of said university to elect the Governor of this State a member of said board if they see fit at any time, whether there be a vacancy on said board at the time or not; provided, however , that if said board should elect the Governor a member thereof, at a time when there is no vacancy on said board, then and in that event the said board shall have no authority to fill the next vacancy which may occur in said board after said election. Board of Trustees of State University may elect Governor a member of said Board whether a vacancy at the time or not. 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 28, 1883. Page 86 TO ENCOURAGE PRIVATE ELEMENTARY SCHOOLS IN THIS STATE, Etc. No. 441. An Act to encourage private elementary schools in this State by making ampler provisions for public schools to be taught in connection therewith. 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, whenever the board of education of any school district within this State shall have entered into a contract with a teacher to teach a public school in any sub-district within its jurisdiction, in accordance with the Act of 1872, and the Acts amendatory thereof, it shall be lawful for said teacher to enter into a supplemental contract with the patrons of said school to teach a private elementary school in connection with said public school, and to embrace the period allowed by law for the said publie term, provided that the contracting with teachers under the provisions of this Act shall be left to the discretion of the several county boards of education. Public School teacher may, in certain cases, contract with patrons of the school for private elementary instruction, under the discretion of the County Boards of Education. Sec. II. Be it further enacted by the authority aforesaid , That upon said private supplemental contract being examined and approved by the board of education of the district in which said public school is located, it shall be the duty of said teacher to enter, as pupils in said private school, all scholars of public school age (regard being had to separate schools, as now required by law) who may enter said school at any time within the term or scholastic year of said private school. It shall be the duty of said teacher to keep an accurate account of the number of such pupils, and the number of days actually attended by each pupil, and when said private school shall have closed, said teacher may make out an account against the county board of education for the full number of days each of said pupils may have attended said school, not to exceed the whole number of days now or hereafter to be prescribed by law for the public school term; provided , that nothing in this Act shall be so construed as to prevent any public school scholar from entering said school as pupil, if the parent or guardian of said pupil shall elect to enter him or her for the period of the public term and upon the merits of the public school fund only. Scholars how entered as pupils of private school. Teacher to keep an accurate account of pupils, the number of days each has at tended. Sec. III. Be it further enacted , That no teacher shall be contracted with under the provisions of this Act until he or she has been duly licensed as a public school teacher under the laws now of force in this State. No contract with teacher not licensed. Sec. IV. Be it further enacted , That every teacher contracted with under the provisions of this Act shall be required to make the same reports and returns to the county school commissioners as are now required of teachers of public schools in this State, and until said private schools shall have been taught according to contract, and said reports and returns are so made, it shall not be lawful for the Page 87 board of education to pay him or her for such service as such teacher. Teacher shall make reports and returns to County School Commissioners. 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 28, 1883. TO EQUITABLY ADJUST THE CLAIMS OF THE COLORED RACE TO A PORTION OF THE PROCEEDS OF THE AGRICULTURAL LAND SCRIP. No. 481. An Act to amend an Act entitled an Act to equitably adjust the claims of the colored race for a portion of the proceeds of the Agricultural Land Scrip, approved March 3, 1874, by adding thereto a proviso authorizing the county school commissioners to nominate pupils to the same in certain contingencies. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, the above recited Act be, and the same is hereby amended by adding to the last line of the first section the following proviso, to-wit: Provided further, that in case any member or members of the House of Representatives shall, upon application being made to the respective representatives to make said appointment, and refusal to appoint or nominate a pupil or pupils for admission in said university, on or before the first day of each term, then it shall be lawful for the county school commissioner of such county to nominate, from each county from which no appointment has been made, as many colored pupils to said university as such county has representatives, so that said section when so amended shall read as follows: Section I. Be it enacted, etc. , That the sum of eight thousand dollars be, and the same is hereby annually appropriated to the Atlanta University, upon condition that said institution shall admit for instruction in the same as many colored pupils from each county in the State, free of charge for tuition, as there are or may be members of the House of Representatives of this State from such county to be nominated by said members, respectively, so long as said appropriation continues; provided , the Governor shall not draw his warrant for said sum until the trustees of said institution shall have submitted a plan for the expenditure of said sum to a board of commissioners, consisting of the chancellor of the State University and two members of the faculty of the same, to be selected by him, and until said plan, upon such modification as may be required by said commissioners shall be approved by them, or a majority of them, each year, in writing and filed in the executive office, and said commissioners, shall at all times have authority to exercise all power Page 88 necessary to see that said fund is faithfully applied according to said plan of expenditure; provided further , that in case any member or members of the House of Representatives shall, upon application being made to the respective representatives to make said appointment, and refusal to appoint or nominate a pupil or pupils for admission in said university, on or before the first day of each term, then it shall be lawful for the county school commissioner of such county to nominate from each county, from which no appointment has been made, as many colored pupils to said university as said county has representatives. Annual appropriation made on certain conditions. Governor not to draw his warrant for said sum until the Trustees shall have submitted a plan for its expenditure to a Board of Commissioners. On failure of member or members of House to nominate pupils on or before first day of each term, then County School Commissioners may nominate, etc. 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 28, 1883. Page 89 TITLE VII. MILITARY. ACTS. To provide for sale by the State of a certain lot in Savannah to the Savannah Volunteer Guards. TO PROVIDE FOR SALE OF LOT LETTER G, IN PERCIVAL WARD, SAVANNAH, KNOWN AS THE ARSENAL, TO THE SAVANNAH VOLUNTEER GUARDS, Etc. No. 265. An Act to provide for the sale of the western half of lot letter G, in Percival Ward, in the city of Savannah, and the improvement thereon, known as the Arsenal, and all the right, title, interest and estate of the State therein, to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof in the name of the State upon certain conditions, and for other purposes connected therewith. Whereas, on April 9, 1829, the western half or part of that lot of land, situate, being and lying in the city of Savannah, commonly called Percival Ward, and known on the plan of said city by the letter G, fronting on Whitaker street, and extending thence eastwardly ninety (90) feet more or less, bounded north (N) by President street, and on the south (S) by York street, was conveyed by deed, by the mayor and aldermen of the city of Savannah, and the hamlets thereof, to the Governor of Georgia and his successors, in virtue of certain Acts of the General Assembly and ordinances of the city of Savannah for the purpose of erecting thereon a building or arsenal for the safe keeping, security and preservation of the arms and munitions of war belonging to the State, and such other arms and munitions of war as the General Assembly of the State of Georgia might or should direct, authorize or require to be deposited therein for security or preservation; and Whereas, The State built thereon an arsenal, and now owns and controls the same as such, which said arsenal is old and in bad condition; and Page 90 Whereas, There was a condition in said deed of conveyance, providing for the reversion of said half lot to the mayor and aldermen of the city of Savannah, if it should be appropriated to any other purpose than the building of an arsenal thereon by the State, or if it should be converted to any other purpose or use; and Whereas, The Savannah Volunteer Guards, a military corporation, asks that the said property be conveyed to it upon certain conditions, and for certain considerations acceptable to the State; and the mayor and aldermen of the city of Savannah, by resolution passed on July 4, 1883, has declared that if the State conveys to the Guards as aforesaid, the said mayor and aldermen will execute a deed of release and quit-claim of all right of reversion or revesting to the State or to the Guards, upon certain conditions which will be covered by this Act, and, upon said conditions being complied with, the said mayor and aldermen consent to said conveyance by the State to the Guards, upon such terms as may be agreed upon by and between the parties to such conveyance. Section I. Be it enacted by the General Assembly of Georgia , That when the Savannah Volunteer Guards shall have sold its property on Bull street and in Forsyth Ward in the city of Savannah, and shall have given good and sufficient bond, in the sum of sixteen thousand dollars, ($16,000.00) to the Governor of Georgia and his successors, to be approved by the Governor, conditioned that the Savannah Volunteer Guards will expend upon the improvement of the property hereinafter directed to be conveyed, the sum of at least eight thousand dollars, ($8,000.00) the Governor of Georgia is hereby directed in consideration of the execution of said bond, and of the further consideration that the building now on said half lot, as improved by the Guards, or the building to be erected thereon as the case may be, shall be called the Arsenal, and that the State shall have the right in times of emergency to use the same for military purposes, such use, however, not to oust the Guards therefrom for the time being, and to store therein at any time all arms and munitions of war, the property of the State, not held by any other military organization, as it may see fit, the State in this manner, retaining a right of arsenal in said property so to be conveyed, as improved or rebuilt as aforesaid, this to be a condition running with the landto convey by deed to be executed by him in the name of the State, unto the said the Savannah Volunteer Guards, the said western one-half or part of said lot, letter G, in Percival Ward, in the city of Savannah, as set out in the preamble of this Act, and the improvements thereon, with all the rights, members and hereditaments thereunto appertaining, and all the right, title, interest and estate of the State in or to the same, and every part and parcel thereof; said deed of conveyance to be on its face in pursuance of this Act, and all the enactments hereof shall be referred to as part and parcel thereof. Savannah Volunteer Guards to give bond to improve the property and do other acts, etc. State may use in emergencies. Governor on the conditions herein expressed to convey title to Lot. Sec. II. Be it further enacted , That when the Savannah Volunteer Guards shall have expended the sum of eight thousand dollars ($8,000.00) on said property in the improvement thereof, or in rebuilding the same, and shall have made a proper showing to Page 91 the Governor to said effect, the Governor shall enter said bond satisfied. When said bond is canceled. Sec. III. Be it further enacted , That the Savannah Volunteer Guards shall be at liberty to derive such revenue as it may find convenient and practicable from the said property or any part thereof, and that all such revenue shall be absolutely the property of the corps. Sec. IV. Be it further enacted , That if it becomes necessary in order to complete said improvements on said property, or to build as aforesaid, to expend more than said sum of eight thousand dollars ($8,000.00) the Savannah Volunteer Guards shall have the privilege to borrow such additional sum, and to mortgage said lot and improvements to secure the payment of ths same, in which event said mortgage will take subject to the right of the State to store arms therein as aforesaid, and upon the execution of such mortgage the said the Savannah Volunteer Guards shall immediately execute a bond in the sum of said mortgage debt with good security, to the Governor of Georgia, and his successors, to be approved by said Governor, conditioned that the net revenue of said property, over and above the cost of insurance and repairs, shall be applied to the reduction of said mortgage debt until paid off and discharged, and in addition to said security, if the corps shall not perform the condition of said bond, or in case said corporation should become extinct or be dissolved, the State shall have the right to re-enter upon said property, upon assuming said mortgage debt, and the said the Savannah Volunteer Guards shall keep said property insured against loss or damage by fire, and in the event of such loss or damage shall rebuild or repair the same in as good condition as before said fire. May borrow a sum in excess of $8,000 and mortgage property mentioned to secure same. Bond to be given Governor for application of net revenue of payment of mortgage debt. 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 21, 1883. Page 92 TITLE VIII. CONVICTS. ACTS. To provide for keeping a list of State convicts with information concerning them. MAKING IT THE DUTY OF PRINCIPAL KEEPER OF PENITENTIARY TO PRINT A LIST OF STATE CONVICTS WITH HIS ANNUAL REPORT TO THE GOVERNOR, TOGETHER WITH OTHER INFORMATION. No. 483. An Act to make it the duty of the principal keeper of the penitentiary to print a list of the names of the convicts of this State with an annual report to be made to the Governor, together with other information in regard to the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the principal keeper of the penitentiary shall annually, on or before the first day of November, make a report to the Governor of the condition of the convicts of this State, their number, the number of escapes, deaths, pardons and discharges, the location and management of the camps or places of confinement, the diet and treatment of the convicts therein, together with such other information as he may think proper, or the Governor may require, which report shall be printed and laid before the General Assembly in connection with the Governor's message. Principal Keeper shall make annual report to Governor. Sec. II. Be it further enacted by the General Assembly of the State of Georgia , That to said report the principal keeper of the penitentiary shall attach a printed list of the names of the convicts, placing at the head of the list the name of the convict who has served the longest, and entering the names from the first to the last, according to the length of service of said convict. Printed list of names must be attached to report. Sec. III. Be it further enacted by the General Assembly of the State of Georgia. That together with the names of said convicts, the principal keeper of the penitentiary shall have printed the age of each at the date of sentence as near as can be ascertained, the county from which sentenced, the crime committed, the length of duration of Page 93 sentence, the number of years served, the sex, color, health, conduct, escape, pardon, discharge, death and the lessee or place of confinement, according to the following form, which form may be changed or modified with the consent of the Governor, to-wit: Shall give age at date of sentence, etc., etc. FORM: A List of the Names of the Convicts of the State of Georgia, together with other information, from the..... day of ....., 18....., to the..... day of ....., 18..... Escapes, Number. Name of Convict. Age. County. Crime. Sentence. No. of years Health. Conduct. Sex. Color. Deaths, Lessee or REMARKS. served Pardons, Camp. Discharges. Cause of Death. Form of report. Sec. IV. Be it further enacted by the General Assembly of the State of Georgia , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 29, 1883. Page 94 TITLE IX. JUDICIARY. ACTS. Insolvent costs of justices and constables in certain cases. Appeals in justices' courts. New record of papers where records are burned. Testimony on applications for injunctions, motions for new trial, etc. Representation of the State in certain cases transferred to United States Courts. Physicians to serve as jurors in lunacy cases. Tales jurors in superior courts. Relating to foreign wills. Rights of married women as to administration of estates. Oath of jury commissioners. Interrogatories, reception of. Trial terms in justices' courts in certain cases. Mandamus cases, trial of. Limitations as to unrepresented estates. Survey of lands in certain cases. County courts, duties and powers of deputy clerks. For production in court of convict witnesses. Supreme Court, additional method of bringing cases to. Tales jurors, payment of. Alias tax fi. fas . Lien on crops in favor of transferees of rent debts. Foreclosure of mortgages on personalty. Fees of justices and constables in dispossessory proceedings. Superior courts, power to charter towns and villages. Personal property, selling or encumbering when held under conditional sale. Supreme Courts, costs in dismissed or withdrawn cases. Superior courts, power to charter shell, plank and turnpike companies. TO PROVIDE HOW INSOLVENT COSTS OF JUSTICES AND BAILIFFS SHALL BE PAID IN CERTAIN CASES. No. 13. An Act to provide how insolvent cost due justices and constables shall be paid in certain cases. 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, that cost due justices and constables in criminal Page 95 cases, where parties have been bound over to answer by the justice of the peace or have been committed to jail in default of bail, and the grand jury make a return of No bill, (or when after an investigation of the case the parties have been discharged by said justices of the peace) shall be paid out of fines and forfeitures as is now provided upon the order of the judge of the superior court, and said claims of said justices and constables shall be considered of equal dignity with those provided for in section 4709 (c) of the Code of 1882, and the accounts of the officers of the superior court, and entitled to participate pro rata upon a distribution of any funds arising from fines and forfeitures. Fees in certain cases, paid. Of what dignity. 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 December 9, 1882. AUTHORIZING APPEALS TO JURIES IN ALL CIVIL CASES IN JUSTICE COURTS. No. 28. An Act to authorize appeals to juries in justice courts in all civil cases, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, in all cases in a justice's court where an appeal can, under the Act approved December 16, 1878, be entered to a jury in the superior court, it shall be lawful for such appeals to be entered to a jury in either the justice court or the superior court, provided that any case appealed to a jury in one court shall not be appealed to a jury in the other court; provided, also, that nothing in this Act shall be so construed as to prohibit an appeal to a jury in the justice court in such cases as appeals to a jury in the justice court are provided in the Act of December 16, 1878. Appeals when allowed in Justice Courts. Appeals to juries in either Justice or Superior 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 December 11, 1882. Page 96 TO AMEND THE LAW AS TO RECORDING PAPERS AND THE USE OF RECORDS IN EVIDENCE. No. 241. An Act to amend the laws as to recording papers, and the use of such records as evidence. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever the book containing the record of any deed, will, execution, or other paper, the record of which is provided for by law, is burned, destroyed, or lost, or when the record of such paper shall have been incorrectly made or destroyed by mutilation, or otherwise, the person whose duty it is to record such paper, shall upon receiving the fees for such cases provided, record said paper, together with the certificate or certificates of former record thereof. Re-recorded when record is lost, destroyed or mutilated. Prescribed fee. Sec. II. In case of the loss or inaccessibility of such original paper, the records above provided for, or certified copies thereof, shall be admitted as evidence in all cases where the original record, if had, would be admissible. Second record when admissible as evidence. 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 19, 1883. TO PROVIDE FOR TAKING TESTIMONY ON APPLICATION FOR INJUNCTIONS, MOTIONS FOR NEW TRIAL, Etc. No. 259. An Act to provide for the taking of testimony on application for injunctions, motions for new trial, and similar cases, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, when any party to an application for injunction, motions for new trials, or other case tried only on affidavits, is desirous of introducing in evidence the affidavit of any witness not a party to the record as to any matter within the knowledge of such witness, and from any cause the witness is unwilling to make affidavit to the facts, the party desiring to use the same may apply to the clerk of the superior court, where the suit is pending or the hearing is had, for a subp[UNK]na to compel the attendance of such witness at the hearing, subject to the rules applicable to the case of ordinary witnesses. Written questions may be prepared by the party desiring the evidence, and the witness shall answer the same in the presence of the judge presiding, or of some person to be designated as commissioner by the judge presiding, who is hereby authorized by law to swear the witness to testify Page 97 truly in answer to the questions propounded, and such answers shall be written down and sworn to and subscribed by the witness at such hearing; provided , however, that if the witness at such hearing will there consent, an affidavit may be prepared, containing the facts, and may be sworn to by the witness. No cross-examination shall be allowed. Testimony of witnesshow obtained. Questions how propounded and before whom answered. Witness must be sworn and subscribe the answers. Sec. II. Be it further enacted , That when the witness whose affidavit is desired resides outside of the county, or falls within any of the classes for whom interrogatories must be taken in ordinary cases, the party desiring to use such witness' testimony on the cases referred to in the foregoing section, may prepare written questions suitable to elicit the information desired, and on application to the clerk of the superior court of the county where the witness resides, a subp[UNK]na shall be issued, directed to the witness and requiring his or her attendance before some officer, of the county named therein, authorized to administer oaths, on a day certain, to answer the questions prepared as aforesaid. The answers shall be reduced to writing, and oath shall be made to the same before said officer, whose duty it shall be to forward or deliver the questions and answers to the clerk of the court of the county where the case is pending, as in case of interrogatories; provided, however , that when the witness is a female, or from the condition of his health, or the nature of his business, it is not possible to secure his attendance without manifest inconvenience to the public and to himself, it shall be the duty of the officer to proceed to the residence of the witness, on the day named in the subp[UNK]na, and take the answers to the questions as aforesaid. The fees of the officer shall be paid by the party desiring the testimony, and may be taxed against the party cast in the suit on the final trial. How party must proceed where witness resides out of the county, etc. Answers must be reduced to writing, sworn to and subscribed by witness. In what cases officer must go to residence of witness. Fees of officer. Sec. III. Be it further enacted , That the provisions of Chapter III, in Part III, Title III of the Code, in relation to the production of books and papers, under notices and subp[UNK]na for that purpose be, and the same are hereby extended to, and made applicable to all trials, on motions for injunctions, and other similar cases. Provisions of Chapter III. in Part III. Title III. of the Code applicable to such cases. Sec. IV. Be it further enacted , That any witness summoned under the provisions of the first or second section of this Act, who fails or refuses to obey such subp[UNK]na, shall be liable to all the penalties prescribed in the case of defaulting witnesses in the superior court. Witnesses refusing to obey summonshow liable. 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 21, 1883. Page 98 REQUIRING SOLICITORS-GENERAL TO REPRESENT THE STATE IN CERTAIN CASES TRANSFERRED FROM THE STATE TO UNITED STATES COURTS, Etc. No. 283. An Act to require the Solicitors-General of this State to represent the State in certain cases in the United States Court, and to prescribe his fees therefor. Whereas, under color of section 643 of the Revised Statutes of the United States, numerous cases are being transferred from the State courts to the United States courts in Georgia, on the applications of persons claiming to be Government officials; and whereas, many of said cases are improperly transferred, and thereby many persons are enabled to escape the consequences of their illegal acts, for want of representation of the State in the United States courts, for remedy whereof: 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 claiming to be an officer of the United States, who has been indicted in any of the courts of this State for a violation of the laws of this State, has such indictments transferred by writ of habeas corpus cum causa , under and by virtue of section six hundred and forty-three of the Revised Statutes of the United States, it shall be the duty of the Solicitor-General of the circuit from which the case was removed, in association with the Attorney-General of this State, to appear for the State of Georgia in every such case so transferred and to represent the State as her prosecuting officer, and to see to it that all such cases are tried or disposed of in accordance with the laws of the United States made and provided in such cases. When Solicitors shal represent State in U.S. Courts. Shall see that cases are tried in accordance with U.S. laws. Sec. II. Be it further enacted , That the said Solicitor-General shall submit to his Excellency the Governor in each year, on or before the meeting of the General Assembly, a complete statement of all such cases so represented by him, and the disposition made of the same, as well as of the status of such cases as may be then pending, and said Solicitor-General shall receive for compensation the same fees allowed a Solicitor General in the Supreme court of the State in each case tried in said United States Courts or on his motion remanded to the State court from which he came for trial, which fees shall be paid by the State Treasurer on the warrant of the Governor. Solicitor-General to make report to the Governor. Fees of Solicitor for said service. 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 25, 1883. Page 99 TO REQUIRE PRACTICING PHYSICIANS TO SERVE AS JURORS IN CERTAIN CASES. No. 284. An Act to require physicians actually engaged in the practice of their professions, to serve as jurors in the examination of persons for whom guardianship or commitment to the Lunatic Asylum is sought, under section 1855 of the Code of 1882, 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, physicians actually engaged in the practice of their professions shall be liable to serve as jurors in the examination of persons for whom guardianship or commitment to the Lunatic Asylum is sought, under section 1855 of the Code of 1882, and nothing in section 3939 of the Code of 1882 shall be construed to exempt such physicians from jury duty in such examination of said persons. Practicing physicianswhen to serve as jurors. Not to exempt under Section 3939 of the Code of 1882. 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 25, 1883. TO REGULATE THE SERVICE OF TALES JURORS IN SUPERIOR COURTS. No. 286. An Act to regulate the service of tales jurors in the superior courts of this State. 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, no person shall be competent or compellable to serve as a tales juror upon either the grand jury or traverse jury in any of the superior courts of this State more than two weeks at any one term; provided , that the provisions of this Act shall not apply to any person regularly drawn for jury duty; provided , that the provisions of this Act shall not apply to jurors actually engaged in the trial of any case at the expiration of said two weeks. No person Compelled to serve as tales juror for more than two weeks at one term. Act does not apply to a person regularly drawn for jury duty. 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 25, 1883. Page 100 TO AMEND AN ACT PROVIDING FOR PROBATE OF FOREIGN WILLS, Etc. No. 323. An Act to amend an Act entitled an Act to provide for the probate of foreign wills and for the appointment and qualification of administrators in this State to carry out the provisions of foreign wills when admitted to probate and record in this State. Approved December 16, 1878. Section I. Be it enacted by the General Assembly of Georgia , That in all cases of foreign wills, where any such will disposes of property in Georgia, any person named as executor of such will shall be entitled to prove the same by complying with the provisions of said Act, provided the same be done within twelve months after the death of the testator or within twelve months after the passage of this Act, provided said will is valid under the laws of Georgia. When executor named in foreign will may qualify. Sec. II. Be it further enacted , That when any such will is so proved, such executor shall be entitled to qualify as a domestic executor and to receive letters testamentary upon the estate of his testator in Georgia upon the same terms and conditions as are required by law of citizens of Georgia, who as executors prove domestic wills, and the administration of the property in Georgia shall thereafter be governed by the same rules as are provided in cases of domestic wills. May qualify as domestic executor. Sec. III. Be it further enacted , That nothing herein contained shall be construed as intended to alter the distribution of property, real or personal, as heretofore provided by law. Distribution of property not affected by this Act. Sec. IV. Be it further enacted , That all laws militating against this Act are hereby repealed. Approved September 26, 1883. RIGHTS OF MARRIED WOMEN AS TO ADMINISTRATION OF ESTATES. No. 327. An Act to authorize a married woman to Act as executrix, or administratrix, and to prevent the abatement of letters testamentary or of administration granted to feme soles by reason of their marriage after the granting of such letters and before the final administration of the estate which they represent. 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 Page 101 passage of this Act, it may and shall be lawful for any married woman to act as executrix or administratrix upon any estate by complying with all the requisitions provided by law for other like representatives of estates, and no letters testamentary or of administration hereafter granted to a feme sole shall abate in consequence of her marriage after the granting of such letters testamentary or of administration, and before the final administration of the estate which she may represent, but it shall be lawful for such female to continue to administer upon said estate, notwithstanding the fact of her marriage, just as if she had remained a feme sole , subject always to the laws applicable to other like representatives of estates. Married woman may act as executrix or administratrix. Sec. II. Be it further enacted , That any married woman acting as executrix or administratrix may sue and be sued as a feme sole touching the administration of the estate which she may represent, and her separate estate shall be bound for all judgments just as though she were a feme sole . Married woman may sle and be sued as a feme sole. 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 25, 1883. TO PRESCRIBE THE OATH OF JURY COMMISSIONERS IN THIS STATE. No. 330. An Act to prescribe the oath to be taken by jury commissioners in this State, and for other purposes therein named. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, all jury commissioners in this State, before entering on the discharge of their duties, shall take and subscribe, before the ordinary of their respective counties, the following oath (which shall be entered on the minutes of the court of ordinary), viz.: You shall faithfully and impartially discharge the duty of jury commissioners for the county of , in accordance with the Constitution of this State, to the best of your skill and knowledge, and the deliberations and counsel of the jury commissioners, while in the discharge of their duties, you shall forever keep secret and inviolate, unless called upon to give evidence thereof in some court of justice or other legal tribunal of this State, so help you God. Form oath. Sec. II. Be it further enacted by the authority aforesaid , That the clerk of the superior court (who is ex-officio clerk of the board of jury commissioners), before entering upon the performance of his duties as clerk of said board, shall also qualify on oath, before the said ordinary, to faithfully discharge his duties, as now required of him by existing laws, and that he will never divulge any of the proceedings and deliberations of the said jury commissioners, unless compelled Page 102 to testify thereof in some court of law or equity in this State. Clerk of Superior Court to take oath as ex-officio Clerk of Jury Commissioners. Sec. III. Be it further enacted by the authority aforesaid , That in case any jury commissioner, or clerk of the superior court, shall willfully and intentionally violate the terms of his said oath, such person shall be guilty of the offense of false swearing and, on conviction, shall be punished by imprisonment and labor in the penitentiary of this State for not less than one year nor longer than five years. Wilful violation of oath, how punished, etc. 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 26, 1883. TO AMEND THE LAW IN RELATION TO THE RECEPTION AND DELIVERY OF INTERROGATORIES, Etc. No. 331. An Act to alter and amend the law of this State relating to the reception of interrogatories and depositions, and to authorize their delivery at any time. 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 package containing interrogatories or depositions shall be received by mail, the postmaster of the office to which they are directed shall immediately, upon their receipt, indorse upon the package the fact of its reception by due course of mail, and shall at once deliver the package to the clerk, or presiding judge, or justice of the court to whom it is directed. Interrogatives when, how and to whom delivered. Sec. II. Be it further enacted by the authority aforesaid , That the clerk, or presiding judge, or justice of the court shall receive all such packages, either in term time or vacation, indorsing thereon from whom received and the time of its reception; if it be received in vacation it shall be the duty of said clerk, presiding judge or justice to file the same away with the seal unbroken until the next regular term of the court; provided , nevertheless, that said package may be opened at any time by consent in writing of counsel for both sides. By whom and how received, and how filed. Opened by consent. 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 26, 1883. Page 103 TO MAKE SECOND TERM AFTER SUIT TRIAL TERM IN CERTAIN CASES IN JUSTICE COURTS, AND REQUIRE DEFENSE MADE AT FIRST TERM, Etc. No. 332. An Act to make the second term after suit is brought in justice's court trial term in certain cases; to require defense to be made at the first term, 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, whenever the defendant in any civil suit in the justice's courts in an unconditional contract in writing makes defense, he shall make such defense at the first term of said court. When defense must be made at first term. Sec. II. Be it further enacted , That when such defense is thus made, the cause shall stand for trial at the next regular term of said court (subject, however, to continuance, as now provided by law); provided, however , that said cause may be tried at the term when said plea is filed, if the plaintiff, his agent or attorney is present consenting thereto. At what term to be tried 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 26, 1883. TRIAL OF MANDAMUS CASES. No. 337. An Act to fix the time and method of trial in cases of mandamus, before the judges of the superior courts, and in the Superior and Supreme Courts. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, upon the presentation of an application for mandamus, if the mandamus nisi is granted, the judge shall cause the same to be returned for trial, not less than ten nor longer than thirty days from said date, defendant to be served at least five days before the time fixed for such hearing; if the answer to said mandamus nisi involves no issue of fact, the same shall be heard and determined in vacation, unless court then be in session when it may be determined in the superior court. When decided in vacation. Sec. II. Be it further enacted , That if an issue of fact is involved in said cause, it shall be in order for trial upon the first day of the next term of the superior court as other jury causes are tried; provided, however , that if the superior court be in session, or taking a recess at the time fixed for trial in the mandamus nisi , the same shall stand for trial at the then present term. How and when tried if issue of fact be involved. Page 104 Sec. III. Be it further enacted , That upon refusal to grant the mandamus nisi , petitioner may have his bill of exceptions to the Supreme Court as now provided in cases of the granting and refusing injunctions, and that either party dissatisfied with the judgment in the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions. Bill of Exception in what cases allowed petitioner for mandamus. Sec. IV. Be it further enacted , That if an issue of fact is involved it may be heard by the judge in vacation upon the consent of all parties. Issue of fact when heard in vacation. Sec. V. Be it further enacted , That mandamus cases shall be heard in the Supreme Court under the same laws and rules as now apply to injunction cases. How tried in Supreme Court. Sec. VI. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved September 26, 1883. TO PRESCRIBE WHEN THE STATUTE OF LIMITATIONS BEGINS TO RUN AGAINST THE CREDITOR OF AN UNREPRESENTED ESTATE. No. 344. An Act to prescribe when the statute of limitations shall begin to run against the creditor of an unrepresented estate. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that the time accruing between the death of a person and representation taken upon his estate, or between the termination of one administration and the commencement of another, shall not be counted against creditors of his estate; provided , such time does not exceed five years, at the expiration of that time the limitation shall commence. Creditors of unrepresented estates. 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 26, 1883. TO PROVIDE FOR THE SURVEY OF LANDS IN CERTAIN CASES. No. 347. An Act to provide for the survey of lands in certain cases, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, when any county surveyor of any county in this State is interested in any survey to be made, Page 105 it shall be the duty of the judge of the superior court, or the Ordinary of the county in which the land is located, upon the application of any party in interest, to appoint a competent and disinterested surveyor to make the survey, or the order may in his discretion be directed to the surveyor of any adjoining county. If the surveyor appointed is not a county surveyor, he shall before entering on said survey take and subscribe before some judicial officer of the county the oath now required of county surveyors. When County Surveyor is interested, Judge Superior Court or Ordinary may appoint a Surveyor. Sec. II. Be it further enacted by the authority aforesaid , That the rights, powers and duties of the surveyor so appointed shall be the same as those of the county surveyor and the return of such sur veyor shall have the same force and effect as other surveys. Surveyor's rights. 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 26, 1883. DEPUTY CLERKS OF COUNTY COURTSPOWERS AND DUTIES OF. No. 355. An Act to prescribe the duties of deputy clerks of the county courts; to provide for their compensation, and for other purposes. Section. I. Be it enacted by the General Assembly , That from and after the passage of this Act, deputy clerks of the county courts throughout the State may do such of the following acts as the county judge could do, not judicial in their nature, to-wit, administer oaths and attest affidavits, issue subp[UNK]nas and processes on declarations and executions on judgments, foreclosure of mortgages and other liens bearing test in the name of said judge and returnable as if issued by him. Deputy Clerks of County Courts given certain powers. Sec. II. Be it further enacted , That the deputy clerks shall receive for their services pay from the compensation of said judge on terms to be agreed on by them. Compensation. 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 26, 1883. Page 106 TO BRING CONVICTS INTO COURT AS WITNESSES. No. 377. An Act to prescribe the manner of producing in the several courts of this State any person needed as a witness in any criminal case who is confined in the State penitentiary or county chain-gang under sentence; to provide the manner of paying the expense of the same, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives , That when any person who is confined in the State penitentiary, or in a county chain-gang under sentence, shall be needed as a witness in any criminal case in any of the courts of this State, his attendance as a witness may be procured in the following manner: If the witness be needed for the State, the solicitor-general or other prosecuting officer shall make a written application to the governor for the attendance of such person, and when such application is approved by the judge of the court in which such person is needed as a witness, the Governor shall order the person having charge of such convict to deliver him to the sheriff of the county in which the convict is desired as a witness, and such sheriff shall receive and safely keep such convict, and return him to the person from whose custody he was received so soon as the court discharges him as a witness. If the witness be needed for the defendant in any crimnal case, the defendant or his attorney may make the application, and if the same is approved by the judge, as provided above, the Governor shall issue his order, and all other proceedings be had as in case of application on behalf of the State. Convicts in chaingang of State or County, how brought into Court as witness, etc. Sec. II. Be it further enacted , That in applications made in behalf of the State, the county in which the case is tried shall pay the per diem and mileage of the sheriff, the jail fees for the convict while detained in the county as a witness, and any other proper expense that may be incurred by the removal of the convict, the bill of expense to be approved by the presiding judge of the court in which the convict is used as a witness. In the event of a conviction, the expense herein referred to shall be taxed in the bill of cost. In case such convict shall be needed as a witness by the defendant in any criminal case, the defendant shall deposit enough money with the sheriff to cover the expense herein before referred to, unless the defendant is unable to pay such expense, and the judge of the superior court of the circuit embracing the county in which such convict shall be needed as a witness shall, after examining into the financial condition of the defendant and the evidence sought to be obtained, determine that the ends of justice require the production of such convict as a witness, then the expense shall be paid as provided in case the convict is used as a witness for the State; provided , that this Act shall be held to be cumulative only of the law now in force upon this subject. Expenses of samehow and by whom paid. Page 107 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 27, 1883. TO PROVIDE A NEW METHOD OF CARRYING CASES TO THE SUPREME COURT FROM THE SUPERIOR AND CITY COURTS. No. 379. An Act to provide for the transmission of only part of the record to the Supreme Court from the superior and city courts, in certain cases therein provided, and to provide that only one transcript shall be required where cross-bills of exceptions may be filed. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, whenever in any case sought to be brought to the Supreme Court from any of the superior or city courts, counsel for all the parties in interest may agree in writing that it is not necessary to a proper determination of the questions made by the bill of exceptions that a full transcript of the record shall be sent to the Supreme Court, they may present to the judge who presided in such cause, in connection with the bill of exceptions, an agreed statement of what parts of the record are necessary to be transmitted, and if such judge shall certify that such agreed record is sufficient for a proper determination of the questions so made, then the clerk shall only make out and transmit to the Supreme Court such parts as may be so agreed upon, and the judge shall confine his certificate to the bill of exceptions to the requirements of this Act, and the clerk shall certify that the transcript transmitted contains so much and such part of the record as directed by the certificate of the judge to be transmitted. When and how a full transcript from the record may be dispensed with. Sec. II. Be it further enacted , That when more than one bill of exceptions shall be filed in the same cause, involving the consideration by the Supreme Court of the same record, only one transcript of the record shall be transmitted to the Supreme Court, and no costs shall be required or taxed for more than one transcript, and the Supreme Court, upon rendering judgment in said causes, shall direct against which of the parties the costs shall be taxed. When two Bills of Exception in same cause only one transcript made. 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 27, 1883. Page 108 TO PROVIDE FOR PAY OF TALES JURORS WHETHER THEY BE SWORN AND SERVE OR NOT. No. 381. An Act to provide for the payment of tales jurors whether they be sworn and serve or not. 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, all tales jurors in the several courts of this State shall be paid as follows, to-wit: For the time of actual attendance upon the court, whether they be sworn and serve or not, one-half the amount paid other jurors who are actually sworn and serve, and if said jurors are actually sworn and serve, to be paid as other jurors are paid; provided, however , no tales juror shall be entitled to compensation under this Act, unless he shall have been required to attend court as such tales juror for as long as one entire day or more; provided , that the time of service of said tales jurors shall only date from the time the sheriff shall furnish to the clerk the list of said tales men who are present in court. Paid whether they be sworn and serve or not. 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 27, 1883. AUTHORIZING THE ISSUE OF ALIAS TAX FI. FAS. IN LIEU OF ORIGINALS WHERE THE LATTER ARE LOST OR DESTROYED. No. 388. An Act to authorize the issue of alias tax fi. fas. in lieu of originals lost or destroyed, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That when any tax execution which shall have been regularly issued by the tax collector of any county of this State shall be lost or destroyed, an alias execution, in lieu of such original execution, may issue upon the party having the right to control the same, such original execution, filing with the ordinary of the county in which issued, a statement under oath of the loss or destruction of such original. The said party shall indorse on the copy issued in lieu of said original, the word Alias . Alias tax fl. fas when issued. Indorse thereon; Alias. Sec. II. Be it further enacted , That said alias execution shall have all the legal force and effect as said lost or destroyed original execution. Force and effect of alias. Page 109 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 27, 1883. PROVIDING A SPECIAL LIEN UPON CROPS IN FAVOR OF TRANSFEREES OF RENT DEBTS, THEIR FORECLOSURE, Etc. No. 390. An Act to provide for special liens upon crops in favor of transferees of debts for rent, for their foreclosure, and for other purposes. Section I. The General Assembly of the State of Georgia do enact as follows: Whenever any contract for rent is evidenced by writing, and is transferred by written assignment before the maturity of the crops on the lands rented, the special lien provided for by section 1977 of the Code of Georgia in favor of landlords shall, on the maturity of the crops, arise in favor of the transferee of such rent contract in the same manner as it would have done in favor of the landlord had no transfer been made. Transferees lien on crop matured. Sec. II. Be it further enacted by the authority aforesaid , That the special lien provided for in the foregoing section may be foreclosed by the transferee in his own name; provided , the affidavit of foreclosure shall contain a recital of the fact of transfer and such other allegations as are necessary in the foreclosure of special liens by landlords. Foreclosure of lien. 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 27, 1883. TO PROVIDE FOR FORECLOSING MORTGAGES ON PERSONAL PROPERTY IN CERTAIN CASES BEFORE MATURITY OF DEBT, Etc. No. 404. An Act to authorize the foreclosure of mortgages on personal property in certain cases before the debt secured by such mortgages shall become due, and to provide the manner of foreclosure, 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, whenever process of attachment can be legally sued out against any person upon any debt or demand secured by mortgage on personal property, or whenever the Page 110 purchaser of mortgaged property is seeking to remove the same beyond the limits of the county, it may and shall be lawful for the creditor to foreclose his mortgage in the manner now prescribed by existing laws, except that the affidavit need not state that the debt or demand is due, but shall state that the debtor has placed himself in some one of the positions enumerated in the Code of this State where process of all attachment could legally issue against him, and shall state the amount of the debt or demand claimed and when the same will become due. When mortgage may be foreclosed for debt not due. Sec. II. Be it further enacted , That all subsequent proceedings respecting the levy and sale of the mortgaged property shall be conducted in the manner now prescribed by existing laws, and the money realized from the sale of said property shall be disbursed by the proper officer under the terms and rules now prescribed by existing laws, except that the same shall not be paid over to the plaintiff in fi. fa. until the debt secured by the mortgage shall become due. Proceedings as to levy and sale. Sec. III. Be it further enacted , That after the levy of the execution on the mortgaged property as before herein provided, the defendant may file his affidavit of illegality, in which he may avail himself of any defense that he could have set up according to law in an ordinary suit upon the demand secured by the mortgage, and which goes to show that he is not justly indebted to the plaintiff in the sum claimed in said affidavit of foreclosure, and the subsequent proceedings as to giving bond and the trial of the issue made in said case shall be conducted in the manner prescribed by section 3976 of the Code of 1882 of this State. Defendant may file affidavit of illegality. Sec. IV. Be it further enacted , That nothing in this Act contained shall be taken and construed to affect or repeal existing statutes and laws on the subject of recording mortgages and the legal effect of such records, or to affect the rights of innocent purchasers of mortgaged property, but existing laws on those subjects shall remain of full force and effect. Existing laws as to record of of mortgages, not to be affected. 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 27, 1883. TO PRESCRIBE THE FEES OF JUSTICES OF THE PEACE AND CONSTABLES IN PROCEEDINGS TO DISPOSSESS INTRUDERS AND TENANTS HOLDING OVER. No. 414. An Act to prescribe the fees of justices of the peace and constables of this State in proceedings to dispossess intruders and tenants holding over. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act the fees of justices of the peace of this Page 111 State, for issuing a warrant to dispossess intruders or tenants holding over, shall be one dollar and seventy-five cents ($1.75) in each case. Fees of Justices of the Peace prescribed. Sec. II. Be it further enacted by the authority aforesaid , That the fees of constables in this State for executing warrants against intruders or tenants holding over shall be one dollar and twenty-five cents in each case ($1.25). 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. Fees of Constables prescribed. ing in different counties. Approved September 27, 1883. TO AUTHORIZE THE SUPERIOR COURT TO INCORPORATE TOWNS OR VILLAGES IN CERTAIN CASES. No. 425. An Act to authorize the superior court of either county to grant charters to incorporate towns or villages in this State when the territory to be covered by such charters is in more counties than one. Section I. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, the superior court of either county shall have power to grant charters to towns and villages in this State, when the territory described in such charters is in more counties than one, in the same manner as is now provided by law for the incorporated towns and villages in this State when the territory described in charters is in one county only. Superior Court may charter towns and villages. 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 28, 1883. TO MAKE PENAL THE SELLING OR ENCUMBERING PERSONAL PROPERTY HELD UNDER CONDITIONAL PURCHASE, AND TO PROVIDE A PENALTY. No. 427. An Act to make penal the selling or encumbering personal property held under a conditional purchase, and to provide a penalty for the same. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, no person holding personal property under a conditional purchase and sale, where, by the terms Page 112 of said purchase, the title to said property is retained by the vendor, until paid for, shall be permitted to sell, dispose of or encumber said property with the view or intent to defraud or defeat said vendor's rights, or where such selling, disposing of or encumbering of said property tends to the injury of said vendor, unless the same be done by the consent or approval of said vendor. Unlawful for purchaser of personal property, on condition to sell or incumber the same. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of the first section of this Act, and loss shall thereby be sustained by the vendor of said property, such person so violating shall be deemed and held to be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine in double the amount of the purchase money due for said property, and on failure to pay said fine immediately to be worked in the chaingang, or imprisoned in the common jail, for a period not less than three months nor longer than twelve months. Violation of this Act deemed a misdemeanor. Sec. III. Be it further enacted by the authority aforesaid , That when the fine provided for in the foregoing section is collected, it shall be the duty of the court to direct that a sufficient amount thereof be paid to said vendor, to pay the amount due him for said property, and the remainder of said fine shall be disposed of as other fines in criminal cases. Sec. IV. Be it further enacted by the authority aforesaid , That the superior or county courts of the county where the person violating resides, if a resident of this State, shall have jurisdiction to try said offender; provided, however , that in all cases prosecuted under this Act, it shall be within the power of the presiding judge to permit the parties at interest to settle such prosecution at any time prior to conviction, upon the payment of the amount due said vendor, and the costs of said prosecution. Superior or County Courts have jurisdiction. 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 28, 1883. TO PRESCRIBE THE COSTS IN CASES IN SUPREME COURT OF THIS STATE, WHICH ARE DISMISSED OR WITHDRAWN. No. 439. An Act to prescribe the costs of cases in the Supreme Court of this State, which shall be withdrawn or dismissed. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, when any cause in the Supreme Court of this State shall be withdrawn or dismissed, the cost to be paid by the plaintiff in error shall not exceed six dollars and a quarter. Not to exceed $6.25. Page 113 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 28, 1883. REQUIRING JUDGES OF SUPERIOR COURTS TO GRANT CHARTERS TO SHELL, PLANK AND TURNPIKE COMPANIES. No. 463. An Act to empower and require the judges of the superior courts of the several judicial circuits in this State to grant charters to shell, plank road and turnpike companies, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That on and immediately after the passage of this Act, when five or more persons desire a charter for a shell or plank road or turnpike in any of the counties of this State, they shall file, in the office of the clerk of the superior court of the county in which said shell, plank or turnpike road is intended to be located, a petition or declaration specifying as near as possible the route and termini and the corporate name, and amount of capital to be employed by them in building such roads, with the privilege of increasing it to any amount named in said petition, and the time, not exceeding twenty years, for which they desire to be incorporated, with the privilege of renewal at the expiration of said twenty years, which petition or declaration shall be recorded by said clerk, and shall also be published once a week for one month in the nearest public gazette to the location of such plank, shell or turnpike road company, before said court shall pass an order declaring said application granted. Petitionhow prepared and filed. Sec. II. Be it further enacted , That no shell, plank or turnpike road under this Act shall commence to exercise the privileges conferred by the charters until ten per cent. of the capital stock is paid in, and no charter shall have any force or effect for a longer period than five years, unless the corporators within that time shall in good faith commence to exercise the powers granted by the Act of incorporation. Charter void if work not begun in five years. Sec. III. Be it further enacted , That the clerk of the court shall receive for his services the usual fee allowed for similar services in other cases Sec. IV. And be it further enacted , That when any person shall feel aggrieved or injured by said shell, plank or turnpike road being carried through his or her lands or, when the said company cannot agree with persons through or on whose lands the said shell, plank or turnpike roads may be constructed, as to the damage sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be Page 114 appointed by the judge of the superior court of the judicial circuit in the county in which such shell, plank or turnpike road is located, the award of the appraisers appointed as aforesaid to operate as a judgment for the amount against the company, and shall be recorded in the superior court of the county in which said shell, plank or turnpike road is located, at the ensuing term of said court, and be enforced by execution from said court, with the right of appeal to either party to be tried at the next term thereafter by a special jury, and the decision shall vest in the shell, plank or turnpike road company the right of way over said land upon payment of said judgment being first made by said shell, plank or turnpike road company. Damages how assessed. Sec. V. 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 28, 1883. Page 115 TITLE X. MISCELLANEOUS. ACTS. Amending Act as to formation of railroad corporations. Sale of formulas for composting fertilizers. Taking land for erecting light-houses, etc. Confederate soldiers, relief of disabled from poll tax. Wilful trespass on lands of another. General congressional apportionment. State line between Georgia and North Carolina. State Librarian, salary of. Oleomargarine, sale of regulated. Sale of property, title papers to which are forged. Public property, officers required to make inventory. Sworn weighers, employment by railroad companies required. Adulterated food or drink, sale of. Cattle, driving into this State to graze. Costs of ordinary for posting fence election notices, how to be paid. Liquors, sale of to habitual drunkards. Stallions, jacks and bulls, lien for owners of. Fire-arms, discharge of near public highways. Railroad cars, breaking and entering with intent to steal. Insurance of books of the State in hands of county officers. Railroad commission, law creating amended. Turnpike roads, collection of toll on regulated. Stern's United States calendar made competent evidence. Railroad corporations, amending Act as to formation of. Railroad trains, stoppage of at crossings. State depositories, Act creating amended. Wire fence made lawful. Illegal voting at municipal elections. Amending the road laws of this State. Freights, reception of by connecting railroads. Pharmaceutical examiners, law creating amended. Stock made valueless by injuries from trains, how killed. Cattle, driving from infected localities. Record of deeds, mortgages, etc., a second time in certain cases. Railroad companies to file with Secretary of State copies of charters and amendment, and names of officers. Page 116 TO AMEND AN ACT TO ENABLE PURCHASERS OF RAILROADS TO FORM CORPORATIONS; TO EXERCISE CORPORATE POWERS, AND DEFINE THEIR RIGHTS, POWERS AND PRIVILEGES, Etc. No. 1. 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, said Act approved February 29, 1876, and to amend section 1689 (y) of the Code of 1882, which contains the same provision of law hereby sought to be amended. Section I. Be it enacted by the General Assembly of the State of Georgia , That section four 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 29, 1876, as well as section 1689 (y) of the Code of 1882, which contains said section of said Act, be amended by adding after the words certificate of organization, appearing in the fourth and fifth lines of the fourth section of said Act of 1876, found in the published Acts for that year, on page 119, and appearing also in the fourth and fifth lines of section 1689 (y) of the Code of 1882, the words following, to-wit: Provided , that such corporations, their successors or assigns, shall have the privilege of amending said certificate of organization, by filing with the Secretary of State a new certificate in accordance with the provisions of the first section of said Act of 1876, as found in the Acts of 1876, pages 118 and 119, and also as found in section 1689 (v) of the Code of 1882; provided, further , that such additional certificate or certificates shall only be filed, and shall only operate as a new certificate of incorporation and organization upon the assent of a two-thirds majority of the stockholders represented at an annual or called meeting of stockholders of such company, if obtained in the manner pointed out in section 1689 (h) of the Code of 1882, which is hereby made a part of section four of said Act of 1876, and of section 1689 (y) of the Code of 1882, and said stock shall not exceed $30,000 per mile of each mile of road; provided , that in cases where the stock provided for in the original certificate has not been issued and sold, or is in the hands of such railroad company, the purchasers of such railroad, or their assigns, are hereby authorized to make such increase to the capital stock by filing a new certificate declaring the amount of said increase and the purpose for which such increase is made, so that said section four of said Act of 1876, and section 1689 (y) of the Code of 1882, as amended, shall read as follows: How certificate of organization may be amended. Such corporation shall also have power to establish sinking funds for the payment of its liabilities, and to issue capital stock to such an aggregate amount as may be necessary, not exceeding the amount named in its certificate of organization; provided , that such corporations, their successors or assigns, shall have the privilege of Page 117 amending said certificate of organization by filing with the Secretary of State a new certificate in accordance with the provision of the first section of said Act of 1876, as found in the Acts of 1876, pages 118 and 119, and also as found in section 1689 V of the Code of 1882; and provided, further , that in case the capital of any company formed under this section is found insufficient for constructing and operating its roads, 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; provided , that in cases where the stock provided for in the original certificate has not been issued and sold, or is in the hands of such railroad company, the purchasers of such railroad, or their assigns, are hereby authorized to make such increase to the capital stock by filing a new certificate declaring the amount of said increase and the purpose for which such increase is made; provided, further , that said increase in stock shall not in any event exceed a total issue of stock for each mile of road of more than $30,000 per mile, and may make and issue preferred stock, and make and establish preferences in respect to dividends in favor of one or more classes of stock over any other class or classes, and secure the same in such order and manner and to such extent as such corporation may deem expedient, and may confer upon the holders of any bonds which it may issue the right to vote at all meetings of its stockholders, not however, exceeding one vote for each one hundred dollars of the par amount of such bonds, which right to vote when once fixed shall attach to and pass with such bonds under such regulations as such corporation shall prescribe, but shall not subject the holder to any call for an assessment of money made by such corporation, or to any liability for the debts of such corporation, or entitle any holder thereof to dividends, and such corporation shall also have capacity to enjoy and exercise within other States the said powers, rights, immunities, privileges and franchises, and such others as may be conferred upon it by any law of this or any State in which any portion of its railroad may be situated, or in which it may transact any part of its business, and to make by-laws, rules and regulations in relation to its business, and the number of its directors, and the times and places of holding meetings of its stockholders and directors, and the same to alter and change as may be deemed expedient; Page 118 provided , that such by-laws, rules and regulations shall conform to the laws of this State. Sinking fund. Capital stock. Amend by filing new certificate. Call of meeting by notice. Notice how given. Record to be kept. Limitation of stock issued. Holders of bonds of company, how allowed to vote. Privileges and franchises declared. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby repealed. Approved November 30, 1882. TO REGULATE THE SALE OF FORMULAS FOR COMPOSTING FERTILIZERS. No. 14. An Act to regulate the sale of formulas, patent or otherwise, for composting fertilizers, 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 or offer for sale in this State any formulas for composting fertilizers, patent or otherwise, unless the same has been first submitted to the commissioner of agriculture, and by him approved, and a certificate of approval by the commissioner of agriculture, to be presented by salesmen whenever offered for sale. Sale of formulas unlawful without approved by Commissioner of Agriculture. Sec. II. 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, on conviction of the same, shall be punished as prescribed in section 4310 of the Code of 1873. A misdemeanor, how punished. Sec. III. Be it further enacted by the authority aforesaid , That the commissioner of agriculture, after approving any formula, shall not make public the same, but when the same is not approved shall make it public. Formulas when made pubic by Commissioners. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 9, 1882. TO PROVIDE FOR TAKING LAND OF PRIVATE PERSONS FOR USE OF THE GENERAL GOVERNMENT IN ERECTING LIGHT-HOUSES, BEACONS OR RANGE LIGHTS, etc. No. 19. An Act to provide for the taking of land belonging to private persons for the purpose of erecting light-houses, beacons or range lights by the general government to improve the navigable rivers and harbors of this State. Whereas, It is a public benefit that the navigation of the rivers and harbors of this State should be improved by the erection of Page 119 light-houses, beacon lights and range lights; and whereas, it is necessary for these purposes to take land belonging to private individuals to accomplish these ends; and whereas, the government of the United States has heretofore made appropriations for these purposes, which have been unavailable on account of there being no provision for the taking of private property for the purposes aforesaid; and whereas, it is deemed advisable to provide the means whereby such appropriations heretofore made, and such as may be made in the future, may become available, which will serve a public purpose, both as to the United States and to the State of Georgia: therefore, 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 agent of the United States, and the mayor of any incorporate city, in the county in which it is proposed to erect light-houses, beacons or range lights, or any other structure designed to assist the navigation of the waters of this State, authorized by the government of the United States, shall mark out, by metes and bounds, the land so necessary to be taken as aforesaid, for the purpose aforesaid, and advise the respective owners thereof. If the agent of the United States and the owners cannot agree upon the compensation to be paid the owner for the taking of the land, then the Governor of this State shall appoint one person and the owner of the land another, and these two shall select a third person, which three persons shall constitute a commission to assess and determine the just and adequate compensation to be paid to the owner. The said commissioners shall put their award in writing and file it in the clerk's office of the superior court of the county where it is proposed to erect such light-house, beacon, range light or any other structure as above mentioned, giving to the owner, if possible, a copy of the award, who shall have the right, within five days after notice if he is dissatisfied with the assessment, to enter an appeal to the superior court of the county where such award is filed, by filing an affidavit that he is dissatisfied, and that he believes the assessment is not just and adequate. Who may have lands set apart for use of the U. S. Government. The issues of fact involved shall be tried in said court by a jury as in other cases. The award so filed, if no appeal, and the judgment of the court, if there be an appeal, shall pass the title of the said land out of the said owner into the United States of America, upon the payment of the amount of the award or the judgment, as the case may be. Should the owner refuse to appoint a commissioner, or should the commissioner, after selection, refuse to act, or should the owner be a minor or other person laboring under disability, unless the guardian shall make the selection, the ordinary of the county in which such land is situated shall select a person for him or them. Title of land, how passed from owner to U. S. Sec. II. Be it further enacted , That should an appeal be entered as above provided for, the case shall be at once at issue and ready for trial in said court, whether the term be commenced or not. A bill of exceptions may be tendered by the owner to the judge of said court within three days after the trial, and not otherwise, which, if Page 120 true, the judge shall certify; within two days from the date of the certificate of the judge, the bill of exceptions shall be filed in the clerk's office of the superior court of said county, and the clerk shall within three days, make out a copy of the bill and make a transcript of the record, and forward such transcript, with the original bill of exceptions, immediately to the Supreme Court. A copy of the bill of exceptions shall be served on the mayor of any incorporated city in the county where such land is situated within two days from the certificate of the judge. The said cause shall be for trial in the Supreme Court as soon as the bill of exceptions is filed, and shall be taken up, on motion of either the State or the owner of the land, to the exclusion of other cases. Should the owner move for a new trial, he shall do so within three days from the trial, and should he desire to except to the judgment on said motion, he shall do so, and not otherwise, within two days after the judgment, by tendering his bill of exceptions, and all of the provisions of this section, above specified, shall apply to a bill of exceptions so taken. Appeal when tried. Bill of Exceptions, when filed, etc. Copy of bill of exceptions, how served. Sec. III. Be it further enacted , That should the mayor of any incorporated city. as aforesaid, not be satisfied with the award of the commissioners, an appeal may be taken in the name of the State, in the manner provided for the owner in the first section, by the mayor's filing an affidavit that he believes the compensation awarded is excessive, and should such appeal be entered, the time, the manner and mode of trial, and of exceptions and trial in the Supreme Court, provided for the owner in the preceding sections of this Act, shall apply, which proceedings the said mayor is authorized to institute for and in behalf of the State. Proceedings in case of appeal, etc., by mayor. 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 December 9, 1882. TO RELIEVE CRIPPLED AND DISABLED CONFEDERATE SOLDIERS FROM POLL TAX, Etc. No. 80. An Act to relieve crippled and disabled Confederate soldiers from the payment of poll tax, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, all persons who have lost a limb or limbs, or the use of the same while actually engaged in the military service of the late Confederate States, shall be, and they are hereby relieved from the payment of all poll tax in this State now or hereafter to become due. Persons who have lost a limb or limbs or the use of the same while actually in the military service of the Confederate States. Sec. II. Be it further enacted , That the several ordinaries, or other officer or officers of the county having the control and management of the county revenues, shall have full power and authority, in their Page 121 respective counties, to relieve any person from the payment of any poll tax which is demanded in violation of this Act. 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 July 23, 1883. TO PUNISH WILLFUL TRESPASS ON LANDS OF ANOTHER. No. 88. An Act to punish the willful trespass upon the lands of another. 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, if any person shall willfully enter, go upon or pass over any field, orchard, garden or other enclosed or cultivated land of another, after being personally forbidden so to do by the owner or person entitled to the possession for the time being, or authorized agent thereof, shall be guilty of a misdemeanor, and, on conviction, be punished as provided in section 4310 of the Code of 1882. When unlawful to go upon or pass over lands of another. 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 10, 1883. TO APPORTION AND DIVIDE THE STATE OF GEORGIA INTO TEN CONGRESSIONAL DISTRICTS. No. 106. An Act to apportion and divide the State of Georgia into ten congressional districts, in conformity with an Act of Congress approved on the 25th day of February, 1882. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, in conformity with the above recited Act of Congress, there shall be in this State ten congressional districts, to be known as the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th and 10th congressional districts, and to be constituted as follows until changed by Act of the General Assembly, viz.: Ten Districts, how to be known. (1.) The first congressional district shall be composed of the following counties: Appling, Bryan, Bulloch, Camden, Charlton, Chatham, Clinch, Echols, Effingham, Emanuel, Glynn, Liberty, McIntosh, Pierce, Screven, Tattnall, Ware and Wayne. Counties composing 1st district. (2) The second congressional district shall be composed of the Page 122 following counties: Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Decatur, Dougherty, Early, Lowndes, Miller, Mitchell, Quitman, Randolph, Terrell, Thomas and Worth. Counties composing 2nd district. (3.) The third congressional district shall be composed of the following counties: Coffee, Dodge, Dooly, Houston, Irwin, Laurens, Lee, Macon, Montgomery, Pulaski, Schley, Stewart, Sumter, Telfair, Webster and Wilcox. Counties composing 3rd district. (4.) The fourth congressional district shall be composed of the following counties: Carroll, Chattahoochee, Coweta, Harris, Heard, Marion, Meriwether, Muscogee, Talbot, Taylor and Troup. Counties composing the 4th district. (5.) The fifth congressional district shall be composed of the following counties: Campbell, Clayton, DeKalb, Douglas, Fayette, Fulton, Henry, Newton, Rockdale, Spalding and Walton. Counties composing the 5th district. (6.) The sixth congressional district shall be composed of the following counties: Baldwin, Bibb, Butts, Crawford, Jasper, Jones, Monroe, Pike, Twiggs, Upson and Wilkinson. Counties composing the 6th district. (7.) The seventh congressional district shall be composed of the following counties: Bartow, Catoosa, Chattooga, Cobb, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield. Counties composing the 7th district. (8.) The eighth congressional district shall be composed of the following counties: Clarke, Franklin, Elbert, Greene, Hancock, Hart, Madison, Morgan, Oconee, Oglethorpe, Putnam and Wilkes. Counties composing the 8th district. (9.) The ninth congressional district shall be composed of the following counties: Banks, Cherokee, Dawson, Fannin, Forsyth, Gilmer, Gwinnett, Hall, Habersham, Jackson, Lumpkin, Milton, Rabun, Pickens, Towns, Union and White. Counties composing the 9th district. (10.) The tenth congressional district shall be composed of the following counties: Burke, Columbia, Glasscock, Jefferson, Johnson, Lincoln, McDuffie, Richmond, Taliaferro, Warren and Washington. Counties composing the 10th district. 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 28, 1883. TO ESTABLISH THE STATE LINE BETWEEN GEORGIA AND NORTH CAROLINA. No. 257. 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 the survey of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That 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, be established by a survey, and that said line be carefully and distinctly marked, said survey to commence Page 123 at the corner between Georgia and South Carolina at the point where the Chattooga river intersects with the thirty-fifth parallel of north latitude, and to run west on said line, or parallel of north latitude towards the place called Nickajack, until the western boundaries of Rabun county in Georgia and Macon county in North Carolina are reached. Line between Rabun county, Georgia, and Macon county, North Carolina. Survey to begin where and where to end. Sec. II Be it further enacted , That the Governor of Georgia be, and he is hereby authorized to appoint a commissioner on the part of Georgia to coperate with a commissioner on the part of North Carolina, to be appointed by the Governor of that State. Governor to appoint a commissioner for Georgia. Sec. III. Be it further enacted , That said commissioners, when appointed, shall be authorized to employ some competent surveyor upon whom they can agree, and chain carrier, and shall proceed to survey said line in the first section of this Act named, and when said survey is made, it shall be the duty of said surveyor to make an accurate and correct plat of the same, duly certified by said commissioners, copies of which shall be filed, one with the clerk of the superior court of Rabun county, and one in the office of the Secretary of State of this State, in both of which offices it shall be recorded. A transcript from said record in the clerk's office of Rabun county, duly certified, or the records itself, shall be evidence in any court in said county, and a transcript from said record in the Secretary of State's office shall be evidence in any of the courts of this State where the true line between said States is in issue. Commissioners may employ Surveyor and chain carrier. Transcript of record evidence in any Court of this State. Sec. IV. Be it further enacted , That the location of said line shall in no way affect the titles to the lands lying within the boundary now in dispute between said States, and which is intended to be definitely settled by the line hereby authorized to be located. 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 21, 1883. TO FIX THE SALARY OF THE STATE LIBRARIAN. No. 258. An Act to fix the salary of the State Librarian. Whereas, on account of the increased duties of the State Librarian in the care and sale of the Georgia Reports and other onerous duties required of him: Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, the salary of the State Librarian shall be ($1,500.00) fifteen hundred dollars per annum. Salary increased to $1500.00 per annum. 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 21, 1883. Page 124 TO PREVENT FRAUD OF THE PUBLIC IN THE SALE AND USE OF OLEOMARGARINE. No. 261. An Act to prevent the practice of fraud upon the public in the sale and use of the product known as oleomargarine by prescribing the manner in which only it may be sold, and the conditions upon which hotels, inns, restaurants and houses of public entertainment can only furnish it to their guests, and providing a penalty for the violation 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, it shall not be lawful for any manufacturer, merchant, shop-keeper, or other person in this State, to sell or expose for sale the product known as oleomargarine without first branding, marking or labeling the same in a legible manner and conspicuous place with the word oleomargarine, so as to be easily observed by persons offering to purchase, and also without first informing the person offering to purchase that the article is oleomargarine. Sale of oleomargarine unlawful without notice, etc. Sec. II. Be it further enacted , That it shall not be lawful for any proprietor, keeper or manager of any hotel, inn, restaurant or house of public entertainment, to furnish, offer or set before, or permit to be offered, furnished or set before his guests the article known as oleomargarine without first putting his guests on notice by posting in conspicuous places in the dining-room, and in all other rooms where the guests of such house are accustomed to take meals, and also in the private rooms of the guests, notices that can be easily observed and read by the guests in the following words: This house uses oleomargarine, and also by printing said notice on their bills of fare when any bills of fare are used by any such house. Proprietors of public houses to notify guests, etc, Notice how given. Sec. III. Be it further enacted , That any person knowingly violating 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. Misdemeanor how punished. 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 21, 1883. Page 125 MAKING IT A FELONY TO SELL, LEASE, RENT, OR OTHERWISE CONVEY LANDS OR THE TIMBER THEREON BY FORGED DEED, ETC., OR TO TAKE POSSESSION OF, ETC., UNDER FORGED TITLE, KNOWING THE FORGERY, ETC. No. 304. An Act making it a felony for any person to sell, lease, rent, or otherwise convey to another any lot or parcel of land or the timber thereon, the title to which is forged, or the grant or any deed or other conveyances thereof is forged, knowing the same to be forged, or for any person to take possession of or occupy or exercise any acts of ownership over any lot or parcel of land or timber thereon, under any grant, deed, bond, lease, or other conveyance which is forged, or any part of the title thereto is forged, knowing the same to be forged; to prescribe a punishment therefor, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That if any person shall sell, lease, rent, or otherwise convey to another, any lot or parcel of land or the timber thereon, the title of which is forged, or the grant or any deed or conveyance thereof is forged, knowing the same to be forged; or if any person shall take possession of or occupy or exercise any acts of ownership over any lot or parcel of land or the timber thereon, under any grant deed, bond, lease, or other conveyance, which is forged, or any part of the title thereof is forged, knowing the same to be forged, such person or persons shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for a term not less than one nor more than five years, in the discretion of the court; provided , that the provisions of this Act shall not apply to any person whose title or possession was acquired by him or those under whom he claims bona fide and without notice of the fact of such forgery. Conveying land by forged title a felony. Taking and controlling land conveyed by forged title a felony. How punished. Knowledge of forgery must be proven. 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 25, 1883. Page 126 REQUIRING ALL PUBLIC OFFICERS TO MAKE, ANNUALLY, AN INVENTORY OF PUBLIC PROPERTY IN THEIR CHARGE; TO TAKE RECEIPTS THEREFOR FROM THEIR SUCCESSORS, AND PROVIDE FOR DISPOSAL OF SUCH PUBLIC PROPERTY AS HAS BECOME UNSERVICEABLE. No. 305. An Act to make it the duty of all public officers of this State to annually make an inventory of all the public property in their charge, and to take a receipt from their successors for the same, and providing for the proper disposal of such of said property as may become unserviceable. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall be the duty of all State and county officers of this State, on or before the fifteenth day of January of each year, to make a complete inventory on oath of all the public property in their charge and to enter the same in a book to be kept for that purpose. Inventory of all public property required annually. Sec. II. Be it further enacted , That when any officer as aforesaid shall vacate his office, he shall take a receipt from his successor for all of said property on hand and turned over to said successor, which receipt shall be entered in said book, and he shall satisfactorily account to the proper authority for the remainder, if any, not turned over to his successor as aforesaid. Shall take receipt of successor and record same. Sec. III. Be it further enacted , That it shall be the duty of every officer as aforesaid, within three months after taking charge of his office, to examine and compare the inventories of his predecessor and to make a report upon the same to the proper authority, especially reporting each article and its value not turned over satisfactorily accounted for as aforesaid. Duty of succeeding officer relating to public property. Sec. IV. Be it further enacted , That when any public property shall become unserviceable, it may be sold or otherwise disposed of, by order of the proper authority, and an entry of the same shall be made in said book, and the money received therefrom shall be paid into the treasury. Unserviceable property may be sold. Proceeds paid into Treasury. Sec. V. Be it further enacted , That the proper authority referred to in this Act is the Governor of the State, for all officers of the State, and the county commissioners, or other officers having charge of county matters, for all officers of the county. Proper Authority as herein used, defined. Sec. VI. Be it further enacted , That the judges of the superior courts of this State shall give this law in charge to the grand juries and direct them to see that said inventories are made, and all property satisfactorily accounted for by the various county officers. Judges shall give this law in charge to Grand Juries, etc. Sec. VII. Be it further enacted , That any public officer as aforesaid, who shall violate any one or more of the provisions of this Act, shall be liable to be ruled by the proper authority, as aforesaid, in the superior courts, in the same manner as the sheriffs of the State, and he shall be subject to an action on his bond for the value of all public property not turned over or satisfactorily accounted for; Page 127 provided , this Act shall not be construed to repeal any existing laws for the recovery of public property, or the value thereof, or for the punishment of any public officer who shall refuse, fail or neglect to turn over or satisfactorily account for the same as aforesaid. Public officer when liable to rule. Existing laws for recovery of public property, etc., not repealed by this Act. Sec. VIII. 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 25, 1883. TO REQUIRE RAILROAD COMPANIES TO EMPLOY SWORN WEIGHERS FOR ALL CARS LOADED FOR TRANSPORTATION OF FREIGHT BY THE CAR LOAD; TO DEFINE HOW SAID WEIGHING SHALL BE DONE, Etc. No. 310. An Act to require railroad companies in this State to employ sworn weighers in the weighing of all cars loaded for transportation of freight by the car load; to define how such weighing shall be done, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever any railroad company in this State shall cause to be weighed any cars loaded with any articles of freight to be shipped and charged for by the car load, said railroad company shall cause such weighing to be done by a sworn weigher, such as is provided under the laws of this State for the weighing of cotton, rice and other produce. Shall cause all freight shipped by car load to be weighed by sworn weigher. Sec. II. When such cars are weighed singly they shall be uncoupled at both ends and be weighed one at a time. How cars are to be uncoupled. Sec. III. When any such railroad company shall transport timber, lumber or other like articles of freight, which from its length laps over from one car on to another car, then such railroad company may cause as many as two or three of such cars so loaded to be weighed together after uncoupling them at both ends from other cars, and in all such instances when two or three cars may be weighed together, the aggregate weight of the freight so loaded by the car load upon said two or three cars shall be averaged so as that each of the said two or three cars shall be charged with an equal amount of the total weight loaded upon the two or three cars, and the shipper be made to pay freight as if each of the two or three cars so weighed together did actually contain an equal portion of the whole load; provided , that in such cases the shipper shall not pay less freight than the amount of freight due on full car loads. How cars loaded with lumber or timber may be weighed. Sec. IV. Be it further enacted , That any railroad company in this State failing, refusing or neglecting to comply with any of the provisions of this Act shall be held liable in an action for damages to be brought in the county v here such weighing is done at the instance of any person aggrieved, and the recovery for each failure so to comply with the provisions of this Act shall be in a sum of not Page 128 less than one hundred dollars nor more than two hundred dollars for each offense. Failure to comply with this Act. 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 25, 1883. TO PREVENT THE SALE OF ADULTERATED FOOD OR DRINKS, EXCEPT ON CERTAIN CONDITIONS, ETC. No. 329. An Act to prohibit the sale or offering for sale in this State, any adulterated article of food or drink, except on certain conditions, and to prescribe a penalty for so doing, and for other purposes. 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, in his own right, or as an agent for another, to willfully and knowingly sell or offer for sale in this State any adulterated article of food or drink, unless the package or vessel containing the same has attached thereto a true and correct analysis of the article or thing therein contained, and notice thereof given to each and every purchaser, when such article or thing may be offered for sale, that the article or thing is adulterated. Sale of adulterated food or drink prohibited, except when analysis is given. Sec. II. And be it further enacted , That any person or persons violating the first section of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as is prescribed in section 4310 of the Code of 1882 of this State. Penalty. Sec. III. Be it further enacted , That it shall be the duty of each and every grand jury in the several counties of this State to diligently inquire into any violation of the first section of this Act, and true presentments make of all violations of the same, and it shall be the duty of the judges of the superior courts in the State to bring this Act to the attention of grand jurors at each term of the court in the several counties of this State for two (2) years next after the passage of this Act. Duty of Grand Juries. Duty of Judges Superior Courts. 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 26, 1883. Page 129 TO PREVENT THE DRIVING OF HORSES, MULES, HOGS, CATTLE, ETC., INTO THIS STATE FOR THE PURPOSE OF GRAZING, AND TO PRESCRIBE A PENALTY. No. 334. An Act to prevent any person from driving any horses, mules, hogs, cattle or other live stock from another State into any county of this State for the purpose of grazing them, and to prescribe a penalty therefor, and for other purposes. 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, either by himself or another, to drive any horses, mules, hogs, cattle or other live stock from another State into any county of this State for the purpose of grazing the same, or, after having driven the same into any county of this State, shall permit them to graze or run at large in any marsh or forest range in any county of this State; provided , that the provisions of this Act shall not prevent persons owning lands in this State from driving or permitting the driving of such stock to their own premises there to be kept. Prohibiting the driving of stock into this State for grazing. Sec. II. Be it further enacted by the authority aforesaid , That any person violating any of the provisions of the first section of this Act shall be guilty of a misdemeanor, and, on conviction, be punished as is prescribed in section 4310 of the Revised Code of this State. Penalty. 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 26, 1883. TO PROVIDE FOR PAYMENT OF ADVERTISING AND POSTING NOTICES OF ORDINARIES UNDER SECTION 1455 OF CODE OF 1882. No. 338. An Act to provide for the payment of advertising and positing the notices required of ordinaries of the several counties of this State by section 1455 of the Code of 1882. 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 the duty of the several ordinaries of this State to publish and post notices of the filing of a petition of freeholders for an election upon the question of fence or no fence, as provided for in section 1455 of the Page 130 Code of 1882, until there shall be deposited with such ordinary an amount sufficient to pay the legal cost of said advertisement and the actual cost of posting said notices. Deposit of costs of advertising and posting certain notices required. Sec. II. And be it further enacted by the authority aforesaid , That the cost of publishing and posting the notices required by said section 1455, after the election has been had, shall be paid out of the county treasury of such county as other county expenses are now paid. Expenses of publishing and posting notices after election. Sec. III. 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 26, 1883. MAKING IT UNLAWFUL TO SELL OR FURNISH INTOXICATING LIQUORS TO HABITUAL DRUNKARDS UPON PROPER NOTICE GIVEN; TO PRESCRIBE A PENALTY, ETC. No. 351. An Act to make it unlawful for any person to sell or furnish spirituous, malt or intoxicating liquors to habitual drunkards upon proper notice given; to prescribe a penalty for a violation of the same, and for other purposes. 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 to sell or furnish any spirituous, malt or intoxicating liquors of any kind, in any quantity, to any habitual drunkard personally known to him, of whose intemperate habits such person has been notified in writing, protesting against the selling or furnishing such intoxicating liquors by the wife, father, mother, brother or sister of such drunkard. Unlawful to furnish to habitual drunkard with knowledge of his habits and notice not to sell or furnish. 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 1882. Penalty. 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 26, 1883. Page 131 GIVING TO THE OWNERS OR KEEPERS OF STALLIONS, JACKS AND BULLS A LIEN ON THE GET OF THE SAME. No. 352. An Act giving to owners or keepers of stallions, jacks and bulls a lien upon the get of such stallion, jack or bull, and providing for the enforcement thereof. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the owner or keeper of any stallion, jack or blooded or imported bull in this State shall have a lien upon the get thereof for the service of such stallion, jack or blooded or imported bull for the period of one year from the birth of such get, which lien shall be superior to all other liens, except liens for taxes; provided , the fee for such service is not paid within said time; provided , the lien herein provided for shall not become operative unless the same be recorded in the office of the clerk of the superior court of the county wherein the owner of the mother resides within thirty days after the performance of the service, and said clerks shall keep a book in which all such liens are to be recorded, and said clerks shall receive twenty-five cents each for recording such liens. Lien of owners or keepers good for twelve months on said gets from birth of same Sec. II. Be it further enacted , That the liens provided for in the preceding section shall be enforced in the manner prescribed in section 1991 of the Code of 1882 of this State, providing for the enforcement of liens on personal property. Liens, how enforced. 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 26, 1883. TO PREVENT DISCHARGE OF FIRE-ARMS ON AND NEAR PUBLIC HIGHWAYS. No. 378. An Act to prevent the discharge of fire-arms on the public highways of this State and within fifty yards of the same; to make such an act a misdemeanor, and prescribe a punishment therefor. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, it shall be unlawful for any person between dark and daylight willfully and wantonly to fire off or discharge any loaded gun or pistol on any of the public highways in this State, and within fifty yards of any such public highway, except in defense of person or property or on his own premises. Discharge of fire-arms when and where unlawful. Page 132 Sec. II. Be it further enacted by the authority aforesaid , That any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall be punished as is prescribed in section 4310 of the Code of Georgia as other misdemeanors are punished. How punished. 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 27, 1883. TO MAKE THE BREAKING AND ENTERING A RAILROAD CAR WITH INTENT TO STEAL OR STEALING THEREFROM A FELONY, AND TO PRESCRIBE A PENALTY. No. 382. An Act to make the breaking and entering a railroad car with intent to steal or stealing therefrom a felony, and prescribe a penalty therefor. 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, any person who shall break and enter any railroad car with intent to steal any goods, wares, freight, or other thing of value being therein, or who shall, after breaking, steal therefrom any goods, freight, or other thing of value being therein, shall be guilty of a felony, and, upon conviction thereof, be punished by confinement in the penitentiary of the State for a term not less than one nor more than five years. Breaking and enterng railroad car with intent to steal, or stealing therefrom made a felony. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the sam are hereby repealed. How punished. Approved September 27, 1883. TO PROVIDE BY INSURANCE AGAINST LOSS OF CERTAIN BOOKS BY FIRE. No. 387. An Act to provide against loss by fire of certain books, the property of the State, in the hands of certain county officers in the different counties of this State, and to provide for the payment of premium and collection of any losses that may be sustained. 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 the duty of the officer or officers having charge of the financial affairs of each county of this State to keep insured at a fair valuation against loss by fire all Page 133 volumes of the public laws and decisions of the Supreme Court which have been furnished to the ordinaries and clerks of the superior courts of their respective counties. Financial agent of each county shall insure the Public Laws and Reports of Supreme Court. Sec. II. Be it further enacted by the authority aforesaid , That the policies of insurance shall be taken out in the name of the county and the premiums therefor paid out of the finances of each county respectively, where such books are kept, and in case of any loss or damage by fire to the property insured, the county authorities shall proceed to collect the amount of loss or policy, and when so collected the proceeds thereof shall be used by the county authorities in supplying new books of the same kind lost or injured to the county where such loss was sustained as far as such proceeds may be sufficient. Policies to be taken out in name of County. 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 27, 1883. AMENDATORY OF AN ACT CREATING RAILROAD COMMISSIONERS FOR THE STATE OF GEORGIA, ETC. No. 406. An Act to amend an Act creating railroad commissioners for the State of Georgia, and defining the powers of the same, as prescribed in section 719 (f) of the Code of 1882. Section I. Be it enacted by the General Assembly of the State of Georgia , That the 719th (f) section of the Code of 1882 of this State be amended by striking out the words four successive weeks, after the word for, in the sixteenth line of said section, and insert in lieu thereof one time , and after the word State, in the eighteenth line, insert and at a rate not to exceed fifty cents per square of usual advertising space; when less than a column is occupied, not more than twelve dollars per column, when so much space as a column is occupied by inserting any schedule or change of any schedule, so that said newspaper shall not charge for such advertising any rate in excess of that allowed for county legal advertising, so that said section shall read, when so amended, when any schedule shall have been made or revised as aforesaid, it shall be the duty of said commissioners to cause publication thereof to be made for one time in some public newspaper published in the cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome, Columbus, in this State, at a rate not to exceed fifty cents per square of usual advertising space when less than a column is occupied, or more than twelve dollars per column when as much space as a column or more is occupied by inserting said schedule or change of any schedule, so that said newspaper shall not charge for such advertising any rate Page 134 in excess of that allowed for county legal advertising; and after the same shall be so published, it shall be the duty of all such railroad companies to post at all their respective stations, in a conspicuous place, a copy of said schedule for the protection of the people; provided , that the schedule thus prepared and published as aforesaid for all the railroad companies now organized under the laws of this State or that may be organized at the time of said publication; provided , that when any rate or change is made by the commissioners that affects only one road or roads in a particular locality, the insertion need only be made in the paper published in one of the cities named nearest where the change is made. Changing requirements as to advertising. Fixing rates for advertising. In what places advertising t be done. Railroad companies must post changes of schedule. Advertising, how done when rate affects particular locality. 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 27, 1883. COLLECTION OF TOLL ON TURNPIKE ROADS REGULATED. No. 411. An Act to make it unlawful for any owner or owners of any turnpike road, or keeper of any toll-gate upon any turnpike road in this State, to demand or collect toll from any person for traveling over such road when it is not repaired, so as to comply with the terms of its charter, and to provide punishment therefor. 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 owner or owners of any turnpike road, or keeper of any toll-gate upon any turnpike road in this State, to demand or collect toll from any person for traveling over such road when it is not kept repaired, so as to comply with the terms of its charter. Toll on turnpike roads not to be collected unless kept in good repair. Sec. II. Be it enacted by the authority aforesaid , That any person so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined or imprisoned, or both, in the discretion of the court, the fine not to exceed one hundred dollars, and imprisonment not to exceed fifty days. 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 27, 1883. Page 135 MAKING STERN'S UNITED STATES CALENDAR COMPETENT EVIDENCE AS TO DATES IN THE COURTS OF THIS STATE. No. 415. An Act to make Stern's United States Calendar competent evidence as to dates in the courts of the State of Georgia. Whereas, J. Stern, a citizen of Georgia, has compiled and published certain tables, known as Stern's United States Calendar, thus perfecting a complete and accurate calendar of dates, covering the space of two hundred years, from 1770 to 1970, a work which will prove eminently useful in all legal investigations in the establishment of dates: Section I. Therefore be it enacted by the General Assembly of the State of Georgia , That said Stern's United States Calendar shall, after the passage of this Act, be held and considered as competent evidence in all the courts of this State as to dates during the space of time covered thereby, without further proof, and as such shall be admissible in the trial of any cause at law or in equity. Competent evidence as to dates. Admissible in any trial. Sec. II. 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 27, 1883. TO AMEND THE FIRST SECTION OF AN ACT TO PROVIDE A GENERAL LAW FOR THE INCORPORATION OF RAILROADS, AND REGULATE THE SAME. APPROVED SEPTEMBER 27, 1881. No. 423. An Act to amend the first section of an Act to provide a general law for the incorporation of railroads, and to regulate the same; approved, September 27, 1881. Section I. Be it enacted by the General Assembly of the State of Georgia , That the first section of the above related Act be so altered and amended as to read as follows: That any number of persons, not less than three, may form a company, and shall give at least thirty days' notice of the formation of the same, as required by the sixteenth paragraph of the seventh section of the third article of the Constitution of this State, and of their intention to apply for a charter, and the objects and purposes of the same, which notice shall be published in every county through which said railroad is to be constructed, Page 136 by one insertion in the newspaper where the sheriff's advertisements for the respective counties are published, and by posting at the court-house door of the several counties for thirty days, 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 affidavit 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, upon the filing of such articles of association and affidavits, and a certificate from the ordinary, county judge or clerk of the superior court of each county through which said road is to be constructed, that notice of the application for such charter has been duly advertised in said county, shall 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: Company, how composed. Notice, where published, and in what manner. Articles of Association, how subscribed, etc. FORM OF CERTIFICATE. To all 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 from to 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, this day of 18. Form of certificate, Page 137 And thereupon, the persons who have subscribed such articles of association, and all persons who shall become stockholders in said 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. Shall be a corporation. 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 28, 1883. REQUIRING THE STOPPING OF ALL TRAINS WITHIN FIFTY FEET OF ALL RAILROAD CROSSINGS, AND PRESCRIBE A PENALTY FOR VIOLATION OF THIS ACT. No. 435. An Act to compel all persons who may drive engines, and conductors who may be in charge of trains, to cause the trains which they respectfully drive, or conduct, to come to a full stop within fifty feet of all railroad crossings, and to prescribe a punishment for a violation of this Act. Section I. Be it enacted by the General Assembly of Georgia , That whenever the tracks of separate and independent railroads cross each other, in this State, all engine-drivers and conductors must cause the trains which they respectively drive and conduct to come to a full stop within fifty feet of the place of crossing, and then to move forward slowly. The train of the road first constructed and put in operation shall have the privilege of crossing first. Must come to a full stop within fifty yards of each crossing. Sec. II. Be it further enacted , That all persons violating the provisions of this Act shall be guilty of a misdemeanor and be punished, on conviction thereof, as is prescribed in section 4310 of the Code of 1882. 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 28, 1883. Page 138 TO AMEND AN ACT TO ESTABLISH STATE DEPOSITORIES, APPROVED OCTOBER 16, 1879. No. 437. An Act to amend an Act to establish State Depositories, approved October 16, 1879, so as to provide for renewal of the appointments of State Dpeositories, and for filling vacancies; to enlarge the power of the Governor and Treasurer over such depositories, and regulate the taking of bonds and sureties thereto, 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, whenever, from any cause, the State Depositories, authorized by the Act, approved October 16, 1879, in any of the localities therein mentioned, shall cease to operate, either because of the expiration of the time for which the appointment was made, or for any other cause, then, and in that event, it shall be the duty of the Governor to make another appointment, either to fill out the unexpired term or to enter upon a new term of four years, as the case may be. Said newly appointed depository shall have all the powers, perform all the duties, and be subject to all the liabilities prescribed in the Act aforesaid, and shall furnish a like bond in which each of the sureties shall bind themselves for the entire amount of the bond. In selecting any depository provided for by this Act, or the Act of which this is amendatory, the Governor shall not be confined to banks chartered by the State, but may, if he deem it best, select any bank chartered under the National Bank of the United States doing business in this State. When Governor may appoint new depositories. Sec. II. Be it further enacted , That it shall be the duty of the Treasurer to keep advised, and to keep the Governor advised, from time to time, of the financial condition of the various State depositories, as well as of the financial condition and standing of the securities on the bonds of such depositories, and if at any time they should become satisfied of the insolvency of any of the depositories, or that the affairs of any of said depositories are in an embarrassed condition, then, and in that event, it shall be the duty of the Governor to direct the Treasurer to withdraw the money of the State from such depository, and the Governor may declare the position vacant and may proceed to appoint another bank in the same locality to act as such depository for the unexpired term under the rules and regulations prescribed by law. In case the Governor should be advised of the insolvency of the securities on the bond of any of said depositories it shall be his duty to notify such depository to strengthen said bond, and if at the end of ten days said bond is not strengthened, the Governor shall declare said office vacant, and proceed to fill the same by new appointment. Treasurer to keep advised and to advise the Governor of financial condition of State depositories. Sec. III. Be it further enacted , That any surety on the bond of a State depository desiring to be relieved from said bond may give Page 139 notice in writing to the Governor of such desire, with the reasons therefor, and the Governor shall have authority, in his discretion, to relieve such surety; provided , the consent of the co-sureties be first obtained in writing; and provided, further , that the principal will furnish a new surety to take the place of the surety relieved, and who will assume all his liabilities for past and future transactions. Sureties, how relieved. 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 28, 1883. WIRE FENCES MADE LAWFUL. No. 440. An Act to define and make lawful wire fences 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, the following enclosures shall be deemed and held to be lawful fences, and shall entitle the persons whose lands are so enclosed to the same protection and remedies that they would be entitled to have if their lands were enclosed in accordance to the now existing laws of this State on the subject of lawful fences, to-wit: Any enclosure made by tightly stretching not less than six horizontal strands of barbed wirethe first wire to be not more than four and one-half nor less than three and onehalf inches from the ground; the second wire to be not more than nine and one-half nor less than eight and one-half inches from the ground; the third wire not more than fifteen and one-half nor less than fourteen and one-half inches from the ground; the fourth wire not more than twenty-two and one-half nor less than twenty-one and one-half inches from the ground; the fifth wire not more than thirty-two inches and not less than thirty-one inches of the ground; the sixth wire not over fifty-five nor less than fifty-three inches from the ground. These wires shall be secured by means of posts not over ten feet apart, and every alternate post shall be securely set in the ground; provided , a plank not less than ten inches wide shall be used instead of two strands of wire at bottom of fence. Certain wire fences made lawful fences. Sec. II. Be it further enacted by the authority aforesaid , That on all wire fences erected in this State, it shall be the duty of the owners of the land, or persons erecting such fences, to have placed at an equal distance between the two top wires a railing, which shall an swer the same purpose as a wire, said railing to extend from one post to another along such fence before such fence shall be deemed and held to be a lawful fence. Railing be placed between two top wires. 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 28, 1883. Page 140 TO MAKE ILLEGAL VOTING AT MUNICIPAL ELECTIONS INDICTABLE, AND PRESCRIBE A PENALTY. No. 447. An Act to make illegal voting at municipal elections in this State indictable, and to prescribe 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, any person who shall vote illegally at any municipal election in this State may be indicted therefor, and, on conviction therefor, shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting at municipal elections indictable. How punished. 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 26, 1883. TO AMEND THE ROAD LAWS OF THIS STATE. No. 448. An Act to provide an additional system of working public roads in this State; to appoint a board of commissioners for the several counties; to define their powers and duties, and to authorize the payment of a commutation tax in lieu of road working, 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 grand jurors of any county in this State, desiring to adopt the system provided for in this Act of working the public roads in their counties, shall, after a vote of two-thirds of one grand jury, elect five commissioners of roads who shall serve for four years, their successors to be elected by the grand jury next preceding the expiration of their term of office; provided , that in any county now having a board of commissioners of roads, and revenues, said board, upon the recommendation of said grand jury, proceed to perform the duties hereinafter provided; provided further, that after trying the system herein provided for at least two years, the said board may, upon the recommendation of the grand jury of the county, abandon said system and return to the system of road laws heretofore in force; and provided further, that in those counties having a board of road commissioners under local law, different from the commissioners of roads and revenues, then such board of road commissioners shall constitute the commissioners to perform the duties herein provided for. Two-thirds of one Grand Jury may adopt for their county. Commissioners, how appointed, Sec. II. Be it further enacted, etc. , That said board shall have exclusive jurisdiction over the roads and bridges of their respective Page 141 counties in altering, establishing and abolishing all roads in conformity to law; also in the classification of the public roads as well as all other matters pertaining to roads; shall hold their sessions quarterly at the court-houses of their counties on the first Tuesdays in January, April, July and October in each year, and oftener if necessary. The chairman, to be elected by the board, may represent the board in such matters, and under such regulations as the board may prescribe, when not in session. Board shall have exclusive jurisdiction over roads and bridges in their counties. Sec. III. Be it further enacted, etc. , That said boards shall, at their first session, elect a superintendent of roads for their respective counties at such salary and upon such terms as they may see proper and agree upon, whose terms of office shall be four years, subject to removal by the board, and superintendent shall give bond, payable to said board and their successors in office, in such amount, with good security, as said board may fix, and perform all the duties that may be required of him by said board in conformity with this Act and the law of this State as to roads and bridges, and any failure on the part of said superintendent to perform the duties of his office shall be a breach of his said bond and shall authorize a suit to be brought thereon; the money shall go to the road fund of the county to be used as such, and shall also authorize his removal by said board. Board shall elect at first meeting a Superintendent of roads. Sec. IV. Be it further enacted by the authority aforesaid , That all male inhabitants in this State over sixteen and under fifty years of age shall be subject to road duty, unless from permanent physical disability they shall be unable to work, of which the board shall judge, and all persons subject to road duty shall work the number of days assessed by the board, under the control and direction of the superintendent of roads, or such persons as he may appoint to aid him in having the roads worked; provided , that each person subject to road duty under this Act shall have the choice of paying to the superintendent fifty cents for each day assessed, annually, instead of performing said labor as hereinafter provided, which fund shall be used as a road fund, in working the public roads of the county, and a failure to perform said labor, or to pay said sum, shall be a contempt, and for which the board of commissioners, through their chairman, shall issue a warrant against such defaulter and place the same in the hands of the superintendent of roads, or any lawful constable of the county, who shall arrest said defaulters and cause them to work upon the public roads double the time assessed, or pay one dollar per day for each day assessed, or be imprisoned in the jail of said county for not less than five nor longer than ten days. All persons physically unable to perform road duty, to be exempt must apply to the board and secure a temporary or permanent exemption, as the board may see fit to grant; provided , permanent physical disability shall authorize an exemption from road duty, and a presentation of an exemption from the board shall be accepted by the superintendent of roads. Who liable to road duty. Sec. V. Be it further enacted by the authority aforesaid , That the board of commissioners in and for each county shall elect one of their number treasurer, and shall require him to give to said board Page 142 good and sufficient bond and security for his faithful discharge of duty; and shall, at the beginning of each year, assess the number of days' labor, not exceeding ten days, for each person subject to road duty, necessary to keep the public roads in their respective counties in good repair, as herein required; and said board shall furnish to the superintendents suitable books, and require them, at the beginning of each year, to perfect a list of all persons subject to road duty under this Act by militia districts, and all persons subject to said duty, and preferring so to do, may pay to the superintendent, while making said list, fifty cents for each day so assessed against them instead of working upon said roads, the superintendent giving his receipt to all thus paying, and shall, as fast as he receives such money, pay the same to the treasurer of the board, taking his receipt for the same. Treasurer of Board, his duties, bond, etc. Sec. VI. Be it further enacted by the authority aforesaid , That said board shall, from the funds they may have, furnish the superintendent with such wagons, carts, tools and implements, also the necessary teams as may be required to properly work and keep in repair the public roads. Said board shall authorize the superintendent to hire, at a price to be fixed by them, sufficient labor when necessary to work the public roads, the same to be paid out of the road fund. Said board shall have the right, and are hereby empowered to demand and receive all persons convicted in their respective counties of any offense below a felony, and cause such persons to be worked on the public roads under such regulations as they may prescribe, the same being humane and reasonable, and are authorized in their discretion to hire convicts from other counties to be worked upon the public roads. Board to furnish Superintendent such wagons, carts, implements, etc, as may be needed Sec. VII. Be it further enacted by the authority aforesaid , That as soon as the said superintendent has perfected the list, as herein-before provided, he shall furnish said board of commissioners with a list showing the names of each person in the county subject to road duty under this Act, giving the militia district in which such person resides, which list shall show the names of all those who may have paid to said superintendent the amount of commutation tax assessed by said board, and as soon as the lists aforesaid shall have been furnished to the county board, it shall be their duty to turn over to the road commissioners of each district of said county, to be appointed as hereinafter provided, a list of such persons residing in their respective districts, who are subject to road duty and who have not paid the commutation tax, and it shall be the duty of said district commissioners to justly apportion and assign such persons to work on the roads of said district, keeping in view, as nearly as can be, the proximity and convenience of such persons to the roads to which they may be assigned, and shall furnish to the superintendent a list of the apportionment so made, showing the names of the hands and the road or roads to which they may have been assigned. Superintendent shall furnish to Board a complete list of all persons subject to road duty in each militia district. Sec. VIII. Be it further enacted by the authority aforesaid , That it shall be the duty of the county boards of roads, at their first meeting or as soon thereafter as practicable, to select and appoint in each Page 143 militia district of the county three discreet and proper men as district road commissioners, whose duty it shall be, in addition to that provided for in the foregoing section, to examine from time to time the condition of the roads in their districts, and the manner in which they are being worked, and to report to the county board from time to time any dereliction of duty on the part of the superintendent or any one appointed by him, or working of any of the roads of their districts; and said commissioners shall, when required by the county board, perform the duties in altering or establishing public roads as is now provided for in section six hundred and four (604) of the Code of 1882, except that the report provided for in said section shall be made to the county board instead of the ordinary. The persons appointed and acting as district road commissioners shall not be liable to perform any road duty or pay any commutation tax during the term they may serve on such commissions. District Commissioners, how appointed. District Commissioners exempt from road duty. Sec. IX. Be it further enacted by the authority aforesaid , That the county board shall have the right to designate what roads shall be first worked, or what portion of any road, and it shall be the duty of the superintendent, after perfecting the list of road hands as before provided, and as soon as the boards of the respective counties may deem proper, to proceed to have the public roads of their counties worked in accordance with the requirement of this Act, and shall summons, or cause to be summoned, at least one day before working, each person subject to road duty, and whose name shall be on the list furnished him by the district commissioners as aforesaid; if absent from home, by leaving a written summons, and cause such persons to work on the public road to which they may have been assigned, and under his direction or such person as he may appoint to superintend such working, and if any person or persons, by idleness or otherwise, fails or refuses to perform such work as the superintendent may require, except from providential cause, it is hereby made the duty of the superintendent to report such person or persons to the county board, who shall, after investigation and notice to said parties, cause them to work at least double the time first assessed or pay one dollar per day for the time assessed, and on failure to do either, shall cause such party or parties to be imprisoned by the superintendent in the jail of said county for a term not less than five nor longer than twenty days. The summons to work, as before provided in this section, shall designate the time and place of meeting, the road to be worked and the tools required; provided, however , any person may exempt himself from such work ing after being summoned and before working by paying to the superintendent fifty cents for each day he has been assessed to work as aforesaid, which amount so paid shall be by said superintendent paid to the treasurer, as hereinbefore provided in this Act, to be used in working the public roads of said county and district. All moneys paid out by the treasurer to the superintendent or other person shall be on the order of the county board, and a record kept by said treasurer of all money received and disbursed. County Board may designate what roads shall be worked first. Sec. X. Be it further enacted by the authority aforesaid , That all Page 144 first-class public roads in this State shall have sixteen feet good wagon or carriage way, drawn up to the centre in an oval shape, with no obstructions on said road-bed or over said roads, nor shall any dead or decayed timber be left standing within one hundred feet of either side of the roads, and all causeways or bridges, not public as now fixed by law, shall be so constructed and kept in good repair, so as to have no mud holes or sinks, and as soon as the board of commissioners think the assessment should be made sufficient, then the hills shall be graded down to a reasonable grade, and from year to year and as rapidly as possible, in the sound discretion of the board, the public roads shall be brought to perfect order and grade; provided , the requirements in this section shall not be required as to oval shape and width where mountains or other physical impossibilities exist, nor shall the oval shape be required on flat sandy lands that do not wash or mire, and said superintendents of roads are authorized to make use of such timbers as may be necessary in constructing causeways or bridges and pay a reasonable price for the same, subject to a reference to the board of commissioners if price tendered should be objected to by owner of such timber, whose judgment shall be final. Description of first class roads. Exceptions as to oval shape or width. Sec. XI. Be it further enacted by the authority aforesaid , That all roads shall be measured commencing at the court-house and mile posts erected and signboards placed at all cross roads or forks. Roads to be measured and posted from Court House. Sec. XII. Be it further enacted , That if any person shall obstruct any public road, unless by consent of the board of commissioners, he shall be guilty of contempt, and on conviction shall be punished by said commissioners by a fine not exceeding one hundred dollars and shall work on the public roads not exceeding thirty days; either one or both these punishments may be inflicted in the discretion of the commissioners. Signboards to be placed at cross roads and forks. Sec. XIII. Be it further enacted by the authority aforesaid , That when any person shall feel aggrieved by any road proposed to be laid out through his or her land, he or she may complain to the board of commissioners, who shall carefully consider such complaints, and if not clearly for the public good or to surround some objectionable hill or mountain, shall order the superintendent to desist, and said boards shall hear all complaints by or from the people as against the superintendent of roads and determine the same, and their judgment shall be final, unless the amount of damages claimed should be over one hundred dollars, then an appeal to the superior court shall be allowed, the solicitor representing the board without fee. Objections to making new roads, how heard and decided. Sec. XIV. Be it further enacted by the authority aforesaid , That nothing in this Act shall be construed as repealing the laws now of force in this State for working public roads, but is hereby declared to be an additional system of working public roads in this State, and it shall be optional with the county boards to adopt either mode of working the public roads of their respective counties. Nor shall this Act interfere with any municipal system of any city or town in this State, nor with any local law of force in any county of this State on the subject of working roads, but is declared to be an additional Page 145 system for any such county; provided, however , that no person shall be exempt from road duty in this State, under this or any other road law of this State, except such as are exempt by this Act. Act does not repeat present laws, but is an additional system. No one exempt except by this Act. Sec. XV. Be it further enacted by the authority aforesaid , That the grand jury may fix the compensation, if any be allowed, of road commissioners in and for the several counties, and if no compensation be allowed by the grand juries of the several counties or any one of them, then the commissioners receiving no compensation shall be free from road and jury duty, and any board of commissioners in any county of this State, failing to do their duty, shall, if presented by the grand jury of their respective counties, be fined by the judge of the superior courts not exceeding fifty dollars or imprisonment for three months in county jail, and it shall be the duty of each grand jury in this State at the spring session to inquire into the condition of all public roads and truthfully report the same in their general presentments. Grand Jury may fix compensation of road Commissioners. 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 28, 1883. TO COMPEL CONNECTING RAILROAD COMPANIES TO RECEIVE FROM EACH OTHER ALL FREIGHTS TENDERED IN CARS. No. 454. An Act to compel connecting railroad companies in this State to receive from connecting roads all freights when tendered in cars, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, all railroad companies in this State shall, at the terminus or any intermediate point, be required to receive from the connecting road having the same gauge when offered, all cars containing goods or freights consigned to any point on the road to which the same is offered, and to transport the said cars to their destination with reasonable diligence, and any failure or refusal of any connecting railroad company to comply with this requirement shall give to the consignee, shipper or owner of said goods and freight a right of action against the company so refusing, and the damages received in such action shall not be less than ten per cent. nor more than twenty-five per cent. of the value of the goods so refused to be received. Required to receive all freight in cars from connecting roads of same gauge and to transport the same, etc. Sec. II. 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 28, 1883. Page 146 TO AMEND AN ACT ESTABLISHING A BOARD OF PHARMACEUTICAL EXAMINERS, AND FOR OTHER PURPOSES. No. 457. An Act to amend an Act entitled an Act to establish a board of pharmaceutical 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, approved September 29, 1881, so as to require said board to grant license to physicians who were practicing medicine prior to the first of January, 1847. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the above recited Act shall be amended as follows: In the fifth section of said Act, after the words, to physicians who are graduates of a regular medicinal college, and who shall exhibit their diplomas to said board, the following words shall be added, to-wit: and to physicians who were practicing medicine prior to the first of January, 1847, who shall produce satisfactory evidence that they were so practicing, so that said clause shall read as follows: To physicians who are graduates of a regular medicinal college, and who shall exhibit their diplomas to said board, and to physicians who were practicing medicine prior to the first of January, 1847, who shall produce satisfactory evidence that they were so practicing. Physicians practicing prior to 1st January, 1847, entitled to license. 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 28, 1883. TO PROVIDE FOR KILLING STOCK THAT IS RENDERED VALUELESS BY INJURIES FROM RAILROAD TRAINS. No. 460. An Act to provide means for putting to death live stock that become valueless on account of injuries received from railroad trains, 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, when any live stock of any person is so injured by the locomotives, cars, or other machinery of any railroad company in this State, as to become valueless for ordinary uses, it shall and may be lawful for the owner of said live stock to procure the attendance of two disinterested persons to examine said live stock, and if said persons determine the Page 147 injury to be of such character as renders the stock valueless to the owner for the purpose for which said owner kept said stock, then the owner may put said stock to death, or procure it to be done, without impairing in any way his right to recover damages from the company inflicting the injury upon his said stock. Live stock rendered useless by cars, etc., may be killed by owner. Sec. II. Be it further enacted by the authority aforesaid , That nothing in the first section of this Act contained shall be construed to prevent the authorities of any railroad company inflicting serious injury of the character named in said first section from putting live stock so injured to death. Right of railroad company to kill injured stock continues. Sec. III. 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 28, 1883. CATTLE DRIVING FROM INFECTED LOCALITIES. No. 466. An Act to prevent the driving of cattle from localities infested with distemper or infectious diseases, and to fix 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, any person or persons, who shall willfully and knowingly drive or move, for the purpose of grazing, any cattle from any locality infected with any distemper or infectious diseases to any place or places in this State where cattle are not liable to have said diseases (unless associated with cattle from localities infected with distemper or infectious diseases, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section forty-three hundred and ten (4310) of the Code of Georgia. Cattle driving from infected localities prohibited. 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 28, 1883. Page 148 TO MAKE RE-RECORDING DEEDS AND OTHER INSTRUMENTS BY CLERKS OF THE SUPERIOR COURT VALID IN CERTAIN CASES. No. 472. An Act to make it legal and valid for any clerk of the superior court in this State to record the second time any deeds or mortgages, or other instruments of record and the certificate of record when the record of such deeds, etc., are lost or destroyed by fire, and to make such re-recording as legal and valid as the first recording would have been, 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 lawful for all clerks of the superior courts in this State to record the second time any deeds, mortgages or other instrument of record, and the certificate of record when the record of such deeds, mortgages or other instrument of record is lost or destroyed by fire, and such re-recording shall be as legal and valid as the first recording had said records not been destroyed or lost, to take effect from the date of the first record; provided , the second record is within twelve months after the loss or destruction of the first, or from the passage of this Act. When deeds, mortgages, etc., may be re-recorded. 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 28, 1883. REQUIRING RAILROAD COMPANIES TO FILE COPIES OF THEIR CHARTERS, AND THE AMENDMENTS, Etc., THERETO, WITH THE SECRETARY OF STATE, Etc. No. 488. An Act to require all railroad companies doing business in this State to file with the Secretary of State, within twenty days after notification from the Governor, a full and complete copy of the charter, and all amendments thereto under which they operate, and the names of their then president, vice-president, secretary and treasurer, 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 the duty of the Governor to notify by proclamation, to be published in the public gazettes of this State as other proclamations are published, all railroad companies, both steam and horse car, doing business in Page 149 that State at this time, or that may hereafter commence the operation of any railroad in this State, to file with the Secretary of State a true and complete copy of the charter, and all amendments thereto under which they are doing business, and also the names of the then president, vice-president, secretary and treasurer of their corporation within twenty days after such notification. Governor to give notice, etc. Sec. II. Be it further enacted , That in the event any railroad company shall fail or refuse to comply with the provisions of this Act, it shall be the duty of the Comptroller-General to issue execution forthwith against the property of such deliquent corporation for the sum of $500.00 as a penalty for such failure or refusal, and for every twenty days after the first twenty, execution in the sum aforesaid shall likewise issue until the provisions of this Act are fully complied with. Proceedings against company's failing to comply. 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 October 1, 1883. Page 150 TITLE XI. SUPERIOR COURTS. ACTS. Changing the terms of Twiggs Superior Court. Changing the terms of Macon Superior Court. Transferring county of Laurens from the Oconee to the Ocmulgee Judicial Circuit. Changing the terms of superior court of Banks and Franklin. Changing the term of Crawford Superior Court. Grand jury for Randolph Superior Court. Changing term of superior courts of Fayette and Heard. Grand jury for Meriwether Superior Court. Grand jury for Mitchell Superior Court. Calendar for Northeastern Judicial Circuit. Terms of Calhoun Superior Court changed. Changing terms of Pickens Superior Court. Grand and traverse jurors for Laurens Superior Court. Terms of and juries for Washington Superior Court. Changing terms of superior courts of Bulloch, Emanuel and Screven. Grand jury for Polk Superior Court. Changing terms of Laurens Superior Court. Changing terms of Clayton Superior Court. Grand jury for Dooly Superior Court. Changing terms of Douglas Superior Court. Changing term of superior courts of Gilmer, Cobb and Fannin. Fall term of Cherokee Superior Court changed. TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURT FOR TWIGGS COUNTY. No. 8. An Act to change the time of holding the superior court of Twiggs county. Section 1. 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 Twiggs county shall be changed from the first Monday in March and September to the second Monday in April and October, of each year. Terms of Court changed. Page 151 Sec. II. Be it further enacted , That all bills, writs and processes returnable to the terms as now fixed by law shall be returnable to the terms as fixed by this Act, and all jurors and witnesses summoned to said court shall attend at the terms as herein provided. Processes, etc., how 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 8, 1882. TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURTS OF THE COUNTY OF MACON, Etc. No. 11. An Act to change the time of holding the superior courts of the county of Macon, to provide for two weeks terms of said court; to provide for the drawing of juries, 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 times of holding the superior courts of Macon county shall be on the second Monday in May and the fourth Monday in November, instead of the third Monday in June and the first Monday in December, as now provided by law. Terms of Court changed. Sec. II. Be it further enacted , That the terms of said court, as fixed by this Act, shall be for two weeks at each term, and panels of grand and traverse jurors shall be drawn for each week of said two week terms of said court; and if no jurors should be drawn for the second week of the first term of said court held next after the passage of this Act, then the jurors drawn and empaneled for the first week of said term of said court shall also serve as jurors for the second week of said first term of said court. Terms lengthened. Jurors how drawn. Sec. III. Be it further enacted , That all writs, suits, processes, orders, summonses, and other proceedings returnable to said court prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed, and the jurors drawn for the terms of said court, as were prescribed prior to the passage of this Act, shall be required to attend and serve for the terms prescribed and designated by this Act. Writs, etc., how returnable. 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 December 8, 1882. Page 152 TO TRANSFER THE COUNTY OF LAURENS TO OCMULGEE JUDICIAL CIRCUIT. No. 15. An Act to transfer the county of Laurens from the Oconee circuit to the Ocmulgee 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 Laurens; now included within the Oconee judicial circuit, be, and the same is hereby transferred to and made a part of the Ocmulgee judicial circuit in this State. Laurens county transferred to Ocmulgee 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 9, 1882. TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURT FOR THE COUNTIES OF BANKS AND FRANKLIN. No. 38. An Act to change the time of holding the superior courts for the counties of Banks and Franklin in the Western judicial circuit, 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 from and after the passage of this Act, the superior court for the counties of Banks and Franklin, in the Western judicial circuit, shall be held at the times following, to-wit: Terms changed. The county of Banks on the third Mondays in March and September. The county of Franklin on the fourth Mondays in March and September. Sec. II. Be it further enacted , That all writs, bills, subp[UNK]nas and other processes heretofore made returnable to either of said courts and not now disposed of, and all writs, bills, subp[UNK]nas and other processes hereafter filed to said courts, shall be returnable to the terms herein fixed. Writs, etc., how returnable. 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 December 9, 1882. Page 153 TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURT OF CRAWFORD COUNTY. No. 29. An Act to change the time of holding the superior court of Crawford county, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, the time of holding the superior court of Crawford county shall be changed from the fourth Mondays in March and September to the third Mondays in March and September of each year. Term changed. Sec. II. Be it further enacted by the authority aforesaid , That all writs, processes, summonses, orders and other proceedings returnable to said court, 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 term as prescribed prior to the passage of this Act shall be required to attend and serve as such jurors at the term of said court as prescribed by this Act. Writs, processes, etc., how 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 8, 1882. TO PROVIDE FOR DRAWING ONE GRAND JURY FOR EACH TERM OF RANDOLPH COUNTY SUPERIOR COURT. No. 59. An Act to provide that one grand jury shall be drawn for each term of the superior court of Randolph 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, only one grand jury shall be drawn and summoned for each term of the superior court of Randolph county, and the grand jurors sworn, chosen and empaneled for the first week shall be competent and compellable to serve during the entire term of said court, if the public interest require such attendance, to be determined on by the judge presiding at said court; provided , that this Act shall not apply to any grand jury already drawn for the second week of the next term of said court. Grand Jury, how drawn. 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 12, 1882. Page 154 TO PROVIDE FOR DRAWING ONLY ONE GRAND JURY FOR EACH TERM OF THE SUPERIOR COURT OF MERIWETHER COUNTY. No. 67. An Act to be entitled an Act to provide for the drawing of only one grand jury for each term of Meriwether superior court, and requiring the one drawn to serve both weeks, or so long as the presiding judge may deem necessary. 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 only one grand jury drawn or summoned for each term of Meriwether superior court, and the grand jury drawn shall serve for both weeks, or so long as the presiding judge may deem necessary. Only one Grand Jury for each term. 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 12, 1882. TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURTS FOR THE COUNTIES OF FAYETTE AND HEARD. No. 64. An Act to change and fix the time of holding the superior courts in the counties of Fayette and Heard, in the Coweta judicial circuit of this State, 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 time of holding the superior courts of the counties of Fayette and Heard, in the Coweta judicial circuit in this State shall be fixed hereafter as follows, to-wit: Terms changed. For the county of Fayette, on the third Mondays in March and September of each year. For the county of Heard, on the fourth Mondays in March and September of each year. 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 to and pending in the superior courts of said counties, as the terms are now provided for, shall hold good and relate to the terms of said court as changed, fixed and provided by this Act, and that all grand and tra verse jurors summoned to attend the said courts, as now provided Page 155 by law, shall be required to attend at the terms of said courts as changed and fixed by this Act. Petitions, etc., how 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 12, 1882. TO FIX THE TIME OF HOLDING THE SUPERIOR COURTS IN THE NORTHEASTERN JUDICIAL CIRCUIT. No. 81. An Act to fix the time for holding the superior courts in the several 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 from and after the passage of this Act, the terms of the superior courts for the several counties composing the Northeastern Judicial Circuit of this State shall be as follows, to-wit: Times of holding specified. For the county of Hall, on the third Mondays in February and August, and to be a two weeks' court at each term if necessary. For Hall county. For the county of Habersham, on the first Mondays in March and September, and to be a two weeks' court at each term if necessary. For Habersham. For the county of Rabun, on the third Mondays in March and September. For Rabun. For the county of Towns, on the fourth Mondays in March and September. For Towns. For the county of Union, on the first Mondays in April and October. For Union. For the county of White, on the second Mondays in April and October. For White. 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. For Lumpkin. Sec. II. Be it further enacted by the authority aforesaid , That all petitions, bills, writs, summonses, mesne and final processes, and all other proceedings of whatsoever kind now returnable and pending in the said several superior courts, as the terms are now fixed, shall hold good, relate to and be made returnable by virtue of this Act to the terms of said courts as provided for in this Act. Writs, etc., how returnable. Sec. III. Be it further enacted by the authority aforesaid , That in each of the counties in said circuit for 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 may be necessary without drawing a new one. Grand Jury may be held for whole term. 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 July 24, 1883. Page 156 TERMS OF CALHOUN SUPERIOR COURT CHANGED. NO. 86. An Act to change the time of holding the superior courts in Calhoun county, in the Albany Judicial Circuit. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the times of holding the superior courts of the county of Calhoun, in the Albany Judicial Circuit, shall be changed from the second Mondays in March and September to the second Mondays in June and December of each year. Courts to be held second Mondays in June and December. Sec. II. Be it further enacted by the authority aforesaid , That all petitions, bills, writs summonses, mesne and final processes, and other processes of any other kinds now returnable and pending in the superior courts of said county, as the terms are now being held, shall be good and relate to and be returnable to the terms of said court as provided for in this Act, and all jurors now summoned to attend said court, as now provided by law, shall be required to attend at the terms of said court as prescribed by this Act. Writs, etc., how 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 August 1, 1883. TERMS OF PICKENS SUPERIOR COURT CHANGED. No. 90. An Act to change the time of holding the superior courts of the county of Pickens. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the time of holding the superior court of the county of Pickens shall be the fourth Monday in April and September, instead of the second Monday in May and October, as now provided by law. Courts to be held fourth Mondays in April 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 court, 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 provided by law prior to the passage of this Act, shall be required to attend and serve as jurors for the terms provided by this Act. Writs, etc., how 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 August 10, 1883. Page 157 JURORS FOR LAURENS SUPERIOR COURT. No. 100. An Act to amend an Act, approved July 19, 1881, entitled an Act to change the time of holding the superior court of the county of Laurens; to provide for the drawing of juries and the term of service, and to legalize said juries. 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 of the above recited Act, which provides for the drawing of grand and traverse jurors for Laurens superior court, be, and the same is hereby repealed, and in lieu thereof the following is adopted as section three, viz.: There shall be drawn in the manner now provided by law, traverse jurors for each of the two weeks contemplated by said Act, but said traverse jurors shall not be compellable to serve for a longer time than one week. There shall also be drawn, in the manner prescribed by law, a grand jury for each term of said court, and only for the first week of each term, and no additional grand jurors shall be drawn for the second week of each term of said court, but the grand jurors drawn and selected for the first week shall also serve as grand jurors for the second week at each term of said court; provided , that this section shall not affect the grand jurors already drawn for the first and second weeks of the term of said court held next after the passage of this Act, but said grand jurors already drawn shall serve at said court in the same manner that they would have done had not this Act been passed, and the grand jurors already drawn for the second week of the next term of said court shall be competent and compellable to attend and serve as such. What juries to be drawn, and time of service. 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 20, 1883. TERMS AND JURORS OF WASHINGTON SUPERIOR COURT. No. 143. An Act to fix the legal duration of the regular term of the superior court of the county of Washington, and to prescribe the number of grand and traverse juries to be drawn for each term of said court. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the regular term of the superior court of Washington county shall be held on the first Page 158 Mondays in March and September of each year and shall continue two weeks. Courts to be held 1st. Mondays in March and September. Sec. II. Be it further enacted , That one grand jury and two traverse juries shall be drawn for each regular term of said court, and one traverse jury shall serve during the first week and the other traverse jury shall serve during the second week of said court. What juries to be drawn. 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 6, 1883. TERMS OF BULLOCH, EMANUEL AND SCREVEN SUPERIOR COURTS CHANGED. No. 156. An Act to change the time of holding the superior courts of Bulloch, Emanuel and Screven counties, 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 superior court of the county of Bulloch shall be changed from the first Mondays in April and October to the fourth Mondays in April and October of each year, and that the time for holding the fall term of the superior court of the county of Emanuel shall be changed from the third Monday in October to the first Monday in November of each year, and that the time for holding the superior court of the county of Screven shall be changed from the first Mondays in May and November to the third Mondays in May and November of each year. Bulloch Fall term of Emanuel Superior Court. Screven Superior Court. Sec. II. Be it further enacted by the authority aforesaid , That all suits, processes, orders, summonses and other proceedings returnable to the superior courts of said counties, prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed. Writs, etc., how 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 11, 1883. GRAND JURORS FOR POLK SUPERIOR COURT. No. 161. An Act to provide for the drawing of only one grand jury for each term of the superior court of Polk county. 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 Page 159 this Act, there shall be but one grand jury drawn to serve at each term of the superior court of Polk county. One Grand Jury to be drawn for each term. Sec. II. Be it further enacted by the authority aforesaid , That if at any time during the session of said court, said jury should report that they have fully performed their duties, the presiding judge, at his discretion, may discharge said jury from further attendance upon the court; provided , that nothing contained in this Act shall be construed as to prevent the drawing of a separate grand jury for each and every adjourned term of said court, should the judge presiding so elect. Grand Jury may be discharged. Proviso. 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 12, 1883. TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURTS FOR LAURENS COUNTY. No. 336. An Act to change the time of holding the superior courts of the county of Laurens. 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 time of holding the superior courts of the county of Laurens, in this State, shall be changed from the third and fourth Mondays in February and August to the fourth Mondays in January and July in each and every year, and each term of said court shall continue for two consecutive weeks, as heretofore allowed, if the public interest should so require; provided, however , that this change shall not go into effect until after the August session of the present year. Terms changed. Sec. II. Be it further enacted by the authority aforesaid , That all writs, suits, summonses, processes, orders and all other proceedings pending in and returnable to said court, 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, which have been drawn or may be drawn for the terms as prescribed prior to the passage of this Act, shall be required to attend and serve as jurors for the terms fixed and prescribed by this Act. Writs, etc., how 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 26, 1883. Page 160 CHANGING TERMS OF CLAYTON SUPERIOR COURT. No. 348. An Act to change the time of holding the superior court in the county of Clayton, 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 January, 1884, the time of holding the superior court of the county of Clayton shall be the first Monday, in March and September of each year. Courts to be held first Mondays in March and September. Sec. II. Be it further enacted , That all writs, suits, processes, orders, summons, and all other proceedings returnable to said court, prior to the passage of this Act, shall be held and considered as returnable to the times as herein fixed and prescribed, and the grand and traverse or petit jurors drawn for the terms of said court as now 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, etc., how 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 rerealed. Approved September 26, 1883. GRAND JURORS FOR COUNTY OF DOOLY. No. 385. An Act to alter and amend so much of the law which prescribes that two panels of grand jurors shall be drawn for the county of Dooly, so as to reduce the same to one. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, but one panel of grand jurors shall be drawn and summoned for the superior courts of Dooly county, and the panel drawn and summoned to attend the first week of Dooly superior courts shall be qualified and competent to serve during the second week of said courts, should the business of said courts require the service of such grand jurors during the second week thereof. One panel of Grand Jurors to be drawn for Dooly Superior Court. 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 27, 1883. Page 161 TERMS OF DOUGLAS SUPERIOR COURT CHANGED. No. 445. An act to change the time of holding the superior court of Douglas county. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Acts the time, for holding the superior courts for the county of Douglas shall be the third Mondays in January and July in each year, instead of the third Mondays in January and fourth Mondays in July in each year, as now provided for by law, so that when this Act is passed that said courts may continue its terms two weeks in January and in July in each year. Courts to be held 3rd Mondays in January and July. Sec. II. Be it further enacted, etc. , That all suit, processes, orders summonses, and other proceedings returnable to said court, prior to the passage of this Act, shall be held and considered as returnable to the terms as herein provided. Writs, etc., how returnable. 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. Approved September 28, 1883. TERMS OF GILMER, COBB AND FANNIN SUPERIOR COURTS CHANGED. No. 470. An Act to change the time of holding the superior courts of the Blue Ridge judicial circuit in this State so far as relates to the counties of Gilmer, Cobb and Fannin, 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 in the county of Gilmer in this State shall be as follows: The fall term thereof shall be changed from the third Monday in October to the second Monday in November of each year, so that said court shall be held on the third Monday in May and the second Monday in November, and the superior courts in the county of Fannin in this State shall be held on the fourth Monday in May and the first Monday in November of each year, and the superior courts of the county of Cobb shall be held on the second and third Mondays in March and on the third and fourth Mondays in November of each year. Terms of Gilmer. Terms of Fannin. Terms of Cobb. Sec. II. Be it further enacted by the authority aforesaid , That all writs, suits, summonses, processes, orders, decrees, and all other proceedings pending in and returnable to said courts, prior to the passage of this Act, shall be held and considered as returnable to the Page 162 terms of said courts respectively, as herein fixed and prescribed and 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 for the terms fixed and prescribed by this Act, and all persons subp[UNK]naed as witnesses to appear at the terms as fixed before the passage of this Act shall be required to attend the terms of said courts as fixed by this Act. Writs, etc., how returnable. Approved September 28, 1883. TIME OF HOLDING FALL TERM OF CHEROKEE SUPERIOR COURT. CHANGED. No. 477. An Act to change the time of holding the fall term of the superior court of the county of Cherokee, and to give two weeks for said term. 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 fall term of the superior court of the county of Cherokee be changed from the second Monday in August to the second Monday in September. Fall term. Sec. II. Be it further enacted by the authority aforesaid , That said term of said court shall embrace two weeks, or so long as may be necessary to transact the business of said court. Two weeks term allowed. Sec. III. Be it further enacted by the authority aforesaid , That all writs, processes, orders, summonses, and other proceedings returnable to said term of said court, prior to the passage of this Act, shall be lheld and considered as returnable to the term of said court as herein fixed and prescribed, and that the grand and traverse jurors, which have been or may be drawn for the term of said court as prescribed prior to the passage of this Act, shall be required to attend and serve as jurors at the time fixed in this Act. Writs, etc., how returnable. 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 28, 1883. Page 163 PART II.CORPORATIONS. Title I.BANK AND INSURANCE, LOAN AND TRUST COMPANIES. Title II.RAILROAD AND CANAL COMPANIES. Title III.STEAMBOAT COMPANIES. Page 165 TITLE I. BANKS AND INSURANCE, LOAN AND TRUST COMPANIES. ACTS. Amending charter of Bank of Augusta. Amending charter of Capital Bank of Macon. Incorporating Merchants and Planters' Bank of Forsyth. Incorporating Central City Loan and Trust Association. Incorporating Vigilant Live Stock Mutual Insurance Company. Incorporating the Georgia Loan and Trust Company. Incorporating Mechanics' Savings Bank. Incorporating Manufacturers' Mutual Insurance Company. Incorporating Planters' Loan and Trust Company. Incorporating Georgia Investment and Banking Company. Incorporating Mechanics' Mutual Insurance Company. Incorporating Rome Fire Insurance Company. Incorporating Merchants' and Planters' Bank, of West Point, Ga. TO AMEND THE CHARTER OF THE BANK OF AUGUSTA, ETC. No. 29. An Act to amend the charter of the Bank of Augusta; to authorize a reduction of the capital stock of said bank; to give to said bank a lien upon the stock of its shareholders in certain cases; to clearly define the powers and authority of said corporation, 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 Bank of Augusta, a corporation under the laws of this State, having its principal office in the city of Augusta, in the county of Richmond, be, and said corporation is hereby authorized and empowered to reduce its present paid up capital stock of two hundred and twenty-five thousand dollars to the sum of one hundred and fifty thousand Page 166 dollars, or to such an intermediate sum as the stockholders, or a majority of them voting by shares, may direct by purchase, cancellation, or otherwise, and to retire the same at such time and upon terms as a majority of said stockholders voting by shares as aforesaid may prescribe; provided , that nothing in this section contained shall have the effect of removing, or in any manner diminishing, the individual liability of the stock or shareholders of said bank for debts incurred by said bank, or for deposits made in said bank prior to the cancellation or retiring of said capital stock. Reduction of capital stock authorized. Individual liability of stockholders. Sec. II. Be it further enacted , That the stockholders of said bank, or its board of directors, acting by authority of said stockholders, or a majority of them as aforesaid, be, and they are hereby authorized and empowered to pass and enforce such rules and regulations as may be necessary to carry into effect the reduction of stock authorized by the preceding section, and to prescribe the mode, manner, time, terms and amount thereof, and to pass and enforce such further by-laws, rules and regulations for the government and control of said corporation as they may deem necessary and proper, and which are not inconsistent with the laws of Georgia. Powers Board of Directors making enforcing by-laws. Sec. III. Be it further enacted , That no stock shall be transferred, except on the books of said bank, either in person or by attorney, and no stockholder shall transfer his stock, who is indebted to said bank, or liable thereto, either as principal, endorser, surety or otherwise, unless by consent of the president, or a majority of the directors of said corporation, until such indebtedness or liability is paid off and discharged in full, and said bank shall have a lien upon the shares of its stockholders so indebted, or liable, as security for the payment and discharge of such indebtedness or liability. Transfer of stock, how made and when prohibited. 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 December 11, 1882. TO AMEND THE CHARTER OF THE CAPITAL BANK, OF MACON, GEORGIA. No. 169. An Act to amend an Act to incorporate the Capital Bank, of Macon, Georgia, approved August 24, 1872, so as to authorize the president and directors of said bank to reduce the capital stock of said bank to one hundred thousand dollars, and for other purposes. Section I. The General Assembly of the State of Georgia enacts , That from and after the passage of this Act, the above recited Act be, and is hereby so amended as to authorize and allow the president and directors of the Capital Bank, of Macon, Georgia, to reduce the capital stock of said bank by the purchase and retirement thereof, or in such manner as said president and directors may deem best for the Page 167 interests of the stockholders, to one hundred thousand dollars; provided , that nothing in this Act contained shall in any manner affect the liabilities of stockholders whose stock shall not be retired under this Act for the debts of said bank as declared and established by the original charter; provided, further , that the liabilities of the holders of such of the capital stock of said bank as may be retired under this Act for the debts and liabilities of said bank, existing at and before the time of such retirements and cancellation, shall in no wise be affected or lessened thereby. May reduce the capital stock. Liability of stockholders not affected. 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 12, 1883. TO INCORPORATE THE MERCHANTS' AND PLANTERS' BANK, OF FORSYTH, GEORGIA. No. 267. An Act to incorporate the Merchants' and Planters' Bank, of Forsyth, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That E. T. Pharr, Wm. T. Maynard, D. J, Proctor, E. R. Roberts, J. M. Ponder, Thos. J. Fletcher, J. G. Philnazee, W. A. Pye, Marcus Greenwood, B. H. Zellner, R. P. Trippe, Sir., Bascom Myrick, J. J. Cater, Thos. D. Smith, W. R. Davis and W. C. Cooley, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate under the the name of the Merchants' and Planters' Bank, of Forsyth, to be located in the city of Forsyth, Monroe county, Georgia. Names of Corporators. Sec. II. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed, and thirty thousand dollars more in full shares of one hundred dollars each actually paid in lawful money of the United States, the said company may organize and proceed to business under this Act. Amount of capital stock. When company may organize and commence business. Sec. III. Be it further enacted , That when the subscription authorized in the second section of this Act shall be fifty thousand dollars or more, and when thierty thousand dollars or more, in lawful money of the United States, shall have been received by the commissioners provided for in this Act on account of subscription, then the said subscribers shall be and become a body corporate and politic with continued succession under the name of the Merchants' and Planters' Bank of Forsyth, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall have power to Page 168 take, receive, purchase and hold, as security for or in payment of any loans or advances made, real, personal or mixed property so far as may be necessary for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary; and said bank shall have power to make and use, renew and alter at pleasure a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. A body corporate, when. Name of corporation. Sec. IV. Be it further enacted , That said corporation shall have power to receive money on deposit, to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Further powers and tranchises declared. Sec. V. Be it further enacted , That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than twelve directors, to be chosen as hereinafter provided, who shall elect from their number a president; may declare by-laws for their government, not inconsistent herewith; fix the number of said directors, who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of its officers. Each of said directors shall be a citizen of this State, and be owner, in his own name, of not less than ten shares of said stock. Said board shal have power to elect a vice-president and cashier, and such other officers as the interest and business of said bank may require. Corporate powers to be exercised by a board of directors. President elected by board. Day of meeting, salaries. Board may elect officers. Sec. VI. Be it further enacted , That the total liabilities of said bank, of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand on securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of such position, holding or office, be entitled to or enjoy any advantage, preference or privilege in the use of the funds of said bank, which might not otherwise be extended to them. Liability limited, and how estimated. Officers not to enjoy extraordinary privilege in use of funds of bank. Sec. VII. Be it further enacated , That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but, before declaring such dividend, they shall carry one-tenth of its net profits of the preceding half year to its surplus fund until the same shall amount to twenty-five per centum of its capital stock (but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of Page 169 their paid up capital) and in estimating the net profits of said bank no assets shall be accounted as solvent which are over six months past due and unsecured, and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside or any dividend declared. Directors may declare dividends from net profits. Percentage of net profits reserved. Insolvent debts not to be computed in determining amount of net profits. Sec. VIII. Be it further enacted , That the board of directors shall issue to each stockholder certificates of stock, truly representing his or her interest, and such stock shall be held bound to the company for any dues or other indebtedness by such stockholder to the company, and no stockholder who may be indebted to said bank, either as principal, security or endorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his lawfully appointed attorney in fact, and the board of directors may close the transfer books from time to time as provided by their by-laws, as the convenience of the bank may require. Certificates of stock. Lien of company on certificates of stock. Transfer books may be closed from time to time. Sec. IX. Be it further enacted , That the persons named in the first section of this Act, or any two of them, or their successors or assigns, shall be, and they are hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place, and to keep them open for such a length of time as they deem proper, but for no less amount of subscription than fifty thousand dollars as hereinbefore provided. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscriptions called for by them, and on the second Monday in January in every year thereafter. No election shall be valid where a majority of the whole stock paid in is not represented, and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the board of directors during the intervals of election may be filled by said board, and it shall be the duty of the president of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns to the Governor of this State as are now required by law to be made. Commissioners to open books of subscription. Directors, by whom elected and when. Each share of $100 entitled to one vote. Vacancies in board, how filled. Sec. X. Be it further enacted , That should there be no election of directors at any annual meeting as herein provided, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented, in person or by legal proxy, and until their successors are duly elected and enter upon the discharge of their duties. The minutes of the board of directors shall be kept in a book provided for that purpose, and signed by the president, chairman or secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Where no election for directors at regular time, the incumbents to hold over. Minutes of the board, how kept and signed. Sec. XI. Be it further enacted , That after thirty thousand dollars Page 170 or more, in shares of one hundred dollars each, have been paid in, before the expiration of the ten days next after the closing of the books of subscription as hereinbefore provided, the unpaid balance of the stock subscribed, if any, shall be called for and paid in within twelve months next after said books are closed, at such time and in such sums as the board of directors may determine, under the penalties provided in the next section; but the subscribers may, without such call, tender the money for said unpaid shares to the board and receive certificates of stock therefor. But after said twelve months shall have expired, as aforesaid, then any increase above the original subscription shall be first authorized by the votes of two-thirds of all the directors of said bank. Unpaid balance above $30,000, how called in and collected. Sec. XII. Be it further enacted , That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the commissioners or the board of directors within the time required as aforesaid, the board of directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in the courts of the State, city or county where said defaulting subscriber resides; or the said stock belonging to such delinquent may, by resolution of the board of directors, after due notice, be sold; in which case the portion previously paid in shall be forfeited to the company. Defaulting subscribers to capital stock, how dealt with, etc. Stock when forfeited. Sec. XIII. Be it further enacted , That the cashier, who may also be a director, shall be elected by the board of directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care, or shall come into his possession in the regular course of business, and he shall have power to bind the company by signing promissory notes, checks, receipts or certificates of deposit in conducting the business of the bank. Cashier elected by directors to give bond. His duties. Sec. XIV. Be it further enacted , That the company shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business therewith. A printed copy of charter to be placed in officeframed. Sec. XV. Be it further enacted , That each stockholder shall be individually liable in proportion to the amount of stock owned by him or her for the ultimate payment of all the liabilities of said bank. Individual iability. Sec. XVI. Be it further enacted , That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Take effect immediately after its passage. Sec. XVII. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved September 22, 1883. Page 171 TO INCORPORATE THE CENTRAL CITY LOAN AND TRUST ASSOCIATION, ETC. No. 313. An Act to incorporate the Central City Loan and Trust Association; to grant banking privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly of said State , That George B. Turpin, Joseph G. Wilburn, A. Gibian, E. Witkowski, Henry Horne and John W. Burke, and such persons as may hereafter be associated with them, and their successors, be, and they are hereby declared and constituted a body corporate, under the name of the Central City Loan and Trust Association, by said name to sue and be sued, to plead and be impleaded, to acquire and hold real estate and personal property and generally to do everything necessary to carry out the purposes of this Act. Names of corporators. General powers of coporation. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock of said corporation shall be $100,000, or 1,000 shares of $100 each, with the privilege of increasing the same to $200,000, or 2,000 shares of $100 dollars each, in the discretion of the board of directors hereinafter provided for, after the same shall have been authorized by a vote of the stockholders at a meeting called for that purpose. The stockholders shall pay in the capital stock subscribed by monthly installments in such sums as shall be determined by the board of directors not to be less than $2.50 per share. Such payments shall continue until the amount paid in, with legal interest thereon, shall be $100; provided , however, that nothing herein contained shall be construed to prevent any stockholders from paying in the whole of the installments at any time, if he should desire to do so. Capital stock. May increase capital stock. Capital stock paid in by monthly installments. Stockholders may pay whole amount at once. Sec. III Be it further enacted by the authority aforesaid , That as soon as 1,000 shares shall be subscribed for, and the sum of $2,500 paid in on said stock, the said association shall have the right to organize and transact business. The principal office shall be located in the city of Macon in this State. At the first meeting of the stockholders, which shall be called by the incorporators herein mentioned after ten days' notice to the stockholders, a board of five directors shall be elected, three of whom shall constitute a quorum to transact business. Said board shall elect one of their number president, who must be a stockholder in said association. A cashier shall be elected annually, who shall give bond, with good security, in a sum to be fixed by said board, for the faithful performance of his duties as such cashier. The bond shall be satisfactory to said board. The board of directors shall also be elected annually, and shall hold their offices till their successors are elected and qualified. The annual meeting of the stockholders shall be on the first Tuesday in March of each year, at which time the board of directors shall be elected as aforesaid. Said board of directors shall Page 172 have authority to manage and control the business of said association; to declare dividends when earned; to establish rules and by-laws for the government of said association; to provide for all cases of default made by any stockholders to the payment of the installments aforesaid; for the sale or forfeiture of the stock; for the transfer of the stock, and generally for every matter or thing necessary or proper to carry out the purposes of this Act. May organize and transact business when $2,500 is paid in. Directors, when, how and in what number elected. President of Board. Cashier Board of directors elected annually. General powers of directors. Sec. IV. Be it further enacted by the authority aforesaid , That said association shall have the right to do a general banking business, to receive deposits, discount papers, buy and sell exchange, to acquire and hold real and personal property, and to perform all acts usual in such cases. Said association shall have authority to loan money on real estate, or such other security as said board of directors may see fit, at any rate of interest that may be agreed on in writing, not in excess of the highest contract rate fixed by law, but said association may make loans for any time agreed on and charge interest for the full time and include the same in the note or other security given therefor, and may collect the same by monthly installments, if the debtor will so agree, without any rebate of interest thereon. May do a general banking business. May acquire and hold real and personal property. May loan money. Rate of interest. Sec. V. Be it further enacted by the authority aforesaid , That the stockholders of said association shall be liable individually to the creditors of said association in proportion only to the stock held by each stockholder. Individual liability of stockholders, etc Sec. VI. Be it further enacted by the authority aforesaid , That this charter shall continue for the term of thirty years Duration of charter. 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 September 25, 1883. TO INCORPORATE THE VIGILANT LIVE STOCK MUTUAL INSURANCE COMPANY. No. 342. An Act to incorporate the Vigilant Live Stock Mutual Insurance Company. 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 C. C. Pratt, Wm. L. Lumpkin, Henry Schoeller, J. A. Woody, A. P. Roberts, Henry A. Wrench, and their associates and successors, be, and they are hereby incorporated and made a body politic under the name of the Vigilant Live Stock Mutual Insurance Company, and under that name may sue and be sued, plead and be impleaded, have and use a common seal, and the same change at pleasure, make by-laws for the government of said corporation, elect suitable officers, and do all other acts in harmony with the purposes of this charter and not inconsistent with the Constitution or laws of this State, or of the United States. Names of corporators. Name of corporation. General powers and franchises of the corporation. Page 173 Sec. II. The purposes of this corporation is the mutual protection of its members from any loss, injury or destruction of live stock belonging to its members, and to this end it shall have power to receive from members joining the same admission fees and annual dues sufficient to pay the expenses of said corporation for printing salaries of officers or otherwise; to make assessments on its members to pay any loss that may be sustained by any one or more of such members by reason of the injury, death or loss by theft of such live stock as may be insured therein; to collect the same and to pay it out through its agents to those entitled thereto. Purposes of this corporation. Admission fees and annual dues. Assessments o pay losses. Sec. III. As this company is intended to be a purely mutual protective association, it has no capital stock except the assessments to be levied upon its members to pay losses incurred as herebefore set out, nor shall it have any right to insure any stock or other property of persons or corporations not members thereof; and no benefit shall attach to any one till he, she or they are in full fellowship as a member by the payment of his, her or their admission fee, and of such annual dues as are due; and the assessments to be made shall be pro rata on all the members according to the value of the property insured by such members. Assessment to pay losses constitute the only capital stock of the company. A purely mutual company. Sec. IV. This corporation shall have the right, through its board of directors, to make separate and distinct departments, according to the nature of the stock insured, and members shall be liable to assessment for losses only in the department in which their stock may be insured, and entitled to protection only from other members in the same department. Separate departments made in which the various kinds of stock may be insured. Sec. V. In order to secure prompt payment for losses, it shall be lawful for said board of directors to create a beneficiary fund in each department, and to this end the said board of directors are empowered to levy preliminary assessments not to exceed one per cent. of the value of animals belonging to the member so injured, and said preliminary assessments shall in no case be made oftener than is absolutely necessary to keep up said fund so as to secure prompt payment for losses suffered. Beneficiary Fund to secure prompt payment of losses Preliminary assessments, how made, etc. Sec. VI. In order to organize said corporation, said corporators, or any three of them, shall meet in Dalton, in Whitfield county, in this State, and shall be empowered to elect a board of directors composed of seven persons, who shall be members of said corporation, which body of directors so elected shall complete the organization by the election from their own number of a president and a secretary. They shall also have the power to elect or appoint such other officers and agents as may be necessary or proper for the purpose of carrying out the purposes of this Act. The principal place of business of said company in this State shall be Dalton, in the county of Whitfield, but they shall have power to establish such other branch or branches in this State or out of it as may be necessary. Organization of the company when, where and by whom made. President and secretary. Dalton the principal office of the company. Branch offices, etc. Sec. VII. This corporation shall not issue certificates of membership in any department until applications in good faith have been received to the amount of fifty thousand dollars, but when any department is established by the by-laws of said association receives Page 174 applications for insurance for said amount, it shall be lawful for said association, by its board of directors, to open said department for business, but no benefit shall be paid, nor shall any attach to any person till subscriptions to membership shall amount to said sum of fifty thousand dollars. Certificates of membership. Business when begins, etc. Sec. VIII. 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 26, 1883. TO INCORPORATE THE GEORGIA LOAN AND TRUST COMPANY. No. 359. An Act to incorporate the Georgia Loan and Trust Company. Section I. Be it enacted by the General Assembly of the State of the Georgia , That F. E. Burke, of the State of Georgia, and E. Burr, Jr., H. M. Knapp and Benjamin Betts, of the State of Connecticut, and such other persons or corporations as shall hereafter become associated with them, and their successors and assigns, shall be, and they are hereby constituted and made a body corporate, with perpetual succession, under the name of The Georgia Loan and Trust Company, and by said 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 of the matter involved; to receive, purchase, own, hold and use property of all description, both real and personal, and to sell, convey, lease, mortgage and otherwise dispose of the whole or any part thereof in the same manner, and to as full an extent as natural persons might lawfully dispose of or encumber property of the same kind; and said The Georgia Loan and Trust Company shall have full power to make and use, renew and alter, at will, a common seal; to make by-laws, not repugnant to the Constitution and laws of this State or of the United States, for the government and guidance of its officers, employs, agents and trustees, and for conducting its business; to do any and all things necessary or proper to fully carry out and conduct its business and fully carry out the provisions of this Act; to exercise in general and fully all the powers incident to corporations and necessary and proper for the transaction of the business and objects for which it is incorporated; and the principal office of said company shall be located in Americus, in this State. Corporators. Perpetual succession. Name of corporation. General powers. Principal office to be in Americus. Sec. II. Be it further enacted by the authority aforesaid , That the capital, stock of said corporation shall be one hundred thousand dollars ($100,000), divided into shares of one hundred dollars ($100) each, with the right to increase its capital stock, at any time and by a majority vote of the board of directors present, to any sum not exceeding one million dollars ($1,000,000); and said The Georgia Loan and Trust Company is authorized to commence business Page 175 as soon as thirty thousand dollars ($30,000) of its capital stock has been subscribed and paid in Amount of capital stock. How divided. When business may commence. Sec. III. Be it further enacted by the authority aforesaid , That said corporation shall have full power and authority to do a general banking business so far as to receive money on deposit for investment only; to make loans upon any security, either real or personal, it may deem proper; discount or buy notes or other papers; buy, sell, draw and issue bills of exchange, either foreign or domestic; issue time and demand certificates of deposit to certify checks, but these acts shall only be done in connection with and for the purpose of carrying on such business of raising money for investment. The said corporation shall further have the right to make or negotiate loans to any party or parties or corporation, for any length of time, upon improved real estate security in this or any other State, said loans to be secured by first mortgage or trust deeds, and upon all such loans it shall have the right to guarantee, if it may so decide, the payment of both the principal and interest, or either, and upon such loans so secured by mortgages or trust deeds, said company shall have, and is hereby given the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, and for making or negotiating or guaranteeing the payment of the said loans, such sum, in addition to interest not in excess of the legal rate as may be agreed upon by the borrower and said corporation. The said corporation shall have power to invest money in real estate or other securities, either for its own account, customers or clients, and to hold the same, either in its own name or as agent or trustee, for its customers or clients, in this or any other State; to purchase or sell such real and personal property as shall be deemed best for its own use or profit, or necessary for the collection or security of any debt or claims owing to, or in which the company may have an interest either as principal, agent or trustee. The said corporation shall have power to issue debenture bonds in such series and classes and denominations, bearing interest, as to it may seem proper upon the following terms and conditions: Before any debenture bonds are offered for sale, said corporation shall select not less than two trusteesand these trustees shall be men of well-established character, standing and ability, and may reside in the particular locality where the proposed class and series of bonds are to be offered for saleand place in their custody and control first mortgage or trust deed real estate loans, belonging to said corporation, to be by said trustees held as a guarantee for the payment by said corporation of the particular class and series of debenture bonds issued against said loans as hereinafter provided, and this fact shall be written or printed, together with the names and residence of said trustees, conspicuously on said bonds, and the contract between the said corporation and the said trustees shall set forth and distinctly state that said first mortgage or trust deed real estate loans are held by said trustees in trust for the purchasers of the said bonds, and when said trustees have been selected, and have entered into a contract with said corporation, accepting said trust, and when said corporation Page 176 has placed in the custody and control of said trustees first mortgage or trust deed real estate loans as aforesaid, the company shall then have the right to offer for sale its debenture bonds in such denominations, not less than one hundred dollars, and to run for such time as it may elect, to an amount not exceeding ninety per centum of the face value of said first mortgage or trust deed real estate loans so deposited with and held by said trustees as security for that particular class and series of debentures; and every series of debentures shall be entirely separate and independent in the matter of securities, and may also be so as to trustees, but no debentures shall be offered for sale for which a deposit of first mortgage or trust deed real estate loans has not previously been made as hereinbefore proviedd; and said corporation, whenever it shall produce and surrender any of its debentures of any particular class and series, shall have the right to call on the trustees of said particular class and series to redeliver and surrender a pro rata share of the securities held for the payment of that particular class and series, and they shall do so, whereupon the company shall cancel the debentures so surrendered; and said corporation shall further have the right, at any time, to withdraw from the custody and control of the trustees any securities previously placed with them by substituting for those proposed to be withdrawn others of equal value; and said corporation shall further have the right to receive all interests upon securities held by said trustees so long as the interest on its debentures, for which the securities are pledged, is promptly paid, but no longer; but should said trustees at any time have reason to believe that the securities held by them are not good and sufficient for their par value, they shall have the right to call upon said company to make good the deficit or substitute other securities for the objectionable ones, and if this should not be done the company shall not be entitled to collect and retain any interest upon the securities so held until such request is complied with or the deficit made good, but shall turn over to said trustees all interest so collected; and should said corporation at any time desire to convey to said trustees any real estate, the title to which is vested in said company, as a part of the securities for its debentures of any particular series, said trustees shall accept the same as security for not exceeding fifty per centum of its appraised cost value; and should the issue and sale of debentures by said company at any time be in excess of ninety per centum of the par value of the first mortgage or trust deed real estate loans placed with said trustees as a guarantee of that particular class and series, and this excess so continue for a period of ninety days, this shall work a forfeiture of the charter of said corporation, and it shall be the duty of the Governor of the State to declare the charter forfeited, and require said corporation to at once discontinue business, wind up its affairs and go into liquidation; or, should the company make default in the payment of either the principal or interest of any of its debentures, and this default continue for a period of thirty days, then the trustees holding the securities of the class and series of debentures so defaulting Page 177 shall at once proceed to collect or sell the securities in their hands held as security for the same, and at once apply the proceeds to the payment of the defaulted interest or principal, as the case may be, and the expenses of this proceeding shall be borne by said corporation. Banking powers. Detail of powers. Debenture bonds, how sold, etc. How secured. Bonds to show name and residence. Contracts shall contain what. Bondswhen sold. Securities of each series of debenture bonds to be separate. Securities, when surrendered by the Trustees. Debentures to be cancelled, when. Securities may besubstituted. May receive interest on securities held by trustees so long as the interest on debentures is promptly paid. Trustees may require other securities if those held be insufficient. Conveyance of land as security. Excessive sales of debentureswhen to work a forfeiture of this charter. Duty of Governor in such event. Consequences of failure to pay interest on principal of bonds. Sec. IV. Be it further enacted by the authority aforesaid , That said corporation shall have the power and authority to accept and execute the office of agent, assignee, receiver or trustee of any kind, whether conferred by any person, corporation or court of this or any other State or of the United States. It shall also have the power to act as fiscal agent for the State of Georgia, or any other State, for any county, town, city, corporation or municipality in the receiving and disbursing of money or other property, or for issuing, registering and countersigning bonds, certificates of stock, or other things for paying coupons, negotiating the sale of securities or bonds, or guaranteeing their payment, or for the doing and performing of any other undertaking, obligation or contract by said corporation, and for such services may charge such commission or compensation as may be agreed upon. May accept and execute offices of agent, assignee, receiver or trustee, etc. Sec. V. Be it further enacted by the authority aforesaid , That the corporate powers of said company shall be vested in and controlled by a board of directors of not less than five, and the said board shall be elected by a majority vote of the stockholders of said company present, there being one vote for every share of stock standing in the name of the person for whom, or by whom, it is affirmed to be voted on the books of said company and stock may be voted either in person or by written proxy, and a majority of the stock of said corporation shall be required to constitute a quorum at all stockholders' meetings, and said board of directors may be increased at any time by a majority vote of the stockholders to any number not exceeding fifteen, and they shall elect from their own number a president, also vice-president, if they create such offices, and shall have power to fill any vacancy which may occur, and appoint such officers, clerks and agents as they may deem necessary, fix their compensation, require bonds of them, define their duties, and remove or discharge them when thought necessary or proper. Said board of directors shall also have power to make by-laws for the management of the affairs and business of the corporation, and do all things necessary for the protection and promotion of the interests of said company, to declare and order dividends out of the net earnings, and to create a proper surplus fund; to provide how and in what manner certificates of stock shall be transferred, and to do all other and necessary acts and things for the promotion of the interests and business of said corporation; and the said board of directors shall be elected as follows: At the first, or organization meeting, one-fifth shall be elected for one year, one-fifth for two years, one-fifth for three years, one-fifth for four years, and one-fifth for five years, and at all annual stockholders' meetings thereafter one-fifth of the number of the board shall be elected for five years, so that after the first election every director shall be elected for a period of five years, but in case the number of the board of Page 178 directors shall be increased at any stockholders' meeting, then the increased number shall be elected as is herein provided for the election at the first or organization meeting; provided , the increased number should aggregate five, but if it should not amount to five, then their election shall be for five, four, three years, according to the number increased, and at the first organization meeting the four persons named in the first section of this Act shall conduct and superintend said meeting and election, one presiding, one acting as secretary of the meeting and the other two as managers and tellers of the election, and previous to said meeting the four named persons shall give each stockholder at least ten days' written notice of the time and place of meeting and the object for which the meeting is to be held, and the date of all annual stockholders' meeting shall be fixed by the first or organization meeting, subject to change by any subsequent annual meeting, and special meetings of the stockholders may be called at any time by vote of the board of directors or the request of one-third in amount of stock of the stockholders to the president of the company, thirty days' notice in one or more newspapers being first given of the time and place of meeting, and all directors shall hold office until their successors are elected. Corporate powers vested in board of directors. Directorshow elected. Shareshow voted. President and other officershow elected and appointed. Directors may make by-laws. Board o directorshow elected and their terms. Corporators in first section shall manage first meeting. Work for the organization meeting Special meetingshow called, etc. Sec. VI. Be it further enacted by the authority aforesaid , That the board of directors of said company shall have full power and authority, and the same is hereby given to them to establish such agencies or branches of said corporation, and at such places as they may deem for the best interest of said company, and to prescribe rules and regulations for the government of said agencies or branches, and to provide the mode, manner and extent to which said agencies or branches may do business. May establish agencies and prescribe rules for their government. Sec. VII. Be it further enacted by the authority aforesaid , That the stockholders of said corporation shall not be individually liable for the debts of the company, except to the extent of any unpaid subscription to the capital stock thereof. Individual liability. Sec. VIII. Be it further enacted by the authority aforesaid , That said corporation shall, by the first days of August and February of each year make up and forward to the Governor of this State a sworn statement of its condition at the close of business on the last business day of June and December preceding, and this statement shall show the number of first mortgage or trust deed real estate loans made and held by it, the aggregate number of acres of land mortgaged or deeded land, the aggregate amount loaned on this security, in whose hands, if any, these mortgages or trust deeds are as trustees, and the aggregate amount of debentures issued against the same, and such other and further information as will tend to show the exact financial condition of said company, and a condensed synopsis of every such report shall be published in one or more newspapers of this State, and this shall be in lieu of all other reports required by the laws of this State. Sworn statement to be made to Governor. What statement shall show. Synopsis of report shall be published, etc. Sec. IX. Be it further enacted by the authority aforesaid , That the powers, franchises and privileges herein granted by this Act to said corporation, or which may hereafter be granted by any subsequent Page 179 Legislature, shall not be repealed or changed so as to affect its power faithfully to execute and carry out any trusts held by the company or so as to injure or circumscribe any interest committed to its care and management, or any of its undertakings, without the consent of the stockholders, creditors and persons at interest. Powers, etc., not repealable so as to prevent execution of trusts, etc. Sec. X. Be it further enacted by the authority aforesaid , That in the event the corporation herein provided for is not organized and prepared to transact business under this charter within twelve months after this Act becomes a law, then all the rights, powers and privileges herein granted shall cease and determine and the above charter be null and void. Charter void if corporation is not organized, etc., within one year after passage of this Act. Sec. XI. Be it further enacted by the authority aforesaid , That all laws and parts of laws of this State in conflict with or in derogation of any of the provisions of this Act be, and the same are hereby repealed, so far as this corporation is concerned, as fully and completely as though they were specifically set out and mentioned in detail. Approved September 26, 1883. TO INCORPORATE THE MECHANICS' SAVINGS BANK. No. 368. An Act to incorporate the Mechanics' Savings Bank, to be located in Atlanta, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That James Swan, Paul Romare, W. H. Austell, R. H. Richards, W. B. Cox, H. T. Inman and B. F. Abbott, their associates and successors, be, and they are hereby constituted a body corporate under the name of The Mechanics' Savings Bank, to be located in the city of Atlanta, Georgia, with authority under said name to open books of subscription to the capital stock of said bank, which is hereby fixed at fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding two hundred thousand dollars, divided into shares of one hundred dollars each. Names of corporators. Name of bank. Amount of capital stock. How divided. Sec. II. Be it further enacted , That as soon as fifty thousand dollars are subscribed and fifty per cent. of the same is actually paid in the said corporation is authorized to commence business, and it shall have power to receive deposits on interest, to loan money on personal security or on mortgage, and invest the same, to issue certificates of deposit, to discount notes and bills, to buy and sell bills of exchange, to hold, possess and enjoy all property, both real and personal, and the same to dispose of at pleasure and to have full power to carry on a general banking business as a bank of discount and deposit, and to make all contracts necessary to the objects of said association, to have and use a common seal, the same to alter and destroy at pleasure. When company may commence business. General powers of the corporation. Sec. III. Be it further enacted , That the stockholders of said bank Page 180 shall vote at all meetings in the proportion to the number of shares held by each, and they shall have power to elect a president, a cashier, and such other officers as they may deem necessary for the efficient management of the affairs of the bank, and to make all rules and by-laws for the government and control of its affairs in accordance with the laws of this State. Stockholders to vote in proportion to number of shares. May make rules and by-laws. Sec. IV. Be it further enacted , That the said bank shall be responsible to the creditors of the same to the full extent of the corporate property, and each stockholder shall be individually liable for the ultimate payment of the debts of said corporation to an amount equal to the amount of stock held by him. Extent of liability of corporation. Individual liability. 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 26, 1883. TO INCORPORATE THE MANUFACTURERS' MUTUAL INSURANCE COMPANY. No. 389. An Act to incorporate the Manufacturers' Mutual Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That G. Gunby Jordan, William Oliver, H. A. Haralson, Thomas M. Holt, Bartow Myers, George M. Goodwin, Ellison A Smyth, J. S. Murdoch, Charles Estes, R. B. Gunby and DeForest Allgood, together with their associates and successors, shall be a corporation under the name and style of the Manufacturers' Mutual Insurance Company, and shall keep their office in such place as may be agreed on by said corporators, or the officers herein provided for, and shall elect their own officers and enjoy all the powers and privileges incident to such corporations. Names of corporators. Name of corporation. May elect officers, etc. Sec. II. Be it further enacted by the authority aforesaid , That all persons holding unexpired policies for one year or longer shall be members of said corporation and entitled to one vote, and if his policy exceed five thousand dollars, an additional vote for every ten thousand dollars over and above the first five thousand dollars, and at all meetings of said corporators every matter shall be decided by a majority vote, and they shall choose such officers and for such lengths of time as may be deemed necessary. Who shall be members. Shall be entitled to vote how. Majority to decide. Sec. III. Be it further enacted by the authority aforesaid , That said corporation may insure for any term, not exceeding ten years, any houses, machinery, goods or other species of property against loss or damage by fire or water, not resulting from the carelessness, negligence or design of the party insured, and to an amount not exceeding the value of the property insured. May insure what and for what term. Against or wa- Sec. IV. Be it further enacted by the authority aforesaid , That whenever Page 181 said corporation shall make insurance on any property, the person so insured shall pay the required premium in cash, and also, if required by the rules of said company, shall give a note, payable to the corporation, for a sum not exceeding five times the amount of the premium, which note shall not be negotiable or transferable for any purpose whatever, but shall be held as a deposit to be paid at such times and by such installments as the directors may require, and no installment shall be required, except for payment of the liabilities of the company, incurred under policies of insurance issued by them. Premiums how paid. Note when given as a deposit. Installments required only to pay losses. Sec. V. Be it further enacted by the authority aforesaid , That if any member of such corporation, obtaining insurance or in case of his death, his legal representatives, shall neglect or refuse to pay any assessment made upon his deposit note within thirty days after demand for same, he shall be liable for a suit therefor by the corporation in any court having jurisdiction, and also, the liability of the corporation for the policy, under which the payment is withheld, shall be suspended, until such payment is made, and if said payment is not made within six months, said policy shall be forfeited and void. Proceedings against defaulters. Liability for policy suspended until assessment is paid. Sec. VI. Be it further enacted by the authority of the same , That any person insured shall have the right to return his policy and demand his note at any time before it would expire by its own limitation upon such terms as may be prescribed by the directors; provided , there is no unpaid assessment upon the note, unpaid premiums on his policy or losses unprovided for. Note may be demanded on certain terms. Sec. VII. Be it further enacted by the authority aforesaid , That when any policy shall expire and not be renewed, or shall be forfeited or surrendered to the company, the person so insured shall no longer be held or deemed a member of the corporation, and shall not be entitled to any dividends or division of profits thereafter declared or made, nor to any portion or interest in any reserve fund on hand or any of the property or assets of the company, and the note so deposited by such person shall be returned to him; provided , there is no unpaid assessments upon such note. Policy expiring and not renewed. Consequences. Sec. VIII. Be it further enacted by the authority aforesaid , That the directors are authorized to reserve from the net profits a sum not to exceed ten per cent. of the amount of said net profits each year, which shall constitute a permanent reserve fund for the better protection of the policy-holders, and to prevent, if possible, assessments upon the deposit notes of members. Reserve fundhow created. Sec. IX. Be it further enacted by the authority aforesaid , That any three of the persons named herein as corporators may call the first meeting by advertising the same for two successive weeks in one public journal in each of the cities of Columbus, Atlanta, Augusta and Macon in this State. Who may call the first meeting. Noticehow given. Sec. X. Be it further enacted by the authority aforesaid , That said corporators may make such rules and by-laws for the government of the company, not in conflict with the laws of the United States of this State, and when so made shall be binding and of full force. Corporators may make by-laws. Page 182 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 27, 1883. TO INCORPORATE THE PLANTERS' LOAN AND TRUST COMPANY. No. 400. Act to incorporate the Planters Loan and Trust Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That Frank H. Mitchell, D. F. Willcox, F. A. Stanford, Thos. J. Chappell and Moses Joseph, and such other persons as may be hereafter associated with them, their successors and assigns, be, and they are hereby incorporated and made a body politic under the name and style of the Planters' Loan and Trust Company, and by that name may have succession for thirty years; may have and use a corporate seal. and alter the same at pleasure; may sue and be sued at law and in equity, and may purchase, receive, hold, use and retain property of all kinds, and may sell or otherwise dispose of the same at pleasure, and may have such other powers and privileges as are hereinafter provided and as are incident to such corporations. Names of corporators. Name of corporation. Franchises of corporation. Sec. II. Be it further enacted , That the capital stock of said corporation shall be divided into shares of one hundred dollars each, and shall not exceed five hundred thousand dollars nor be less than fifty thousand dollars, nor shall it organize and commence business until at least twenty-five thousand dollars shall be paid on the total amount of capital stock subscribed, and each stockholder shall be liable for all the debts of the said corporation to the extent of his unpaid subscription. Capital stockhow divided. Amount of. $25,000.00 must be paid before commencing business. Sec. III. Be it further enacted , That the persons named in the first section of this Act, or any two of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such time and place and for such length of time as they may deem best, and after said books are closed and at the organization of said corporation, and annually thereafter on the second Monday in January of each year, a board of directors of not less than five nor more than nine shall be elected by a majority in interest of the stockholders voting at such elections. Books opened whom, when and where. Board of directors, number of, and when and by whom elected. Sec. IV. Be it further enacted , That the corporate powers of said corporation shall be vested in said board of directors, a majority of whom shall constitute a quorum for the transaction of business Said board shall elect a president and such other officers as may be necessary to the business of said corporation, and may prescribe the duties and liabilities of such president and officers, and may make and alter all by-laws, rules and regulations for the government of said corporation and the management of its affairs. Corporate powers vested in directors. Officers to be elected by directors. Powers of board. Page 183 Sec. V. Be it further enacted , That said corporation shall be authorized and empowered to receive deposits of money for investment only, and to issue receipts or certificates therefor, and to buy, sell, negotiate and discount stocks, bonds, bills of exchange, promissory notes, liens, mortgages and securities of all kinds, and may advance and loan money on the same, and may negotiate advances, loans and credits, and the investment of funds upon such terms and conditions as may be agreed upon between said corporation and those with whom deals; and are authorized to make and negotiate loans, advances and credits to planters, merchants, manufacturers and others, upon mortgages or liens on all property, real or personal, and crops growing or matured, and on promissory notes and collateral securities, and securities of every kind; and may execute and issue, demand, receive and enforce all such receipts, certificates, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business, and may invest its funds upon such terms and in such manner as shall be deemed best, and may do all other acts that may be considered advisable for the safe-keeping and profitable investment of its fund; and shall have power to accept and execute all such trusts of every description that may be committed to it upon terms that may be agreed upon. May receive money only for investment, etc. May advance and loan money, etc. May accept and execute all trusts. Sec. VI. Be it further enacted , That any person or corporation desiring to obtain a loan of money for a term of years on real or personal property, or both, may execute their own bond or bonds, payable to bearer, and may secure the payment of the principal and interest thereon by executing a deed of conveyance to said company, conveying said real or personal property, or both, in trust to secure the principal and interest of said bond or bonds, subject to such powers, conditions and limitations as may be required by the by-laws of said corporation, and not in conflict with the laws of this State, and which said powers, conditions and limitations shall be made and subscribed by the maker or makers of said deeds of trust; provided , that said bond or bonds shall not bear a greater rate of interest than that allowed by the laws of the State That when said bond or bonds have been made and executed, and have been secured by deed of trust, as aforesaid, the maker of said bond may sell the same or may employ said company to do so upon such terms as may be agreed upon between them in writing; provided , that the commissions paid said company for selling and receiving the proceeds of the sale of said bond or bonds and paying the same over to said maker, shall in no case exceed the commissions now allowed by law to trustees for like services. Loans how secured to the company by bond or otherwise. Sec. VII. Be it further enacted , That the principal office of said corporation shall be in the city of Columbus, Georgia, that said board of directors shall have power to establish agencies for the transaction of business of said corporation, at any place within the State of Georgia, or elsewhere, that they may deem advisable, and may appoint such agents or officers, and delegate to them such powers as may be necessary to the business of such agencies or branches. Principal office of company. May establish agencies. Sec. VIII. Be it further enacted , That the stockholders' meetings Page 184 and minutes of board of directors shall be kept in a book provided for such purpose and shall be signed by the president or presiding officer. Stockholders shall be entitled to certificates of stock, which shall be transferable, as provided in said certificates, but shall be liable for any debt due by the owner of said stock to said company; and no transfer of stock shall be valid until made on the books of said company Minutes of board and of stockholders meetings how to be kept and signed. Sec. IX. Be it further enacted , That at each annual meeting of the stockholders, the board of directors shall make a report of the business of said corporation and out of the net profits of the business shall semi-annually declare such dividends to the stockholders as may be deemed expedient. Directors shall report and declare dividends. Sec. X Be it further enacted That the unpaid installment of subscriptions may be called in such amounts and at such times as may seem proper to the board of directors; and, should any subscriber fail to pay the amount due by him on the call of the directors, the directors are authorized to sell the shares of such subscriber at public auction, after allowing him three months after notice of default to make each payment the proceeds to be applied first to the payment of the subscription due, the balance, if any, to be paid to the defaulting stockholder, or said corporation may, in the first instance, institute suit for the recovery of the subscription so due. Unpaid installments, how called in. Defaulting stockholders, how dealt with. Sec. XI. 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 27, 1883. INCORPORATE THE GEORGIA INVESTMENT AND BANKING COMPANY. No. 403. An Act to incorporate the Georgia Investment and Banking Company. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That Patrick Calhoun, of the State of Georgia, F. W. Dunton, of the city of New York, and John C. Calhoun, of the State of Arkansas, and such other persons as may be associated with them by becoming stockholders in the company hereinafter named, their successors and assigns, are hereby created a body corporate and politic by the name and style of the Georgia Investment and Banking Company, and by such name shall have perpetual succession, and the right to sue and be sued, to plead and be impleaded, to contract and be contracted with, to have and use a common seal and at pleasure to alter the same; to ordain, establish and put in circulation such by-laws, rules and regulations necessary or expedient for conducting its business, not inconsistent with the laws of this State or of the United States, and Page 185 to do each and every act requisite, necessary or expedient to accomplish the purposes for which this company is organized, that could be done by an individual citizen of this State. Names of corporators Name of corporation. Rights of corporation. Sec. II. Be it further enacted, etc. , That said company shall have the right to do a general banking business, to receive deposits, to make loans and discounts, to loan its own or its depositors' funds, to obtain and procure loans for any person, company, partnership or corporation, to invest its own money or the money of others, and to carry on the business of guarantee insurance, and to insure or guarantee the payment of any dividends, bonds, notes, undertakings, mortgages, or other securities or evidences of indebtedness, or the interests thereon, of any person, partnership, company or corporation Privilege of doing a general banking business, etc. May invest money. May guarantee payment of dividends. Sec. III. Be it further enacted, etc. , That said company shall have the right to lend or invest money in or upon the security of and by way of mortgage, pledge or otherwise, on or over any lands, hereditaments or real property, or interests thereon, of any description, situated anywhere; to lend money upon or purchase or otherwise acquire bills of lading or the contents thereof, or any crop or produce whatsoever, or any stock, bullion, merchandise or effects, and the same to sell or in any way dispose of. Money, how loaned or invested. Sec. IV. Be it further enacted, etc. , That said company may subscribe to, purchase, acquire or lend money upon any stock, shares, bonds, notes, debentures or other securities of any government, State, municipality, corporation, company, partnership or person, and to hold, deal in or sell the same, or to distribute the same among the shareholders of the company; to negotiate or place in behalf of the corporations, companies, partnerships or persons all or any of these shares, stocks, debentures, notes, mortgages, or other securities, with or without guaranty or collateral obligation by this company, and to sell or subscribe any of the property, real or personal, or any interests therein acquired by it, to any other corporation for any portion of its bonds, securities, obligations or capital stock, as may be agreed upon, without liability on such stock so purchased or subscribed for, beyond the agreed terms of said purchase or subscription. Futrher powers as to use of moneys. Sec. V. Be it further enacted, etc. , That said company shall have the right to issue general mortgage bonds, secured by a mortgage upon its franchises, business and property, which said bond shall be a lien upon all property of the company owned at any time during the time said bonds remain outstanding, but which lien shall be lost on all personal property disposed of by the company up to the time of foreclosure, and said company may dispose of said bonds at such price as the directors may deem fit and proper; that said company may issue special mortgage bonds for the purpose of purchase, development or improvement, or for the purpose of substituting its credit for the benefit or use of any person, partnership, company or corporation. Said special mortgage bonds shall be a first lien upon the property described in the deed of trust or mortgage by which they are secured, superior in dignity to the general mortgage bonds, and superior in dignity to any other claim against Page 186 the company, without reference to date, or any other debt or lien against any party or parties to whom said property may be sold arising subsequently to the issuance of said special mortgage bonds. Said company may take a deed direct from the party desiring to use its credit, and may itself make a deed to a trustee to secure its special bonds, or the party desiring to use its credit may make a deed direct to a trustee to secure said bonds, and said company, after placing upon any piece of property its special bonds, may resell said property to the party from whom it was purchased, in such manner and upon such conditions and terms as may be agreed upon, or may make such contract with the party making deed direct to trustee, in reference to said property and said special bonds, as may be agreed upon. Said bonds may bear any rate of interest not prohibited by the State in which the property upon which they are based is situated, and said company may cash said bonds for the parties so desiring to use its credit, for such price as may be agreed upon, and may then hold them in its own treasury or sell them in the markets of the world for such price as they may be able to obtain, and the difference between the price at which it buys them and the price at which it sells them it may carry into its general earnings as profit. Said company may limit its liability upon said bonds by express stipulation on their face. Where there is a sinking fund provided to meet any of said bonds at maturity, said company may undertake to compound it at such a rate of interest and in such manner as may be agreed upon. In such cases, each of the sinking funds shall be carried on the books of said company to a special account, and they shall be used and invested for the benefit of the holders of the special bonds covering the property from which each comes, and the party so borrowing the credit of the company, and, should this company fail, each special account inure to help the benefit of the special bonds towards the payment of each shall have been paid, and not to the general creditors of the company; and so, too, shall the contract on which each piece of property shall have been resold inure to the bond-holders of the special bonds based thereon. If the company should fail, its receiver shall apply the sinking fund inuring to each set of special bonds, first to the bondholders of said special bonds, and only that portion of each sinking fund as may be more than sufficient to meet said special bonds based upon the particular property from which it comes shall go to the general creditors of the company. Should the company lose any one of the sinking funds provided to meet any set of its special bonds, it must be replaced out of the general funds of the company before any of its general debts are paid, in order that the special bondholders and the parties seeking its credit may, at all times, be thoroughly protected; and should said party or parties to whom any piece of property is resold make default in any of the stipulations upon which they repurchased the property, or contracted in regard thereto, then this company may take possession of said property, as may be provided in its contract with said party or parties, and resell the same subject to said special bonds, freed from any other claims against this Page 187 company, or said party or parties, and that this company may be a purchaser at said sale. Said company shall have the right to apply all interests realized on any one of said sinking funds, over and above the special rate of interest at which it was originally agreed between the parties that said sinking fund should be compounded, to its own use and benefit. May issue mortgage bonds upon its franchises, etc. Mortgage lien on personal propertyhow lost. Bondshow disposed Special mortgage bonds. Rate of interest of special bonds. Special bonds how used. Siaking fund to secure special bonds, how used, etc. In case of failure of bank sinking fund for special bondshow applied. Reserve for special bonds. Further rights of bank as to security of special bonds. Sec. VI. Be it further enacted, etc. , That said company shall have the right and power to anywhere purchase, lease and acquire, to hold, to clear, mine, cultivate, use, improve and develop, to sell, mortgage, lease and otherwise dispose of lands, hereditaments and real and personal property, or any interests therein, or products thereof, including all agricultural and mineral products; to stock lands with cattle, sheep, hogs, horses or other stock; to breed, graze, rear and sell said stock, and to carry on such agricultural, lumbering, mining, trading, manufacturing and mercantile operations, and to erect and maintain such buildings and machinery as the said company, through its board of directors, may from time to time determine. Privileges as to purchasing, selling, etc. Lands and their proceeds. May do other enumerated things. Sec. VII. Be it further enacted, etc. , That said company shall have the right to establish and maintain bureaus of immigration, and to promote and assist immigration and to colonize and develop any lands, whether belonging to this company or not. May establish bureaus of immigration, etc. Sec. VIII. Be it further enacted, etc. , That said company shall have the right to act as agent, factor or trustee for any corporation, company or individual on such terms, as to agency and commission, as may be agreed on, in collecting, acquiring, holding, dealing and disposing of on account of such corporation, company or person any description of property, real or personal, and may charge such premiums, commissions or rate of compensation as may be agreed on in and for any of the matters and things authorized by this charter. May act as agent, factor or trustee. Sec. IX. Be it further enacted, etc. , That the capital stock of said company shall be two hundred and fifty thousand ($250,000.00) dollars, divided into 2,500 shares of one hundred dollars each; but the stockholders of said company may from time to time by a majority vote increase its capital. Every person holding stock not fully paid up shall be liable for all assessments and installments called for by the directors as provided in the by-laws; and if any assessment or installment so called for is not paid when due, such stock shall be subject to forfeiture to said company, and shall be so forfeited if so declared by a two-thirds vote of the board of directors, thirty days' previous notice having been given in writing to the holders of such stock; but in no case shall the holders of stock be liable for the debts of the company beyond the amount remaining unpaid on the stock held by them. Books of subscription shall be opened under the charge and supervision of such persons as may be appointed by a majority of the incorporators in writing, and they are hereby authorized and empowered to open books and receive subscriptions to the capital stock of said company. The said books may be opened in the State of New York, or the State of Georgia, or in both; that when the sum of $100,000.00 shall have been subscribed, Page 188 and thirty per centum thereof paid in, the said company may begin its business. Amount of capital stock. How divided. Capital stock may be increased. Assessments, how enforced. Books of subscription, how opened. Sec. X. Be it further enacted, etc. , That when twenty-five thousand dollars shall have been subscribed to the capital stock of said company, the person or persons in charge of the books of subscription shall give five days' notice in writing to each stockholder of the first stockholders' meeting, which shall be held in the city of Atlanta, by mailing said notice to said stockholder at such place as he or she may direct at the time of subscribing. The first board of directors shall be elected by a majority of the stockholders present and voting at said stockholders' first meeting, and all subsequent boards by the stockholders at each of their annual meetings, the time and place of which shall be fixed by the by-laws. Each stockholder at the first and all subsequent meetings shall be entitled to vote for each share of stock held by him, and he may vote said stock in person or by proxy duly authorized in writing. Notice of first meeting to stockholders. First board of directorshow elected. Subsequent boardwhen elected. Sec XI Be it further enacted, etc. , That the business and affairs of said company shall be managed by a board of directors and the officers elected by them. Said board shall consist of not less than five nor more than thirteen members, who shall be stockholders in said company, and a majority of whom shall constitute a quorum. Said directors shall hold office until their successors are elected, and shall have power to elect all officers and to fill all vacancies occurring in their own body or among said officers. The officers of the company shall consist of a president, vicepresident, secretary and treasurer, who shall be elected at such time, and shall hold their respective offices for such times as may be fixed by the laws and until their successors are elected and qualified. The same person may hold two or more of said offices, and their duties and powers shall be defined and restricted by the by-laws. The stockholders may, in their discretion, vest in the board of directors the power to make, alter and amend the said by-laws; provided, nevertheless , that nothing contained in this Act shall be construed to repeal, alter or modify the laws of force establishing a legal rate of interest in this State. Business of companyby whom managed. Board of directorsnumber of. Term of office. Officers of company. Same person may hold two offices. Stockholders may vest power in directors to make by-laws. Sec. XII. 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 27, 1883. TO INCORPORATE THE MECHANICS' MUTUAL INSURANCE COMPANY. No. 422. An Act to incorporate the Mechanics' Mutual Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That F. P. Rice, H. L. Wilson, James W. English and M. A. Hardin, together with their associates and successors, shall be a corporation Page 189 under the name and style of the Mechanics' Mutual Insurance Company. and shall keep their office in such place as may be agreed on by said corporation, or the officers herein provided for, and shall elect their own officers and enjoy all the powers and privileges incident to such corporations. Corporaors names. Name of company. Sec. II. Be it further enacted by the authority aforesaid , That all persons holding unexpired policies for one year, or longer shall be members of said corporation and entitled to one vote, and if his policy exceed five thousand dollars, an additional vote for every ten thousand over and above the first five thousand dollars, and at all meetings of said corporation every matter shall be decided by a majority vote, and they shall choose such officers and for such lengths of time as may be deemed necessary. Who are members and entitled to vote. Majority vote shall control. Sec. III. Be it further enacted by the authority aforesaid , That said corporation may insure for any term, not exceeding ten years, any houses, machinery, goods or other species of property against loss or damage by fire or water, not resulting from the carelessness, negligence or design of the party insured, and to an amount not exceeding the value of the property insured. What may be insured and for what time. Sec. IV. Be it further enacted by the authority aforesaid , That whenever said corporation shall make insurance on any property, the person so insured shall pay the required premium in cash, and also, if required by the rules of the company, shall give a note payable to the corporation for a sum not exceeding five times the amount of the premium, which note shall not be negotiable or transferable for any purpose whatever, but shall be held as a deposit to be paid at such times and by such installments as the directors may require, and no installment shall be required except for the payment of the liabilities of the company incurred under policies of insurance issued by them. Premiumhow paid. Installmentshow provided for. Sec. V. Be it further enacted by the authority aforesaid , That if any member of such corporation obtaining insurance, or in case of his death his legal representatives, shall neglect or refuse to pay any assessment made upon his deposit note within thirty days after demand for same, he shall be liable for a suit therefor by the corporation in any court having jurisdiction, and also the liability of the corporation for the policy under which the payment is withheld shall be suspended until such payment is made, and if said payment is not made within six months said policy shall be forfeited and void. Defaulting members. Sec. VI. Be it further enacted by the authority of the same , That any person insured shall have the right to return his policy and demand his note at any time before it would expire by its own limitation upon such terms as may be prescribed by the directors, provided there is no unpaid assessment upon the note, unpaid premiums on his policy or losses unprovided for. Person insured may return policy and demand his or her note, etc. Sec. VII. Be it further enacted by the authority aforesaid , That when any policy shall expire and not be renewed, or shall be forfeited or surrendered to the company, the person so insured shall no longer be held or deemed a member of the corporation, and shall not be entitled to any dividends or division of profits thereafter Page 190 declared or made, nor to any portion or interest in any reserve fund on hand, or any of the property or assets of the company, and the note so deposited by such person shall be returned to him, provided there is no unpaid assessment upon such note. When policies are forfeited. Incidents to. Sec. VIII. Be it further enacted by the authority aforesaid , That the directors are authorized to reserve from the net profits a sum not to exceed ten per cent. of the amount of said net profits each year, which shall constitute a permanent reserve fund for the better protection of the policy-holders, and to prevent, if possible, assessments upon the deposit notes of members. Reserve fundhow formed. Sec. IX. Be it further enacted by the authority aforesaid , That any three of the persons, named herein as corporators, may call the first meeting by advertising the same for two successive weeks in one public journal in each of the cities of Columbus, Atlanta, Augusta and Macon, in this State. How and by whom first meeting may be called. Sec. X. Be it further enacted by the authority aforesaid , That said corporators may make such rules and by-laws for the government of the company, not in conflict with the laws of the United States or of this State, and when so made shall be binding and of full force. Corporators may make rules and by-laws. 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 28, 1883. TO INCORPORATE THE ROME FIRE INSURANCE COMPANY. No. 450. An Act to incorporate the Rome Fire Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That Henry C. Amos, Hamilton Yancey, R. T. Hargrove, C. B. Hargrove, R. T. Fouch, W. W. Martin, and their associates and successors, are hereby created a body corporate and politic by the name of the Rome Fire Insurance Company, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all description, to make, have and use a common seal, and generally to do any act necessary to carry into effect the objects of the incorporation, not inconsistent with the laws and Constitution of the State or of the United States. Names of corporators. Name of company. Powers of company. Sec. II. Be it further enacted , That the capital stock of said corporation shall be five hundred thousand dollars, to be divided into five thousand shares of one hundred dollars each, to be paid in by 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 Page 191 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; 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 five shares of the stock of said company, and no director shall be eligible to the office of president or secretary unless he own not less than twenty shares of said stock. Capital stock. How divided and paid in. May organize when $100,000 is subscribed. Directorswhen and how elected. Officers. Powers of directors. Officehow vacated by absence Who eligible to office of director, president or secretary. 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 stockholders may be called at any time by the directors; such notice of these meetings shall be given as the directors may prescribe. Term of office of first directors. Subsequent directors. Date of annual meetings of stockholders. Special meetings, how called, etc. Sec. IV. Be it further enacted , That at all meetings of stockholders those holding a majority of 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. One vote for each share. Sec. V. Be it further enacted , That the principal office of the company shall be in the city of Rome, but it may do business and establish branch offices and agencies at any place or places in this State or the United States. Principal office shall be in Rome. May establish branch offices. 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 twenty-five 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 Rome 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 Page 192 contracts of insurance to be entered into 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. Directors to fix amount of stock to be called in May commence business when. May insure against fire, etc. Premium rates. Liability for losses. Contractswhen binding. Sec. VII. Be it further enacted , That the directors shall have the 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. Directors to fix form of stock certificates, etc. May pass by-laws. 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 this 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 Rome at such time and place as the directors may prescribe. Delinquent stockholders. Delinquent stock, how sold. Proceeds, how applied. Delinquent stock, where sold and when. Sec. IX. Be it further enacted , That the corporation shall be responsible to its creditors to the extent of its property. Liability of company to its creditors 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 reinsurance 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. Net earnings, how applied. When distributed. Sec. XI. Be it further enacted , That this Act shall take effect from and after its passage. When to take effect. 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 28, 1883. Page 193 TO INCORPORATE THE MERCHANTS' AND PLANTERS' BANK. No. 482. An Act to incorporate the Merchants' and Planters' Bank, of West Point, Georgia. 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 J. J. Hagedorn, A. M. Eady, Daniel Merz. W. B. Higginbothern, J. R. Scott, W. E. White, J. M. Reed, J. W. Smith, B. L. Harris, Lawrence Smith and William Collins, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of the Merchants' and Planters' Bank, and by that name shall have succession, and may sue and be sued in any court whatever, with such powers and privileges as are hereinafter provided. Corporators. Name of corporation. Sec. II. That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing said capital at any time to two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed, and twenty-five thousand dollars actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Shares, amount of. When company may organize. Sec. III. That said company shall have power to make advances to planters and others, for the purpose of developing the agricultural, the mechanical and the mineral resources and interests of the State, in loans on mortgages, on real or personal property of any and all kinds, and upon crops to be raised; to receive deposits of money and all other valuables of any kind, and to erect suitable offices and stores for their safe-keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange and promissory notes, and advance and loan moneys, securities and credits, and may charge and receive, in addition to interest, such a commission, provided such rate of interest and commissions does not exceed the rate allowed by law on advances of money and negotiating loans, and for storage, as may be agreed upon between said company and the party or parties so buying or selling such bonds, bills of exchange and promissory notes, or borrowing or receiving such moneys, securities or credits, and for storing such valuables, and the said company shall have power to take and hold as security for, or in payment of, any loans or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal, and said company shall have power to purchase, hold, sell, and exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates contracts, or other instruments, as may be necessary for the transaction of its business. May make advances. May receive deposits. May buy and sell bonds, etc. May charge commissi Further privileges. Sec. IV. That the said company shall have power to receive Page 194 moneys in trust or on deposit, and to invest or accumulate the same at such rate of interest as may be obtained or agreed on, or to allow such interest thereon as may be agreed on, provided such rate of interest does not exceed the rate allowed by law, shall have power to accept and execute all such trusts of every description as may be committed to them by any person or persons, or any corporations whatsoever, or may be committed or transferred to it by any 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 estates or trusts, created in accordance with the law 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 company shall, and are hereby authorized to act as trustees, by appointment of any court of this State, or by the election of any executor or executors, trustee or trustees, or cestui qui trust, or individual or individuals for themselves or for the benefit of any married woman, minor or minors, for whom they may be acting, and funds in litigation in the various courts of this State may be deposited in said Merchants' and Planters' Bank, pending said litigation, bearing interest at such rates as may be agreed on. May receive moneys in trust or on deposit. May execute trusts. May take and hold real or personal estate May act as trustee, when and for whom. Sec. V. That the business and corporate powers of said company shall be exercised by a board of not less than five directors, to be chosen as hereinafter provided, who shall elect from their number a president, and may declare by by-laws what number of directors shall be a quorum for the transaction of business. Directors of exercise the corporate powers. Sec. VI. J. J. Hagedorn, A. M. Eady, Daniel Merz, W. B. Higginbothern, J. R. Scott, W. E. White, J. M. Reed, J. W. Smith, B. L. Harris, Lawrence Smith and William Collins, named in the first section of this Act, or any two or more of them, shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and places, and for such amounts as they, or a majority of them, shall deem proper, but for no less amount than fifty thousand dollars, as hereinafter provided. The directors of said company shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held under the inspection of said commissioners, or any two of them, at such time and place as they may think best, to designate within ten days from the closing of the subscription called for by them, and on the second Tuesday in January in every year thereafter. No stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in, and if there should be no election of directors at any annual meeting as hereinafter directed, the directors then in office shall continue until the next election, in which the majority of the stockholders shall be represented either in person or by legal proxy. Commissioners to open books of subscription. Directorswhen and how elected. How stockholders shall vote after first election. Directors to hold over when. Sec. VII. That the principal office of the company shall be located in the city of West Point, Georgia, and the board of directors shall have power to establish agencies for the transaction of the business of said company at any place they may think proper, and to appoint such agents, officers or employs as may be considered Page 195 necessary, and may delegate power to transact any of its business to committees of directors, or to its officers or agents, as they shall deem proper; and said board of directors may, by a majority of their whole number, make such by-laws, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal and change the same at pleasure: provided , always, that the stockholders in convention shall have power to regulate and limit the discretionary powers conferred on the board of directors, and repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Principal office at West Point, Ga. Agencies may be established. Majority of directors may make by-laws. May adopt a corporate seal. Power of directorshow limited or restrained. Sec. VIII. That the minutes of the proceedings of the board of directors shall be kept, and the same shall be entered in a book provided for that purpose, and signed by the president, or chairman, or secretary; and these minutes shall at all times be subject to the investigation of any stockholder. Stockholders shall be entitled to certificates of their respective shares of capital stock, which shall be transferable as provided in said certificates, only that they cannot be transferred so long as the stockholder may be indebted or liable to the company. The stock of each stockholder shall always be bound for any debt, matured or maturing, that the stockholder may owe or be liable for to the company, either by indorsement, acceptance or otherwise; also, that each stockholder shall be individually liable for the payment of the debts of the company in proportion to the amount of stock held by them respectively, and the board of directors shall cause suitable books for the registry and transfer of such shares to be kept, and every such transfer, to be valid, shall be made on such books, and be signed by the shareholder, or his or her attorney, duly authorized in writing, and the board of directors may close the transfer books from time to time as the convenience of the company may require. Minutes of directors. Certificates of stocks. How transferred. Individual liability of stockholders. Sec. IX. That the board of directors, out of the funds of said company, shall defray the expenses and pay its debts, and declare and pay out of the surplus net profits of its business to the shareholders, or their duly authorized agents or attorneys, such dividends as they may deem expedient; such dividends shall, after the first six months the company has been in operation, be declared on the second Tuesday in January and July in each year, and due notice shall be given to shareholders of the amount declared and the time it will be paid to them or their legally authorized agents. Expen debts and net pr by wh and h paid. When dividends shall be declared. Sec. X. That any number of the stockholders of said company who own or represent at the time one quarter of the actual capital stock, may, by giving ten days' notice thereof in the LaGrange Reporter , or in one of the newspapers published in the city of Atlanta, call a meeting or convention of all the stockholders of the company at such time and place in the city of West Point as may be in said call designated; but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the company unless a majority of the stock shall be represented. How meeting of stockholders may be called. Sec. XI. That each stockholder shall pay ten dollars on each share at the time he subscribes for the same, and the board of directors Page 196 shall have the power to call in such other installments as they may think proper from time to time by giving ten days' notice in the LaGrange Reporter , or in one of the newspapers of the city of Atlanta, not to exceed twenty-five dollars on each share at any one time. Amount paid by each at time of subscribing. Sec. XII. That the board of directors shall make semi-annual statements of the conditions of said company on the second Tuesday of January and July in each year to its stockholders and to the Governor of the State (if required) of all its debts, liabilities and assets whatever, under oath, by their president and cashier, before a justice of the peace or other officer authorized to administer oaths; and such statements shall be kept in a book for the purpose for future reference. Semi-Annual statements to be made. Sec. XIII. That it shall not be lawful for said company to charge more interest than the legal rate per cent. per annum on any of its loans or discounts, and that all charges for interest over the legal rate per cent. per annum shall be forfeitable to the borrower; provided, however , that the claimant shall give notice to the president of said company by commencing suit within six months from the payment of said interest for the recovery of the extra interest. Rate of interest restricted. Sec. XIV. That this Act shall take effect immediately upon its passage, and shall continue in force for twenty-one years thereafter. Term of corporate existence. Sec. XV. 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 29, 1883. Page 197 TITLE II. RAILROAD AND CANAL COMPANIES. ACTS. Incorporating Spring Creek Canal and Improvement Company. Amending charter South Side Street Railroad Company. Incorporating Metropolitan Street Railroad Company. Incorporating Rome and Decatur Railroad Company. Amending charter Atlantic and Great Western Canal Company. Amending charter Cumming and Suwanee Railroad Company. Incorporating Sweetwater Manufacturing Railroad Company. Incorporating Georgia, Alabama and Tennessee Railroad Company. Amending charter Gate City Street Railroad Company. Incorporating Irwinton Railroad Company. Incorporating Brunswick Street Railroad Company. Incorporating Fulton County Street Railroad Company. Incorporating Savannah Street and Rural Resort Railroad Company. Amending charter Spring Creek Canal and Improvement Company. Amending charter Rome and Chattanooga Railroad Company. Incorporating Canal, Navigation and Land Company. Incorporating Turtle and Altamaha Rivers Canal Company. Amending charter Coast Line Railroad Company. Amending charter West End and Atlanta Railroad Company. TO INCORPORATE THE SPRING CREEK CANAL AND IMPROVEMENT COMPANY. No. 10. An Act to incorporate the Spring Creek Canal and Improvement Company, to grant certain privileges therein named, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That William H. Polleys, G. L. Lloyd, Robert T. Lloyd, Edgar H. Polleys, Abner D. Polleys, 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 Spring Creek Canal and Improvement Company, and by said corporate name shall be capable in law to make contracts, to sue and be sued, to buy, own and sell real estate and personal property, to Page 198 make by-laws, not inconsistent with the laws of the land; to have and use a common seal, 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 twenty-five years. Names of corporators. Name of corporation. General powers and franchises. Sec. II. That the capital stock of said company shall be fifty thousand 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 five hundred thousand dollars, ($500,000) 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 dollars ($100) being entitled to one (1) vote at the 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. Amount of capital stock. How divided into Stockhow issued and transferred. Each share entitled to one vote. Sec. III. That the said company shall have the right, power and authority to build, construct, own and maintain a canal, or slackwater navigation of such width, depth and dimensions, as it shall deem suitable, from or near the mouth of Spring Creek where the same may now be navigable, up or near the main channel of said creek through the county of Decatur until it reaches the line of Miller; that the said company shall have the right and power to deepen, widen and straighten said creek between the points designated; to remove obstructions of whatever nature, boom up lagoons, dam side shutes, turn divided streams into one main channel, build water-locks or reservoir dams wherever needed, for the purpose of improving the navigation of the stream, so that logs, timber or lumber can successfully run out at any season of the year, or stage of the water. The true intent and object of this Act being to encourage and authorize the opening of said Spring Creek, for the purpose of transporting into the Flint River, and to market the timber and lumber along the line of said stream; said company shall have the right and power to acquire by purchase, and to hold for its own use and purposes all rights-of-way or any other rights, property or franchises necessary to the carrying out the purposes of this charter. Right to build and operate canal. Route of canal. Right of way. Sec. IV. That the said company shall have the right to operate and use said creek or canal between the points designated, after the same has been improved and rendered navigable for timber, lumber and rafts, as 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 water-crafts, of any and every description, that may be transported over, conveyed or passed on and through the said canal or creek; that the rates of toll on timber, round, hewn, scab or sawed, from Cloud's Bridge to the mouth of said canal shall in no event exceed twenty (20) cents per stick, and on all sawed lumber other than timber, not to exceed forty (40) cents per one thousand Page 199 feet; and on all timber, round, hewn, scab or sawed, received from above Cloud's Bridge to the mouth of said canal shall in no event exceed forty (40) cents per stick, and on all sawed lumber other than timber, not in any event to exceed eighty (80) cents per one thousand feet. The said company shall have for its toll or charges such a lien on any property so passed, or passing over, or conveyed through, or being conveyed through said canal or creek between the points designated as aforesaid, as is provided for by section 1981 of the Code of 1882, until said toll 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 1882, section 1991. May operate said creek or canal for transporting lumber, etc. May charge toll. Rates of toll. Sec. V. That said company shall have the right to agree with and pay over to the owner or owners of all property through which said creek may be improved, all damages, if any, that may be done; and whenever any person shall feel aggrieved or injured by said canal being built, or creek improved or altered as aforesaid, 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 may be ascertained or determined by the written award of three (3) sworn commissioners, one to be chosen by the said company, one by the owner or person aggrieved, and these two shall select a third, and the three persons thus selected, or a majority of them, shall determine said amount of damages, and the same shall be paid by the said company to the person so damaged. The award of said commissioners shall be returned by them, within ten days after making the same, to the superior court of Decatur county, and shall, upon motion, at the next term thereafter, be made the judgment of said court, upon which judgment execution may issue against the said company; provided , that either party may, upon notice to the opposite party, within ten days, after notice of the rendition of said award, file in said superior court an appeal to the same, and upon said appeal an issue shall be made up, and the same shall be tried and determined at the first term, by the court and jury, as in other cases at law; and provided further, that in all cases where an appeal shall be taken from the award of said commissioners, such company shall be authorized to proceed in the construction of said canal, or the improvement and alteration of said creek as herein designated, upon giving to said owner or person aggrieved bond, with good security, in an amount to be fixed and approved by said commissioners, or the majority of them, for the payment of the amount which may be awarded by the jury upon the trial of said appeal. Damages for propertyhow ascertained, etc. Appeal allowed to either party. How tried. May give bond and proceed with work. Sec. VI. That any person injuring the property of said company, or who shall throw, or cause to be placed, earth, stones, trees, logs, rubbish, or any other matter or thing whatsoever, into said canal or creek improved or altered as aforesaid, and thereby injure or impede the free navigation of said stream, and the transportation of lumber, timber, or whatever may be tolled, or who shall willfully cut, break or injure in anywise any dams, water-locks, booms or Page 200 banks that may be built or erected by said company, shall be guilty of a misdemeanor, and, on conviction in any court having jurisdiction, may be fined, imprisoned, or both, at the discretion of the court, as prescribed in section 4310 of the Revised Code of Georgia of 1873 and the amendments thereto, 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. Sec. VII. That the said company shall have the exclusive privilege of constructing such water route for the purpose aforesaid, over a section of five miles in width, both sides of the present main channel of said stream, and said exclusive privilege shall not be abridged or taken away from said company or its assignees during the term of its incorporation; provided , that the work of construction is commenced within one year from the passage of this Act and finished within five years thereafter. Sec. VIII. That after the passage of this Act, as soon as the capital stock of said company has been bona fide subscribed and ten per cent. thereof paid in, the said corporation shall be organized by the election of a board of directors, who shall elect one of their own members as president, and such other officers as they may need, and shall pass such by-laws for the government of said corporation as the purposes of this charter may require. Sec. IX. Be it further enacted by the authority aforesaid , That all laws or parts of laws, local or public, in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1882. TO AMEND THE CHARTER OF THE SOUTHSIDE STREET RAILROAD COMPANY. No. 21. An Act to amend an Act to incorporate the Southside Street Railroad Company, for the purpose of building a street railroad on Pryor and Richardson streets, and other streets in Atlanta, Georgia, and for other purposes, approved September 30, 1881, so as to authorize and empower said Southside Street Railroad Company to construct, maintain and use other lines of street railroads in addition to those mentioned and provided for in said Original Act, so as to extend the line contemplated by that Act. 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. Section I. The General Assembly of Georgia do enact , That an Act to incorporate the Southside Street Railroad Company, for the purpose Page 201 of building a street railroad on Pryor and Richardson streets, in Atlanta, Georgia, and for other purposes, approved September 30, 1881, be, and the same is hereby amended so as to confer upon said Southside Street Railroad Company full power and authority (in addition to the lines of street railroad specified in the above mentioned Act) to also survey, lay out, construct and equip, use and employ an additional line of street railroad so as to make the following extension to the line authorized by said original Act, that is to saysaid company is hereby authorized and empowered to extend its line of street railroad along Richardson street to either Smith or McDaniel street, and then to extend south on either of said last mentioned streets to Glenn street or (if said company so elect) to either of the first two streets south of Glenn street, and parallel with the same; thence along said Glenn street or said first or second street south thereof, and parallel with the same, in the direction of Windsor street; thence on said Windsor street, or such street west thereof as may be selected by said company, south to the public road; thence to continue along said public road as far as McDonough street where said McDonough street crosses the Cincinnati and Georgia railroad. Right to extend line granted. Routes indicated for extension. Sec. II. Be it further enacted by the authority aforesaid , That all the rights, powers, privileges and immunities granted to said company by said original Act are continued of force, and shall apply to the extension that may be built under authority conferred by this Act, including the provision that no other street railroad company shall hereafter occupy, with its railroad, any street occupied by said Southside 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 Southside street railroad for more than three (3) city blocks Rights granted in original charter applied to extensions. 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 9, 1882. TO INCORPORATE THE METROPOLITAN STREET RAILROAD COMPANY, ETC. No. 37. An Act to incorporate The Metropolitan Street 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 Julius L. Brown, Marshal J. Clarke, Jacob Haas, Lemuel P. Grant, Joseph Hirsch, John H. James, E. W. Cole, H. B. Plant and Theodore Cook and their associates, successors and assigns be and they are hereby incorporated and made a body corporate and politic Page 202 under the name and style of The Metropolitan Street Railroad Company. Names of corporators. Name of corporation. Sec. II. Said corporation by said name shall have continuous succession, and shall be able and capable to sue and to be sued, to plead and be impleaded unto, and may have and use a common seal and may alter and renew the same at pleasure and may make, alter and repeal such by-laws, governing its own members, officers, attorneys, agents, employs and persons dealing or having business with it, as it deems proper; provided , said by-laws are not in conflict with the laws of this State, or of the United States, and it may make contracts, borrow money, issue bonds, notes and other evidences of debt, and secure the same by such mortgages or deeds of trust as it deems proper. And it may acquire, purchase, receive and hold such property, real and personal, as it deems best and most profitable to its purposes, and may dispose of any part thereof not absolutely necessary to the running of its road at pleasure. It shall have power to fix rates of tolls for carriage of persons and property and to collect the same, and it shall have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. General powers and franchises. Rates of fare may be fixed by company. Sec. III. Said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines or routes of street railroad in the city of Atlanta, as follows, to wit: A line or route of street railroad beginning at South Pryor street near the union passenger depot in the city of Atlanta, and running thence along Pryor street to Fair street (or if the route be deemed more practical, to Garnett street, thence to Loyd street, thence to Fair street) thence along Fair street to Pulliam street, thence along Pulliam street to Clarke street, thence along Clarke street to Washington street, thence along Washington street to the limits of the city of Atlanta, and to such point or points in Fulton county, not exceeding two miles and a half from said city limits, as it deems best; also, a line or route of street railroad in the city of Atlanta, beginning at said point on Pryor street and thence running along Pryor street to Hunter street, and thence along said street to McDonough street, and thence to Fair street, and thence along said street to the city cemetery, thence to the cotton factory, and thence to what is known as Grant's Park, and thence to such point in Fulton county as it may deem best, not exceeding two miles and a half beyond the city limits of Atlanta; said corporation may, if it deems it more practical to do so, continue its road along Hunter street to said cemetery, or it may continue its road along said Hunter street to such cross street as is best suited to depart from the same and to enter Fair street and thence continue its road as above provided; also, a line or route of street railroad in the city of Atlanta, beginning at said point on said Pryor street and running along said street to such point of departure therefrom as may be best, and thence along whatever street may be deemed most practical, cheapest and most remunerative, and to the best interest of the company, to the town of West End, and to such point or points in Fulton county as it deems best, not exceeding one mile beyond the limits of Page 203 West End; and said corporation shall also have power and authority from time to time to survey, lay out, construct, equip, use and enjoy such other routes or lines of street railroad in the city of Atlanta, in addition to those specially named in this Act, and to extend any, or all of those named; and build branches thereto, whenever it deems it to its interest so to do, and whenever there will be patronage enough to justify it in so doing. May survey, construct and equip lines of street railroads in Atlanta. Specification of routes. Specification of routes continued. May survey, construct and operate other lines. Sec. IV. Before said corporation shall begin its work upon any of its lines in the city of Atlanta, it shall first obtain the assent of the corporate authorities of said city to the same; and before it shall begin work in West End, it shall also first obtain the assent of the corporate authorities thereof; and before its tracks are laid upon any public road, beyond the limits of said city, or said town, it shall first have and obtain the consent of the proper authorities of Fulton county thereto. Consent of corporate authorities required. Consent of proper authorities of county. Sec. V. Said corporation, for the purpose of making a connected line, or for the purpose of crossing any other street railroad, with its road, may lay its tracks upon and occupy with its railroad or tracks, any street or streets upon which any other street railroad company may have its tracks, or may have the right to lay its tracks at the time; provided , it does not at any one place occupy more than five full city blocks front, contiguous to each other, and if the proper municipal authorities determine that the street or streets so sought to be occupied by the tracks of both roads is not wide enough for both of said roads to have separate tracks, and at the same time to leave space enough for the passage of the vehicles, then, and in that event, said corporation shall have power and authority to condemn to its use such parts of said other railroad as may be necessary for the purpose of making a connected line, or of crossing any other street railroad with its road, not exceeding in any one place three full city blocks front contiguous to each other. Said condemnation shall be made after the decision is made as aforesaid, by said municipal authorities, that such condemnation is necessary to the convenience of the city in the exercise of its control over the streets of said city, by pursuing the provisions and mode pointed out in section six of this Act; and said track or road so condemned shall be used by each of said roads, each having equal rights thereon; and in maintaining said track or road so used in common, each company using the same shall pay pro rata in proportion to the number of cars run on said track; provided , that the part of said track of any other railroad company, which may be condemned with the consent of said municipal authorities, shall be so used by each of said companies using the same; that neither one shall damage the business of the other nor delay its cars running upon said track so condemned. May occupy streets with other lines. May condemn track of another company. Limitation of this right. Incidents to the joint use of track. Sec. VI. Should said corporation find it necessary, in the construction of its road or roads, to have the lands of private persons or corporations, said corporation may acquire the same by pursuing the mode pointed out and prescribed in section twelve of an Act to provide a general law for the incorporation of railroads, and to regulate the same, approved September 27, 1881, and found upon pages 161, 162 and 163 of the printed volume of laws of 1880 and 1881. Right of way. Page 204 Sec. VII. The capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each. Said capital stock may be increased from time to time to any sum not exceeding two hundred thousand dollars, provided said increases be authorized in each instance by a direct vote of a majority of all the stock of the company at an annual or at a special meeting called for that purpose. But said corporation may organize and commence business whenever the sum of ten thousand dollars is subscribed. Stock. Organization, etc. Sec. VIII. 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 shall be paid in cash, or that which such persons may deem its equivalent, in installments as called for by the board of directors. Said persons named shall act as a provisional board of directors until said corporation is organized, which shall be done within thirty days after the requisite subscriptions are obtained. Books of subscription. Subscriptionshow paid. Provisional board of directors. Sec. IX. The affairs of said corporation shall be managed by a board of directors, to consist of five persons, themselves stockholders in their own right, a majority of whom shall constitute a quorum. They shall be elected annually by the stockholders at such time and place as may be fixed in the by-laws, and such time and place shall be published at least ten days before the election, in some paper published in Atlanta. They shall hold their offices until their successors are elected. They shall elect one of their number president and another vice-president, and they shall have such powers and duties as may be prescribed in the by-laws. The directors shall have full power and authority to manage and conduct, and to prescribe rules for managing and conducting all the business of the corporation, of every kind. Board of directors. Tenure of office. President and Vice-President. Powers of directors. Sec. X. This charter shall be and continue for the term of fifty years, with the privilege of renewal at the end of said time, and it is granted after the mayor and general council of the city of Atlanta have 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. Duration of charter. Consent of mayor and council of Atlanta necessary. Sec. XI. And be it further enacted , That all laws and parts of laws, whether contained in general laws or in charters, in conflict with this Act be, and the same are hereby repealed. Approved December 12, 1882. Page 205 TO INCORPORATE THE ROME AND DECATUR RAILROAD COMPANY, Etc. No. 84. An Act to incorporate the Rome and Decatur Railroad Company, with power to build branch roads, 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 Daniel S. Printup, T. F. Howell, James T. Woodward, John H. Reynolds, John C. Printup, C. D. Forsyth, Samuel Morgan, Robert P. Sibley, Joseph J. Printup, and others, their associates who may become stockholders in said company, be, and they are hereby created a body corporate under the name and style of the Rome and Decatur 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. Names corporators. Name of corporation. Corporate powers. 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 and for the government of said company as are reasonable and just, and not inconsistent with the Constitution and laws of this State and the United States. Rules and by-laws. Sec. III. Be it further enacted , That said company shall have the power and authority to survey, lay out, construct and equip, and use a railroad of such gauge as they may elect, from the city of Rome, Georgia, in the county of Floyd, to the Alabama State line, in a westerly direction to Decatur, Alabama, 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. Route. May charge for transportation. Sec. IV. Be it further enacted , That the capital stock of said company shall be one million dollars, to be divided into shares of one hundred dollars each, which said capital stock may be increased to a sum not exceeding three millions of dollars, and books for the subscription to said capital stock shall be opened by the incorporators under this Act, or any three of them, at such times and places in this State as may be agreed upon by said incorporators, or any three of them. Capital stock. Books of subscription. Sec. V. Be it further enacted , That when the sum of one hundred thousand dollars shall have been bona fide subscribed to the capital stock of said company, it shall be the duty of the corporators, or any three of them, to call a meeting of the stockholders at such place as may be agreed on by them, of which meeting ten days' notice shall be given in a newspaper published in the city of Rome, Georgia, at which meeting the stockholders shall elect five or 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 Page 206 and at all elections a majority of the stock subscribed shall be represented in person or by written proxy. Organization. Directors. President. 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 him or her, and the votes shall be cast by the stockholders in person, or by proxy in writing. Terms of office. Stockholders' meetings, etc. 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 . Secretary and Treasurer. Salaries of officers. Vacancies. Sec. VIII. Be it further enacted , That said company shall have the power, as soon as one hundred 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. Building of road. Sec. IX. Be it further enacted , That as soon as any stockholder has paid up the full amount of stock subscribed by him or her, a certificate of stock shall be issued to him or her therefor, 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 in the books of the company by the owner thereof, or by his or her attorney in fact, appointed for that purpose. Certificates of stock. How transferred. 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. Acquisition of 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 lands 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 witness as the parties desire, and assess the damages; 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. They party moving shall, in all cases, give to the opposite party ten days' notice Page 207 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 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. Right of way. Rule for estimating damages. Trial. 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. Width of right of way. Sec. XIII. Be it further enacted , That the said Rome and Decatur Railroad Company, acting by their board of directors, may borrow money by the issue of the bonds of the said company, of such amount or amounts, and of such denomination as the said board of directors may prescribe, with interest coupons annexed, payable semi-annually in the city of New York, the principal of which bonds shall become due at such times as said board of directors may prescribe; and for securing the payment of said bonds, the said railroad company, by the said board of directors, may make and execute a mortgage to trustees of the whole property of said railroad company, real, personal or mixed, of every kind and description whatsoever, including the franchises thereof, the right of way, the road-bed, iron, engines, cars, depots and rolling stock, rights and credits, which said mortgage and bonds and coupons shall be valid and binding, when signed by the president of the board of directors and countersigned by the treasurer of said company. Issue of bonds. Payment of bonds. Sec. XIV. Be it further enacted , That the Rome and Decatur Railroad Company may adopt and locate their line of road on the whole or any part or portion of the line of road heretofore located and held by any railroad company, and the same shall inure to the benefit of said Rome and Decatur Railroad Company upon complying with the terms of this charter for acquiring rights of way. Use of lines of other roads. Sec. XV. Be it further enacted , That said railroad company shall have the right to purchase or unite with any other railroad in this State, or other States, and its property and franchise, or any part thereof, upon such terms and conditions as may be agreed on by the stockholders of all the contracting parties or companies; provided , that no such contract shall have the effect to defeat or lessen competition or to encourage monopoly. May unite with other roads. Sec. XVI. 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. Stockholdershow liable for debts. Sec. XVII. Be it further enacted , That the principal office and place of business of said company shall be at Rome, Floyd county, Georgia. Principal office. Sec. XVIII. Be it further enacted , That the board of directors may at any time call special meetings of the stockholders at the principal Page 208 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. Ten days' notice shall be given in a newspaper in Rome, Georgia, of any special meeting. Special meetings of stockholders. Noticeof meeting. Sec. XIX. 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 July 30, 1883. TO AMEND THE CHARTER OF THE ATLANTIC AND GREAT WESTERN CANAL COMPANY. No. 112. An Act to amend the charter of the Atlantic and Great Western Canal Company, approved October 27, 1870, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the said company be and they are hereby authorized to sell, lease or rent the water in their canal, its branches and feeders, to any city or town through which they may pass, for domestic use or sanitary purposes or as a motive power for mills and factories, and for this purpose the said company may acquire and hold such property as may be necessary for these purposes, and the company shall have power to discharge the water of said canal into any stream from which it may be taken or into any other stream. In case said canal company shall damage the property of any individual or corporation by discharging the water of said canal, the said company shall be liable to damage therefor. May lease the water in canal. May acquire and hold property, etc. May discharge water into any stream. Liable for damages, etc. 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 28, 1883. TO AMEND SECTIONS 6 AND 8 OF AN ACT INCORPORATING THE CUMMING AND SUWANEE RAILROAD COMPANY. No. 114. An Act to alter and amend sections six and eight of an Act entitled An Act to incorporate the Cumming and Suwanee Railroad Company, approved September 28, 1881, 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 above-recited Act be, and the same is, amended as follows, to-wit: Between the words railroad Page 209 and as in the fourth line of the sixth section, add the words `or any branch road from it, so that said section, when so amended, shall read as follows: That said company shall have full power and authority to survey, lay out and construct a railroad, board or narrow gauge, from the town of Cumming to Suwanee, or to any other point on the Atlanta and Charlotte Air-Line Railroad, or any branch road from it, as may be agreed upon by said company or its representatives. Also, from section eight of said Act, strike out the words twenty thousand from the eighth line and insert in lieu thereof the words ten thousand, so that said section, when so amended, shall read as follows: That from and after the passage of this Act, 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 election; provided , that no organization of said company shall take place until ten thousand dollars have been bona fide subscribed to the capital stock, and twenty per cent. thereof shall have been actually paid in. How 6th section is amended. How 8th section is 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 4, 1883. TO INCORPORATE THE SWEET WATER MANUFACTURING RAILROAD COMPANY, ETC. No. 117. An Act to incorporate the Sweet Water Manufacturing Railroad Company, and to define its rights, powers and privileges, and to authorize said railroad to consolidate its road with any other roads incorporated in this State, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That John B. Gordon, A. H. Colquitt, John M. James, James A. Watson, F. P. Rice, J. S. James, John C. Bowden and W. A. James, or a majority of them, are hereby constituted a body corporate and politic, by the name and style of the Sweet Water Manufacturing 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 personal property, which they may deem necessary and proper for the use of said railroad company. Names of corporators. Of corporation. General powers. 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. Page 210 Sec. III. Be it further enacted , That when the sum of twenty thousand dollars shall have been subscribed to the capital stock of said company, and ten per cent. thereon shall have been paid in, 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 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 ten per cent. has been paid; provided , that no one shall be excluded from voting if the ten per cent. has not been called for. Meeting to elect Directors. Directors. President. By-Laws. Each share to have one vote. Sec. IV. Be it further enacted , That when said board of directors shall have been duly elected as heretofore prescribed in section three 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. Corporators to turn over books, etc., to directors. Sec. V. Be it further enacted , That the said company shall have power to construct, maintain, equip, and use a railroad from Salt Springs in Douglas county, Georgia, on the Georgia Pacific Railway, running in a southern direction down and along, or near, Sweet Water Creek to the point at which it empties into Chattahoochee River on the line between the counties of Campbell and Douglas; and that the right of way of said company shall not exceed two hundred feet in width. Route. Width of right-of-way. Sec. VI. 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 owner, or a trustee, executor, administrator or guardian) cannot agree upon a 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 the 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 Page 211 the law in relation to appeals to the superior courts. The sheriff shall have the sum of five dollars 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 the said company, and the said company may then proceed with the building of said road. How right-of-way may be secured. Mode of assessing damages. Notice to be given. Appeal. Jury fees allowed. Witness fees. Sec. VII. Be it further enacted , That said company shall have the 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 freeholders, 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. Land in payment of subscriptions. May dispose of lands. Sec. VIII. 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 politic and corporate under the name and style of the Sweet Water Manufacturing Railroad Company, with perpetual succession, and the rights, powers and privileges and liabilities usual and necessary to such corporations. Organization. Usual powers and liabilities vested in. Sec. IX. Be it further enacted , That as soon as this Act is passed, any one of said incorporators, selected by a majority, may proceed at once to take donations in money, land or other property, for the benefit of said company, and to receive any and all propositions of any kind leading to the building and establishment of said railroad, the same as if said company had met and elected a regular board of directors; said propositions to be made to said company in writing and attested by at least one witness. Either corporator may receive donations. Sec. X. Be it further enacted , That said company may consolidate its road with any road incorporated under the laws of the State of Georgia, on such terms as may be agreed to by them; provided , such consolidation is not in conflict with any provision of the Constitution of this State. May consolidate with other roads. Sec. XI. 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 4, 1883. Page 212 TO INCORPORATE THE GEORGIA, ALABAMA AND TENNESSEE RAILROAD COMPANY, Etc. No. 137. An Act to incorporate the Georgia, Alabama and Tennessee Railroad Company and to grant certain powers and privileges to the same, and to provide for the building of its branches; and to authorize said road to consolidate its road with any other road incorporated in the States of Georgia, Alabama and Tennessee; and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, that John B. Gordon, Alfred H. Colquitt, R. H. Temple, J. W. Johnston, Bernard Peyton, J. A. Montgomery, J. S. James, James A. Watson, John M. James and W. A. James, or a majority of them, are hereby constituted a body corporate and politic, by the name and style of the Georgia, Alabama and Tennessee 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 personal property which they may deem necessary and proper for the use of said railroad company. Names of corporators. Name of corporation. General powers. 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 three million dollars. [Illegible Text] divided. Amount of. Sec. III. Be it further enacted , That when the sum of one 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 qualified; and such board of directors as well as those 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. Organization of company. Directors. President of the board. Officers and agents. Sec. IV. 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. Sec. V. Be it further enacted , That the said company shall have power to construct, maintain, equip, build, establish and operate, and use a railroad from Rome, Georgia, in the county of Floyd, in said State, through the following counties in said State of Georgia, Page 213 to-wit: Floyd, Polk, Paulding, Cobb, Haralson, Douglas and Carroll counties. Said railroad to run from Rome, Georgia, by way of Buchanan, in Haralson county, to Carrollton, or Bowden, in Carroll county, Georgia; and that the right of way of said company shall not exceed two hundred feet. Right-of-way. Sec. VI. 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. Books of subscription. Sec. VII. 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, the said company and its successors shall be deemed, held and considered a body corporate and politic under the name and style of the Georgia, Alabama and Tennessee Railroad Company, with perpetual succession and the rights, powers and privileges usual and necessary to such a corporation. Body corporate. Sec. VIII. 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 Carrollton or Bowden, in Carroll county, passing through the counties of Floyd, Polk, Paulding, Cobb, Douglas, Haralson and Carroll. And said company shall have power to accept, purchase, lease, have, 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 the headquarters of said company shall be at Carrollton, Carroll county, Georgia; but said headquarters may be moved at any time by a majority vote of all the stockholders of said company. May hold and convey property. May erect needed buildings. Headquarters. Sec. IX. And 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 as 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 damages, and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the benefit 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 superior court of the county, by complying with the law in relation to appeals to the superior courts. The sheriff shall have for his services the sum of five dollars, and the jurors shall Page 214 have the sum of one dollar each for every day they may serve, and the witnesses seventy-five cents per day each, to be paid by said railroad company; and the sheriff or his deputies shall have power to swear the jury and witnesses in all such cases, and when the assessment made shall be paid, then the title to the land shall vest in said company. Right-of-way. Jury to be sworn. Damages for right-of-way assessed. Right of appeal. Fees of sheriff and jurors. How paid. Title shall vest in railroad company when. Sec. X. 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. Land received as subscription. Sec. XI. And be it further enacted , That until a board of directors shall have been duly elected and installed into office, the corporators, or a majority of those named, shall have all the powers of the board of directors to be elected, and may do and perform every act that said board of directors may, might or could do when legally and regularly elected. Sec. XII. 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. Company may loan, borrow money. Sec. XIII. And be it further enacted , That, in failure of said corporation, the stockholders shall be bound, in their private capacity, to any creditors 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. Individual liability, etc. Sec. XIV. 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 the laws of this State, the State of Alabama, or Tennessee, upon such terms and understanding as may be agreed on by them. May consolidate with other railroads. Sec. XV. Be it further enacted , That said railroad company shall have power to locate depots, establish towers, water-tanks, section houses, and any and all other buildings and machinery that may be necessary for its construction and operation, and for this purpose may receive donations in money, land, or property of every kind and character that may be to the best interest of its construction and operation. Sec. XVI. Be it further enacted , That as soon as this Act is passed and approved, any one of said incorporators, selected by a majority, may proceed at once to take donations for money, land, or property, to said company, and to receive propositions of any kind to said company, as same as if said company had met and elected a board of directors; said propositions to be made to said company shall be attested by at least one witness, and must be made in writing. May take donations. Sec. XVII. Be it further enacted , That said railroad company shall have power to consolidate its road with any road incorporated under Page 215 the laws of Georgia, Alabama or Tennessee, and to build, construct and operate such branches from its main line, through the counties mentioned in this Act, as it may deem to its best interest. May consolidate with other roads. Sec. XVIII. 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 5, 1883. TO AMEND AN ACT TO INCORPORATE THE GATE CITY STREET RAILROAD COMPANY. No. 139. An Act to amend an Act entitled An Act to incorporate the Gate City Street Railroad Company, and for other purposes therein mentioned, approved 26th day of September, 1879, and amended the 28th day of September, 1880, so as to authorize said company to extend its street railroad into and throughout any and every part of the county of DeKalb, should said company so desire; also, to authorize said company to increase its capital stock to five hundred thousand dollars, and also to authorize said company to use and employ steam in transporting its cars over its lines, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section one (1) of the amendatory Act approved 28th of September, 1880, thereby amending the Act incorporating the Gate City Street Railroad Company, which was approved 26th of September, 1879, be, and the same is, hereby amended as follows: By adding in the seventh line of said section after the word city, to-wit: And also to extend its lines of railroad into and throughout the county of DeKalb; provided , said company shall obtain the consent of the corporate authorities of the town of Decatur before occupying any of the streets within the corporate limits of said town, thereby making the said section, when so amended, read as follows, to-wit: 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 lay out, construct and equip, use and employ railroads on all the streets of the city of Atlanta, and in the county of Fulton, outside of said city, and also to extend its lines of railroad into and throughout the county of DeKalb; provided , said company shall obtain the consent of the corporate authorities of the town of Decatur before occupying any of the streets within the corporate limits of said town, 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 Page 216 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 said Gate City Street Railroad, 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. May extend road throughout DeKalb county. Proviso as to the occupation of same street by two lines. Sec. II. Be it further enacted by the authority aforesaid , That section two (2) of said amended Act, approved September 28, 1880, amending the charter of the Gate City Street Railroad Company, be amended to-wit, as follows: Section 2d. of Act of September 28, 1880how amended. By striking out, in the seventh (7) line of said section, the words, in no event shall, and adding, in the same line, after the word company, the word, shall; also, adding in the next and eighth (8) line of said section, after the word cars, the words, on its various lines, except that; also, in the next and ninth line of said section, after the word, Atlanta, striking out the word without, and also, in the last line of said section, after the word council, adding thereto the words, shall be first obtained, and which shall be, thereby making said section, when thus so amended, read as follows, to-wit: That said Gate City Street Railroad Company shall not have the power or authority to survey, construct, equip or sue 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 said company shall have the right to use steam for the purpose of moving its cars on its various lines; provided , that the said company shall be required to obtain the consent of the mayor and general council of Atlanta, and the town authorities of the town of Decatur, expressed by resolution duly passed, before it shall be authorized to use steam on any portion of its lines within the corporate limits of the city of Atlanta or the town of Decatur. Section as amended. Sec. III. Be it further enacted by the authority aforesaid , That section three (3) of the original Act, incorporating the said Gate City Street Railroad Company, approved September 26, 1879, be amended by striking out the word fifty in the second line of said section, just after the words increased to, and inserting in lieu thereof the words five hundred, thereby making said section read, when so amended, to-wit, as follows: That the capital stock of said company shall be seven thousand dollars, which may be increased to five hundred thousand dollars should the business of the company so require it, books of subscriptions for which shall be opened in Atlanta and at any other points in the United States which may be deemed advisable. Said stock shall be divided into shares of one hundred dollars each, and be issued and transferable in such manner and upon such conditions as the board of directors of said company may determine, each share of one hundred dollars being entitled to a vote at such time and in such manner as the company shall by its by-laws prescribe. Section 3, of original Act of incorporation amended. Section 3, of original Act as amended. Page 217 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 5, 1883. TO INCORPORATE THE IRWINTON RAILROAD COMPANY. No. 167. An Act to incorporate the Irwinton Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas N. Beall, Alexander Baum, James G. Ockington, Franklin Chambers, John T. Lingo, Joel A. Smith and Joel J. Butter, and such other persons as may be associated with them, be, and they are hereby constituted a body politic and corporate under the name of The Irwinton Railroad Company, to continue to them and their successors in office for the term of fifty years, and as such corporation may sue and be sued, plead and be impleaded, in the courts of this State; may have and use a common seal; may purchase, hold and convey any real or personal property necessary or convenient to the purpose of this charter, and may exercise in general all powers and privileges incident to similar corporations. Names of corporators. Name of corporation. Duration of franchise. General powers. Sec. II. Be it further enacted , That said company shall have power and authority to organize as a board of directors, to continue in office until there shall be a regular election of directors under the provisions of this charter, and the by-laws to be adopted by said company; to open books of subscription for the capital stock of said company, which shall be divided into shares of one hundred dollars each, and shall not exceed twenty-five thousand dollars; to issue bonds, borrow money and make all other contracts necessary for the furtherance of the purposes of this charter. Corporators may organize. Amount of capital stock. May issue bonds. Sec. III. Be it further enacted , That said company shall have power and authority to survey, lay out, construct, equip, and operate a railroad from the right of way of the Georgia Central Railroad at station number sixteen of said railroad, in the county of Wilkinson, to Irwinton in said county, by any convenient and practicable route which may be selected, and to transport and carry over said railroad passengers and freight for reasonable compensation. May contract and operate a railroad. May transport freight and passengers. Sec. IV. Be it further enacted , That in the election of the board of directors, each share of the capital stock of said company shall entitle the holder to one vote, which may be cast in person by the holder thereof or by proxy, as said holder may deem proper or convenient. Sec. V. Be it further enacted , That questions of right of way which cannot be settled by agreement between the parties shall be arbitrated as follows: one arbitrator shall be selected by the land-owner, his agent or attorney, and one by said company, who shall consider and determine the damages if they are able to agree upon the same, if unable to agree these two shall select a third arbitrator, and a Page 218 majority of the three shall assess the damages, either party being entitled to appeal to the superior court of said county of Wilkinson within ten days after notice of the decision of the arbitrators, which notice shall be given by said arbitrators in writing as soon as practicable after making the decision; provided , nevertheless, that said right of way shall not extend more than fifty feet from the centre of the track on each side of said railroad. Arbitration. Appeals allowed. Right-of-waywidth of. Sec. VI. Be it further enacted , That said company shall have full power and authority to run over or cross any of the public roads in said county or public streets of said town of Irwinton which may be in the route of said railroad as located and determined by the engineers of said company. Sec. VII. Be it further enacted , That said company shall have power to make and enforce such by-laws as shall be necessary and proper for the government of said corporation. May make and enforce needed by-laws. Sec. VIII. 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 12, 1883. TO INCORPORATE THE BRUNSWICK STREET RAILROAD COMPANY, ETC. No. 192. An Act to incorporate the Brunswick Street Railroad Company, and to define its rights, powers and privileges. Whereas, the Mayor and Council of the city of Brunswick have granted permission to R. B. Reppard, W. E. Kay, C. P. Good-year and their associates to contract and operate a street railroad in the city of Brunswick, Georgia, upon certain conditions in said ordinance prescribed. Section I. Be it enacted by the General Assembly of the State of Georgia , That C. P. Goodyear, R. B. Reppard, W. E. Kay, and such other persons 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 Brunswick Street Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, in any court of law and equity in this State, or where their rights may come in question; may have and use a common seal, and the same to alter or destroy at pleasure, and purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary for the purposes hereinafter set forth, or which they may acquire in the progress of their business. Names of corporators. Name of corporation. General franchises and powers. Sec. II. Be it further enacted , That the said company shall have the power and authority to survey, lay out, construct and equip, use and employ street railroads in the city of Brunswick, the property of said company to be subject to the same State, county Page 219 and city taxes as the property of individuals in said city of like value, as is or may be subject to, unless the city council should at any time think fit to exempt the same, either in whole or in part, from the payment of city taxes. Property of subject to taxation. Sec. III. Be it further enacted , That the persons before named, or any three of them, shall be authorized to receive subscriptions to the capital stock of said company, which shall be one hundred thousand dollars, and which may be increased, from time to time, to three hundred thousand dollars, as the business of the company may require it. Corporators may receive subscriptions. Amount of capital stock. Sec. IV. Be it further enacted , That the affairs of the Brunswick Street Railroad Company shall be managed by a president, who shall be a director, and four other directors to be elected by the stockholders; each share of stock shall entitle its holder to one vote, and the president and directors shall have power to appoint and employ all such officers, agents and other servants as they shall deem necessary to attend to and transact the business of the company, and to establish all by-laws, rules and regulations for the government of the same, and to do all acts therein which may not be inconsistent with the laws of the land. Affairs of companyhow managed. Each share one vote. Directors may make rules, by-laws, etc. Sec. V. Be it further enacted , That the said Brunswick Street Railroad Company shall not employ any steam engine upon their lines without consent of the city council, who, in granting the order allowing the same, shall prescribe the rules to be observed by said company and individuals, to avoid injury to persons or property by the use of said engines. When may use steam. Sec. VI. Be it further enacted , That the said Brunswick Street Railroad Company may extend any one or more of their lines of road in the county of Glynn, over and beyond the corporate limits of said city, not more than three miles from the present corporate limits, should they see proper so to do, and in that event the damages to the owners of the strip or strips of land through which said road may run, shall be ascertained and settled in the same manner as is prescribed by the charter of the Macon and Brunswick Railroad Company. May extend lines beyond corporation. Damages for right-of-way. Sec. VII. Be it further enacted , That the said Brunswick Street Railroad Company may convey upon their lines either passengers or freight, as the exigencies of the business and public wants may require. May convey passengers of freight. Sec. VIII. Be it further enacted by the authority aforesaid , That this charter shall continue in force for fifty years from the approval of this Act. Duration of charter. 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 14, 1883. Page 220 TO INCORPORATE FULTON STREET RAILROAD COMPANY, Etc No. 197. An Act to incorporate the Fulton County Street 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 James W. English, J. Henry Porter, William T. Newman, William A. Hemphill, Henry L. Wilson, William D. Luckie, Robert A. Bacon, David C. Black, Joseph S. McDonald, Augustus Shaw, 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 Fulton County Street Railroad Company. Names of corporators. Name of corporation. Sec. II. Be it further enacted , That before said corporation shall begin its work upon any of its lines of railroad in the city of Atlanta, it shall first obtain the assent of the corporate authorities of said city to the same, and before it shall begin its work on any of the public roads in the county of Fulton beyond the limits of said city, it shall first obtain the assent of the board of commissioners of roads and revenues of Fulton county. Must obtain consent of corporate authority. Consent of road commissioners required. Sec. III. Be it further enacted , That said corporation shall have full power and authority to survey, lay out, construct and equip, use and enjoy lines or routes of street railroad in the city of Atlanta and in the county of Fulton, as follows, to-wit: a line or route of street railroad beginning at North Pryor street near the Union Passenger Depot, in the city of Atlanta, and running thence along Wall street to Peachtree and along Peachtree to Marietta street, (or if the route be deemed more practical, along Pryor street to Decatur street and thence along Decatur street to Marietta street,) thence along Marietta street to North Forsyth street, thence along North Forsyth street to Walton street, thence along Walton street to Spring street, thence along Spring street to West Baker street, thence along West Baker street to West Peachtree street, and thence along West Peachtree street to the city limits, thence along West Peachtree street road or by the most practicable route to a point south of Peachtree Creek, on Peachtree road, not exceeding two and one-half miles from the city limits; also, a line or route of street railroad in the city of Atlanta, and in the county of Fulton, beginning at the junction of West Peachtree street and North Avenue, running along North Avenue to Peachtree street, thence along Peachtree street to the city limits, thence along Peachtree road to the residence of John Woods, near the three-mile post, on said road; also, a line or route of street railroad in the city of Atlanta and in the county of Fulton, beginning at the junction of West Peachtree street and Pine street and running thence along Pine street to Blackman street and thence along Blackman street to Jackson street, thence along Jackson street to the city limits, thence along Jackson street road and Page 221 to Wilson Park by the most practical route, not to exceed two miles from the limits. Lines marked out. Sec. IV. Be it further enacted , That said corporation shall also have power and authority from time to time to survey, lay out, construct, equip, use and enjoy such other routes or lines of street railroad in the city of Atlanta, and in the county of Fulton, in addition to those especially named in this Act, and to extend any or all of those named, and build branches thereto whenever it deems it to its interest so to do; provided , that before said corporation commences to construct any part of such line or lines, or routes, it shall obtain, if such construction is to be within the corporate limits of the city of Atlanta, the consent of the proper authorities of said city, and if such construction is to be without the city limits it shall obtain the consent of the proper county authorities of the county of Fulton. Whenever said contemplated street railroad shall desire to pass over the lands of another, and said street railroad company and the owner of said land fail to agree as to the compensation for such right of way over such lands, said owner shall have the right to select one arbitrator and the said company shall have the right to select an arbitrator and a third arbitrator shall be chosen as umpire, whose proceedings and powers shall be the same as allowed and authorized by the Code of 1882 in other cases submitted to arbitration. May survey and build other lines. Consent of city authorities for city. Of road commissioners for county. Right-of-way. Sec. V. Be it further enacted , That this corporation is hereby granted all the rights, powers, franchises and privileges heretofore to the Metropolitan Street Railroad Company in sections two (2), five (5), six (6), eight (8) and nine (9) of an Act entitled an Act to incorporate the Metropolitan Street Railroad Company, and to define its rights, powers and privileges and for other purposes, approved December 12, 1882, and said sections two, five, six, eight, and nine are hereby made a part of the charter of the Fulton County Street Railroad Company. Franchises granted. Sec. VI. Be it further enacted , That the capital stock of said cor poration shall be fifty thousand dollars, divided into shares of twenty-five dollars each. Said capital stock may be increased from time to time to any sum not exceeding two hundred and fifty thousand dollars; provided , said increase be authorized in each instance by a direct vote of a majority of all the stock of the company at an annual meeting or at a meeting called for that purpose. But said corporation may organize and commence business whenever the sum of seven thousand dollars is subscribed. Amount of capital stock. May be increased. When may begin work. Sec. VII. Be it further enacted , That this charter shall be and continue of force for the term of fifty years with the privilege of renewal at the end of said time. Duration of charter. Sec. VIII. 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 17, 1883. Page 222 TO INCORPORATE THE SAVANNAH STREET AND RURAL RESORT RAILROAD COMPANY. No. 266. An Act to incorporate the Savannah Street and Rural Resort Railroad Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That Maxime J. Desverges, James J. McGowan, Francis J. Ruckert, George Dieter, together with such other persons as may become associated with them under this Act be, and they are hereby created a body corporate and politic by the name of the Savannah Street and Rural Resort Railroad Company, and that by that name they and their successors and assigns shall and may 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 this State, or in any place whatever having jurisdiction over any matter, dispute or transaction touching the business affairs of said company; may make by-laws and rules and regulations for its government not inconsistent with the laws of this State or the United States, and do all lawful Acts incident to a corporation and necessary and proper for the transaction of the business for which it is incorporated; may determine as to the number of its directors, the time and mode of electing them, and to have a common seal, and to alter and destroy the same at pleasure, and may purchase, accept, hold, enjoy or convey any property, real, or personal, or mixed, or privileges, that may be necessary for the purpose hereinafter set forth, or which they may acquire in the pursuit or for the purpose of their business, and may borrow money and issue bonds or other obligations therefor and secure the same by mortgage, trust, deed or otherwise on all the property and franchises of said corporation. Names of corporators. Name of corporation. General powers and franchises. Sec. II. Be it further enacted , That said company shall have the power and authority to lay out, construct, equip, use and operate by horse power, or such other power or means, as the mayor and aldermen of the city of Savannah may consent to, street railroads in said city from and to any point, or points, and upon such streets, ways and routes therein as the said mayor and aldermen may consent to with further power and authority, subject to the said consent of the mayor and aldermen as aforesaid, to extend and operate suitable connecting lines from any of said street railroads to the central railroad wharves and to Jasper Spring, or to any other point or points in Chatham county; provided , in all cases when the right of way shall be contested, or the directors of said company cannot agree with any person through, or on whose land any part or appendage, or any switches, station houses or platforms shall be constructed, as to the amount of damage sustained, that then and in that case, and in every case that shall arise, the right Page 223 of way shall be granted, and the amount of such damage shall be ascertained, adjusted and paid for as provided for in such cases by the charter of the Central Railroad and Banking Company of Georgia. May construct and use street railroads. Consent of mayor and council. Right-of-way. Damages. Damages. Sec. III. Be it further enacted , That the capital stock of said company shall be ten thousand dollars, which may be increased to two hundred thousand dollars should the business of the company require it; books of subscription for which shall be opened in Savannah, and at any other place in the United States which may be deemed expedient; said stock shall be divided into shares of fifty dollars each, and be issued and transferable in such manner and upon such conditions as the board of directors of said company may determine, each share of fifty dollars being entitled to a vote at such time and in such manner as the company shall by its by-laws prescribe. Amount of capital stock. Books of subscription opened. Capital stock divided. Each share entitled to one vote. Sec. IV. Be it further enacted , That said company shall have the power and authority, whenever its directors shall regard it expedient to promote facilities for a more expeditious transportation of passengers than can be conveniently done with its own lines and appliances, to connect or unite its lines, or any part of them, with those of any other street railroads in the city of Savannah or sub-urban lines connected therewith, under any such arrangement, lease or other legal conveyance as its directors may effect with the directors of such other street railroads or suburban railroad lines in the city of Savannah and county of Chatham. May unite with other roads. Sec. V. Be it further enacted , That said company shall have power and authority to lay out, construct and equip, and use and operate such lines of railroad as they may construct on any street, way or route, or any portion thereof, not now occupied under exclusive grant by any other street railroad in the city of Savannah, continuously for and during the term of thirty years, or such other term, not to exceed thirty years, as the mayor and aldermen of the city of Savannah may consent to; provided , such street railroad lines be constructed with the consent of the city authorities of Savannah, as herein provided, subject to all ordinances of the city of Savannah regulating the laying down, construction and operation of carriage railways in the streets of the city of Savannah that now exist, or that may be hereafter enacted by the mayor and aldermen of the said city of Savannah. Right to construct on streets not occupied. Consent of city authorities. Sec. VI. Be it further enacted , That the consent of the mayor and aldermen of the city of Savannah, required in behalf of this Act, or any part of it, or to the use of any street, way or route within the corporate limits of said city, may be signified by a resolution passed in council assembled at any time by the mayor and aldermen of said city, either before or subsequent to the passage of this Act; provided , that the said The Savannah Street and Rural Resort Railroad Company shall cause to be published in the official gazette of the said city of Savannah, once a week for four weeks before the said meeting of council, a notice setting forth the streets, ways or routes within the corporate limits of said city that said railroad company seeks to use. Consent of city authorities. Notice of routes. Page 224 Sec. VII. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved September 22, 1883. TO AMEND THE CHARTER OF SPRING CREEK CANAL AND IMPROVEMENT COMPANY, ETC. No. 299. An Act to amend an Act entitled An Act to incorporate the Spring Creek Canal and Improvement Company by increasing the number of charter members; by extending the time for commencing and completing improvements; by conferring the power to condemn rights of way, 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 number of charter members of the Spring Creek Canal and Improvement Company be increased by adding thereto, as charter members, D. G. Sheffield and W. W. Russell, who shall have and enjoy all the rights, powers and privileges which were conferred upon the original corporators by the Act to which this Act is an amendment, for the purpose of organizing. Number of charter- members increased. Sec. II. Be it further enacted , That the time for commencing and completing the improvements contemplated be extended twelve months beyond the time named in said Act of incorporation. Time for beginning and completing work. Sec. III. Be it further enacted , That the right of way of said canal shall not exceed fifty feet each way from the center of the said canal, nor shall any part of such right of way be acquired until damages are first assessed and paid or tendered, but the entering of an 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, it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Width of right-of-way. Company appealing shall give bond. Sec. IV. Be it further enacted , That nothing contained in this Act shall affect the rights of George L. Lloyd, Robert T. Lloyd, E. H. Polleys, W. H. Polleys and A. D. Polleys to subscribe for and receive stock according to the adjudication heretofore made under said original Act. Sec. V. Be it further enacted , That the scale of rates laid down in section four of the original bill be altered so that the same shall not exceed thirty cents per stick for all timber, round, hewn, scab or sawed, received above Cloud's Bridge, and all sawed lumber other than timber, not in any event to exceed sixty cents per one thousand feet received above Cloud's Bridge; and for all timber received Page 225 below Cloud's Bridge, round, hewn, scab or sawed, the rates of toll shall not exceed fifteen cents per stick, and on all sawed lumber other than timber, not to exceed thirty cents per thousand feet, and that charge for pole-boats, barges and steamboats be subject to control by the railroad commissioners, and that nothing in this Act shall prevent the use of batteaus for fishing; provided , that no one having a prescriptive right to the use of said stream shall be chargeable with tolls on said creek by said company, but shall have the same rights to use said stream for the transportation of lumber rafts as they now have under such prescription. Scale of rates altered. Prescriptive rights not disturbed. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved September 25, 1883. TO AMEND THE CHARTER OF THE ROME AND CHATTANOOGA RAILROAD COMPANY. No. 356 An Act to amend an Act entitled an Act to incorporate the Rome and Chattanooga Railroad Company, approved December 7, 1880, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, the fourteenth section of the above recited Act be, and the same is hereby, amended by striking out from said section the words three years, and inserting in lieu thereof the words seven years, so that said section as amended shall read as follows: That unless the sum of one hundred thousand dollars shall have been expended on the road-bed of said company within seven years from the date of the passage of this Act, this charter shall be deemed and held as forfeited. How 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 26, 1883. TO INCORPORATE THE CANAL, NAVIGATION AND LAND COMPANY. No. 374. An Act to incorporate the Canal, Navigation and Land Company; to grant certain privileges therein named, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That Willis Wood, A. J. Lane, George H. Hazelhurst, John H. James, Samuel Thomas and A. W. Gibson, and such other persons and corporators Page 226 as are or may be associated with them, their successors and assigns, be, and are hereby created a body politic and corporate, under the name and style of the Canal, Navigation and Land Company of Georgia, and in and by that name may make contracts, sue and be sued, plead and be impleaded in any court of law and equity in this State; may accept, purchase, hold, sell and convey real estate and personal property for the purposes herein prescribed; may make by-laws and appoint all necessary officers in the manner hereinafter prescribed, and define their duties; may make contracts, and have and use a common seal, and do all other lawful acts incident thereto and connected therewith, and exercise generally all the powers incident to corporations and necessary and proper for the control, promotion and transaction of the business and purposes for which it is incorporated; this charter to continue in force for the term of thirty years, with the privilege of renewal at the expiration of said term. Names of corporators. Name of corporation. General powers and franchises. Duration of charter. Sec. II. That the capital stock of said company shall be one hundred thousand dollars ($100,000), 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 , whenever it may be deemed expedient by a majority of the board of directors so to do, 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 (1) vote at meetings of stockholders for the election of officers and upon other occasions, at such times and in such manner as the company, by its by-laws, shall prescribe. Amount of capital stock. How divide. Stockhow issued and transferred. Each share entitled to one vote. Sec. III. That said company is hereby authorized and empowered to survey, lay out, build, dig, construct, use, own and maintain a canal of suitable width and dimensions, to be determined by the board of directors of said corporation, from, at or near and below the point on the Ocmulgee River, near the city of Macon, where the Macon and Brunswick Railroad bridge spans said river, to either Rockface Bluff, near Buzzard Roost, in the county of Twiggs, or the Hawkinsville Shoals, on the Ocmulgee River, as a majority of the board of directors of said corporation may determine upon one or the other of said points on said river the more practicable as the terminal point for said canal; said canal to run through the counties of Bibb, Twiggs, Houston and Pulaski, in said State of Georgia, and through a bend of said Ocmulgee River, and connecting therewith at said points, and as nearly on a direct line between said points as may be found practicable by a majority of said board of directors, with full power and authority to use such part or portion of the bed of said river, and other stream or streams used, if any, between said points and on or near the line upon which said canal shall run, as may be deemed necessary in constructing said canal, and also to construct and maintain such banks or dams across said streams as may be deemed advisable and necessary; and to use, cut and improve all rivers, creeks, branches and other streams which flow into or may be made to connect with said canal; provided , said company shall in no way impair or hinder the free use and navigation of any such stream or water course. Route. Page 227 Sec IV. That said company shall have the right to operate and use said canal for the purpose of navigating the same with boats for the transportation of passengers or freight, and other lawful purposes, in such manner as may be deemed most expedient, and may collect such rates of fare and toll as may be just and reasonable, on all passengers, freight, lumber, timber, logs, rafts, steamboats and other water craft, of any and every description, that may be transported over, conveyed or passed on and through the said canal, or through any stream or water course connecting with and made and used as a part of said canal. The said company shall have for its toll or charges a lien on any property so passed over or conveyed through said canal until said tolls or charges are fully paid, the enforcement of which 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. May use for transportation of freights or passengers. May collect fare and tolls. Lien of company on property passed through or over canal. Sec. V. That said company shall have 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 from choses or property necessary to the ends and aims of said corporation. And if it shall become necessary in building said canal or in building any banks, dams or earth-works connected with the said canal, to pass over or through any private lands or property, the said company shall pay to the owner or owners of such land or property through which said canal shall pass, a just indemnity, to be ascertained as hereinafter provided, for the value of the property or land taken for said canal or any improvement connected therewith for a reasonable distance on either side of the same, or for damage done the land or property aforesaid by the passage of said canal, unless the said owner or owners thereof may agree upon the said damages. May acquire rights of way and other property. Assessment for right-of-way. Sec. VI. That said company, as soon as twenty thousand 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 of said board, who shall receive such compensation as said board of directors may determine; the term of office of the board of directors as aforesaid and the manner and form of all subsequent selections of directors shall be fixed and established by the by-laws to be framed and adopted by them, and all other officers shall be elected by the board of directors. Directors. President. Compensation of President. Other officers. Sec. VII. The said company shall have authority to issue bonds to construct and operate said canal, 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 said canal, on such terms as may be agreed upon. May issue bonds. May lease, sell and convey lands, etc. Sec. VIII. That any person injuring the property of said company, or who shall throw either stones, trees, logs, rubbish or any other matter or thing whatever into said canal, or any stream which is made a part thereof, or who shall willfully cut, break or injure in anywise, any dams, banks or other improvements that may be built or erected by said company, shall be guilty of a misdemeanor and Page 228 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 sustained by said company in consequence thereof, to be recovered by said company in an action or suit by said company in any court having jurisdiction. Obstructing or injuring the canal. Penalty. Sec. IX. That said company shall have power and authority to receive land or other property in payment or part payment of subscriptions to its capital stock at such valuation as may be agreed on under the rules, regulations and by-laws of said company, and may accept and receive donations of land and other property and acquire titles thereof by virtue of said donations. May receive land, etc, for subscriptions. May receive donations. Sec. X. That said board of directors may call for installments on each share whenever necessary for the interest 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 Macon, of such call, and any and all stockholders failing to pay such installments so called for within sixty days after the time designated by such call, shall forfeit his or her stock in such corporation, and all payments which such defaulting stockholder 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. May call for payments after notice. Defaulting subscribers. Sec. XI. That said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable to his or her private capacity, and personally for the amount of stock subscribed by him or her, until such subscription is fully paid, 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 for debts. Liability of stockholders. Sec. XII. 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 their election, or until their successors are elected, and the said board of directors may provide in their by-laws for future elections of its board of directors, and of all other officers of said company, the filling of all vacancies that may occur in the offices created by them, as well as the vacancies in said board of directors, the time and place of holding said elections, and the qualifications of the voters at the same. First meeting. Directors may make by-laws. Sec. XIII. 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 of its raceways, aqueducts, dams, banks, or which may be injured by back waters from its dams, fail to agree as to the purchase thereof by the corporation, or of such assessment thereon as may be required, then the clerk of the superior court of the county wherein said land is situated shall, upon the application of said corporation, issue to the sheriff of such county a writ requiring said sheriff to summon a jury of twelve persons, who shall be freeholders and liable to jury Page 229 duty in the courts of the State, and who are not 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 assessment required, which land or assessment shall be described in said writ. The sheriff shall give to the parties at least five days' notice of the time and place of each assessment. The jury, after having been sworn by the sheriff aforesaid, to make a true and impartial assessment, shall examine the lands involved, and have such evidence as may be adduced by the parties, and make in writing thereon said assessment. Either party may within twenty days thereafter enter an appeal to the superior court of the county in which said lands are situated, under rules governing appeals from justice's courts, but the corporation shall not be delayed in the prosecution of its work upon such land, provided it will make and file in the office of the clerk of the superior court in which such appeal is pending, a bond with good security for the payment of such amount as may be finally assessed. Upon payment of such compensation so assessed, the corporation shall become invested with the right and title in the fee to the lands or assessment in the writ aforesaid described. Damages for right-of-way. Notice. Appeal. Sec. XIV. That the principal place of business of said corporation shall be the city of Macon, in the county of Bibb, in this State, but agencies may be established in such other place, or places, as the business of said corporation may require. Principal place of business. Sec. XV. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1883. TO INCORPORATE THE TURTLE AND ALTAMAHA RIVERS CANAL COMPANY, ETC. No. 421. An Act to incorporate the Turtle and Altamaha Rivers Canal Company, and to grant certain privileges therein named. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas W. Lamb, R. M. Tison, W. E. Kay, C. P. Goodyear and their associates be, and they hereby are incorporated and created a body corporate and politic by the name of The Turtle and Altamaha Rivers Canal Company, and by that name they and their successors and assigns shall and may sue and be sued, answer and be answered unto, defend and be defended in all the courts of Georgia or elsewhere, and may make by-laws, rules and regulations not inconsistent with the Constitution and laws of the State or United States, and do all acts incident to a corporation, and necessary and proper for the transaction of business for which it is incorporated, Page 230 and may determine as to the number of directors, time and mode of electing them, and to have and use a common seal, and the same to alter or destroy at pleasure. Names of corporators. Name of corporation. General powers. Sec II Be it further enacted by the authority aforesaid , That said company shall have the right to construct, build own and maintain a canal, of such dimensions as it may deem suitable, from Turtle River through or on the borders of Buffalo Swamp, in Glynn county, Georgia, to and into the Altamaha River, with such lateral canals through said swamp as may be necessary for drainage of the same, and to use and operate said canal for the transportation of timber, lumber and other products, and for that purpose to construct such locks, dams, booms and other contrivances as may be necessary for the purposes aforesaid; and said company shall have the right to acquire, by purchase, gift donation or subscription to stock, any real or personal property necessary or convenient in the execution of the purposes aforesaid. Route. May make lateral canals for drainage, etc. May use canal for transportation. May acquire and hold property. Sec. III. Be it further enacted , That such company shall have full power to receive and collect such rates of toll as the railroad commissioners of the State of Georgia shall fix for said canal company, and said railroad commissioners shall fix such rates of tolls as may seem to them just and equitable for all freights, tolls and other uses of said canal company, on all vessels, boats and rafts, and on any and every water craft or thing of any sort which may pass through said canal, or any part thereof; and for all such property so conveyed or passed through said canal, said company shall have a lien thereon for said tolls, and shall have a right to sell the same at public outery to satisfy said tolls or freights when left unpaid for thirty days, upon thirty days' notice of such sale, except upon perishable property, which may be sold by order of the judge of superior court, or ordinary, according to law; advertisement in either case to be in paper in Glynn county in which sheriff's advertisements are published, subject to the right of the owner or his agent or attorney-at-law to make under oath an affidavit of illegality, setting up a legal reason why said sale should not proceed. May collect toll. Liens for toll. Affidavit of illegality may be made. Sec. IV. Be it further enacted by the authority aforesaid , That whenever said canal shall intersect a public road, said company shall build a substantial bridge over said canal. Bridges to be built. Sec. V. Be it further enacted , That any person obstructing said canal in any manner whatever shall be liable to indictment as for a misdemeanor, and on conviction thereof may be fined or imprisoned, or both, under section 4310 of the Code. Obstructing canal a misdemeanor. Sec VI. Be it further enacted , That the capital stock of said company shall be $200,000, with privilege of increase to one million dollars, to be divided into such shares as the by-laws of the company may provide, and that said company may commence operations when five per cent. of said capital stock of two hundred thousand dollars shall have been paid in, in cash or its equivalent. Capital stock When five per cent paid in may commence business. Sec. VII. Be it further enacted by the authority aforesaid , That said company shall have the exclusive privilege of constructing such canal and canals for ten miles on each side of the main canal; provided , Page 231 they commence within two years from the approval of this Act and complete such canal within five years thereafter. Exclusive privilege granted. Proviso. Sec. VIII. Be it further enacted by the authority aforesaid , That this charter shall continue for the space of fifty years from the approval of this Act. Duration of charter. 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 28, 1883. TO ALTER AND EXTEND THE FRANCHISES OF THE COAST LINE RAILROAD COMPANY, ETC. No. 475. An Act to so alter and extend the franchises of the Coast Line Railroad Company as to authorize and empower said company to construct additional lines of road through the streets of Savannah, to control and manage its affairs by five directors, and to have and exercise, relative to the islands of Great Warsaw and Little Warsaw, all the rights, privileges and powers that said company now has relative to the islands of Whitmarsh and Wilmington. 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 section the second of an Act to incorporate the Wilmington Railroad Company, approved October 10, 1868, section the first of which Act was amended by section the first of an Act approved August 26, 1872, so as to change the name of said company, so as thenceforth to be called the Coast Line Railroad Company, and all other Acts and parts of Acts amendatory of the before mentioned Acts, are hereby so amended as to authorize and empower said Coast Line Railroad Company to construct and operate in connection with the road, authorized by said section the second of said Act of October 10, 1868, to construct such additional lines of road through any street, or streets, of Savannah as may be authorized by the mayor and aldermen of said city. Section 2d amended to authorize construction of other lines of railroad. Sec. II. Be it further enacted , That section the third of said Act of October 10, 1868, as amended by the first section of an Act approved February 20, 1874, and all Acts and parts of Acts amendatory of said sections of said Acts are hereby so amended as to authorize and empower said Coast Line Railroad Company to manage and control its affairs by five directors. Section 3d as amended authorizes five directors to manage the affairs of the company. Sec. III. Be it further enacted , That section the eighth of said Act of October 10, 1868, authorizing said Wilmington Railroad Company to establish a ferry to be operated by steamboats or other boats between any point, or points, on Saint Augustine Creek, Page 232 lying between Caustin's Bluff and Thunderbolt, both places inclusive, and any point, or points, of the islands of Whitmarsh and Wilmington, and to operate the same exclusively, and to charge certain reasonable rates of fare and freight therein described for transportation on said ferry, and all Acts and parts of Acts amendatory of said Acts are hereby so amended as to grant to said Coast Line Railroad Company relative to the islands of Great Warsaw and Little Warsaw, all the rights, privileges and powers that said Coast Line Railroad Company now has relative to the islands of Whitmarsh and Wilmington; provided , that the privileges of ferriage granted herein relative to the islands of Great Warsaw and Little Warsaw shall not be exclusive. Section 8th so amended as to grant the company certain privileges as to Great and Little Warsaw Islands. 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 28, 1883. TO AMEND THE CHARTER OF THE WEST END AND ATLANTA STREET RAILROAD COMPANY, ETC. No. 485. An Act to amend an Act to incorporate the West End and Atlanta Railroad Company, and for other purposes, approved August 26, 1872. Section I. Be it enacted by the General Assembly of the State of Georgia , That said Act be so amended as to allow the West End and Atlanta Railroad Company, for the purpose of making a connected line, or for the purpose of crossing another street railroad with its road, to lay its tracks upon and occupy with its railroad or tracks any street or streets upon which any other street railroad company may have its track or tracks, or may have the right to lay its tracks at the time; provided , it does not at any one place occupy more than two full city blocks front contiguous to each other. If the proper municipal authorities determine that the street or streets so sought to be occupied by both roads is not wide enough for both of said roads to have separate tracks, and at the same time leave space enough for the passage of vehicles, then said company shall have the power and authority to condemn to its use such parts of said other street railroad track as may be necessary for the purpose of making a connected line, or of crossing any other street railroad with its road, not exceeding in any one place two full city blocks front contiguous to each other; said condemnation shall be made after the municipal authorities of the city of Atlanta shall decide the street or streets are too narrow for both street railroads to have separate tracks, and shall be made in accordance with section twelve of an Act to provide for a general law for the incorporation of railroads and to regulate the same, approved September 27, 1881, and Page 233 found on pages 161, 162 and 163 of the printed volume of laws of 1880 and 1881; provided , that nothing herein contained shall be construed as to prevent any other street railroad company in the city of Atlanta from exercising the same privileges herein accorded to the West End and Atlanta Railroad Company. May use streets upon which other street railroads have their tracks, etc. Exceptions. May condemn to its use parts of tracks of other roads. Condemnation, how made, etc. Proviso. 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 29, 1883. Page 234 TITLE III. STEAMBOAT COMPANIES. ACTS. Incorporating Chattahoochee Navigation Company. Incorporating Savannah Lighterage and Transfer Company. Incorporating White Star Line Steamboat Company. Amending charter Chattahoochee Navigation Company. TO INCORPORATE THE CHATTAHOOCHEE NAVIGATION COMPANY. No. 17. An Act to incorporate the Chattahoochee Navigation Company and to confer on said company certain privileges, and for other purposes. Whereas, It is of vital importance to the agricultural, mercantile, and manufacturing interest of this State to encourage the introduction and use of steamboats, especially on our rivers that have not yet been opened up to navigation; and Whereas, Certain persons are now engaged in blasting, dredging, and in building suitable vessels, and have already paid out considerable money to successfully navigate a section of the Chattahoochee river and for the better and more effectually carrying on of said business desire to be incorporated. Section I. The General Assembly of the State of Georgia do enact , That Ward C. Lanier, LaFayette Lanier and Elijah F. Lanier, and their associates and their successors be and they are hereby constituted a body politic and corporate by the name and style of The Chattahoochee Navigation Company, and by that name and style may sue and be sued, plead and be impleaded in any court of law or equity of this State according to existing laws, and have and use a common seal, and break, alter and renew the same at pleasure; may make such by-laws, rules and regulations as the stockholders and directors may deem necessary or expedient; provided , the same be not contrary to the laws of this State or the United States, and may hold, purchase, receive, retain, employ, sell and transfer real and personal property of such description as they may deem necessary. Names of corporators. Name of corporation. General powers, etc. Page 235 Sec. II. They shall have the authority to build such locks, dams, and to blast any and all such rock or ledges of rock, and dredge such places in said river as they may deem necessary for the successful working of this enterprise; the privilege herein given is to extend from the West Point Factory in Harris county, to Bentley's Mills in Troup county; and any person who, by charter, Act of incorporation, or in any other manner shall desire to navigate said river between such points, shall before they are allowed to do so, pay to said company a fair and just proportionate part of the expenses of said company in building locks, and dams, and in blasting and making said portion of said river navigable, the amount of which may be agreed on by the parties desiring to navigate and said company; or failing to agree, shall be ascertained by decree on a bill to be filed against said company in the county where the principal office is located. May build locks, dams, etc. Route. Parties navigating to pay company, etc. Amount payablehow ascertained. Sec. III. The capital stock shall not be less than ten thousand dollars nor increased to a greater amount than five hundred thousand dollars, and shall be divided into shares as may be arranged by said company. Capital stock. Sec. IV. The said company shall be authorized, by steamboats of any description, and by other boats or vessels as they may find it convenient, to navigate for the transportation of freight or passengers on said river between the points named in section second. Authorized to navigate by steamboats, etc. Sec. V. The principal office for the transaction of the business of said company shall be in the county of Troup in said State and the privileges herein granted shall be from the approval of this charter for twenty years, during which time said company shall have the privileges of navigating said river between the points named in section second; provided , that nothing herein contained shall prejudice or interfere with the right of the owners of the land on either side of said river; and, provided further , that should the State, or United States Government ever propose to open up and make navigable said river, this charter shall be void and of no effect. Principal office. Duration of charter. Right of navigation subject to contingencies. 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 December 9, 1882. TO INCORPORATE THE SAVANNAH LIGHTERAGE AND TRANSFER COMPANY OF SAVANNAH. No. 179. An Act to incorporate the Savannah Lighterage and Transfer Company of Savannah, in the county of Chatham. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That James B. West and William E. Guerard, of the city of Savannah, and William Plummer, Page 236 of Baltimore, and their associates and successors be, and they are hereby constituted and declared a body politic and corporate under the name of the Savannah Lighterage and Transfer Company, for the purpose of carrying on the business of lightering and transferring freight, goods, wares and merchandise of all kinds, and such other business as may be connected therewith by means of lighters, flats, steamboats, steam-tugs, and other vessels navigating the Savannah River and the waters directly or indirectly connected therewith. Names of corporators. Name of corporation. Objects of said corporation. Sec. II. Be it further enacted , That the location and principal place of business of the said corporation shall be at Savannah, in the county of Chatham, and that the said corporation shall have power to build, purchase, own or hire all such lighters, flats, steamboats, steam-tugs, and other vessels as it may find necessary or convenient for the said business, in any of its branches, to purchase and own or hire such wharves and other real estate, as it may find necessary or convenient to its said business, to have a corporate seal, to contract and be contracted with, to sue and be sued in its corporate character, to make by-laws, rules and regulations for its government not contrary to the laws of this State or of the United States, to appoint a president and such other officers as it may find convenient or necessary, and to have, enjoy and exercise all other corporate powers, privileges and franchises usually appertaining or incident to private corporations for business purposes. Principal office, etc. Powers and franchises. Sec. III. Be it further enacted , That the capital stock of the said corporation shall be five thousand ($5,000) dollars in fifty shares of one hundred ($100) dollars each; but the said corporation shall have the privilege of increasing its said capital to fifty thousand ($50,000) dollars, or any less sum in similar shares, in such amounts, at such times and upon such terms as it may by its rules prescribe. Amount of capital stock. Sec. IV. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and they are hereby repealed. Approved September 13, 1883. TO INCORPORATE THE WHITE STAR LINE STEAMBOAT COMPANY. No. 262. An Act to incorporate the White Star Line Steamboat Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That John J. Seay, T. V. Marable and their associates, and all persons who may hereafter become stockholders in said company, are hereby created a body corporate by the name of the White Star Line Steamboat Company, for the purpose of owning, building, purchasing, Page 237 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 freights, tariffs and passenger fares, and to purchase, own or sell wharves, warehouses, real estate and all other property that will tend to facilitate the accomplishment of the purpose for which said White Star Line Steamboat Company is created. Names of corporators. Name of corporation. Object of corporation. General powers and franchises. Sec. II. Be it further enacted , That the capital stock of said corporation shall be ten thousand dollars, consisting of the present steamer, Joel Marable, 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 twenty-five dollars each. Every stockholder in said corporation shall be liable in his individual capacity for all the debts and liabilities of said corporation to the extent of his stock therein. Individual liability. Sec. III. Be it further enacted , That said corporation 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 ordered by the stockholders in meeting assembled. Directors may commence operations. 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. Stockholders may adopt rules, etc. 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. Directors. Officers. 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 21, 1883. Page 238 TO AMEND THE CHARTER OF THE CHATTAHOOCHEE NAVIGATION COMPANY. No. 314. An Act to amend an Act, entitled an Act to incorporate the Chattahoochee Navigation Company, and to confer on said company certain privileges, approved December 9, 1882. Section I. Be it enacted by the General Assembly of the State of Georgia That section second of the above recited Act be so amended as to read as follows: that the words Bentley's Mills, Troup county, be stricken from said Act and the words and Franklin, in Heard county, be inserted in lieu thereof, so that said section as amended, shall read as follows: The privileges herein given are to extend from the West Point Factory, in Harris county, to Franklin, in Heard county. Section 2d amended. Sec. II. Be it further enacted by the authority aforesaid , That the second section of said Act be further amended by striking therefrom all of said section after the words Bentley's Mills in Troup county. Section further amended. Sec. III. Be it further enacted by the authority aforesaid , That section five (5) of said Act be amended by adding the following words at the end of said section, to-wit: So far as it pertains to that portion of said river opened to navigation by the State or United States Government. Section 5th amended. 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 25, 1883. Page 239 Part III.Local Laws. Title I.MUNICIPAL CORPORATIONS. Title II.COUNTY OFFICERS. Title III.COUNTY AND CITY COURTS. Title IV.GAME, Etc. Title V.LIQUORS. Title VI.ROADS AND BRIDGES. Title VII.FENCES AND STOCK. Title VIII.EDUCATIONPRIVATE. Title IX.MISCELLANEOUS. Page 241 TITLE I. MUNICIPAL CORPORATIONS. ACTS. Charter of Hawkinsville amended. Charter of Canton amended. Limits of Augusta. Authorizing city authorities of Savannah to make assessments for drainage, etc. Registration of voters in Savannah. Police control at head of Augusta Canal. Town of Chipley incorporated. Reservation of portion of Columbus commons. Lands of Augusta Canal Company and others withdrawn from corporate limits of Summerville. Charter of Newnan amended. Charter of Macon amended. Issue of bonds by town of Elberton. Public school for Eatonton. Charter of Americus amended. Charter of Americus amended. Charter of Talbotton amended. Charter of Atlanta amended. Town of Salt Springs incorporated. Charter of Perry amended. Town of Clarkston incorporated. Charter of Perry amended. Charter of Waycross amended. Town of Dallas incorporated. Charter of Butler amended. Town of Summer incorporated. Town of Dawsonville incorporated. Town of Ellijay incorporated. Town of Morganton incorporated. Corporate limits, etc., of Griffin. Town of Temple incorporated. Charter of Macon amended. Town of Ty Ty incorporated. Town of Holton incorporated. Page 242 Charter of Barnesville amended. Town of Raccoon Mills incorporated. Charter of DeSoto amended. Charter of Trion amended. Charter of Marietta amended. Council of Toccoa authorized to issue bonds. Town of Bowersville incorporated. Town of Ward incorporated. Town of Bremen incorporated. Limits of Augusta extended. Town of Graysville incorporated. Town of Chauncey incorporated. Charter of Cuthbert amended. Charter of Augusta amended. Town of Villa Rica incorporated. Charter of Tallapoosa amended. Charter of Rockmart amended. Salary of Mayor of Augusta. Charter of Crawfordsville amended. Charter of Roswell amended. Charter of Clarkesville amended. Charter of Jefferson amended. Charter of Griffin amended. Floating debt of Augusta. Appearance bonds to city of Americus. Town of Dublin incorporated. Charter of Thomaston amended. Sixth ward of Atlanta created. Town of Abbeville incorporated. Charter of Lawrenceville amended. Charter of Ellaville amended. New Charter for town of Stone Mountain. New Charter for town of Jackson. Charter of town of McDonough. Municipal election in LaGrange. Charter of Atlanta amended. Town of Powder Springs incorporated. Charter of Hawkinsville amended. Charter of Hogansville amended. Limits of Americus extended. Charter of Macon amended. New Charter for Forrestville. Charter of Gainesville amended. New Charter for Dawson. Limits of Savannah extended. Town of East Rome incorporated. Town of Talking Rock incorporated. Small-pox patients in Americus. Town of Bronwood incorporated. Charter of Thomasville amended. Codified Charter of Rome. Public schools for Madison. Charter of Hartwell amended. Town of Waynesboro made a city. Town of Fort Gaines incorporated. Charter of Waycross amended. Charter of Louisville amended. Charter of Atlanta amended. Charter of Reynolds amended. Police commissioners for Augusta. Registration of voters in Quitman. Town of Jasper incorporated. Page 243 Charter of Macon amended. Charter of Wrightsville amended. Town of Ball Ground incorporated. Charter of Gainesville amended. New Charter for Fort Valley. Charter of West End amended. Special ad valorem tax for Waycross. Fire marshal for Savannah. TO AMEND THE ACTS INCORPORATING THE TOWN OF HAWKINSVILLE, IN PULASKI COUNTY. No. 4. An Act to alter and amend the several Acts incorporating the town of Hawkinsville, in the county of Pulaski, and to grant certain powers and privileges to said town, and for other purposes. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the several Acts incorporating the town of Hawkinsville, as well as the Acts amendatory thereof, be, and the same are hereby so amended that the charter of said town shall read and be as follows: Section I. Be it enacted, etc. , That the municipal government of the town of Hawkinsville shall consist of a mayor and six aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the Town of Hawkinsville, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, and to retain to them and their successors, for the use and benefit of the said town of Hawkinsville, in perpetuity or for any term of years, any estate, real or personal, lands, tenements, hereditaments, of what kind or nature soever, within the limits of said town; and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Corporate name. General powers and franchises. Sec. II. Be it further enacted , That from and after the passage of this Act, the corporate limits of the town of Hawkinsville shall extend over and embrace all that portion of land comprised in fractional lots numbers two hundred and twenty-five (225), two hundred and twenty-six (226), whole lot two hundred and twenty-four (224) and that portion of whole lot number two hundred and twenty-three (223) lying north of Mile Branch; also, fractional lot number two hundred and fifty-five (255), all in the fourth (4th) district of originally Dooly, now Pulaski county; also, fractional lot number two hundred and eighty-three (283) and that portion of whole lot number two hundred and eighty-four (284) on the south side of Town Creek, in the twelfth (12th) district, originally Houston, now Pulaski county. Corporate limits defined. Page 244 Sec. III. Be it further enacted , That an election shall be held at the council chamber, or such other place as the mayor, or mayor pro tem. , of said town shall direct and designate, on the second Wednesday in January, 1883, and on the second Wednesday in January in each year thereafter, for mayor and six aldermen, 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 any public gazette in which the sheriff's advertising of Pulaski 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 four 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, residence within the corporate limits of said town six months next preceding the election, and the payment of all legal taxes required of them by said corporation, and registration as hereinafter provided. Electionswhen held. Terms of office. New election. Qualification of voters. Sec. IV. Be it further enacted , That the said election 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 shall 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 Hawkinsville, and have paid all taxes legally required of you by said town of Hawkinsville, so help you God. Who shall hold election. Oath of voter. 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 duly declare the result of said elections, and shall issue certificates of election to such persons as received the highest number of votes polled, who shall, within ten days 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 oath 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. Superintendents of electionhow governed. Oath of office. 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, the mayor pro tempore shall be clothed thereby with all the Page 245 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 tempore , 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. Mayor pro tem. 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 tem . shall order an election to fill said vacancy as is prescribed in section three 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 aldermen, the mayor, or mayor pro tem. , shall order an election to fill such vacancy, as is prescribed in the third section of this Act, as in case of failure to hold an election. Vacancieshow filled. 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, not to exceed six months, in the discretion of the court, and upon said conviction said party shall be removed from office. Persons eligible to office. Officer guilty of malpractice, etc. Sec. IX. Be it further enacted , That said mayor and aldermen shall have power and authority to elect such marshal and clerk and treasurer and other officers 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 offices as they may deem necessary and proper. They shall have power to suspend or remove them from office for a breach or neglect of duty, or incapacity to discharge their respective duties from any cause. Officers. 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 States, the Constitution of this State, and the laws made in pursuance thereof; and said corporation, by their mayor and aldermen, shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing the health of the inhabitants thereof, and that may be necessary to carry this Act into full effect. Customary powers conferred. Sec. XI. Be it further enacted , That the mayor or mayor pro tem . of said town shall hold a police court in said town at any time, for the trial and punishment of all violators 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 Page 246 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 courtwhen held. Powers and duties of. Fineshow collected. 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. Pay of city officers. Sec. XIII. Be it further enacted , That the mayor and aldermen of the town of Hawkinsville shall have the sole and exclusive power of granting license to retail spirituous, ale or vinous and malt liquors in the town of Hawkinsville, in any quantity, and for 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. They 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. Power to regulate retailing of spirituous liquors, etc. Also to license all games, etc. Also livery stables, hacks, wagons, etc. Repair cemetery, etc. May employ sexton. Sec. XIV. Be it enacted further , 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 and collect such tax on trades, businesses, 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 and collect such tax on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper by said mayor and aldermen. Levy and collect a tax on property. Tax on business. May tax shows. Sec. XV. Be it further enacted , That the mayor and aldermen of said town shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares in said town. Also to license, regulate and control all taverns, restaurants, boarding houses and public houses in said town, to establish markets in said town, to regulate all butcher pens, tan-yards, blacksmith shops, forges, stoves and chimneys within Page 247 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 nuisances; 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, omnibuses, 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 abated. Taverns and public houses. Butcher pens, etc. Sec. XVI. Be it further enacted , That the mayor and aldermen 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 in said town running at large. May impound 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 and roads 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 tax for such duty, not to exceed three dollars per year, and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to street duty, who shall be compelled to do road and street duty according to the laws of this town, and the said mayor and 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 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 town in any tax, fine, fee or assessment, shall be allowed to vote at any election held under this charter. Persons subject to work streets. May work or pay tax in lieu thereof. Defaultershow punished. Sec. XVIII. 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 aldermen of said town of Hawkinsville shall have power and authority to levy, collect and enforce the final decree, award or judgment Page 248 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. Jurisdiction over all streets, etc. Damages to owners from altering streetshow assured. Appeals allowed either party to superior court. Decreeshow enforced. Sec. XIX. 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. Sec. XX. 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; 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. Powers of mayor and aldermen as a board of council. Sec. XXI. 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 to exceed twenty-four hours for each offense. Mayor may punish for contempt. Sec. XXII. Be it further enacted by the authority aforesaid , That the marshals 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 or mayor pro tem. 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 or mayor pro tem , a written or printed accusation shall be preferred against the offender, in manner and form as follows: State of Georgia, town of Hawkinsville; 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 mayor pro tem. , the accused may be Page 249 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 securities, with a rule nisi , at least five days before the time of hearing such rule nisi , to be signed by the clerk of council, bearing test in name of the mayor. Arrestshow made. Form of accusation. Appearance bond. Bondfor-feit of. Sec. XXIII. Be it further enacted , That all writs processes, subp[UNK]nas, rules nisi , etc., for the forfeiture of bonds; all executions issued in behalf of said town for collection of taxes, fines, forfeitures or for other purpose, shall be directed to the marshal of said town, and all singular, the sheriffs and their deputies of this State, signed by the clerk, bearing test in the name of the mayor of said town; and such sheriffs and their deputies are empowered and required to serve and execute all such processes, subp[UNK]nas, writs, and executions issuing as aforesaid when the parties or property to be proceeded against are without the corporate limits of said town of Hawkinsville, and the marshal or deputy marshal of said town shall serve and execute all processes, writs, executions, subp[UNK]nas, etc., issuing as aforesaid, when the parties or property to be proceeded against are within the corporate limits of said town. Sales of personal property by the marshal or deputy marshal of said town shall be made before the court house door in said town, after ten days' notice of time, place and property to be sold is posted at three or more public places in said town. Sales of personal property by sheriffs or their deputies, shall be before the court house door of the county where the property to be sold is, after giving ten days' notice of time, place and property to be sold, at three or more public places in such county, by posting such notice. All sales of real property shall be made under the same rules as regulate and control sheriffs' sales of real property in said State. The deed to real property of the marshal or deputy marshal, sheriff or deputy sheriff, made in accordance with such sale, shall as effectually pass title to the purchaser as the same existed in defendant; and the sale of personal property shall in like manner pass such title to the purchaser. All judgments or executions issued under the provisions of this Act shall be a lien and bind all property both real and personal of defendants, from date thereof, and shall rank, have precedence and bind all property as executions from the courts of this State, and the costs of proceedings shall be the same as for like proceedings in the superior courts of this State; claims or illegalities may be interposed to such sales under the same rules and regulations as are fixed for their interposition now or may be fixed in future to proceedings in the superior courts of this State, and all such claims or illegalities are to be returned to the first superior court of the county where the proceedings are had, that sits in ten days after the interposition of such claim or illegality, and there tried as other claims or illegalities are in said superior courts. Writs and all other processes how irected. Sheriff to execule all processes out of corporate limits. Marshal shall execute all processes within the city. Saleswhere made under execution. Sales of real propertyhow made. Lien of judgments and executions. Claims and illegalitieshow returned and tried. Sec. XXIV. Be it further enacted , That there may be an appeal from the decision of the mayor or mayor pro tem. 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 Page 250 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 of Pulaski county, in all cases, from the decision of the mayor or mayor pro tem. , and there may also be a certiorari to the superior court of Pulaski county from the decision of the board of councilmen, in all cases, except from the decision of council upon the assessment of property of defaulting tax payers. Appeals from mayor to the board of council. Certiorari to Superior Court. Exception. Sec. XXV. And be it further enacted , That the mayor or mayor pro tem. , and any three aldermen, shall form a quorum for the transaction of business, and the mayor or mayor pro tem shall have the casting vote, and a majority of the votes shall determine all questions and elections before the council and the mayor and each alderman shall be, to all intents and purposes, a justice of the peace, so far as to enable them or any of them to issue warrants for offences committed within the corporate limits of said town, which warrants shall be executed by the marshal or deputy marshal, and to commit to the county jail of Pulaski county, or to admit to bail according to law, offenders for their appearance before the next superior court thereafter, for the county of Pulaski, to await his, her or their trial; and it shall be the duty of the jailor of said county to receive all such persons so committed, and them safely to keep until the same be discharged by due course of law. Quorum. Casting vote. Mayor a Justice of the Peace His powers as such. Duty of Jailor. Sec. XXVI. Be it further enacted , That the mayor and aldermen of said town shal 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 inmates of said houses 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. Power over houses of ill-fame, etc. May punish parties failing to obey order Sec. XXVII. Be it further enacted , That all ordinances, rules and regulations, passed by the mayor and board of aldermen, shall, before becoming operative, be entered upon the minutes of the board of council and be published at least once in some newspaper having general circulation in the town, and be posted at one or more prominent places in said town. Ordinances, etc., to be recorded and published before operation. Sec. XXVIII. Be it further enacted , That the mayor and aldermen 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 Chaingang. Sec. XXIX. And be it further enacted , That the expenditures of the mayor and aldermen, and the compensation of the town officers, shall be paid out of the town funds by an order, drawn by the clerk of council, upon the town treasurer, and countersigned by the mayor or the mayor pro tem. of the council, out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to Page 251 the inspection of the mayor and aldermen of said town, or any or either of them, and all sums of money paid into the hands of the treasurer by the provisions of this Act, shall, and the same is hereby directed to be a fund for the exclusive use of said town. Expenditures and salarieshow paid. Duties of Treasurers as to funds of town. Sec. XXX Be it enacted , That the mayor and council of said town shall have power to require a registration of the legal votes of said town annually, before the clerk of the said town council or such person as may be appointed by the mayor and council, in the event of the sickness or absence of said clerk, under such rules and regulations as said mayor and council shall prescribe. Registration of legal voters. Sec. XXXI. 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 that purpose, on the first Monday in November 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; in the town of Hawkinsville for the past six months, 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 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. Registrationhow accomplished. Oath of applicant for registration. Sec. XXXII. And be it further enacted , That it shall be the duty of all tax-payers and owners of taxable property within said town, and they and each of them, either by themselves or an agent, are hereby required to make annual returns, under oath, to the clerk of council in said town, or to such other officers as the mayor and aldermen of said town may appoint for said purpose, at such time as said mayor and aldermen may limit, of all their taxable property, polls, trades, business occupation and profession in said town, held in their own right, or in the right of any other person; and in case any person or persons shall fail or refuse to make such returns, or shall make any return deemed incorrect by the mayor, said mayor may assess the property of such person, and may fix such value Page 252 thereon as he may deem correct and just. If any owner of property thus assessed by the mayor of said town shall feel aggrieved by the assessment so made by him, he may appeal to the council of said town, who may make such deduction as to them may seem just and reasonable, and the decision of said council in fixing the value of said property shall be final. Tax payers to make returns. Tax payers failing to make returns may be assessed. Appeal to council allowed. Sec. XXXIII. Be it further enacted , That no person holding office under this charter shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts, either by himself or another, directly or indirectly. Officers of corporation not allowed to contract for work, etc. Sec. XXXIV. Be it further enacted , That the corporation of the town of Hawkinsville is hereby authorized to assess against telegraph, express, railroad companies and banks doing business in said town, and the property of each in said town, a special license, extra or general tax, such as it is now authorized to assess against individuals, or the property of individuals; and that the corporation of said town is hereby authorized to collect such tax as it may assess as herein authorized, in the mode and manner authorized for the collection by the corporation of said town of any other tax. May tax telegraph, express or other companies. Sec. XXXV. Be it enacted, etc. , That the mayor and council of Hawkinsville, Pulaski county, Georgia, are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed five-tenths of one per cent., for the purpose of establishing and maintaining public schools in and for the town of Hawkinsville; provided , the sum so raised shall be used only for the purposes as set forth in this section. May levy a tax for schools. Sec. XXXVI. 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 town of Hawkinsville 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 return or 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 town, and has paid taxes to said corporation for the years such benefit may be claimed. Children entitled to school benefits. Sec. XXXVII. Be it further enacted by the authority aforesaid , That before the provisions of this Act in relation to public schools shall take effect and become operative, the mayor of the town of Hawkinsville shall order an election, giving at least ten days notice to ascertain the sense of the qualified voters of said town at said election, whether public schools shall be established or not in said town, 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 thirty-five (35) of Page 253 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 provisions thirty-five (35) to forty-seven (47), both inclusive, for one year from the date of said election. Election on question of taxation for public schools. Sec. XXXVIII. Be it further enacted by the authority aforesaid , That the first election under section thirty-five (35), if decided affirmatively, 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 town to order another election upon written application being made by any five qualified voters of said town. Election under section 35when to take place. Sec. XXXIX. Be it further enacted by the authority aforesaid , That such elections shall be held under the same rules and regulations as govern other town elections, and the notices required to be given shall be by publication in one of the town papers, or by posting at the court-house door, or by both in the descretion of the mayor of said town. Elections-how held. Sec. XL. Be it further enacted by the authority aforesaid , That whenever at any election, held 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 town of Hawkinsville to elect five trustees, who shall be citizens of Hawkinsville and qualified under this Act, two of said trustees to hold their office for one year and three for two years. Duty of mayor and council if election results in favor of of public schools. Sec. XLI Be it further enacted by the authority of the same , That the trustees thus elected 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. Duties of Trustees. Their powers. Sec. XLII. 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 as aforesaid. Separate schools for white and black. Sec. XLIII. Be it further enacted by the authority aforesaid , That the mayor and council of the town of Hawkinsville shall have authority, in addition to the taxes levied under section 35 of this Act, to provide 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. XLIV. 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 town of Hawkinsville at the time of said election, and who are legally qualified to vote for mayor and councilmen of the town of Hawkinsville. Who may vote. Sec. XLV. Be it further enacted by the authority aforesaid , That the Page 254 tax collected for public schools for the town of Hawkinsville under this Act shall remain a separate fund in the treasury of said town 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 town, under such rules and regulations as the mayor and council of said town may prescribe. School fund to be kept separate. Sec. XLVI. Be it further enacted by the authority aforesaid , That the school commissioners of Pulaski 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 town may prescribe, the proportion of common school funds arising from any source belonging to said town, 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. Pro rata of county school fund to be paid over to trustees. Sec. XLVII. Be it further enacted by the authority aforesaid , That the trustees of said public schools may admit the children of nonresidents to the benefits of said public schools upon payment of such fees and for tuition as to them may seem reasonable and just. How children of non-residents may be admitted. Sec. XLVIII. Be it further enacted by the authority aforesaid , That the mayor and council of the town of Hawkinsville 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. Power to pass ordinances. Sec. XLIX. Be it further enacted by the authority aforesaid , That the mayor or mayor pro tem while acting as mayor, shall have the right to vote upon all questions before the council when said vote shall be a tie, and said mayor and mayor pro tem . shall also have the right to veto any measure passed by council, which veto must be filed in writing within four days of the passago of such measure, and be entered of record on the minutes of council, and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of the council at the first or second regular meeting of council after said veto, and not thereafter. Mayor may give casting vote. May veto any measure. How passed over veto. Sec. L. 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 December 8, 1882. Page 255 TO AMEND THE CHARTER OF THE TOWN OF CANTON IN CHEROKEE COUNTY. No. 5. An Act to amend the several Acts incorporating the town of Canton, in the county of Cherokee, to provide for a mayor and council, to prescribe their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, an Act assented to December 29, 1838, incorporating the town of Canton, in the county of Cherokee, providing for the election of five commissioners; and an Act assented to the 20th of December, 1834, changing the name of the county site from Etowah to Canton, and all other Acts relative to the incorporation of the town of Canton, be, and the same are hereby repealed, and the following shall be the charter of the town of Canton, in the county of Cherokee, and State of Georgia. New charter enacted. Sec. II Be it further enacted , That the corporate limits of said town shall extend one mile from the court-house in every direction, except that the Etowah River shall be the boundary of said corporation on the sides of said town where it runs. Corporate limits. Sec. III. Be it further enacted , That the government of said town shall be vested in a mayor, and five (5) councilmen; and the present mayor and councilmen shall remain in office until the expiration of their term of office; after which the mayor and councilmen shall be elected on the first Saturday in January of each year, and shall hold their respective offices for the term of one year next thereafter, and until their successors are elected and qualified. And if, from any cause, there should be a failure to hold said election, the ordinary of said county may order an election by giving at least five (5) days' notice thereof, by publication, or written notice at the court house; said election shall be held under the same rules and regulations, so far as applicable, that govern elections for county officers, but the returns thereof shall be made to the ordinary of said county; and all contest concerning the same shall be before said ordinary and determined by him as in other cases of contests; but no such contest shall be heard or allowed by him unless commenced within five (5) days after the election; and the managers of such elections shall issue certificates of election to such persons who shall receive the highest number of legal votes. But no person shall be eligible to either of said offices nor qualified to vote at such election who shall not at the time he is elected, or offers to vote, have been a bona fide citizen of said town three (3) months next prior thereto, and shall have paid all taxes and lawful fines due by him to the authorities of said town, and performed all street work which may have been required of him lawfully. Mayor and five councilmen. Present officers to serve out their term. Failure to hold election. Contested elections. Certificates of election. Who eligible to office. Qualifications of voters. Sec IV. Be it further enacted , That before entering upon the official duties of his office the mayor shall, before a judge of the superior Page 256 court, ordinary, or justice of the peace, or other judicial officer of this State, take and subscribe to the following oath: I., do solemnly swear that I will, to the best of my ability, discharge the duties of mayor for the town of Canton during my continuance in office, so help me God. Oath of office. And the mayor shall administer said oath to each councilman and to every officer of said town, and they shall constitute a body corporate with power to sue and be sued in the courts of this State; to purchase and hold, and convey property; to contract and be contracted with; to abate all nuisances; and to make all needful rules and regulations necessary for the proper management of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; may establish, open, change and abolish streets in said town as the public interest may require; and shall keep in good order the streets and sidewalks of said town; and may require and compel the persons residing in said town subject, by law, to road duty, to work on the streets and walks not to exceed fifteen (15) days in each year, but may receive in lieu thereof to be expended on the streets and sidewalks a commutation fee from such person not to exceed ten ($10) dollars a year; they shall have charge and control of all the public graveyards located in said corporation. Said mayor and councilmen shall have the power to levy and collect not exceeding fifty (50) per cent. of the State tax on all property, both real and personal, in said town subject to State tax; and may levy a tax on shows, exhibitions for gain, peddlers, itinerant traders, drays, livery stables and vehicles for hire, auctioneers, billiard tables, ten pin alleys and other establishments for amusements and gain. They may also collect a tax not to exceed one per cent. on the gross sales of commercial fertilizers by principal or agent Corporate powersgeneral. Sec. V. Be it further enacted , That said mayor shall hold police courts to try offenders for violations of all laws, rules and regulations prescribed for the government of said town, and may punish violators of the same by such fines and imprisonments, or work on the streets of said town, or either, as may be prescribed by the said mayor and council. Offenders may be imprisoned either in the common jail of said county, or in a house erected for that purpose; the fine not to exceed thirty (30) dollars, or work or imprisonment thirty (30) days. And when sitting as a court the mayor may fine and imprison for contempt not to exceed five (5) dollars, or one (1) day imprisonment. But from all decisions of the mayor imposing penalties for violating the rules and regulations of said town, there may be an appeal to the mayor and council, and when appealed to, it will take a majority of said board of mayor and councilmen to punish. Police courts. Offenders punished. Appeals to mayor and council. Sec. VI. Be it further enacted , That said mayor and councilmen may elect a secretary and treasurer and marshal, and prescribe their duties, not inconsistent with the Acts and laws of this State, take bonds and fix the compensation. The secretary and treasurer may be elected from the council. Secretary, Treasurer and Marshal. Sec. VII. Be it further enacted , That the mayor and council shall Page 257 fix the compensation of the mayor, not to exceed one hundred dollars per annum. Compensation of mayor. Sec. VIII. Be it further enacted , That said mayor and council shall keep, or cause to be kept open for the inspection of all citizens of said town, a record of their proceedings and an account of all moneys received, expended and in hand. Minutes to be kept, etc. Sec. IX. Be it further enacted , That it shall be the duty of the mayor and council, at its first regular meeting, or as soon thereafter as convenient, to elect a mayor pro tem. , who shall act as mayor in the absence or sickness of the mayor elect. Mayor pro tem. Sec. X. Be it further enacted , That said secretary, treasurer or marshal may be removed by said mayor and council for neglect of duty or official misconduct. Removal from office. Sec. XI. Be it further enacted , That vacancies in the office of mayor and councilmen may be filled by the remaining councilmen, or they may order an election for the same after giving five (5) days' notice in three public places of said town. Vacancies. Sec. XII. Be it further enacted , That they may collect all lawful taxes, fines and assessments for failure to work the road, by executions, to be issued by the mayor and enforced by the marshal, to be collected in the same manner as the State and county taxes. Taxeslevied and collected. Sec. XIII. Be it further enacted , That for a failure to work on the streets when notified, the offender subjects himself to be fined not exceeding two (2) dollars per day, unless he will pay the commutation tax imposed by the mayor and councilmen; the same to be collected by execution issued by the mayor and enforced by the marshal. Defaulting street workers. Sec. XIV. Be it further enacted , That before said mayor and council shall grant license to any one to sell spirituous or malt liquors in said town, they shall first require each person making application to pay a tax for the privilege, give a bond and take the oath prescribed by the laws of this State in such cases. Liquor license. Sec. XV. Be it further enacted , That all taxes so imposed may be collected at such time as the mayor and council shall, in their by laws and ordinances, direct Time of collecting taxes. Sec. XVI. Be it further enacted , That the marshal or his deputy shall have power and authority to examine all places when he suspects a violation of the laws of the State, and shall have power to arrest all violators of the laws and ordinances; to call to his aid all persons of said town, capable of bearing arms, to assist him in arresting persons violating the laws of the State, or the ordinances of the town, and for a failure to assist when so called upon may be fined by the mayor. Duties and powers of marshal, etc. Sec. XVII. Be it further enacted , That all laws and parts of laws, except the local Act prohibiting the sale of intoxicating liquors within two miles of said town of Canton, passed by the General Assembly of 1875, be, and the same are hereby repealed. Approved December 12, 1882. Page 258 TO EXTEND THE LIMITS OF THE CITY OF AUGUSTA, ETC. No. 20. An act to extend the limits of the city of Augustato regulate taxation within said extended limits, 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 corporate limits of the city of Augusta shall be, and they are hereby extended to include the territory comprised within the following limits, to-wit: Area added to corporation. Beginning at the intersection of Carnes road and Turknett Springs road, and running on the south side of said Turknett springs road, thence westwardly to the line of the village of Summerville, on the Turknett springs road; thence following the line of said village of Summerville, running north-east, and north, and north-west to its intersection with Washington road; thence along the southern line of said Washington road to but not including the bridge across the head of lake Olmstead on said Washington road; thence across the head of lake Olmstead to the north-western side of said lake; thence along the high water or flow line of said lake Olmstead to the southern line or berme bank of the Augusta canal; thence along said berme bank or flow line of said Augusta canal to the boundary line between the counties of Richmond and Columbia; thence along said boundary line to the low water mark of the Savannah river; thence along said low water mark of said Savannah river to the present western boundary of the city of Augusta. Sec. II. Be it further enacted , That all the territory included within the limits set forth in the first section of this Act shall constitute a part of the fourth ward of said city until the number and boundaries of the wards of said city shall be changed as authorized by law. Added to 4th ward. Sec. III Be it further enacted , That none of the real estate lying, being and situate within the boundaries set forth in section first of this Act. nor the personal property owned or represented by actual residents within said boundaries, shall be subject to taxation by the municipal authorities of the city of Augusta, until December 31st, 1887. Propertywhen subject to taxes. 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 December 9, 1882. Page 259 TO AUTHORIZE THE CITY AUTHORITIES OF SAVANNAH TO HAVE SEWERS AND DRAINS LAID IN THE STREETS AND ALLEYS OF SAID CITY. No. 22. An Act to authorize the mayor and aldermen of the city of Savannah to lay down and construct in the streets and lanes of said city such sewers or drains as may be necessary, and to assess upon the owners of lots abutting on so much of such street or lane in which sewers or drains may be laid under this Act, the cost of such improvement pro rata to the assessed value of said lots, and to provide for the manner of collecting such assessments. Section I. Be it enacted by the Senate and the 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 mayor and aldermen of the city of Savannah be, and they are hereby authorized and empowered, for sanitary purposes, or upon the application of the owners of a majority of the lots abutting on any street or lane or portion thereof, through which such desired or necessary primary drain may run, to lay down and construct, under such regulations as they may prescribe, a system of primary drains for the special purpose of house drainage, and to apportion and assess the cost of the same upon the owners of the lots abutting on the lines of the streets or lanes or portions thereof, through which said drains are laid, in ratio and manner as hereinafter provided. Primary drains allowedin what way. Cost ofby whom paid. Sec. II. And it is further enacted by the authority of the same , That wherever, in the judgment of said mayor and aldermen, the larger drains or sewers now existing in said city can be made to subserve the purpose of cross drains or main trunk outlets for the discharge of the outflow from said primary drains, whether because of their location, grade, structure, or want of adaptation of said purposes of house drainage, it shall be lawful for said mayor and aldermen, and they are hereby further authorized and empowered, to lay down and construct on such lines and cross lines, and through such streets or lanes or any portion of them as they may determine upon, such larger cross drains and main trunk outlets as may be necessary for the reception and transmission of the outflow of said primary drains, or for any portion of them, immediately receiving the discharges from the premises abutting along their lines; and when such larger cross drains or main trunk outlets are used both as primary drains for the immediate reception of the outflow from the premises abutting along their lines, and as cross drains or main trunk outlets for tributary primary drains, so much of their cost as shall be equal to the expense of constructing primary drains of similar length along the same lines, shall be assessed upon the owners of the lots abutting along their lines, and the excess of cost of Page 260 said larger drains over and above the cost of constructing primary drains of similar length on the same lines, shall be charged to said corporation. Cross drains, etc. Costwhen divided. Sec. III. And it is further enacted by authority of the same , That the ratio which the breadth or face of any lot abutting on the line of any such drain bears to the length of such drain on said line shall be the ratio of computation of the amount to be assessed upon the owner of such lot, as his pro rata of expense in the construction of such drain; it being understood that the total cost of construction of a primary drain shall be divided between the owners of the lots abutting on both sides of the street or lane or portion thereof, through which said primary drain shall have been constructed: provided , That when a primary drain lies abreast of one front of any lot, and a cross or trunk drain shall be constructed along another front of the same lot, no assessment shall be made upon said lot, except for its pro rata apportionment of the cost of such primary drain; and provided, further , that in the case of said larger cross drains or main trunk outlets such assessments shall be distributed between the lot owners and the corporation, as provided for in section 2d of this Act. Rates of computation. Sec. IV. And it is further enacted by authority of the same , That wherever such drain is constructed along the line of any street or lane, it shall be supplied with a means of flushing at necessary intervals independent of, and in addition to, the fluids pouring into it from connecting house pipes. And when the sanitary provisions are perfected and the outflow through said larger cross drains and main trunk outlets provided for, it may and shall be lawful for said mayor and aldermen to require the abolition of all privies and dry wells attached to premises tributary thereto. Means of flushing supplied. Sec. V. And it is further enacted by the authority of the same , That whenever the owners of the lots abutting any street or lane or portion thereof, have previously constructed at their own expense primary drains of sufficient capacity for the purpose of house drainage, and desire to have such drains received as part of the general system, where their location, grade, structure and capacity are in harmony therewith, or to have them relaid in a proper location and grade when otherwise suitable, so as to secure the benefits provided for the general system in section 4 of this Act, it shall be lawful for said mayor and aldermen to accept such piping on such terms and conditions as shall be just and reasonable, and, when necessary, to relay said lines in harmony with the general system. Private drains accepted, etc. Sec. VI. And it is further enacted by authority of the same , That whenever the said mayor and aldermen shall deem it necessary to construct a primary, or cross, or trunk drain of the character referred to in the previous sections of this Act, for sanitary purposes, notice of such intended work shall be given the owners of the lots abutting on the street or lane through which said drain is intended to be run, and said owners of said lots abutting on said street or lane shall have a right to appeal to said mayor and aldermen against the execution of said work; and said mayor and aldermen, Page 261 after hearing the objections thereto presented by said owners of said lots abutting on said street or lane, or portion thereof, through which it is deemed necessary to construct said drain for sanitary purposes, shall render a final decision as to whether, for the time being, such drain shall be laid and constructed or not. Notice to owners of lots. Right of appeal. Sec. VII. And be it further enacted by the authority of the same , That whenever such drain is constructed along the lines of any street or lane, it shall be supplied with at least one T opposite each lot, so that connections can be easily made with same from said lots, and no fees for connections with such drain or sewer so laid shall be assessed on the owner of said lot for connecting therewith other than the assessment provided for by this Act, but each owner of said lots shall perfect their connections at their own individual cost, and shall make the same in such manner as the said mayor and aldermen shall prescribe. Connections provided for. Sec. VIII. And be it further enacted by the authority of the same , That after the completion of any such drain or drains, sewer, or sewers, as provided for in this Act, it shall be the duty of the said the mayor and aldermen of the city of Savannah to keep the same in repair at its own cost and expense, no part of which shall be assessed upon any of the owners of the lots abutting on said drains or sewers. City to keep drains in repair. Sec. IX. And it is further enacted by the authority of the same , That upon the completion of any such drain and its acceptance by the city, the pro rata assessment upon the owner or owners of the lots abutting along its line or lines, shall be due and payable to the treasurer of said city, which fact shall be advertised in the official paper of the city for at least three days; but the owner or owners of any land affected by said assessment shall have the right to appeal therefrom to a jury in the city court of Savannah within ten days after the publication of said notice in the official paper of said city, and shall give notice of said appeal to the mayor of said city within three days after filing the same; but if no appeal is made from said assessment, and if any owner or owners of any such abutting or assessed lots shall fail or refuse to pay said assessment for such improvement for thirty days after the publication of such notice that such work has been finished and accepted by the city, the city treasurer of said city may at once issue an execution against such owner or owners as for unpaid taxes, and shall give the same to the city marshal of said city, who shall levy the same upon the abutting lot or lots, including improvements thereon, of the person or persons against whom such execution may have been issued, and shall advertise and sell such property, in the same manner and under the same terms and conditions as are set forth in an Act of the General Assembly of the State of Georgia, entitled, An Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877. Assessmentswhen due and how collected. Appeals. Execution may issue. Levy of. Sale under. Sec. X. And it is hereby further enacted by the authority of the same , That all Acts and parts of Acts conflicting with this Act be, and the same are hereby repealed, so far as they so conflict. Approved December 9, 1882. Page 262 TO AMEND THE REGISTRATION LAWS OF SAVANNAH, ETC. No. 24. An Act to amend an Act entitled 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, approved September 29, 1881, by changing and adding to the qualification of voters as prescribed in section 1 (one) of said Act by altering and amending the method, manner and time of selecting the members of the board of registration and election managers in said city as prescribed in said Act, by the addition of certain provisions concerning the custody and keeping of the books of registration as therein provided for, and for other purposes. Section I. The General Assembly of the State of Georgia hereby enacts , That section one of an Act entitled 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, approved September 29, 1881, shall be, and the same is hereby amended by inserting after the words shall be, in the second line of said section, the words those required by this Act and the Constitution of Georgia for electors in elections by the people in this State, by striking out the word a, before the word prescribed, in the said second line of said section, and inserting in lieu thereof, before said word prescribed, the words in addition to those, so that the said section, when so amended, shall read as follows: That the qualifications of voters at elections for mayor and aldermen of the city of Savannah shall be those required by this Act and the Constitution of Georgia for electors in elections by the people in this State, in addition to those 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 such election. Section 1 as amended. Sec. II. That section two of said Act be amended by striking therefrom, in the beginning thereof, the words The judge of the superior court of Chatham county, the judge of the city court of Savannah and the ordinary of Chatham county, and substituting therefor the following words: D. C. Bacon, John Flannery, George S. Haines, William Iwoll and F. M. Hull, citizens of Savannah, and their successors in office, are hereby declared to be and are constituted election commissioners for the said city of Savannah, and they, or a majority of them, duly qualified as hereinafter provided, Page 263 by changing the time at which the appointment of freeholders, who shall constitute a board of registration and election managers in said city, shall be made from two months before each election to one month before each election, so that said section, when so amended, shall read as follows: D. G. Bacon, John Flannery, George S. Haines, William Iwoll and F. M. Hull, citizens of Savannah, and their successors in office, are hereby declared to be and are constituted election commissioners for the said city of Savannah, and they, or a majority of them, duly qualified as hereinafter provided, by changing the time at which the appointment of freeholders, who shall constitute a board of registration and election managers in said city, shall be made from two months before each election to one month before each election, so that said section, when so amended, shall read as follows: D. C. Bacon, John Flannery, George S. Haines, William Iwoll and F. M. Hull, citizens of Savannah, and their successors in office, are hereby declared to be and are constituted election commissioners for the said city of Savannah, and they, or a majority of them, duly qualified as hereinafter provided, 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 one month 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 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 city, with the books prepared for that district, so that all persons otherwise qualified may register in the district in which they reside, in order to vote at said election. All applications to register must be made in person, and no person shall be registered until he has first personally answered all questions necessary to the proper filling of the blanks in said books. Any member of said board may swear an applicant for registration touching his right to do so. Section 2d as amended. Sec. III. That said Act be, and the same is hereby amended in the fifth (5th) section thereof, by adding to said section after the last word thereof, the following words: The election commissioners provided for in section two of said Act as hereby amended, shall take the same oath as is prescribed for the members of said board, and the said commissioners, or a majority of them, at any meeting publicly called for that purpose, shall have power and authority to fill any and all vacancies occurring in said election commissioners. It shall also be a part of the duty of said election commissioners to Page 264 cause proper books to be made out from the tax collector's books of Chatham county and the records of the clerk of council's office for said city, of all persons in said city who have paid their poll tax to the county authorities, or the registration fee in lieu thereof, to said clerk of council, since the adoption of the present Constitution; and one of the books so prepared shall be given by said election commissioners to the three freeholders appointed to preside in each district; the actual cost of preparing said book shall be paid out of the city treasury, and when the name of any applicant for registration does not appear on said book, he shall not be allowed to register until he shall have first satisfied said freeholders of the fact that all taxes chargeable against him by law, and which he has had an opportunity to pay, have been in fact duly paid; and all books used in or about said election shall be turned over after the holding of the same to said election commissioners. No person whatever, save those appointed by law, shall have access to such books, or any of the information contained therein, prior to the holding of the election at which the same are to be used. Section 5 amended. Sec. IV. That section six of said Act be, and the same is hereby amended, by adding after the word Act, in the fourth line thereof, as herein amended, so that the same shall read: 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 as herein amended; and each of said members 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. Section 6 as amended. 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 December 9, 1882. TO AUTHORIZE THE CITY COUNCIL OF AUGUSTA TO EXERCISE POLICE CONTROL OVER CITY PROPERTY AT THE HEAD OF THE AUGUSTA CANAL, Etc. No. 25. An Act to authorize the city council of Augusta to exercise police control over city property at the head of the Augusta canal, and the dam across the Savannah river, 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 for the purpose of enabling the city authorities to fully protect the water works canal and dam, including all machinery and other property connected with the same, and to maintain order in and about the same, Page 265 the corporate limits of the city of Augusta are, for the purposes aforesaid, hereby extended so as to embrace the dam across the Savannah river to the South Carolina boundary of same; the bulk-head locks, and all land connected with the same. Also, all that tract of land now owned by said city of Augusta, situated in Columbia county, Georgia, near said canal dam, containing twelve acres, more or less, and enclosing on its southeast and west sides abutments of the old bulk-head of said dam; bounded north, by the Augusta canal, south and east by land now or formerly owned by Skinner, and east by lands now or formerly owned by John Pierce, trustee; also 1 and 83-100 acres of land as follows: That tract of land upon which the city of Augusta has the exclusive right to quarry stone and remove earth, said tract of land being bounded north by Savannah river, south and west by lands of John Pierce, trustee, and east by tract of land belonging to city of Augusta. Corporate limits and police powers extended. Sec. II. Be it further enacted , That the city council of Augusta shall have full power and authority to pass such ordinances as may be necessary to enable it to properly police and control said territory and all the city property therein, and to maintain order therein. May pass necessary ordinances, etc. 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 December 9, 1882. TO INCORPORATE THE TOWN OF CHIPLEY, IN THE COUNTY OF HARRIS, AND FOR OTHER PURPOSES. No. 26. An Act to incorporate the town of Chipley, in the county of Harris; to provide for the election of a mayor, five councilmen and a recorder for the same; to define the corporate limits of said town; and to confer certain powers upon the officers of said corporation, 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 municipal government of the town of Chipley shall be vested in a mayor and five councilmen and a recorder, who are hereby constituted a body corporate under the name and style of mayor and council of the town of Chipley, and by that name and style shall have a perpetual succession; shall have a common seal, and shall have power to purchase have, hold, receive, enjoy, possess and retain to them and their successors, for the use of said town, any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said town; and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Corporate powers vested. Corporate name. General powers. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend three-fourths of a mile Page 266 south, from the point where main street crosses the Columbus and Rome railroad; from thence northwest to the original west line of lot No. 76, thence along said line, including the residence of L. L. Hardy, Sr., thence along the Harris and Meriwether line, including the residence of N. H. Sledge, extending to the spring branch north of J. J. Tucker's, thence east to the west boundary line of lot of land No. 94, thence south along said line to the northeast corner of lot of land No. 76, thence east to the road passing John B. Hasty's, and thence south on the west side of said road to the point three-fourths of a mile south of the point where the Columbus and Rome railroad crosses Main street in said town of Chipley. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That an election shall be held on the third Wednesday in December, 1882, and on the third Wednesday in said month each year thereafter, for a mayor, five councilmen and a recorder, to serve for one year or until their successors are elected and qualified. All male inhabitants of the age of twenty-one years, who have resided within the corporate limits of said town for twenty days previous to the day of election, and who have paid all taxes required of them by said corporation, and who shall be entitled to vote for any State or county officers under the Constitution and laws of this State, shall be eligible to vote. Election for mayor, etc. Who may vote. Sec. IV. Be it further enacted by the authority aforesaid , That said election shall be held under the superintendence of any justice of the peace or notary public, ex officio justice of the peace, in the district where said town is located, together with any two freeholders within the said corporate limits; and if no justice of the peace or notary public, ex officio justice of the peace, then any three freeholders of said town. Electionhow held. Sec. V. Be it further enacted by the authority aforesaid , That the persons who shall receive the highest number of legal votes at said election, for mayor, councilmen and recorder, shall be declared duly elected; and that the managers shall give certificate thereof when required, and the persons so elected shall attend at the council-room or usual place of meeting of council within five days after said election and qualify, by taking an oath well and truly to perform the duties of their respective offices during their term of service; and shall, forthwith, enter upon the discharge of their duties. Certificates of election. Oath of office. Sec. VI. Be it further enacted by the authority aforesaid , That any person shall be eligible as mayor, councilman or recorder of said town, who shall be duly qualified as voter for said officers. Who eligible. Sec. VII. Be it further enacted by the authority aforesaid , That in case of a vacancy in the office of mayor by death, resignation, or otherwise, the board of councilmen and recorder shall elect from their body a mayor for the residue of the term; and in case of a vacancy in the office of a councilman, or recorder, from any cause, the mayor and councilmen shall elect some citizen of said town to fill such vacancy. Vacancy. Sec. VIII. Be it further enacted by the authority aforesaid , That if the mayor, or any other member of the council, or any other officer, on being tried by a full board, be found guilty of any malpractice Page 267 in office, or abuse of any power confided to him, or for habitual drunkenness, willful violation of any of the ordinances of the town, or any conduct unbecoming the mayor, or councilman, or recorder, he shall be discharged from office and the vacancy filled by remainder of board. Malpractice in fice. Habitual drunkenness, etc. Sec. IX. Be it further enacted by the authority aforesaid , That said mayor and council and recorder shall have authority to appoint a treasurer, marshal, and such other officers as they may deem necessary and proper; and to regulate the time and mode by which they will elect said officers, fix their fees and salaries, to take their bonds, to prescribe their duties and oaths, and remove them from office for sufficient cause at their discretion. Treasurer, Marshal, etc Bonds taken. Sec. X. Be it further enacted by the authority aforesaid , That said mayor and council shall have full power and authority to levy and collect a tax upon all and every species of property, real and personal, within the limits of said town (except church and school property), upon banking and insurance capital employed in said town; provided , nevertheless, said tax so levied shall not exceed the State tax on the same species of property or business. Taxing powers. Sec. XI. Be it further enacted by the authority aforesaid , That said mayor and council shall have power to tax all theatrical performances, exhibitions, or shows of any kind for profit, within the corporate limits of said town. Exhibitions, etc., taxed. Sec. XII. Be it further enacted by the authority aforesaid , That said mayor and council shall have full power and authority to remove or cause to be removed any building, porch, steps, fence, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square of said town now in use, or which may hereafter be in use; also, may establish a market or markets in said town and regulate the same; also, to license and regulate all taverns and public houses in said town; also, to regulate all butchers' pens, slaughter houses, tanyards, blacksmith shops, forges, stoves and chimneys, for the protection of the property of the citizens of said town from fire; provided , that said parties shall be paid a reasonable compensation for any of their buildings, or other things, changed, altered or removed by said mayor and council, the price of the same to be determined upon by one person selected by the party whose property is changed, altered or removed, and one person selected by the mayor of said town; and, should these two fail to agree, then they are to call in a third man. Nuisances. Market. Taverns, etc. Butchers. Sec. XIII. Be it further enacted by the authority aforesaid , That the said mayor and council shall have the exclusive right to grant license to retail liquors in said town, to fix the rates of said license and the terms upon which they shall issue, and declare said license void when the terms are not complied with. They shall also have the power to impose a fine upon any person or persons who shall sell by retail without license, any intoxicating liquors within the limits of said town, of not more than fifty dollars and costs of trial for each offense, or to confine such offenders in the guard-house, or on the chain-gang on public streets, or other work in said town, Page 268 and every such sale shall constitute a distinct offense. They shall have power to regulate and control all bowling or ten-pin alleys, and billiard and pool tables, and remove the same whenever they shall consider them a nuisance. Spirituous liquorsretail of. Sec. XIV. Be it further enacted by the authority aforesaid , That said mayor and council shall have full power to impose fines, or confine in the guard-house, or on the chain-gang on any public street or works in said town, not exceeding thirty days, any person who shall violate any ordinance of said town, and that said offenders may be tried before the mayor alone, and in the event of his absence, or sickness, or any other cause, then before the mayor pro tem. , who must be elected by the mayor and council and recorder at their first meeting; and said mayor and mayor pro tem. shall be ex-officio justices of the peace, with full power to issue warrants for any violation of the laws of the State within said corporate limits, and to commit said offenders to jail, or bind them to appear at the superior court, to answer for the offense; and the marshal, or any of the deputies, or police force, shall have power to execute said warrants wherever the offenders may be found in this State; and also shall have power to execute any criminal warrant in this State. Power to punish. Sec. XV. Be it further enacted by the authority aforesaid , That said mayor and council shall have power to pass all laws and ordinances for the purpose of protecting said town against damages, or injury by fire, which they may deem necessary, and declare any portion of said town fire districts; to provide suitable penalties for violation of any such laws or ordinances as may be proper for the purpose of carrying out this section of this Act. Laws and ordinances for town government. Five districts. Sec. XVI. Be it further enacted by the authority aforesaid , That the said mayor and council of the town of Chipley shall have full power and authority to make, ordain and enforce all such by-laws, rules, ordinances and regulations as may appear to them necessary and proper for the security, welfare and interest of said town, and for preserving the health, peace, order, morals and good government of the same, not inconsistent with the Constitution and laws of this State; and the mayor, or in his absence the mayor pro tem. , shall have power to try all offenders, and impose such penalties, consistent with the Constitution and laws of this State, as may be prescribed by the ordinances of said town; provided , that no imprisonments exceeding ten days, or fine exceeding fifty dollars, shall be imposed; and the recorder shall attend all such trials and keep record of the same, and shall be allowed as compensation such amount of costs as may be established by said mayor and council; and shall keep minutes of each meeting and record the same, and all the ordinances, by-laws and regulations, and shall receive such compensation for his services as the mayor and council may allow. May enforce by laws, etc. May try offenders. Sec. XVII. Be it further enacted by the authority aforesaid , That said mayor and council shall regulate their time and place of holding their meetings. Time and place of meetings. Sec. XVIII. 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 9, 1882. Page 269 TO AMEND AN ACT IN RELATION TO THE COMMONS OF COLUMBUS, GEORGIA. No. 31. An Act to amend an Act to vest the title to the commons of the city of Columbus in commissioners to sell the same and apply the proceeds to certain purposesapproved February 18th, 1873, so as to empower said commissioners to reserve and set apart at the request of the mayor and council certain portions of said commons for railroad 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 third section of an Act to vest the title to the commons of the city of Columbus in commissioners to sell the same and apply the proceeds to certain purposes, be so amended as to insert in the third line of said section between the word purposes, and the word and, the following words, to-wit: And, at the request of the mayor and council of the city of Columbus, so much of said commons as they may deem proper for railroad purposes, and also by adding at the end of said section third the following proviso, to wit: Provided , however, that any common land, so set apart or reserved for railroad purposes, shall not be exempt from taxes, when entered upon and taken possession of by the railroad company or companies to which it may have been granted, so that said section when so amended shall read as follows: That the said commissioners be empowered to reserve or set aside so much of the said commons as they may deem proper for parks, and school, and church purposes; and, at the request of the mayor and council of the city of Columbus, so much of said common as they may deem proper for railroad purposes; and that all of said common shall be exempt from taxes until actually sold or leased; provided, however , that any common lands so set apart or reserved for railroad purposes, shall not be exempt from taxes when entered upon and taken possession of by the railroad company or companies to which it may have been granted. Section as 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 December 12, 1882. Page 270 TO WITHDRAW CERTAIN LANDS FROM THE CORPORATE LIMITS OF THE VILLAGE OF SUMMERVILLE, RICHMOND COUNTY, GEORGIA. No. 32. An Act to withdraw from within the corporate limits of the village of Summerville the lands of the Augusta Land Company, and others lying north of the Washington 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 from and after the passage of this Act, all the lands of the Augusta Land Company, and others which lie north of the Washington Road, in said county, shall be withdrawn from the corporate limits of the village of Summerville, so that the northern boundary line of said village of Summerville shall be said Washington Road. Lands withdrawn. Northern boundary 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 December 11, 1882. TO AMEND THE CHARTER OF THE CITY OF NEWNAN, IN COWETA COUNTY. No. 34. An Act to amend the charter of the city of Newnan so as to change the corporate name of said city from the Mayor and Aldermen of the City of Newnan to the City of Newnan, and so as to change the term of office of the mayor and aldermen from one to two years, 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 corporate name of the city of Newnan, in the county of Coweta, shall be The City of Newnan, instead of The Mayor and Aldermen of the City of Newnan. Name changed. Sec. II. Be it further enacted by authority of the same , That the term of the mayor's office is changed from one to two years, to begin with the mayor elected at the first election held after the approval of this Act. The aldermen elect receiving the highest votes shall hold their offices for two years; the other two shall hold for only one year. After that, two aldermen shall be elected each year, whose term of office shall be two years. Term of office of mayor changed. Term of office of aldermen. 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 December 11, 1882. Page 271 TO AMEND THE CHARTER OF THE CITY OF MACON AND ACTS AMENDATORY THEREOF. No. 36. An Act to amend the charter of the city of Macon, and the Acts amendatory thereof so as to prescribe the number, qualification, term of office, and compensation of the aldermen of said city; to regulate the method of registration of voters therein, 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, there shall be elected, as now provided by law for the city of Macon, twelve aldermen, three of whom shall reside in each of the four wards of said city at the time of their election. All of said aldermen shall be freeholders, and their term of office and duties shall be as prescribed in the charter of said city. Number of aldermen, residences of, their qualifications, term of office and duties. Sec. II. Be it further enacted , That each of said aldermen shall be entitled to receive out of the treasury of said city the following sums, which shall be in full of all compensation, to-wit: For each and every session of the board of mayor and council actually attended, $3.00; provided , that in no case shall the aggregate amount paid to any one alderman exceed the sum of one hundred and fiftysix dollars per annum; provided , also, that not more than three dollars shall be paid to any alderman for attendance during any one week, nor shall any service in one week be estimated for compensation in any other week. It shall be the duty of the clerk of said city to keep a faithful record of the attendance of each alderman on the session of said board, and the compensation herein provided for shall be paid only on his certificate of such actual attendance. Such certificate shall accompany the treasurer's voucher. Pay of aldermen. Duty of city clerk. Compensation of aldermenhow paid. Sec. III. Be it further enacted , That the clerk of the city of Macon, while the council registry of voters is going on, shall not enter the name of any person on the registry list unless the party desiring to register shall apply in person at the office of said clerk, during the hours fixed for registration. It shall be the duty of all persons applying to register, to furnish to the clerk satisfactory evidence of their qualifications for registration. In case they do not do so, then said clerk shall not register the persons so applying, unless they will each take the following oath or affirmation: I do swear, (or affirm, as the case may be) that I am qualified to vote for members of the State Legislature in the county of Bibb, that I have resided for the last thirty days in the city of Macon, and have paid all taxes legally imposed and demanded of me by the city of Macon, so help me God. The clerk of said city is hereby authorized to administer said oath; and where parties are so sworn he shall make a minute of the fact upon the registry. Any person swearing falsely Page 272 under this section shall be liable to indictment and punishment for false swearing. Person registering must do so in person. Must furnish evidence of qualification to register. Registration oath. Minute of oath to be made. False swearing punishable. 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 December 11, 1882. AUTHORIZING THE ISSUE OF BONDS BY THE TOWN OF ELBERTON FOR REDEMPTION OF OUTSTANDING BONDS OF SAID TOWN, Etc. No. 46. An Act to authorize the municipal authorities of the town of Elberton, in this State, to issue and sell bonds of the town of Elberton, not exceeding twelve thousand dollars in the aggregate amount, for the purpose of redeeming the outstanding bonds of said town, which bonds were duly issued anterior to 1877, and to authorize said municipal authorities to levy and collect a tax upon the taxable property within the corporate limits of said town, to pay the interest on and redeem said bonds, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the municipal authorities of the town of Elberton, in said State, be and they are hereby authorized and empowered to issue bonds of said town, not to exceed in the aggregate amount the sum of twelve thousand dollars, which bonds shall be in denominations not greater than one thousand and not less than one hundred dollars. and shall be due and payable twenty years after the date of their issue; said bonds to bear interest at seven per cent. per annum, payable semi-annually. May issue bonds. Not to exceed $12,000. Description of bonds. Rate of interest. Sec. II. Be it further enacted , That said bonds shall be signed by the president and clerk of the council of said town, and shall have coupons attached for the semi-annual interest on the same, which coupons shall be signed by the president of said council, and payable on the first day of January and first day of July of each year said bonds shall run. Bondshow signed. Couponshow signed, etc. Sec. III Be it further enacted , That said bonds shall be sold or negotiated in such way and manner as said municipal authorities may determine to be for the best interest of said town, and the proceeds of the sale or negotiation of the same shall be applied to the redemption of the outstanding bonds of said town of Elberton, and said municipal authorities shall be authorized to exchange any bonds issued under this Act for like amount of any outstanding bonds of said town, upon such terms as they may think for the interest of said town. Bondshow sold. Proceeds of sale. Bonds may be exchanged for outstanding bonds. Sec. IV. Be it further enacted , That the faith and credit of the municipal corporation, of the town of Elberton, is hereby pledged to the redemption of said bonds, upon their maturity, and to the payment of the coupons attached to the said bonds. Pledge for redemption Page 273 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 December 12, 1882. TO AUTHORIZE THE CITY OF EATONTON TO ESTABLISH AND MAINTAIN PUBLIC SCHOOLS IN SAID CITY. No. 51. An Act to authorize the mayor and city council of Eatonton to establish and maintain public schools in the city of Eatonton, Georgia, by local taxation, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and city council of Eatonton shall have authority to establish and maintain public schools by local taxation within the limits of the city of Eatonton. City authorities may establish public schools Sec. II. Be it further enacted by the authority aforesaid , That said mayor and city council shall be empowered to prescribe who shall be permitted to said schools. Beneficiarieshow determined. Sec. III. Be it further enacted by the authority aforesaid , That the teachers to be employed under this act shall be elected by the trustees of the various schools of said city, said elections to be subject to the approval of said mayor and council; and when no trustees exist, said teachers shall be elected by said mayor and city council. Teachershow elected. Sec. IV. Be it further enacted by the authority aforesaid , That said mayor and city council shall have authority to charge a reasonable tuition fee for all pupils attending the city schools who do not reside within the corporate limits of said city, and all revenues derived from this source shall constitute a part of the school fund. Non residentshow admitted as pupils. Sec. V. Be it further enacted by the authority aforesaid , That the salaries of all teachers shall be fixed for each year by said mayor and city council, and shall be payable under such rules and regulations as may be established by said mayor and city council. Teachershow paid. Sec. VI. Be it further enacted by the authority aforesaid , That the rates of taxation under this act shall not exceed one-half of one per cent. for each year. Rates of taxation. Sec. VII. Be it further enacted by the authority aforesaid , That in addition to the authority hereinbefore conferred upon mayor and city council, they shall have authority to make all needful by-laws, rules and regulations for establishing, maintaining and governing said schools. By-laws, rules, etc., for establishing and maintaining said schools. Sec. VIII. Be it further enacted by the authority aforesaid , That this act shall not take effect until the same shall have been submitted to a vote of the qualified voters of said city of Eatonton and approved by a two-thirds vote of persons qualified to vote at such Page 274 election, and no person shall be entitled to vote at said election unless in addition to the general qualification prescribed by the Constitution of the State of Georgia he shall pay city tax upon $200 worth of property, as shown by the tax digest of said city for the year in which the vote is taken; or unless upon offering to vote he shall make oath that he owns $200 worth of property subject to city tax in said city of Eatonton. Act to be submitted to qualified voters. Qualification of voters. Sec. IX. Be it further enacted by the authority aforesaid , That immediately after the passage of this act, or at any time within ten years from that date, said mayor and city council shall have authority to order said election under such rules as obtain in other elections in said city of Eatonton or such rules as said city council may prescribe, provided that nothing herein contained shall be construed as authorizing said election to be held until notice of same shall have been published for (30) thirty days previous to said election in the paper in which the legal advertising of Putnam county is done. Election may be ordered when. Notice of. 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 December 12, 1882. TO AMEND THE REVISED CHARTER OF AMERICUS. No. 54. An Act to amend the revised charter of the city of Americus, approved February 22, 1872. 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 sections 18 and 19 of the revised charter of the city of Americus, approved February 22, 1872, be, and the same is hereby amended as follows: The mayor and city council of Americus shall have power and authority to levy and collect, as street tax, in addition to other taxes, a tax not exceeding three dollars upon each and every male person in said city between the ages of eighteen and fifty years, except licensed ministers of the gospel who are in the regular discharge of ministerial duty and in charge of one or more churches, and all persons who have lost one leg or one arm; provided , that any person so taxed shall have an opportunity to work the streets of said city, and may relieve himself of said tax by working on the streets for six days, under the control and direction of the city marshal. Sections 18 and 19 amended. Street tax. May work streets in lieu of tax. Sec. II. Be it further enacted , That upon the non-payment of said street tax, and refusal or failure to work on the streets as hereinbefore provided, the mayor shall have power, after five days' notice to such defaulter, to sentence him to work on the streets for a number Page 275 of days sufficient to pay all taxes assessed against him, at fifty cents per day if the city provides rations, and at one dollar per day if the party provides his own rations. Defaultershow dealt with. Sec. III. Be it further enacted , That it shall be the duty of the city marshal to execute the foregoing provisions, so far as they are applicable to his office, and to execute any sentence of the mayor made in pursuance of the authority herein granted. Marshal's duty. Sec. IV. 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 12, 1882. TO AMEND THE REVISED CHARTER OF THE CITY OF AMERICUS, Etc. No. 65. An Act to amend the revised charter of the city of Americus, and to provide for the collection of taxes and other debts that may be due the city. 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 3651 of the Code of Georgia, edition of 1882, in reference to the sales of property by sheriffs and other State's officers, shall apply to and govern all sales of the property by the marshal of the city of Americus. Marshal saleshow governed. 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 12, 1882. TO AMEND THE CHARTER OF TALBOTTON. No. 68. An Act to amend the charter of the town of Talbotton, so as to authorize the mayor and council of said town to pay off a certain mortgage execution against Le Vert Female College, located in said town, to take from the trustees of said college a fee simple title to the same, to be used for school purposes; to provide revenue for the same, and to further provide revenue for aiding in maintaining a school thereat; and also for aiding in maintaining a school for colored children in said town, 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 Page 276 the mayor and council of the town of Talbotton be, and they are hereby authorized and empowered to pay out of any moneys in their treasury, not otherwise appropriated, a certain mortgage fi. fa. against the buildings and grounds of Le Vert Female College, and in consideration for such payment to take from the trustees of said Le Vert Female College a fee simple title to the property of said college, including building and grounds, apparatus, furniture, etc., together with the rights, powers and franchises granted to said trustees by an Act of the General Assembly of Georgia, approved March 3, 1856, being an Act to change the name of the Talbotton Female Academy in Talbot county, Georgia, located at Talbotton, to that of Le Vert College, to incorporate the same, and to confer certain powers on the board of trustees therein mentioned. To pay mortgage fi. fa. against Le Vert Female College. Trustees to make title. Sec. II. Be it further enacted , That said mayor and council shall be authorized to pay said mortgage fi fa. out of any money in their treasury, not otherwise appropriated, which they derive from the sale of licenses. From what fund paid. Sec. III. Be it further enacted , That when said fi. fa. has been paid off and canceled, and the trustees of said college shall have made a title in fee simple as provided in the first section of this Act to the property therein described, then said mayor and council shall proceed to elect a board of trustees for said college, which said board of trustees shall have the same powers and authority over the conduct of said school as they had before the passage of this Act, except that said college building and grounds shall be used for the purpose of educating white children, both male and female, provided that no degrees shall be conferred or diplomas awarded to any but female pupils. Trusteeswhen appointed. Sec. IV. Be it further enacted , That the mayor and council of said town of Talbotton shall be required to keep said college buildings and grounds in proper repair, and for that purpose they are hereby authorized to appropriate an amount of money not exceeding two hundred dollars per annum. To be kept in repair. Sec. V. Be it further enacted , That in order to aid the people of said town in providing education for their children, said mayor and council are hereby authorized to appropriate, out of such funds as they receive from the sale of licenses, so much thereof as they deem necessary for aiding the trustees in carrying on a school at said college, and also the trustees of any colored school in said town to aid them in carrying on a school for colored children. Appropriations for. 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 December 12, 1882. Page 277 TO AMEND THE CHARTER OF THE CITY OF ATLANTA. No. 69. An Act to amend an Act entitled an Act to establish a new charter for the city of Atlanta, approved February 28, 1874, so as to strike from section thirty-one (31) of said Act so much thereof as authorizes the sale of books, maps, charts and mathematical instruments free from tax in said city. Section I. The General Assembly of the State of Georgia do enact , That so much of section thirty-one (31) of an Act of the General Assembly of this State, entitled an Act to establish a new charter for the city of Atlanta, approved February 28, 1874, as authorizes the sale of books, maps, charts and mathematical instruments in said city free from tax, is hereby repealed. Free sale of books, etc., repealed. Sec. II. Be it further enacted by the authorityi aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1882. TO INCORPORATE THE TOWN OF SALT SPRINGS, IN DOUGLAS COUNTY. No. 71. An Act to incorporate the town of Salt Springs, in the county of Douglas, and to provide for a mayor and council for said town, and to confer certain powers and privileges upon the mayor and council thereof, 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 Salt Springs, on the Georgia Pacific Railway, in the county of Douglas, is hereby incorporated as a town under the name of Salt Springs. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one-half mile wide on each side of the Georgia Pacific Railway, and one-half mile west, and one-half mile east of the depot in said town, making the corporate limits one mile long and one mile wide along said railway. Corporate limits. Sec. III. Be it further enacted, etc. , That John W. James, W. H. Causey, J. P. McKelvy, R. P Rogers and W. M. Causey, are hereby appointed councilmen of said town for and during the years 1882 and 1883, who shall serve as council of said town until the second Wednesday in November, 1883, and until their successors are elected and qualified, as is provided for in this Act. Names of councilmen. Term of service. Page 278 Sec. IV. Be it further enacted , That the council provided for in the preceding section of this Act, or a majority of them may, if they deem it necessary, appoint one of their number mayor of said town, to act until their term of office shall expire, which mayor and council shall have all the power and authority that the council hereafter provided for shall have, when they are elected and qualified, and shall have power to fill vacancies by appointment at any time one may occur. Mayorhow appointed. Sec. V. Be it further enacted, etc. , That on the second Wednesday in November, 1883, there shall be an election held in said town for a mayor and five councilmen, and annually thereafter on the second Wednesday in November; but no one shall be eligible to the office of mayor or councilman 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 way as elections for county officers in this State; and a certificate of the managers shall be sufficient authority to the person elected to enter on the discharge of the duties of his office to which they have been elected. Electionwhen held How held. Sec. VI. Be it further enacted, etc. , That before entering on the discharge of their duties the mayor and council subscribe the following oath, which may be administered by any person authorized to administer oaths: I do 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 Salt Springs, to the best of my ability and understanding, so help me God. Official oath. Sec. VII. 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 each subordinate officer, and require such bonds for the faithful performance of their duties, as they may deem necessary and proper. May elect marshals, clerks, etc. Fees. Sec. VIII. That the mayor 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. Mayorex-officio a justice of the peace. His powers as such. Sec. IX. 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 the United States; provided , the town authorities shall not impose a fine exceeding fifty (50) dollars or imprisonment in the guard house exceeding thirty (30) days. Power to pass ordinances, etc. Sec. X. That said mayor and aldermen shall have power and authority to levy and collect a tax not exceeding one-half of the 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 Page 279 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 have ordinances for the abatement of nuisances and removing obstructions from the streets of the town, and to lay out, straighten 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. General and special taxes Sale of liquor. Nuisances. Work on streets. Sec. XI. That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the eldermen 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 when he may deem it necessary, and he shall deem it his duty especially to see the peace and good order of the town are preserved, and that person 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. Chief executiveduties of. Sec. XII. 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. 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 12, 1882. Page 280 TO AMEND THE CHARTER OF PERRY, IN HOUSTON COUNTY, AND FOR OTHER PURPOSES. No. 72. An Act to amend an Act to incorporate the town of Perry, in Houston county, and to extend the limits of the same, and to repeal an Act to incorporate the town of Perry, in Houston county, and to define the authority of the commissioners of the same, passed 28th of December, 1828; and to repeal an Act to amend the charter of the city of Albany so far as to give the election of marshal to the qualified voters of said city, approved December 22, 1857, and for other purposes, approved December 12, 1859, so as to give authority to the mayor and aldermen of said town of Perry to regulate the purchase, sale and storage of cotton in said town; to license warehouses and cotton buyers, and to provide punishment for the violation of such ordinances. 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 aboverecited Act be amended as follows: That the mayor and aldermen of the town of Perry shall have full power and authority to regulate, by such ordinances as they may deem necessary, the purchase, sale and storage of cotton in said town; to license warehouses and cotton buyers, and to provide punishment for all violations of such ordinances. Power to regulate sale of cotton, etc. 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 December 12, 1882. TO INCORPORATE THE TOWN OF CLARKSTON, IN DeKALB COUNTY. No. 76. An Act to incorporate the town of Clarkston, in the county of DeKalb, in the State of Georgia, and to provide for the election of a mayor and council, and to grant to said mayor and council certain municipal and police powers in said town; to authorize said mayor and council to pass, for the government of said town as they may deem appropriate, ordinances not in conflict with the laws of this State, and to confer upon said mayor and council absolute control, in their discretion, of the sale of spirituous liquors in said town, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Clarkston, in the county of DeKalb, be, and the Page 281 same is hereby incorporated as a town, under the name of the town of Clarkston. Name of corporation. 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 Georgia railroad in said town. Corporate limits defined. Sec. III. Be it further enacted by the authority aforesaid , That an election shall be held on the third Wednesday in December, 1882, and annually thereafter on the third Wednesday in December, for mayor and four aldermen who shall serve one year, and until their successors shall have been elected and qualified; the polls to open at 8 a. m. and close at 3 p. m. Election for mayor and four aldermen. Terms of service. Sec. IV. Be it further enacted by the authority aforesaid , That 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 (except that all voters in town elections must have resided in said town thirty days next preceding said election). 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 office to which they have been elected. The returns after the first election shall be made to the mayor of said town. Who may vote or hold office of mayor and aldermen. Mode of conducting election. Returnshow made of the first election. 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 Clarkston, to the best of my ability and understanding, during my continuance in office, so help me God. Mayor and aldermen shall take oath. Sec. VI. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power and authority to elect a marshal, a clerk, a treasurer, and a tax collector, who shall also be tax receiver, 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. Officers elected by mayor and aldermen. May prescribe fees, duties and bonds of officers. Sec. VII. Be it further enacted by the authority aforesaid , That the mayor 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 compel the attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him or her to jail for violation of the laws of this State, and fine not exceeding fifty dollars or commit to the guard-house not exceeding thirty days, for any violation of the ordinances of said town; and in the absence of the mayor, any three aldermen shall have the authority to hold a mayor's court to try offenders against the ordinances of said town. Mayor exofficio justice of the peacehis powers as such. Sec. VIII. Be it further enacted by the authority aforesaid , That said Page 282 mayor and aldermen shall have power and authority to levy and collect a tax of not exceeding one-fourth of one per cent. upon all property, both real and personal, within the corporate limits of said town; provided , that no land used in said town for farming purposes shall be subject to town tax. Taxhow levied and collected on property. Sec. IX. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall be known as the mayor and aldermen of the town of Clarkston, and in such corporate name shall sue and be sued plead and be impleaded, and do all other acts in their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town of Clarkston, in perpetuity, or for a term of years, any estate or estates, real or personal, lands, tenements, hereditaments, of what kind or nature soever, within the limits of said town, and to sell, alien, exchange, or lease the same or any part thereof in any way whatever, and they shall have power to pass every other by-law, regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said town, and for preserving the peace, health, good order and government thereof; [they shall have power to make all contracts in their corporate capacity, which they may deem necessary for the welfare of said town.] They shall have power also to levy a tax on all kinds of business carried on in said town, not in conflict with the laws of this State. They shall require all town taxes to be collected (and paid over at once, or as soon as collected, to the treasurer) at such times and in such manner as the mayor and aldermen in their by-laws may direct, and in case 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 in this Act, the clerk of council shall issue execution for the same, which execution shall be signed by said clerk and bear test in the name of the mayor, and directed to the marshal of said town, commanding him to levy on the goods, chattels, lands and tenements of the defendant, or so much thereof as may be sufficient to satisfy the demand and cost, which execution shall bind all the property of defendant from the date thereof, and the cost thereof shall be the same as on tax collectors' executions by the laws of this State, and the said marshal shall proceed to advertise and sell in such manner as the ordinances of said town shall or may direct. They may require a license not exceeding fifty dollars on all ten-pin alleys, billiard and pool tables, and other establishments calculated to encourage idleness, and all shows, itinerant traders, and exhibitions performing for the purpose of gain; and they shall have power to regulate or prohibit the sale of spirituous liquors in said corporation, and fix the amount to be paid quarterly in advance for license to sell spirituous liquors in said town, said license not to be less than five hundred dollars per annum, and to make ordinances for the abatement of all nuisances, and to provide in or near the town places for the burial of the dead and regulate interments therein; to protect places of divine worship in and about the premises where held; to keep in good order and repair Page 283 all streets, sidewalks, cross-walks and drains for the use of the public, and have them kept free from obstructions on or over them (the streets now existing as originally laid out by the Georgia railroad company shall be preserved and kept open), and to extend and 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 not exceeding ten days during the year, 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 two days for each day he fails or refuses to work. Corporate name. General powers and franchises. Omitted from Act. Taxes on business, etc. Taxeshow collected, etc. Defaulting tax payershow dealt with. May regulate sales of liquor. May abate nuisances. May regulate the burial of the dead. Jurisdiction over streets. Commutation tax. Payment ofhow enforced. Sec. X. Be it further enacted by the authority aforesaid . That the mayor of said town shall be the chief executive officer of said town; he shall see that the 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, drunken 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, or in lieu of imprisonment the offender shall work the streets under the directions of the marshal until the fine is satisfied; provided , that no fine shall exceed fifty dollars, and no imprisonment be longer than thirty days for each offense, and in case the defendant should be dissatisfied with the judgment of the mayor, he shall have the right of appeal to the board of aldermen upon the payment of all costs which may 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. Mayor to be chief executive officer, etchis duties and powers as such. Sec. XI. Be it further enacted by the authority aforesaid , That the expenditures of the mayor and aldermen, and the compensation of the officers, shall be paid out of the town funds, by an order drawn by the clerk upon the treasurer and countersigned by the mayor. Expenditures how paid. Sec. XII. Be it further enacted by the authority aforesaid , That in case the mayor, or any member of the board of aldermen of said town, while in office, be guilty of any willful neglect, malpractice in, or abuse of said office, he or they shall be liable to be indicted before the superior court of the county of DeKalb, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars for each and every such offense, and shall moreover be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Malpractice, etc., liable to indictment. Sec. XIII. Be it further enacted by the authority aforesaid . That all Page 284 warrants, summons, precepts, executions, or other process issued by the clerk of council of Clarkston, shall be directed to the marshal of said town of Clarkston. Warrants etchow directed. Sec. XIV. 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 such vacancy, of which election at least ten days' notice shall be given either by advertisement in some public gazette in said town, or by posting in three or more public places therein. Vacancieshow filled. 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 12, 1882. TO AMEND THE CHARTER OF PERRY, IN HOUSTON COUNTY. No. 78. An Act to amend an Act entitled an Act to incorporate the town of Perry, in Houston county, and to extend the limits of the same and to repeal an Act to incorporate the town of Perry, in Houston, and to define the authority of the commissioners of the same, passed the 28th of December, 1828, and to repeal an Act entitled an Act to amend the charter of the city of Albany as far as to give the election of marshal to the qualified voters of said city, approved December 22, 1857, and for other purposes, approved December 12, 1859, so as to give the mayor, or in his absence any two aldermen, authority to punish offenders against or violators of all or any of the laws or ordinances of said town, by a fine not exceeding $30; or by imprisonment in the county jail of Houston county, not exceeding thirty days; or by work in the streets of said town not exceeding thirty days; or by any one or more of these punishments, in the discretion of the mayor or aldermen trying the case. 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 twelve of the above recited Act be amended by striking out the words twenty dollars in the last line of said section, and substituting therefor the following: Thirty dollars; imprisonment in the county jail of Houston county, not exceeding thirty days; to work on the streets of said town not exceeding thirty days; or, by any one or more of these punishments, in the discretion of the mayor or aldermen trying the case. So that said section shall read: That the mayor, and in his absence any two of the aldermen of said town, shall have full power and authority to try all offenders against all or any of the by-laws and ordinances of said town, and to punish Page 285 for each and every violation thereof within the corporate limits of said town, by a fine or fines, not to exceed the sum of thirty dollars, imprisonment in the county jail of Houston county, not exceeding thirty days, to work on the streets of said town not exceeding thirty days, or by any one or more of these punishments, in the discretion of the mayor or aldermen trying the case. So amended as to increase the penalty which may be imposed. 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 December 8, 1882. TO CONSOLIDATE, AMEND AND SUPERSEDE THE ACTS INCORPORATING THE TOWN OF WAYCROSS, IN WARE COUNTY. No. 79. An act to consolidate, amend and supersede the several Acts incorporating the town of Waycross, in the county of Ware, to repeal conflicting laws, to provide for a mayor and council, prescribe their duties, 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 following shall be the charter of the town of Waycross, in the county of Ware. Sec. II. Be it further enacted , That the town of Waycross shall continue to exist under the name and style of the mayor and council of the town of Waycross, and the corporate limits of said town shall extend one mile and a half in either direction from the present county court house. Corporation continued under present name. Limits defined. Sec. III. Be it further enacted , That the government of said town shall be vested in a mayor and four councilmen, and until the expiration of the term of office for which the intendant and commissioners now in office, said intendant shall be mayor, and said oommissioners shall be councilmen. And should a vacancy occur by death, resignation or otherwise, before the expiration of either of said officers' term of office, then and in that event, an election shall be held to fill or supply said vacancy or unexpired term. Governmenthow vested. Present intendant to be mayor. Present commissioners to be councilmen. Sec. IV. Be it further enacted , That on and after the passage of this Act the mayor and councilmen shall be elected on the first Saturday in January of each year, and hold their respective offices for the term of one year next thereafter, and until their successors are duly elected and qualified. Said election shall be held under the same rules and regulations, so far as applicable, that govern elections for county officers; but the returns thereof shall be made to the ordinary of said county, and all contests concerning the same shall be before said ordinary and determined by him as in other cases of contest, but no such contest shall be allowed or heard by him, unless begun within five days after the election; and the managers of such election shall issue certificates of election to such persons as shall receive the highest number of votes. But no person Page 286 shall be eligible to either of said offices, nor qualified to vote at such election, who shall not, at the time he is elected or offers to vote, have been a bona fide citizen of said town six months next prior thereto, and shall have paid all taxes to the authorities of said town, and performed all street work which shall have been lawfully required of him. Election of mayor and councilwhen held. Terms of office. Returns of electionto whom made. Contested electionshow tried etc. Who is eligible. Sec. V. Be it further enacted , That before entering upon their official duties said mayor and councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability, and they 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 to the proper management of the affairs of said town, and may make all needful rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State, to preserve the good order and health of said town; may abate all nuisances, establish and open such new streets in said town as the public interest may require, and that do not change or affect the plan of that part of said town that was purchased and laid out by the Savannah, Florida and Western Railway Company; and shall keep in good order and repair the streets and sidewalks of said town, and may require and compel the persons residing within the limits thereof, subject by law to road duty, to work on said streets and walks not to exceed five days in each year; but may receive in lieu thereof, to be expended upon said streets a commutation fee from such persons not to exceed five dollars; but such persons shall not be liable to road duty out of said town Said mayor and councilmen shall have power to levy and collect for the general government of said town not exceeding fifty per cent of the State tax on all property in said town subject to State and county tax, and may levy and collect a tax on shows and exhibitions for gain, peddlers, itinerant traders, drays, livery or sale stables, hearses or ordinary vehicles for hire or transportation in said town, warehouses, auctioneers, market houses, billiard tables, pool tables, bagatelle tables, ten pin alleys and other establishments for amusement and gain; also the sale of spirituous of malt liquors, and the license fee for the sale of spirituous liquors shall not be less than ten thousand dollars per year. They may also collect a tax not to exceed one per cent. on the gross sales of commercial fertilizers by principal or agent in said town. Said mayor may hold police courts, try offenders for violation of lawful rules and regulations prescribed for the government of said town, and may punish violations of the same by such fine and imprisonment, or work on the streets of said town, or either, as may be prescribed by said mayor and councilmen, not to exceed in fine fifty dollars, or work or imprisonment thirty days; and when sitting as a court may fine for contempt not exceeding ten dollars or imprisonment during such court not exceeding five days, for such contempt. But from all decisions of such mayor imposing penalties for violations of such rules and regulations there may be an appeal to the mayor and councilmen. Oath of mayor and council. General powers of. May cause streets to be worked, etc. May levy and collect a tax on all property. Also on shows, peddlers, traders, etc. May regulate the sale of liquors. Mayor may try and punish offenders. Appeals allowed to mayor and council. Sec. VI. Be it further enacted , That said mayor and councilmen Page 287 may appoint a clerk. treasurer and marshal and prescribe their duties, not inconsistent with this Act and the laws of this State, and require and take such bonds or bond conditioned for the faithful performance of the duties of such officer as they may deem sufficient and proper and fix their compensation; said mayor and councilmen are authorized to appoint a tax assessor, or assessors, should more than one be equired, to assess the taxable property of said town and perform such other service as may be required in connection with said office. The mayor and council shall also prescribe the fees or salary of said assessor or assessors, and require a bond conditioned for the faithful performance of the duties of said assessor or assessors in such amount as they may deem proper; said mayor and council may also appoint a tax collector for said town, prescribe his duties and regulate his salary or pay. Clerk, treasurer and marshal appointed by mayor and council. May appoint tax assessor or assessors Fees of assessor. Bond of. Tax collectorhis fees. Sec. VII. Be it further enacted , That should any property owner be dissatisfied with the assessment or valuation placed upon his or their property by said assessor or assessors, he or they shall have the right to appeal from said assessment to the mayor and council; provided , said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said mayor and council, and said assessor or assessors shall make their returns by the first day of August of each year. Owner of property may appeal from valuation of assessor to mayor and council Returns of assessor. Sec. VIII. Be it further enacted , That said mayor and council shall keep or cause to be kept open to the inspection of the citizens of said town a record of its proceedings in full, and require the treasurer to keep an itemized statement or account of all moneys received from every source, and paid out or expended for any purpose, and showing amount on hand, which shall likewise be kept open to the inspection of any citizen of said town. Mayor and council to keep a record open to inspection. Treasurer to keep statement of moneys. Sec. IX. Be it further enacted , That in the event of the absence or sickness of the mayor, or when for other reason he cannot act, said councilmen may select one of their number mayor pro tem , who shall be required to perform all of the duties of the mayor. Mayor pro temhow chosen, etc. Sec. X. Be it further enacted , That the salary of the mayor of said town shall be regulated or fixed by the mayor or councilmen at their first regular meeting in the month of January, 1883, for the ensuing term, and that the salaries, fees , or commissions of the clerk and treasurer of said town shall also be fixed at the same time for the said term, and the fees of the marshal be then prescribed as well as the compensation for any other police officers they may deem proper and necessary to appoint. The salary or salaries of any of the above named officers may be changed by said mayor and council at any time they may deem proper, provided no officer's salary shall be decreased during the term of his service. Salary of mayorhow fixed. Compensation of clerk and treasurer. Fees of marshal, etc. Sec. XI. Be it further enacted , That the mayor and council shall have power and authority at any time they may deem it necessary to do so, to appoint such police or other officers as may be necessary to enforce the ordinances of said town, with full authority to make such changes as they may deem proper by the removal from office of any police or other subordinate officer for inefficiency or neglect of duty, and to supply or fill any vacancy thus occasioned Page 288 by appointment, and all police and other subordinate officers shall be under the control of said mayor and council. Police how appointed. Sec. XII. Be it further enacted , That said mayor, or mayor and council, may impose fines as provided in section five of this article, and also collect all lawful taxes levied by them by execution to be issued by said mayor and enforced by the marshal. Mayor etc., may impose fines. May collect taxes by execution. Sec. XIII. Be it further enacted , That before said mayor and councilmen shall grant license to anyone to sell spirituous or malt liquors in said town, they shall require such person or persons to pay into the treasury the license fee fixed by this charter and give bond and take oath as required by law. License to sell intoxicating liquorhow issued. Sec. XIV. Be it further enacted , That in case there should occur a vacancy in the board of mayor and councilmen by death, resignation or otherwise, then and in that event the acting mayor or remainder of the board shall give notice at least ten days and cause an election to be held to fill said vacancy. Vacancy in office of mayor or councilhow filled. Sec. XV. 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 12, 1882. TOWN OF DALLAS INCORPORATED. No. 83. An Act to incorporate the town of Dallas, in the county of Paulding; to define the corporate limits of said town; to confer certain powers upon the officers of said corporation, and for other purposes. Section I. The General Assembly of this State enact as follows: That from and after the passage of this Act, the inhabitants now living in the town of Dallas, and those who may hereafter live within said town, be, and they are hereby made a body corporate, under the name and style of the town of Dallas, and by that name they may sue and be sued, plead and be impleaded in any court of law or equity in this State; may have and use a common seal if they shall so desire, and shall have such powers only as are conferred by this Act, or subsequent Acts amendatory thereof. Corporate name. General corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall be as follows, to-wit: The center to be a point directly opposite the court-house in said town, on the street running from the depot to the grave-yard, to run the center of said street one thousand yards north and south, each way, and six hundred yards east and west, each way, from the center of said street; the form of said territory to be an oblong square. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That F. M. Duncan be, and he is hereby appointed mayor of said town of Dallas, and T. J. Cooper, T. J. Foster, U. T. Bullock, G. W. Howell and S. Robertson be, and they are hereby appointed five aldermen Page 289 for said town of Dallas, but before entering on the discharge of their duties of office, the said F. M. Duncan, as mayor, and T. J. Cooper, T, J. Foster, U. T. Bullock, G. W. Howell and S Robertson, as aldermen, shall each and all take and subscribe before any officer authorized to administer an oath, the oath prescribed for such officers in section six of this Act, and they shall have authority to appoint such clerks, marshals, etc., as may be necessary to carry into effect the provisions of this Act; and their term of office shall be until their successors are elected and qualified as prescribed in this Act. Mayor and aldermen. Oath. Authority. Term. Sec. IV. Be it further enacted by the authority aforesaid , That an election shall be held on the second Wednesday in October, 1883, 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. V. Be it further enacted by the authority aforesaid , That on the first Wednesday in September, 1884, a second election shall be held for mayor and aldermen for said town, and annually on the first Wednesday in September thereafter. No one shall be eligible to the office of mayor or alderman, or to vote for said officers, 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 elections 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 their duties of office to which they are elected. General elections for mayor and aldermen. Voters. Sec. VI. Be it further enacted by the authority aforesaid , That before entering on the discharge of their duties, the mayor and each alderman shall take and subscribe to the following oath, before any officer authorized to administer an oath: I do solemnly swear, that I will faithfully discharge the duties required of me as mayor (or alderman, as the case may be,) of the town of Dallas, to the best of my ability and understanding, so help me God. Oath of mayor and alderman. Sec. VII. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power to elect such clerks, marshals, 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. VIII. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power and authority to pass such ordinances and by-laws as they may deem necessary for the government of said town, which are not in conflict with the laws of this State or the 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 on all property, both real and personal, within the limits of said corporation, not to exceed one-third of one per cent. Property tax. Sec. X. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power to levy or assess a license or ten-pin alleys, billiard tables, and all other establishments calculated to encourage idleness, not to exceed five hundred dollars nor Page 290 be less than twenty-five dollars. They shall have power to regulate the sale of spirituous or malt liquors within said corporate limits, and to fix a license for the same, not to be less than one thousand nor more than three thousand dollars, and to tax all shows, exhibitions, etc.; to make and pass ordinances for the abatement of nuisances and removing obstructions from the streets of said town, and to lay out streets, and to regulate the width and length thereof, and to remove obstructions from the same. They shall also have power to require all persons within the corporation of said town subject to road duty by 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 thereof, and shall have power to imprison any defaulter who fails or refuses to work said streets when required so to do, in the guard-house of said town, not to exceed three days for every day he fails to work as required. Licenses and specific taxes. Nuisances, etc. Streets. Sec. XI. Be it further enacted by the authority aforesaid , That the mayor and aldermen shall have power and authority to work on the streets of said town any person or persons convicted of a violation of the ordinances or by-laws of the town. They shall have power to fine any person or persons violating any of the ordinances of the said town, not to exceed twenty-five dollars, or imprison, but imprisonment shall not exceed thirty days. Punishment of offenders. Sec. XII. Be it further enacted by the authority aforesaid , That any person or persons convicted by the mayor shall have the right to appeal to council on payment of all costs which may have accrued up to the time of entering the appeal. 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. Appeal to council. Sec. XIII. Be it further enacted by the authority aforesaid , That in the absence of the mayor, the aldermen can elect one of their number to act as mayor pro tem. , whose authority shall be the same as the mayor in fact; and if the mayor's office becomes vacant, by death, resignation or otherwise, or either of the aldermen's office becomes vacant, the remaining members of the council shall order an election to fill said vacancy, of which ten days' notice shall be given by publication in a public gazette of the town, or by posting in two or more public places of the town. Mayor pro tem. Vacancies. 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 July 28, 1883. Page 291 TO AMEND THE CHARTER OF BUTLER, IN TAYLOR COUNTY. No. 85 An Act to amend an Act entitled An Act to incorporate the town of Butler, in the county of Taylor, so as to extend the corporate limits of said town; to authorize and empower the mayor and council of said town to issue fi. fas. , and to make valid all fi. fas. heretofore issued by order of said mayor and council. Section I. Be it enacted by the General Assembly of the State of Georgia , That the corporate limits of said town of Butler be, and they are extended to the distance of one mile in every direction from the court-house in said town; provided , that all lands now owned by Enoch F. Collins within said radius (the same being twenty-five acres in the southeast corner of lot of land No. 34, in the fourteenth district,) be excluded from the operations of this Act. Limits extended. Sec. II. Be it further enacted by the authority aforesaid , That the mayor and council of said town be, and they are hereby authorized and empowered to issue execution for any fines, penalties and forfeitures due said town. Said fi. fas. shall be issued by the clerk of the council of said town, upon the order of said mayor and council shall bear test in the name of the mayor of said town, and shall be levied and collected in the same manner as other executions that said mayor and council are by law authorized to issue. May issue executions for fines, etc. How issued, levied and collected. 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 1, 1883. TO INCORPORATE THE TOWN OF SUMNER, IN WORTH COUNTY. No. 87. An Act to incorporate the town of Sumner, in the county of Worth, 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 Sumner, in the county of Worth, be, and the same is hereby incorporated under the name of the town of Sumner; that the municipal government of the town of Sumner shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate, under the name and style of the corporation of the town of Sumner, 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, Page 292 hold, receive and enjoy, possess and retain, to them and their successors for the use of the town of Sumner, 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 of 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. Corporate name. Mayor and four councilmen. Corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That the incorporate limits of said town of Sumner shall be one mile square and to be fixed, determined and embraced between lines as follows, to-wit: a line running north and south at a point one half a mile due east of the depot of the Brunswick and Albany Railroad, in the said town of Sumner, and the other lines so running as to form a square with the said depot located in the center of said square. Corporate limits. Sec. III. Be it further enacted , That Alexander S. Heide, be, and is hereby appointed mayor of said town of Sumner, and J. W. Perry, C. A. Alford, C. A. Williams and James I. Clements 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 1884, 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; that the above officers shall be citizens of the said town, not under twenty-one years of age, and shall have been bona fide residents of said corporation for six months preceding their election. Mayor. Councilmen. Election. Qualifications. Sec. IV. Be it further enacted , That an election shall be held at such place as the mayor of said town shall direct and designate, within the corporate limits of said town, on the second Wednesday in January, 1884, and on the second Wednesday in January in each year thereafter, for mayor and four councilmen who shall hold their offices for one year or until their successors are elected and qualified; 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., that all voters qualified by the laws of this State to vote for members of the General Assembly and bona fide residents of the town for three months preceding said election shall be entitled to vote at said election. Election for town officerswhen and where held. Term of office. Sec. V. Be it further enacted , That any two freeholders in said town and citizens of the same, who are qualified by the laws of this State to hold and manage elections for members of the General Assembly, may hold and manage said election. Said managers shall take the oath required by the statutes of this State of all managers of elections held for State or county officers, shall receive and count the votes cast at said election, shall keep two lists of persons voting 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 of the clerk of 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 councilmen as the case may be. Electionby whom held. Sec. VI. Be it further enacted , That the mayor and each councilman Page 293 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 councilman as the case may be,) of the town of Sumner, 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. Official oath. Sec. VII. Be it further enacted , That the said mayor and councilmen may appoint one of their number mayor pro tem. , who shall have authority to discharge the duties of mayor whenever from sickness, absence from the town, or other cause, the mayor is unable to act, that a majority of them shall constitute a quorum for the transaction of business. Mayor pro tem. Sec. VIII. Be it further enacted , That the mayor and councilmen shall have power to elect a clerk and marshal and any other officers, and define the duties of such clerk, marshal and other officers, to require such security for the faithful performance of duty and make, adopt and pass and enforce all such rules and regulations as may be essential to their own government as mayor and council. Clerk and marshalhow elected. 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 unwholesome; to protect the property of persons or 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 of this Act; provided , that nothing in this section shall be taken to be a repeal of any part of the Act entitled An Act to order an election to determine if the sale of intoxicating liquors, malt drinks, or intoxicating spirits of any kind, shall be prohibited in the county of Worth, State of Georgia, approved September 29, 1881, and now of force in said county. Jurisdiction over streets, etc. Other powers defined. Sec. X. Be it further enacted , That the said mayor and 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 this 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 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 Page 294 jailor shall not be compelled to receive any city prisoners until satisfactory arrangements have been made by the corporate authorities for the fees. May pass all needful by-laws. 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 improvements of the same. Who shall work streets. Commutation tax. Sec. XII. Be it further enacted , That the mayor shall be 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 cost 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 Sumner, 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 constable's sales in this State shall govern marshal's and constable's sales made under the provisions of this Act. Chief executivehis duties as such. May fine or imprison. Execution for fines or unpaid taxes. Sales under. Sec. XIII. Be it further enacted , That within the corporate 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 an imprisonment not to exceed three days. Ex-officio justice of the peacehis powers as such. 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 August 9, 1883. Page 295 TO INCORPORATE THE TOWN OF DAWSONVILLE, IN THE COUNTY OF DAWSON. No. 92. An Act to incorporate the town of Dawsonville, in the county of Dawson, and to prescribe the duties and powers of the officers thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia convened , That the town of Dawsonville, of the county of Dawson, said State, be, and the same is hereby incorporated under the name and style of the town of Dawsonville. Corporate name. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one thousand yards equidistant in every direction from the court-house in said town. Corporate limits. Sec. III. Be it further enacted , That John P. Lilly be, and he is hereby appointed mayor, and James F. McHan, Josephus F. Castleberry and Leander S. Bailey be, and they are hereby appointed councilmen, to hold their said offices until the first annual election, as hereinafter provided. Mayor and council. Sec. IV. Be it further enacted , That on the first Monday in January, 1884, and on that day annually thereafter an election shall be held in the town of Dawsonville for a mayor and three 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 and 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. Said election shall be held and conducted as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of the duties of said offices. Elections for town officers. Voters. Electionshow held. Certificates of election. Sec. V. Be it further enacted , That before entering upon the discharge of their duties the mayor and each councilman shall subscribe the following oath, which shall be entered upon the minutes of said council, to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the town of Dawsonville, according to the best of my ability and understanding, so help me God. This oath may be administered by any person authorized to administer oaths generally in this State. Oath of office. Sec. VI. Be it further enacted , That said mayor and councilmen shall have authority to elect such marshals, clerks and other sub-ordinate officers as they may deem necessary to the carrying out of the provisions of this charter; to prescribe the fees and duties of such officers, and to require such bonds for the faithful discharge of duty as they may deem necessary and proper. Marshal, clerk, etc., how elected. Fees of and bonds. Sec. VII. Be it further enacted , That the said mayor and each of Page 296 said councilmen shall be ex-officio a justice of the peace, and have full authority as such to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses by subp[UNK]na and otherwise; to examine him under oath; to admit any offender to bail, or commit him to jail for a violation of the State laws, and to admit to bail or commit to the guard-house (or to the common jail, which may be used by said corporate authorities until such guard-house may be built), for violation of the ordinances of said town. Ex-officio justices of the peacepowers as such. Sec. VIII. Be it further enacted , That said mayor and councilmen shall have full power and authority to make, pass and enforce all ordinances and by-laws that they or a majority of them may deem necessary for the government, benefit and improvement of said town, not repugnant to the Constitution and laws of said State. Ordinances and by laws. Sec. IX. Be it further enacted , That said mayor and councilmen shall have full power and authority to levy and collect a tax not exceeding five-tenths of one per cent. upon all the taxable property, real and personal, within the corporate limits of said town. They shall also have power to require all persons within the corporate limits subject to road duty under the laws of this State to work on the streets of said town, or they may require a commutation tax to be paid in lieu of said street work, and if necessary they may apply so much of the ad valorem or special tax raised as aforesaid as may be necessary to keep said streets in good condition and for this purpose may appoint one or more street commissioners, whose duty it shall be to supervise and oversee the working of all the streets within the corporate limits of said town under the direction of said council. Power of taxation. Sec. X. Be it further enacted , That the sale of spirituous or malt liquors, in any quantity within the limits of said incorporation, is hereby prohibited; and any person who shall violate this section shall be guilty of a misdemeanor, and on conviction thereof in the superior court of said county, shall be punished as prescribed in section 4310 of the Code of Georgia, and the said town council shall have authority to cause the arrest of any person so violating this section, and upon probable cause bind said offender over to the said superior court, and in default of bail to imprison such offender in the common jail. Ardent spiritssale of. 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 said council from their own number), shall be chief executive officer of said town. He shall see that the ordinances, by-laws and regulations of the council are faithfully carried out and executed. He shall have control of the police of said town, and may appoint special police whenever in his judgment it may be necessary to preserve order in said town; and it shall be his duty especially to see to it that the peace and good order of the town are preserved, and the persons and property therein are protected, and to this end he may cause the arrest, detention and punishment of all disorderly and riotous persons within the limits of said town. He shall have power to issue execution for all fines and penalties, with costs imposed Page 297 by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the defendant in the guard-house not exceeding thirty days, or may, in his discretion, cause such offender to work upon the streets of said town a like number of days, or may fine such offender in a sum not exceeding fifty dollars. Chief executiveduties of. Sec. XII. Be it further enacted , That if at any time said office of mayor or councilmen should become vacant, from any cause whatever, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to the office under the provisions of this charter. Vacancieshow filled. Sec. XIII. Be it further enacted , That the mayor or mayor pro tem may charge and collect from defendants tried by them the same fees as are allowed justices of peace for similar services, and the marshal and his deputy shall be entitled to the same fees as are allowed constables for like services, and that all fines arising under this charter shall be paid into the treasury of said council and be applied to use of said incorporation upon the order of the council. Fees of mayor and marshal. 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 August 17, 1883. TO INCORPORATE THE TOWN OF ELLIJAY, IN GILMER COUNTY. No. 98. An Act to incorporate the town of Ellijay, in the county of Gilmer; 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 Ellijay, in the county of Gilmer, 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 court house in said town Said corporation shall be known by the corporate name of the town of Ellijay, 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 to do all 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. Corporation. Limits of. General powers. Sec. II. Be it further enacted by the authority aforesaid , That J. R. Johnson, E. W. Walkins, Joseph Long, A. Bishop and G. H. Randall, are hereby appointed commissioners of the town of Ellijay, in the county of Gilmer, to serve until their successors are elected and qualified, as hereafter provided. Names of commissioners. Sec. III. Be it further enacted by the authority aforesaid , That said Page 298 commissioners shall organize, by electing one of their members chairman, and a majority of them shall constitute a quorum for the transaction of business. Organizationchairman. Sec. IV. Be it further enacted by the authority aforesaid , That on the fourth Monday in October, 1883, and annually thereafter on the second Monday in October, 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 law 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. Officerswhen elected. 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. Marshal and other 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 to punish disorderly persons by fine or imprisonment or both, or commit for violations of laws of said 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 said State will allow. Sale of liquors Taxes levied. Sec. VII. Be it further enacted by the authority aforesaid , That said commissioners shall have 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 liquors as they may deem to the interest of said town. Power to tax shows etc. 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 an election, of which ten days' notice shall be given, to fill said vacancy or vacancies thus caused; said newly-elected members to fill the unexpired terms only. Vacancies filled. 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 Ellijay, to the best of my power and ability, so help me God. Official oath. 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 August 16, 1883. Page 299 TO INCORPORATE THE TOWN OF MORGANTON, IN FANNIN COUNTY. No. 99. An Act to incorporate the town of Morganton, in the county of Fannin; to grant election powers and privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, the town of Morganton, in the county of Fannin, shall be a body corporate, with the corporate limits of said town extending one-half mile in every direction from the court-house 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 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. Corporation. Corporate limits. General powers. Sec. II. Be it further enacted , That T. T. Fain, O. F. Chastain, L. B. Crawford, J. M. State and J. M. Watson are hereby appointed commissioners of the town of Morganton, in said county of Fannin, to serve until their successors are elected and qualified, as hereinafter provided. Commissioners' names. Sec. III. Be it further enacted , That said commissioners shall organize by electing one of their number chairman, and a majority of them shall constitute a quorum for the transaction of business. Shall organize. Sec. IV. Be it further enacted , That on the fourth Monday in September, eighteen hundred and eighty-three, and annually thereafter on said day, 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 for said town for the next ensuing year. Election of intendant and commissioners. When and how held. Terms of office. Sec. V. Be it further enacted , That said intendant and commissioners shall have power to elect a marshal, and such other subordinate officers as they may deem necessary to carry into effect their by laws and ordinances. Marshal and other officers. Sec. VI. Be it further enacted , That said commissioners shall have power to regulate the sale of liquor; to prohibit its sale in said town, and to punish disorderly persons by fine or imprisonment, or both, or commit for violation of the laws of the State, and may levy and collect such tax as they may deem necessary to keep up the corporate government and to keep the streets in repair. Sale of spirituous liquors. General taxing powers. Sec. VII. Be it further enacted , That said commissioners shall Page 300 have power to tax all shows, auctioneers, sleight-of-hand performances, billiard tables, wheels of fortune, and other things of like character, and to tax the sale of spirituous liquors. Specific taxes. Sec. VIII. Be it further enacted , That said commissioners shall have power to fill any vacancy which may occur, by appointment, until the next regular election. Vacancieshow filled. Sec. IX. Be it further enacted , 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 Morganton, to the best of my power and ability, so help me God. Oath of office. 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 August 22, 1883. TO AMEND AN ACT TO DEFINE AND ESTABLISH THE CORPORATE LIMITS OF THE CITY OF GRIFFIN, ETC. No. 103. An Act to amend an Act to establish and define the corporate limits of the city of Griffin, Spalding county, Georgia, to limit the number of officers of said city, to limit the current expenses of said city, to define the powers and duties of the mayor and council of said city, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the twenty-sixth section of the charter of the city of Griffin, Spalding county, Georgia, approved February 15, 1876, be amended by striking out the words city hall, in the second line of said section, and inserting in lieu thereof the words, at such place, as the mayor and council may designate, so that said section shall read as amended: Be it further enacted by the authority aforesaid , That a registration of the legal voters of said city shall be made annually before the clerk of said city council, under such rules and regulations as the mayor and council may prescribe, said registration to commence not more than twenty days, and be completed at least ten days, before the annual election held in said city; said registration shall be open and public at such place as the mayor and council may designate in said city, and the books 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. Registration provided for. When commenced and when completed. Mayor and council to determine all contested rights. 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 28, 1883. Page 301 TO INCORPORATE THE TOWN OF TEMPLE, IN CARROLL COUNTY. No. 104. An Act to incorporate the town of Temple, in the county of Carroll, and to provide for a mayor and council for said town, and to confer certain powers and privileges upon the mayor and council thereof, 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 Temple, in the county of Carroll, be, and the same is hereby incorporated under the name and style of Temple. Temple incorporated. Sec. II. Be it further enacted, etc. , That the corporate limits of said town shall extend one-half mile wide on each side of the Georgia Pacific Railway, and one-half mile east and one half mile west of the depot in said town, running parallel with said railway, making the corporate limits one mile wide, running parallel with said railway, and one mile long. Corporate limits defined. Sec. III. Be it further enacted by the authority aforesaid , That the provisions in section 774 to section 797 inclusive of the Revised Code of the State of Georgia, 1882, are hereby conferred and granted to the town of Temple, and all the powers, privileges and authorities therein given are hereby made applicable to said town of Temple. Powers and priviliges granted. Sec. IV. Be it further enacted, etc. , That the first election in said town shall be held on the first Saturday in October, 1883. Electionwhen held Sec. V. Be it further enacted, etc. , That no malt, spirituous or other intoxicating liquors shall be sold within the corporate limits of said town after the passage of this Act, and any person who may violate this section of this Act shall be guilty of a misdemeanor, and one conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Sale of liquors prohibited. 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 August 28, 1883. Page 302 TO AMEND THE CHARTER OF THE CITY OF MACON. No. 105. An Act to amend the charter of the city of Macon, so as to confer additional powers upon the mayor and council of said city in regard to the laying and collecting of licenses and taxes therein; also to confer upon the mayor and council full power to locate and establish a city market, to pass all ordinances necessary to regulate and control the same, and to punish for violation thereof, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act the charter of the city of Macon, and the Acts amendatory thereof, be, and the same are hereby amended by adding to the general powers of the mayor and council over licenses and taxes, and the markets, the following provision: and the said mayor and council shall have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all venders and sellers of any article, goods or merchandise therein, who have no permanent place of business therein, and upon all persons exercising any profession, trade or calling in said city when not prohibited from so doing by any general law of this State, to compel the payment of the same, to make all suitable laws and restrictions necessary to carry out the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Extra taxing power conferred. Sec. II. Be it further enacted , That the said mayor and council shall have full power and authority to establish a city market in said city, and to restrict the sale of all articles and commodities usually sold at markets to the market so established. They shall have authority to prescribe rules and regulations for the government of said market, to rent out stalls and collect the income therefrom and generally to take all proper steps necessary to carry out the intention of this Act, as to this matter. They shall have power to prescribe and enforce proper penalties for the violation of the ordinances and rules concerning said market, and to punish offenders as other offenders against the laws and ordinances of said city are punished. May establish a city market. May establish rules and regulations for same. 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 28, 1883. Page 303 TO INCORPORATE THE TOWN OF TY-TY, IN WORTH COUNTY. No. 109. An Act to incorporate the town of Ty-Ty, in the county of Worth, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Ty-Ty, in the county of Worth, be, and the same is hereby incorporated as a town, under the name of the town of Ty-Ty. Ty Ty incorporated. 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 Brunswick and Albany railroad in said town. Corporate limits. Sec. III. Be it further enacted by the authority of the same , That W. E. Williams be, and he is hereby appointed mayor; and John Murrow, William F. Ford, W. D. Brady and James Branch be, and they are hereby appointed councilmen of said town of Ty-Ty, to hold their offices until the first annual election as hereinafter provided. Officers of. Shall serve until when. Sec. IV. Be it further enacted , That on the second Wednesday in January next, 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 councilman 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 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 officers. Terms of. Who eligible. Manner of holding election. Certificates of election. Sec. V. 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 Ty-Ty, according to the best of my ability and understanding, so help me God. Oath of office. Sec. VI. Be it further enacted , That the 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 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. Other offices. How and by whom elected. Duties. Bonds. 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 Page 304 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 commit him to jail for violation of the laws of the State and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Ex-officio justice of the peace. Powers and duties as such. Sec. VIII. 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 the United States, nor any local law of Worth county. By-laws, etc. Sec. IX Be it further enacted , That the 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 the power to require all persons within the 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. Taxing powers. Street working. Commutation tax. Sec. X. Be it further enacted , That the mayor of said town, or 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 necessary; and it shall be his duty especially to see that the peace and good order of the town are preserved, and that the 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 not exceeding thirty days Chief executivehis powers and duties. Sec XI 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. Sec. XII. 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 28, 1883. Page 305 TO INCORPORATE THE TOWN OF HOLTON, BIBB COUNTY. No. 110. An Act to incorporate the town of Holton, in Bibb county, and to prohibit the sale of all intoxicating liquors therein, 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 John W. T. Howard, John T. Dozier, Robert E. Park, George W. Sims and Albert E. Johnson, be and they are hereby made a body corporate and politic under the name and style of the town council of Holton, to hold their offices until the first Saturday in January, 1884, and until their successors are elected and qualified Corporators. Name of corporation. Sec. II. Be it further enacted , That on the first Saturday in January, 1884, and on the first Saturday in January in each subsequent year, an election shall be held at the academy in said town for five councilmen to serve for one year subsequent to their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote except persons resident within the corporate limits of said town, and such others as may own and hold property therein, thirty days next preceding said election and who are entitled to vote for members of the General Assembly; at which election any three freeholders may act as managers. All voters and members of town council must have paid all taxes required of them by the laws of said town. Elections. Who may vote. Sec. III. And be it further enacted , That the corporate limits of said town of Holton shall be designated and marked out by said town council of Holton at their first meeting after the passage of this Act, and not to exceed one mile in every direction from the academy and depot site. Corporate limits. Sec. IV. Be it further enacted , That the town council shall have power to elect one of their number president of the council, who shall preside at their meetings when present, but in his absence any one of the town council may be selected to preside, and they shall have power to select a marshal, or marshals, a secretary and treasurer of said town council, as they may deem proper, and require such bond as they may think necessary, and to fix their pay for services; and the said marshal or marshals shall have the same powers within the limits of the town of Holton as are now conferred by law on the police force of the city of Macon. President of council. Marshal, Secretary and treasurer. Sec. V. Be it further enacted , That said town council shall have power to do all acts which they shall deem necessary for the welfare of said town; to levy and collect such tax as they may establish by their by-laws upon all property, real and personal, in said town consistent with the laws of the State; provided , the same does not exceed the amount of one-half of one per cent. upon the value of the taxable property; and to impose a special tax upon all professions, trades and other callings and business exercised in said town, said Page 306 special tax not to exceed ten dollars for each person exercising the samewhen not prohibited by any general law of this State. General powers granted. Taxes. Sec. VI. Be it further enacted , That said town council shall have power to pass such rules and ordinances for the good government of said town as they deem necessary; also, to pass rules for the collection of taxes, the punishment of disorderly conduct, the preservation of peace and quiet, and the protection of all persons who may be living in or visiting said town, not inconsistent with the laws of this State or the Constitution thereof, or the Constitution and laws of the United States. Rules and ordinances. Sec. VII. Be it further enacted , That all the fines levied or assessed, for the violation of any of the rules or ordinances of said town, shall be in the discretion of said town council, and execution may issue for the same when necessary, which may be levied and collected by the marshal or his deputy, under such rules as the town council may make; provided , that said town council shall not be allowed to impose a fine of over one hundred dollars for the violation of their by-laws or ordinances. Fineshow imposed and collected. Sec. VIII. Be it further enacted , That if any person shall violate any ordinance or regulation of said town, made by said council, said town council shall have power to punish for the same to the extent of one hundred dollars' fine, or thirty days imprisonment in the common jail of Bibb county, said corporation being liable for the jail fees of persons so imprisoned. Penalties. Sec. IX. Be it further enacted , That the said town council shall have power to compel persons residing in said corporation, over sixteen years of age, to work the roads or streets of said town not to exceed twelve days in each year. Who shall work streets. Sec. X. Be it further enacted , That said town council may pass any ordinance they think proper, and consistent with the Constitution and laws of the State and the United States, to protect life or property of the people of said town or others visiting it, or to promote cleanliness, peace, order, and the general good of the people residing in said town; or to remove and suppress nuisances, and to enforce the same by reasonable and proper fines. General powers continued. Sec. XI. Be it further enacted , That all fines, taxes or forfeitures collected under this Act, shall be for the use and benefit of said town. Sec. XII. Be it further enacted , That said town council of the town of Holton, shall not have the authority to license or permit the sale of any intoxicating liquors, alcoholic, spirituous, malt or beer of any kind whatsoever, nor shall any bar or beer saloon be permitted within the corporate limits of said town. No intoxicating liquors to be sold. 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 August 28, 1883. Page 307 TO ALTER AND AMEND THE CHARTER OF BARNESVILLE. No. 111. An Act to alter and amend the several Acts incorporating the town of Barnesville, to increase the powers of the mayor and council of said town, and for other purposes therein named. 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 the election for mayor and aldermen shall be held annually on the fourth Tuesday in August, at such place as the mayor and council shall prescribe; provided , that the elections of said officers shall take place as already prescribed until the year 1884, when the election shall be held on the fourth Tuesday in August. Elections for mayor, etc. Sec. II. Be it further enacted , That said mayor and council shall have power to provide for the registration of voters prior to any and all municipal elections in said town; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered as aforesaid. Regisfration. Sec. III. Be it further enacted , That the council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean by the owners or occupants thereof, or of the real property next adjacent thereto, and to impose penalties for the neglect or refusal to pave and curb the same, and shall have power to enforce the collection of such penalties by execution as for city taxes, or they may cause such sidewalks, footways, cross-walks, drains and gutters to be curbed or paved at the expense of said owner, and collect the amount thus expended by execution against the owners, lessees or occupants of the property. Streets, lanes, etc. Sec. IV. Be it further enacted , That said town shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, goats and other animals, and fowls of all kinds, from going at large in said town; to protect places of worship in or about the premises where held; to abate, or cause to be abated, anything which in the opinion of the council shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said town places for the burial of the dead and to regulate interments therein; to provide for the regular building of houses or other structures; and for the making of division fences by the owners of adjacent premises and the drainage of lots by proper drains and ditches; to make regulations for guarding against Page 308 danger or damage by fire; to protect the property and persons of the citizens of the town, and to preserve peace and good order therein; and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council, fix their term of service and compensation, require and take from them bonds when deemed necessary, payable to said town in its corporate name, with such securities and in such penalty as the council may deem proper conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gas works or water works in the town; to prevent injury or pollution to the same. or to the water or healthfulness of the town; to regulate and provide for the weighing of hay, coal, and for other articles sold or for sale in the town; to provide a revenue for the annual assessment of all realty therein; to carry into effect these enumerated powers, and all others that may be conferred upon said town or its council by any future Act of the General Assembly of the State. Nuisances. Sec. V. Be it further enacted , That the mayor and council of said town shall have power to make such contracts and establish such by-laws, rules and ordinances as shall appear requisite and necessary for the security, welfare, health and convenience of said town, or for preserving the peace, order and good government of the same, and to prescribe and impose reasonable fines and imprisonments for violation of the town ordinances; provided , that no offender shall be fined more than fifty dollars nor be imprisoned longer than thirty days for each offense. Further powers of. Sec. VI. Be it further enacted , That the corporate authorities of said town shall have power to establish and fix fire limits and from time to time in their discretion, to extend and enlarge the same, within which fire limits when so established it shall not be lawful for any one to erect other than fire-proof buildings or structures of any kind whatever, and should any one erect or cause to be erected within such fire limits so established, any building or other structure other than fire proof, the said mayor and council after giving five days' notice shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases, and should the owner of such building or structure fail or refuse to remove the same upon proper notice and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars or be imprisoned in the town calaboose not exceeding thirty days for each any every day they fail to regard said notice. Said mayor and council shall have power to determine what buildings are and what are not fire-proof. Fire limits. Sec. VII. Be it further enacted , That said mayor and council may in their discretion elect a street overseer and such other officers as they may deem proper; provided , that nothing herein contained shall be construed to require the election of said officers or to prevent their dismissal whenever their retention is not deemed by said mayor and council to be to the interest of said town. Street overseer. Sec. VIII. Be it further enacted , That said mayor and council shall Page 309 have power to establish and maintain a system of public schools within the limits of said town; provided, however , that such power shall not be exercised until an election is ordered and held under such rules and regulations as may be prescribed by ordinance on the question as to whether such system of public schools shall be established. Two-thirds of the qualified voters of said town voting at such election shall be sufficient to authorize the corporate authorities to establish such schools. Said mayor and council shall have power to issue and negotiate the requisite bonds, as provided by law, to raise revenue or otherwise to engage the credit and apply the resources of the town for the establishment and maintenance of said system of public schools. Said mayor and council shall, by ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise and carry out said system of public schools and render the same efficient; provided , that should the mayor and city council deem it best not to submit the question of public schools to the people as aforesaid, or should it be submitted and there not be a requisite vote to establish the same, the said mayor and city council may if they deem it advisable, appropriate a sum, not exceeding fifteen hundred dollars annually, for the maintenance of two schools of said town, one for the whites and one for colored or negro children; and that should said mayor and city council appropriate any amount whatever, for the purposes aforesaid, it shall be in their power to direct how, when and to whom the same shall be paid. Public schools. May issue bonds for. Sec. IX. Be it further enacted , That the mayor shall be the chief executive officer of said town; he shall take care that the orders, by-laws, ordinances, Acts and resolutions of the council are faithfully executed. It shall be the duty of the mayor or acting mayor to hold mayor's court as often as may be necessary for the examination of any offense that may be reported to him, or the trial of such persons as may be brought before him. He shall have cognizance of all offenses against the ordinances of the town and may punish all violations of such ordinances by imposing such fine or penalty as may be prescribed by ordinance, and may either issue execution therefor or may require immediate payment thereof, and in default of such payment may commit him or her to the guard-house of said town until paid, or require the offender to pay said fine and costs by working on the streets of the town under the superintendence of the marshal, deputy marshals or street overseer, as the ordinances of the town may require. Chief executive. Shall hold courts. Fines and penalties. Sec. X. Be it further enacted , That there shall be a lien on all real estate within said town for the town taxes assessed thereon, and for all other fines and penalties assessed or imposed on the owners thereof by the authorities of said town from the time the same are assessed or imposed, which shall have priority over all other liens, except the lien due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes. Lien for taxes. Sec. XI Be it further enacted , That the mayor shall have control of the police of the town, and he may appoint special police officers Page 310 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 person and property are protected therein, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor. In the absence from said town or sickness of the mayor, or during any vacancy in the office of mayor, any one of the councilmen selected by a majority as mayor pro tem . shall perform his duties and be vested with his powers; and if the mayor pro tem . as well as the mayor elected by the people should be unable, from any cause, to attend to their duties three members of the council, acting jointly, shall exercise all the powers and perform all the duties of the mayor. Public control. Sec. XII. Be it further enacted , That the mayor and three councilmen, and in the absence of the mayor four members of the council, shall constitute a quorum for the transaction of business. The council shall be presided over by the mayor and in his absence by the mayor pro tem ., and, if neither the mayor nor the mayor pro tem . are present, one of the councilmen selected by a majority of the members present may preside. Quorum. Sec XIII. Be it further enacted , That the mayor and council be, and they are hereby empowered, in their discretion, to assess and collect a tax from commission merchants of not exceeding one per cent. upon the amount of the proceeds of sales of all goods, wares, merchandise, and other articles sold by them in said town on commission, in such manner and form as the mayor and council may prescribe. It shall be the duty of all persons, on or before the first day of July of each year, to make a return to the clerk and treasurer of the amount of all goods sold by them on commission from the first day of April of the preceding year to the first day of April of the year on which the return is made. Specific taxes. Sec. XIV. Be it further enacted , That whenever anything for which State license is required is to be done in said town, said town may require license therefor Said mayor and council shall have power to license and regulate the management of bar-rooms, hotels, private boarding-houses, livery stables, express companies, and private and public transportation throughout the town, and, in addition to the ad valorem tax provided by law, to levy a tax on billiard tables, ten-pin or nine-pin alleys, and tables and alleys of any kind used for the purpose of playing on with pins or balls, or both, within such town, and all other contrivances, of whatever kind, used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or by turning a deal or wheel, or by using any other artifice or contrivance whatever. They shall have power to tax all shows taxed by the laws of this State which may exhibit within said town, which tax may be collected, if not voluntarily paid, by execution and levy and sale as provided under the general law prescribing the mode of incorporating towns and villages; and said council shall have power to pass all ordinances necessary to carry into effect the provisions of this section. Said town shall have power to tax all life and fire insurance companies doing business in said town. Licenseswhen allowed. Page 311 Sec. XV. Be it further enacted , That it shall be the duty of the marshal to collect all fines imposed by the authorities of said town, and when executions are issued for any fines, penalties or taxes due said town he may levy and sell in like manner and the same rules and regulations as officers of the State are now authorized to levy and sell under other executions. Duty of marshal. Sec. XVI. 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 28, 1883. TO INCORPORATE THE TOWN OF RACCOON MILLS, IN CHATTOOGA COUNTY. No. 120. An act to incorporate the town of Raccoon Mills, in the county of Chattooga, to confer municipal powers on said town, 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 Raccoon Mills, in the county of Chattooga, be, and the same is hereby created a body corporate and politic, with corporate limits extending one mile in every direction from the cotton mills building in said town. Corporate name and limits. Sec. II. Be it further enacted by the authority aforesaid , That the corporate authority of said town be vested in five commissioners, to be known as the commissioners of Raccoon Mills, and that C. D. Hill, F. L. McGinnis, B. L. Wayatt, W. M. Fletcher and A. H. Hill, be and they are hereby appointed as such commissioners, to serve until their successors are elected and qualified. Names of commissioners. Sec. III. Be it further enacted by the authority aforesaid , That said commissioners, as well as all subsequent boards of commissioners, shall organize by electing one of their number chairman, and shall, before entering on their duties, take and subscribe before any officer authorized to administer oaths the following oath: 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 Raccoon Mills, to the best of my ability, so help me God. Chairman of board. Official oath. Sec. IV. Be it further enacted by the authority aforesaid , That on the first Tuesday in January, 1884, and immediately thereafter, the qualified voters of said town shall elect from the residents of the same, by ballot, five commissioners, who shall hold their offices for one year or until their successors are elected and qualified. Said election shall be held and conducted as other elections under the laws of this State, and the managers thereof shall certify the result to the chairman of the commissioners of said town, who shall declare Page 312 the five persons receiving the highest number of votes elected commissioners of said town for the next ensuing year. All persons who have been residents in said town ten days next preceding said election, and who are entitled to vote for members of the Legislature of this State, shall be deemed qualified voters at said elections. Commissionerswhen and how elected Qualified voters. Sec. V. Be it further enacted by the authority aforesaid , That said chairman of said commissioners shall be the chief executive officer of said town, and that in his absence any one of said commissioners shall be empowered to discharge any of the functions of said chairman, and that said commissioners may appoint a marshal and such other police officers as may be deemed needful, regularly or in emergency, a secretary and treasurer, and such other officers as may be necessary to carry out the laws and ordinances of said town, and may require said officers to take such oaths and give such bonds as will insure the proper discharge of their respective duties. Chief executive. Marshal, etc. Official oaths and bonds. Sec. VI. Be it further enacted by the authority aforesaid , That said commissioners shall have power, annually, to fix the salaries of the officers of said town, and to levy and collect an ad valorem tax on all the property within said town, not to exceed one-half of one per cent., to cause to be worked all streets, roads and alleys in said town by all persons residents therein subject to road duty under the laws of this State, and to fix a commutation tax, to be paid by all such persons, in lieu of working on said streets. Said commissioners shall have power, moreover, to make and establish any and all such by-laws, rules and ordinances as they may deem necessary for the government of said town, which are not inconsistent with the laws and Constitution of this State. Said commissioners shall have the exclusive control of regulating the sale of spirituous and malt liquors within said town, and fixing and collecting license therefor; and shall further, in like manner, control and regulate all billiard tables, shows and sleight-of-hand performances, and shall further-more have all powers conferred by general laws in the code of this State, on municipal corporations, which said powers are not inconsistent with the foregoing provisions. Official salaries. Street duty. Commutation tax. Spirituous liquors. Games and shows. 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 4, 1883. Page 313 TO AMEND THE CHARTER OF THE TOWN OF DeSOTO, IN FLOYD COUNTY. No. 123. An Act to amend the Acts incorporating the town of DeSoto, in the county of Floyd, by repealing section eighteen of said Act, which requires the mayor and council of said town to annually set apart all money raised from fines and forfeitures, and ten per cent. from the amount collected from taxes, as a special fund to build a council chamber. Section 1. Be it enacted by the General Assembly of the State of Georgia , That section eighteen of the above recited Act be, and the same is hereby repealed. Section 8 repealed. 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 4, 1883 TO AMEND THE CHARTER OF TRION, IN CHATTOOGA COUNTY. No. 125. An Act to amend an Act entitled an Act to incorporate the town of Trion, in the county of Chattooga, and for other purposes, approved February 20, 1869, by adopting the provisions of sections 780 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 780 to 797 inclusive, as a part of the charter of the town of Trion. Sections to 797 adopted as 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 4, 1883 Page 314 TO AMEND THE CHARTER OF MARIETTA, IN COBB COUNTY. No. 127. An Act to amend an Act entitled an Act to amend an Act to incorporate the town of Marietta, in the county of Cobb. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that section second of the Act of 1879, entitled an Act to amend an Act entitled an Act to incorporate the town of Marietta, in the county of Cobb, be amended by striking out of the second section of said Act the words, clerk of the council or marshal, whenever they may occur in said section, so that said section, when so amended, shall read as follows: Section 2d. of Act of 1879 amended. And be it enacted by the authority aforesaid , That within twenty days after the passage of this Act, and by giving ten days' notice, and on the second Monday of every January thereafter, all citizens residing in said city, who shall be entitled to vote for members of the Legislature of said State, shall be entitled to vote for mayor, six members of the city council, and that any person or persons legally entitled to vote at said election shall be eligible either for mayor or members of the city council, at which election one justice of the peace shall preside together with two freeholders, neither of whom being a candidate, and the persons receiving the highest number of votes shall be declared duly elected; that the managers of said elections shall give certificates to that effect, which shall be evidence of their election, and their authority to act, and be recorded by the clerk of the city council, in a book to be kept for that purpose, which record shall be held and esteemed as the highest evidence of such election; provided , that the clerk of the city council, and the marshal and deputy marshal of said city, shall be elected by the mayor and council elected as aforesaid, as soon as practicable after their election, and in no case by the people. Sec. II. 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 4, 1883. Page 315 TO AUTHORIZE THE MAYOR AND COUNCIL OF TOCCOA CITY TO ISSUE BONDS FOR EDUCATIONAL PURPOSES. No. 129. An Act to authorize the mayor and council of Toccoa City, in the county of Habersham, to issue and sell bonds to the amount of six thousand dollars and appropriate the proceeds to educational purposes, and to lay and collect a tax upon the taxable property within the corporate limits of said Toccoa City to pay said bonds. Section I. Be it enacted by the Senate and the House of Representatives of the State of Georgia in General Assembly met , That the mayor and council of Toccoa City, in the county of Habersham, be, and they are hereby authorized to issue bonds not to exceed in the aggregate six 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 mayor and 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 Toccoa City, the said city having already made provision for the payment of said debt. May issue bonds. Amount limited. When due. Rate of interest. Sec II. Be it further enacted by the authority aforesaid , That said mayor and council shall assess and buy and collect annually a sufficient tax upon the taxable property within the corporate limits of Toccoa City to pay said bonds principal and interest as they shall become due, which said tax shall be separately bound and separately collected for the specific purpose herein designated, and shall be used or applied to no other purpose whatever; said tax shall be paid and collected only in lawful money of the United States and in the said eight per cent. bonds issued under this Act when matured, and in the coupons or interest warrants of said eight per cent. bonds, and so much as may be necessary of the tax received in the collection of said tax under this Act, shall be used by the mayor and council in the payment each year of the maturing interest coupons or warrants of the said eight per cent. bonds herein authorized to be issued; and the remainder of the money so received from the collection of said tax which shall remain each year, after the payment of said maturing interest warrants or coupons, shall be held by the mayor and council of said Toccoa City as a sinking fund for the payment of the principal of the said eight per cent. bonds of the city of Toccoa herein authorized to be issued and to be managed and disbursed by said mayor and council as they think best and direct. Tax assessed annually to pay said bonds. Sec. III. Be it further enacted by the authority aforesaid , That said bonds shall be signed by the mayor and recorder of council of Toccoa City, and be sold or negotiated in such manner as said mayor and council may determine for the best interests of said town. Bondhow signed. Page 316 Sec. IV. Be it further enacted by the authority aforesaid , That when said bonds have been issued and sold or disposed of said mayor and council shall turn over to the trustees of Toccoa High School, to be hereafter elected by the qualified white voters of said town, such pro rata or part of the proceeds as may be based upon the taxable property of the white persons of said Toccoa City, to be by said trustees applied to the construction, building and completion of an academy for Toccoa High School, as said trustees shall direct, and to turn over to the trustees to be hereafter elected by the qualified colored voters of said town, of the schools of colored children in said Toccoa City such pro rata or part as may be based upon the taxable property of the colored persons in said Toccoa City, to be by them applied to building purposes for an academy in said Toccoa City for said colored school. Fund how divided and applied. Sec. V. Be it further enacted by the authority aforesaid , That the foregoing bill shall not take effect until the same shall have been submitted to a vote of the qualified voters of Toccoa City and approved by a two-thirds vote of persons so qualified to vote at such election, which election shall be held under an order of the mayor and council, which order shall be published in a newspaper published in Toccoa City at least thirty days before holding such elections. Ratification required. 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 4, 1883. TO INCORPORATE THE TOWN OF BOWERSVILLE, IN HART COUNTY. No. 130. An Act to incorporate the town of Bowersville, in the county of Hart, and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act the town of Bowersville, in the county of Hart, be, and the same is hereby incorporated, and that the corporate limits shall extend one-half a mile in every direction from the railroad depot in said town of Bowersville, and that E. H. Strickland, M. A. Duncan, S. T. Fleming, T. R. Cheek and F. B. Doyal be, and they are hereby appointed a board of commissioners, who shall hold their term of office until the second Monday in January (1884) eighteen hundred and eighty-four, and until their successors are elected and qualified. Incorporated. Corporate limits. Names of Corporators. Sec. II. And be it further enacted , That on each and every second Monday in January thereafter all the citizens residing in the corporate limits of said town, who shall be entitled to vote for members Page 317 of the Legislature of the State, shall be entitled to vote for five commissioners, at which election any two freeholders of said town may preside as managers, and the five persons receiving the highest number of votes shall be declared duly elected; and that the managers of said election shall give a certificate of the election which, after taking the oath of office hereinafter prescribed, shall be sufficient authority for said commissioners to enter upon the discharge of their duties, and in case no election should be held by the legal voters as aforesaid, that then at any time thereafter, on a written notice of the time and place of holding said election, posted at the depot door ten days previous to holding said election, the citizens of said town may proceed to elect the said board of commissioners in the same manner as though the same had been held on the second Monday in January. Who may vote. Five commissioners to be elected. Mode of election. Proceedings where no election at regular period. Sec. III. And be it further enacted , That the said commissioners shall, before entering upon the discharge of their duties, take the following oath before some judicial officer of this State, or before a member of the retiring board, to-wit: We, and each of us, do solemnly swear, that we will faithfully and impartially discharge the duties of commissioners for the town of Bowersville to the best of our skill and power, so help us God. Oath of commissioners. Sec. IV. And be it further enacted , That said commissioners shall have power and authority to pass all ordinances and by-laws for the government of said town corporation, not in conflict with the Constitution and laws of this State and of the United States. Commissioners may pass all by-laws, rules, etc. Sec. V. And be it further enacted , That the commissioners of said town corporation shall appoint a marshal, and a clerk who shall be treasurer with such compensation as shall be determined on by said commissioners and such other officers as may be necessary to carry this Act into effect. Marshal and clerk appointed by. Sec. VI. And be it further enacted , That all persons liable to road duty by the laws of this State, who reside within the corporate limits of said town, shall be compelled to work the streets and public square of said town, and that they shall be exempt from all other road duty. Persons liable to work streets. Sec. VII. And be it further enacted , That the said board of commissioners of the said town of Bowersville, by their corporate name, shall have power to sue and be sued, plead and be impleaded, and do all other acts relating to its corporate authority, and shall use and have a common seal, any law to the contrary notwithstanding. Other powers of commissioners. Sec. VIII. 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 4, 1883. Page 318 TO INCORPORATE THE TOWN OF WARD, IN RANDOLPH COUNTY. No. 136. An Act to incorporate the town of Ward, in the county of Randolph; to grant certain 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 the town of Ward, in the county of Randolph, be, and the same is hereby incorporated as a town, under the name of the town of Ward. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Ward, they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in performing their duties. Corporate name. Governmenthow vested. 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 depot of the South western railroad in said town. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That H. A. Crittenden be, and he is hereby appointed mayor, and G. W. Oliver, Z. T. Phelps, J. G. Sasser, T. A. Wall and L. P. Arthur be, and they are hereby appointed councilmen of said town of Ward, to hold their offices until the first annual election, as hereinafter provided. Mayor. Councilmen. Sec. IV. Be it further enacted by the authority aforesaid , That on the second Tuesday in January, 1884, and every two years thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their offices for two years, and until their successors are elected and qualified; but none shall vote for, or be eligible to the office of mayor or councilman 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 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. In the event that the office of mayor, or any member of the board of councilmen, shall become vacant by death, resignation, removal, or other cause, the mayor, or in case his seat is vacant, a majority of the aldermen, shall order a new election, notice of which shall be given at least twenty days before said election is held, and the same to be conducted as hereinafter provided. Election for mayor, etc. Managers shall certify. Vacancies. 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 Page 319 Ward, Randolph county, according to the best of my ability and understandng, so help me God. Official oath. Sec. VI. And 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 the 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. May pass all needed ordinances, etc. Sec. VII. Be it further enacted , That the said mayor and councilmen 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, and the same may be enforced by the execution and levy and sale of property as in case of sales of property liable for State and county taxes; all levies of tax executions to be by marshal or his deputy, and to be conducted as sales by the sheriffs of this State in cases of levy of tax executions. 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. May tax property. Paymenthow enforced. Marshal to levy. Street work. Sec. VIII. 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 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 not exceeding thirty days. Chief executivehis powers as such. Sec. IX. Be it further enacted , That said mayor and councilmen at the first meeting after their election, (or at the next meeting after the first, if they deem proper and best) shall elect a clerk, who may be one of their own number, or any citizen of said town, and at the same time shall also elect a treasurer from their own number, and also a marshal, and a deputy, if necessary, who shall be a citizen of said town. From all of these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful discharge of their duties. They shall also take and subscribe an oath before said mayor that they and each of them will well and faithfully discharge their several duties as clerk, treasurer, or marshal, as the case may be, to the best of their skill and knowledge. Clerkelection of. Official bonds. Oath of. Sec. X. Be it further enacted , That the mayor shall receive such compensation for his services as the members of council may prescribe by proper ordinances, the same not to exceed one hundred Page 320 dollars per annum The clerk, treasurer, marshal and deputy marshal shall receive such annual salaries as the council may deem just and proper. The members of the council shall not receive any salaries, but shall be exempt from street tax during the continuance of their official term. Compensation of Mayor. Of other officers. Sec. XI Be it further enacted , That said mayor and council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises, as they may deem most to the interest of said town. Special tax on shows, etc. On games. Sec. XII. Be it further enacted , That the manufacture or sale of spirituous, vinous, malt or intoxicating liquors of any kind and in any quantity shall be and is hereby prohibited and forbidden within the corporate limits of said town; and any person violating this clause of this Act shall be deemed guilty of a misdemeanor, and be subject to indictment by the grand jury of said county, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Spirituous liquors. Sec. XIII. Be it further enacted , That lands used and cultivated exclusively for farming purposes, which may be situated within the corporate limits of said town, shall not be subject to taxation by said corporation, and all farm implements and stock used exclusively for farm purposes shall not be subject to taxation by said corporation. Exemption from taxes. 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 5, 1883. TO INCORPORATE THE TOWN OF BREMEN, IN HARALSON COUNTY. No. 141. An Act to incorporate the town of Bremen, in the county of Haralson; to appoint a mayor and council for said town; to confer upon the mayor and council the power to regulate and control the sale of intoxicating liquors and bitters in said town; to grant to said mayor and council the authority to levy and collect a tax upon all the taxable property in said town, and to confer upon them certain other powers and privileges. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Bremen, in the county of Haralson, be, and the same is hereby incorporated as a town, under the name of the town of Bremen. Corporate name. Sec. II. Be it further enacted , That C. W. Parker be, and he is hereby appointed mayor, and D. M. McBurnett, Joseph Entrikin, J. B. Entrikin and B. T. Kent be, and they are hereby appointed councilmen of said town of Bremen, to hold their offices until the Page 321 first Saturday in November next, or until their successors are elected and qualified as hereinafter provided. Mayor and councilmen. Term of office. Sec. III. Be it further enacted , That on the first Saturday in November, 1883, 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 vote for or be eligible to the office of mayor or councilman of said town who does not reside within the corporate limits thereof, and who is not qualified to vote in the county of Haralson 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; and the proceedings of said election, together with a list of voters thereat, and the oaths of the mayor and councilmen, shall be recorded on the book of minutes of said town council. Electionwhen held. Who may vote. Who eligible to office. Minutes. Sec. IV. Be it further enacted , That before entering on the discharge of their duties as such, the mayor and councilmen shall take and 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 and impartially discharge all the duties devolving upon me as mayor (or councilman, as the case may be,) of the town of Bremen according to the best of my ability and understanding, so help me God. Official oath. Sec. V. 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 the carrying into effect of the powers herein conferred upon them, and to prescribe the fees and duties of said subordinate officers, and require of them such bonds for the faithful discharge of their duties as they may deem necessary and proper. Marshals, clerks, etc.,how elected. Fees of. Bonds of. Sec. VI. Be it further enacted , That said mayor and councilmen shall have power to make and pass all ordinances, by laws, rules and regulations necessary for the good government, peace and order and health of said town, and all ordinances necessary for the carrying into effect the powers herein granted; provided , they be not repugnant to the Constitution and laws of this State or of the United States. Ordinances, etc.,how made. Sec. VII. Be it further enacted , That said mayor and council 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; provided , such property be subject by law to State tax. They shall also have power to require all persons within said corporate limits who are subject by law to road duty to work on the streets, alleys and sidewalks of said town, but may receive in lieu thereof such commutation fee as may be by said mayor and council prescribed. Power to tax property. Streetswork on. Sec. VIII. Be it further enacted , That said mayor and councilmen shall have power to regulate and control the sale of vinous, malt or Page 322 intoxicating liquors or 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; and they shall also have power and authority to levy and collect a special license tax from all shows and exhibitions for gain; on peddlers and itinerant traders, and on all billiard, pool and bagatelle tables, and all other establishments in said town for amusement and gain. Liquor sales. Special license tax. Sec. IX. 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, rule or regulation of said town by fine, imprisonment, or work on the streets of said town; provided , such fine shall not 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. Offendershow punished. Sec. X. Be it further enacted , That if from any cause the election provided for in the third 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 citizen of said town, shall be posted in some conspicuous place in said town at least ten days before the day of such election. Failure to hold electionhow remedied. Sec. XI. Be it further enacted , That it shall be the duty of the mayor and councilmen, by the second 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 absence, sickness, or failure from any cause in the mayor to act, be authorized to do and perform all the duties herein required of the mayor. Mayor pro tem. Sec. XII. Be it further enacted , That should the office of mayor or councilman from any cause become vacant, it shall be the duty of the remaining members to order an election at once to fill such vacancy; such election to be held according to the manner prescribed by section ten of this Act. Vacancieshow filled. Sec. XIII. Be it further enacted , That said mayor and councilmen shall have power to lay out, open, change and abolish streets and alleys in said town as the public interest may require, by paying the owners of property required to be taken for such purposes, just compensation for the same. Jurisdiction over streets, etc. Sec. XIV. 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 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 moneys due said town. Executions issued. Marshal may levy and sell. Sec. XV. Be it further enacted , That said mayor and councilmen Page 323 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 of 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 proceedings. Sec. XVI. Be it further enacted , That the corporate limits of said town shall extend one-half mile east and one-half mile west along the railroad track fron the depot in said town, and one-fourth of a mile north and one-fourth of a mile south of the railroad track in said corporate limits, said depot being the center. Corporate limits. Sec. XVII. 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 5, 1883. TO EXTEND THE LIMITS OF THE CITY OF AUGUSTA. No. 149. An Act to extend the limits of the city of Augusta, 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 corporate limits of the city of Augusta shall be, and they are hereby extended to include the territory comprised within the following limits, to-wit: Beginning at a point on the south side of the Turknett Springs road, distant one hundred and fifty feet west from the southwest corner of Twelfth street and Turknett Springs road, thence southward by a parallel line with Twelfth street to the north side of the Milledgeville road, thence along the north side of the Milledgeville road to its intersection with the west side of Twelfth street, thence eastward at right angles to Twelfth street to the eastern boundary of the right-of-way of the Augusta and Savannah Railroad, thence along said eastern boundary or said right-of-way of said Augusta and Savanah Railroad to its intersection with the south side of Gwinnett or South Boundary street. Added area. Sec. II. Be it further enacted , That all the territory included in the limits set forth in the first section of this Act shall be annexed to the wards of said city it respectively bounds, until the number and boundaries of said wards are changed as authorized by law. To what wards annexed. 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 8, 1883. Page 324 TO INCORPORATE THE TOWN OF GRAYSVILLE, IN CATOOSA COUNTY, ETC. No. 151. An Act to incorporate the town of Graysville, in the county of Catoosa, and to create a board of commissioners for the same, to provide the time and manner of election thereof, and to confer power to make and pass laws for the government of said town, and to prohibit the sale of malt, vinous, or spirituous liquors or any intoxicating compounds within the corporate limits, and to provide a punishment for a violation of the laws and ordinances thereof. Section I. Be it enacted by the General Assembly of Georgia , That the town of Graysville, in the county of Catoosa, is hereby incorporated, and that the limits of said town shall extend for one-half mile in every direction from the depot of the Western and Atlantic railroad in said town. Town incorporated. Limits of defined. Sec. II. Be it further enacted , That the municipal government of said town shall consist of five commissioners, to be styled the board of commissioners of the town of Graysville, and that C. J. M. Church, A. H. Hickman, W. H. Hill, J. M. Simpson and C. W. Gray are hereby constituted and appointed said board, and who are to hold said office until the first Saturday in January, 1884, and until their successors are elected and qualified as hereinafter provided. Names of commissioners. Term of office. Sec. III. Be it further enacted , That the successors in office of said board shall be elected on the first Saturday in January next and on the same day of each succeeding year; said election to be held and conducted as elections are now held for county officers, and no person shall be eligible to vote at such election unless he shall have resided in said town for at least thirty days prior to the day of such election, and who is otherwise qualified to vote for members of the General Assembly of this State. Successorswhen elected. Electionhow held Who may vote. Sec. IV. Be it further enacted , That the managers of said election shall issue to each of the five persons receiving the highest number of votes a certificate of their election, 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 for which he may have been elected, and in case there shall not have been held an election on the day provided for as aforesaid, then it shall be lawful for the same to be held on the first Saturday in any other month thereafter, by giving a written notice signed by the chairman of said board, or any member thereof, and posted at least in three public places in said town for at least ten days prior to said election, specifying the time and place of said election. Certificates of election. Elections held where no election at provided period. Sec. V. Be it further enacted , That said board shall elect one of their number as chairman, and shall have power to fill all vacancies occurring on said board by appointment, and to appoint a marshal Page 325 and such police force as they may deem necessary within their discretion, and shall, before entering upon the discharge of their duties, subscribe an oath before same officer authorized to administer the same, to faithfully and impartially discharge the duties of their office, which oath shall be filed with and entered upon the minutes of said board. Chairman of board. Vacancieshow filled Marshal and police. Oath of office. Sec. VI. Be it further enacted , That said board of commissioners shall constitute a body corporate under the name and style of the board of commissioners of the town of Graysville, and by that name shall have perpetual succession, be capable of sueing and being sued, plead and being impleaded with in any of the courts of law or equity in this State, and shall have power to pass and enact all laws and ordinances which may seem to them proper or necessary for the government and prosperity of said town, which are not repugnant to the Constitution and laws of this State, and to punish all offenders against any of these ordinances or by-laws by fine not to exceed one hundred dollars, imprisonment or work upon the streets of said town not exceeding thirty days, either or all of these may be imposed within the discretion of said board or a majority of said board. Corporate name. General powers and franchises. Sec. VII. Be it further enacted , That said board of commissioners shall have power to levy and collect a tax 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 tax on all shows, exhibitions for gain. May levy and collect a tax on all property. Tax on shows, etc. Sec. VIII. Be it further enacted , That there shall not be sold in said town of Graysville any spirituous, vinous, malt liquors or any kind of intoxicating compound for any purpose whatever, and that said board of commissioners shall have power and authority to punish both by fine and imprisonment or work upon the streets of said town any offender against this provision. Sale of liquors prohibited. May punish violation of this provision. Sec. IX. Be it further enacted , That said board of commissioners shall provide for the working and repairing the streets of said town, and shall require all persons subject to road duty under the laws of this State and residing in said town, to work on the streets thereof for not exceeding ten days in each year, or to pay such commutation in money as the said board may fix in lieu of said work not exceeding one dollar per day. Working streets. Sec. X. Be it further enacted , That the chairman of said board is hereby created an ex-officio justice of the peace, so far as the issuing of warrants against any person or persons violating any of the penal laws of this State within the incorporated limits of said town, and as such may require such offenders to give bond for their appearance at the courts of said county, having jurisdiction of said violation, or in default of said bond to commit them to the common jail of said county, to the same extent that the justices of the peace or notaries public have under the laws of this State. Chairman an ex-officio justice of the peace. Appearance bonds. May commit to jail. Sec. XI. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved September 8, 1883. Page 326 TO INCORPORATE THE TOWN OF CHAUNCY, IN DODGE COUNTY. No. 155. An Act to incorporate the town of Chauncy, in the county of Dodge; to confer certain powers, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That the municipal government of the town of Chauncy shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the Town of Chauncy, and by that name and style shall have perpetual succession and shall by the said name be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess; to retain to them and their successors for the use and benefit of the said town of Chauncy, in perpetuity or for any term of years any estate, real or personal, lands and tenements, of what kind or nature soever, within the limits of said town; and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Name of corporation. General powers and franchises. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of the town of Chauncy shall extend three-fourths of a mile in every direction from the depot of the East Tennessee, Virginia and Georgia Railroad located in said town. Corporate limits defined. Sec. III. Be it enacted by the authority aforesaid , That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Saturday in January, 1884, ten days' notice having been given, and on the same day in every January thereafter, and that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified; and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation three months previous to said election, shall be entitled to vote for said mayor and aldermen; provided , no person who is not a resident citizen within the said corporation shall be eligible to the office of mayor or alderman in said town; and provided , that for the purpose of temporary organization there shall be an election for mayor and aldermen of said town on the fifteenth day of September, 1883. Corporate authorityhow vested. When elected. Term of office. Who may vote. Election for temporary organization. Sec. IV. Be it further enacted by the authority aforesaid , That any two citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate; and the person receiving the highest number of votes shall be declared to be duly elected, and the managers shall give their certificates to such persons as shall be thus elected. Who may preside over elections. Page 327 Sec. V. Be it further enacted by the authority aforesaid , That the said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary or a justice of the peace, clerk of the superior court or commissioned notary public, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman) of the town of Chauncy during my continuance in office. So help me God. Mayor and aldermen shall take and subscribe an oath. Sec. VI. Be it further enacted by the authority aforesaid , That the said mayor and aldermen shall, at their first annual meeting, after being qualified, proceed by ballot to elect a marshal (and, if they deem necessary, a deputy marshal), clerk of council and treasurer, each of whom, unless removed, shall remain in office until a new election for and qualification of mayor and aldermen, and that said mayor and aldermen shall have full power to remove from office, or to punish by fine not exceeding fifty dollars, any officer elected by them for any neglect, malpractice in or abuse of said office. Marshal and other officers to be elected. Terms of office. Power to remove from office or punish by fine. Sec. VII. Be it further enacted by the authority aforesaid , That in case the mayor or any alderman, while in office, shall be guilty of any willful neglect or mal-practice in, or abuse of said office, he or they shall be liable to be indicted before the superior court of Dodge county, and on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every offense, and moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Liable to indictment. Penalty. Sec. VIII. Be it further enacted by the authority aforesaid , That all males over the age of sixteen years and under the age of fifty, who may have resided in said town ten days, shall be subject to work the streets according to the road laws now of force in this State, or to be taxed therefor after opportunity offered so to work, as the town council may determine, as a commutation for such duty, not to exceed two dollars per day. Persons subject to work streets. May pay commutation tax in lieu of work. Sec. IX. Be it further enacted by the authority aforesaid , That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during continuance in office. Salaries of officershow regulated. Sec. X. Be it further enacted by the authority aforesaid , That the mayor or mayor pro tempore and any two aldermen shall form a quorum for the transaction of business, and the mayor or mayor pro tempore shall have the casting vote, and a majority of all the votes shall determine all questions and elections before the council, and the mayor and each alderman shall be to all intents and purposes a justice of the peace so far as to enable them or any of them to issue warrants for offenses committed within the corporate limits of said town, which warrant shall be executed by the marshal or deputy marshal, and to commit to the county jail of Dodge county or to admit to bail according to law, offenders, for their appearance before the superior court thereafter, for the county of Dodge, to await his, her, or their trial; and it shall be the duty of the jailor of said county to receive all such persons so committed and them safely keep until the same be discharged by due course of law; and in all Page 328 cases where persons committed to jail are, or shall be, unable to pay jail fees, the said corporation shall be liable for the same. A quorum. Mayor to have casting vote. Mayor and each alderman shall be a justice of the peace. Marshal to execute warrants. Jailor to receive offenders. Jail fees. Sec. XI. Be it further enacted by the authority aforesaid , That the expenditures of the mayor and aldermen, and the compensation of the town officers shall be paid out of the town funds by an order drawn by the clerk of council (upon the town treasurer and countersigned by the mayor or the mayor pro tempore of the council), and that the marshal, or deputy marshal, and clerk and treasurer shall give bond and good security to the mayor and aldermen and successors, in a sum to be fixed by the mayor and aldermen, for the faithful performance of his or their duties. Expenditures to be paid from town fund. Officers to give bond. Sec. XII. Be it further enacted by the authority aforesaid , That the said mayor and aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well being of said town, to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia, and of the United States; they shall also have full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. Power to pass by-laws, etc. Sec. XIII. Be it further enacted by the authority aforesaid , That the mayor, and in his absence, the mayor pro tem. of said town shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town, by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding ninety days. Power for trial of offenders. May fine or imprison. Sec. XIV. Be it further enacted by the authority aforesaid , That the mayor of said town shall receive for his services such sum per annum as may be fixed by the town council, and all the salaries to be paid to the officers of said incorporation, together with all the expenditures made for the use of said town, shall be paid out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to inspection by the mayor and aldermen of said town, or any or either of them, and all sums of money paid into the treasury by the provisions of this Act, shall, and the same are hereby directed to be a fund for the exclusive use of said town. Mayor's salary. Duty of treasurer as to town funds. Sec. XV. Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have power to license persons to retail and sell spirituous liquors within the limits of said town; and that no person or persons shall sell by retail any spirituous liquors within the limits of said incorporation, without first obtaining such license, for which he or they applying shall pay such sum of money as the mayor and aldermen of said town, by ordinance, shall determine, which tax shall be paid into the treasury of said town, and be appropriated to the use of said town. Licenses to retail intoxicating liquors. Sec XVI Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have power and authority to Page 329 levy a tax upon all billiard tables kept or used for the purpose of playing on, gaming or renting, and all ten-pin alleys, or alleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls, or for the purpose of renting the same; and also all wheels of fortune; and the said mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant show masters, who may exhibit in said town any show, circus, riding, tumbling, sleight-of-hand, tricks of legerdemain or any theatrical exhibition coming under this description. Power to tax games, shows, etc. Sec. XVII. Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes, not to exceed one-half of one per centum upon all the real and personal estate within the corporate limits of said town as they may deem necessary for the support of the government of said town; and also to enforce the collection of all fines which may be imposed by said mayor and aldermen under the provisions or the powers granted by this Act. Power to tax all property. Sec. XVIII. Be it further enacted by the authority aforesaid , That it shall be the duty of all tax-payers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns under oath to the clerk of council in said town or to such other officer as the mayor and aldermen of said town may appoint for said purpose, at such time as the mayor and aldermen may limit, of all their taxable property, held in their own right or in the right of any other person, and in case any person or persons shall fail or refuse to make such returns or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person and may fix such values thereon as they may deem correct and just, and all taxes levied and imposed by said mayor and aldermen in case of a refusal to pay the same shall be collected in the following manner: an execution for the sum due and all costs shall be issued by the clerk of council, directed to the marshal against the estate, both real and personal, of said defaulter, and shall be levied by the marshal or deputy marshal upon the said estate, and after having been advertised thirty days in the gazette where sheriff's sales are advertised for said county, the said marshal or deputy marshal shall sell at public outcry the property so levied upon, at the time and place for sheriff's sales in said county, and the deed of the marshal or his successor in office made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defaulter; and all executions issued under the provisions of this Act shall bind all the property of the defendant from date and shall have rank and precedence as executions from the courts of this State now have by law, and the costs thereof shall be the same as in tax collectors' executions by the laws of this State; provided , that whenever any land is sold by virtue of a tax execution issued under the provisions of this Act, the owner thereof or any administrator, executor, or guardian or other trustee of the defendant in execution, shall have the privilege Page 330 of redeeming said land thus sold, within the time and in the manner pointed out in section 898 of the Code of 1882. Tax payers to make annual returns. Assessment on failure of owner to make returns. Collection of taxeshow enforced. Sec. XIX Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town, and also to establish a market or markets in said town, and also license, regulate, and control all taverns and public houses in said town, and also to regulate all butcher-pens, slaughter-houses, tan-yards, blacksmith-shops, forges, stores and chimneys in said town, and to remove or cause to be removed the same, or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become nuisances; and also, if necessary, to fill up all pits, cellars and excavations in said town or cause the owner to do so; also, to regulate drays, omnibuses, buggies, carriages, wagons and carts owned or kept and used in said town; and also full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Power to remove nuisances. Establish a market and control taverns, butchers' pens, etc. Regulate drays, carriages, etc. Sec XX. Be it further enacted , That the mayor and aldermen shall have power to take up and impound any horses, mules, dogs, hogs, cows, or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all such animals in said town. May impound animals. Sec. XXI Be it further enacted , That the mayor and aldermen, or the mayor and any two aldermen, upon the trial and examination of any offenders against the laws of this State, or ordinances of said town, shall have power to issue all process, writs and sub[UNK]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes shall be signed by the clerk, and bear test in the name of the mayor, or other officer acting pro tempore instead of said mayor, and be served or executed by the marshal or deputy marshal. Processes in case of trials of offenders. Sec. XXII. Be it further enacted , That in case there should at any time be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any two freeholders residing in said town, upon giving ten days' notice thereof, shall or may proceed to hold an election in manner as pointed out in this Act for the regular elections in said town; and the mayor and aldermen so elected shall hold their office until the next regular election in said town, or until their successors are qualified; and in case at any time there should be a vacancy in the office of mayor or alderman, that the mayor and any two aldermen or two freeholders resident in said town may, upon ten days' notice, proceed to fill such vacancy in the manner pointed out for elections in said town by this Act; and all officers thus elected to fill vacancies shall hold their office until the next regular election in said town, or until their successor is qualified. Election where no election is had at regular period. Vacancieshow filled. Sec. XXIII. Be it further enacted by the authority aforesaid , That the mayor and aldermen shall have full power and authority to open and lay out, to widen, straighten or otherwise change streets Page 331 and alleys in the said town. Whenever the mayor and council shall exercise the power in this section 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 damage sustained, or the advantage derived, by the owner or owners of said lots in consequence of the opening, widening or straightening, or otherwise changing said streets or alleys; and in case said assessors cannot, they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the superior court of Dodge county within ten days from the said award, the mayor and council of said town of Chauncy to have power and authority to levy, collect and enforce the final award and 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 owner. Sec. XXIV. Be it further enacted , That hereafter when any fi. fa , issued by the corporate authorities of said town for fines, forfeitures, taxes or any other debt or demand due said corporation, shall be levied upon any property claimed by any other person not a party to said if. fa. , that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first justice court or superior court having jurisdiction thereof, as the case may be. Sec. XXV. Be it further enacted , That this Act shall take effect from and after the fifteenth day of September, eighteen hundred and eighty-three. Sec. XXVI. 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 11, 1883. TO AMEND THE CHARTER OF THE CITY OF CUTHBERT, IN THE COUNTY OF RANDOLPH. No. 157. An Act to amend the charter of the city of Cuthbert, in Randolph county, in relation to the receiving of taxes in said city, and to authorize the appointment of tax assessors, and for other purposes. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act the charter of the city of Cuthbert, in Randolph county, be so amended as to authorize the mayor and council of said city, at their first meeting in each municipal year, or as soon thereafter as practicable, to appoint three discreet freeholders, citizens of said city, as a board of tax assessors, who shall hold their office for one year and until their successors are elected Page 332 and qualified. Vacancies occurring in said board of tax assessors may be filled at any time by appointment made in like manner by the mayor and council at any regular or special meeting of the city council. A board of tax assessors provided. Vacancieshow filled. Sec. II. Be it further enacted , That each of said board of tax assessors shall, before entering on the discharge of their duties, take and subscribe before the mayor, or any judicial officer of the State, the following oath, which shall be entered on the minutes of the city council: I, A. B., do solemnly swear that I will faithfully and impartially perform all the duties required of me as a member of the board of tax assessors for the city of Cuthbert, during my continuance in office, so help me God. It shall be the duty of said board of tax assessors to receive and examine the tax books of said city each year after the same shall have been completed by the city's tax receiver or city clerk, and to carefully assess and fix a true valuation on all the taxable property of said city as to them may seem just and right. Any person dissatisfied with the valuation or assessment of his property may appeal to the mayor and council of said city, whose decision shall be final and conclusive. Said board of tax assessors may receive for their services such sum as the mayor and council may prescribe. Oath of office. Duties of said board. Appeals allowed. Pay of assessors. Sec. III. Be it further enacted , That said mayor and council may pass any and all ordinances and rules for fully carrying into effect the provisions of this Act, and to prescribe additional duties for said board of tax assessors. Mayor and council may pass needed ordinances. 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 12, 1883. TO REGULATE THE OFFICIAL TERMS OF MEMBERS OF THE CITY COUNCIL OF AUGUSTA. No. 162. An Act to regulate the time for which the members of the city council of Augusta shall hold office, 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 at the next general election for members of the city council of Augusta, there shall be elected from each of the following wards of said city, namely: The first, second, third and fourth, three members of the city council of Augusta, one in each ward for a term of three years, one in each ward for a term of two years, and one in each ward for a term of one year. In the fifth ward of said city, one member of the city council shall be elected for a term of one year. At each general election thereafter, one member shall be elected from each of said four wards, namely: the first, second, third and fourth, for a Page 333 term of three years, and one member from said fifth ward for a term of one year. The members thus elected shall hold their office until their successors are elected and qualified. All elections to fill vacancies shall be for the unexpired term of the member whose vacancy is to be filled. Terms specified. 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 12, 1883. TO INCORPORATE THE TOWN OF VILLA RICA, IN THE COUNTY OF CARROLL. No. 171. An Act to incorporate the town of Villa Rica, on the Georgia Pacific railroad, in the county of Carroll, and to provide for the election of a mayor and councilmen of said town, and for other purposes herein contained. Section I. Be it hereby enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the town of Villa Rica, on the Georgia Pacific railroad, and in the county of Carroll, be, and the same is hereby incorporated under the name of the town of Villa Pica. Corporate name. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one-half a mile in every direction from the depot building on the Georgia Pacific railroad in said town. Corporate limits. Sec. III. Be it further enacted , That an election shall be held in said town on the first Thursday in October next for a mayor and five councilmen, who shall serve for one year, or until their successors are elected and qualified. Election for mayor and councilmen. Sec. IV. Be it further enacted , That from and after the passage of this Act, no person shall sell in any quantities any spirituous, malt or intoxicating medicated bitters or tonics, or in any way furnish or dispose of the same within the corporate limits of the same. Sale of ardent spirits prohibited. Sec. V. Be it further enacted , That any persons violating section four of this Act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the new Code of Georgia. Sale of liquor a misdemeanor. Sec. VI. Be it further enacted , That the provisions of the new Code, from section 774 to 797 inclusive, and not in conflict with this Act, be, and the same are hereby made applicable to said corporation and the officers elected as herein provided, and their successors in office. Sections 774 to 797 of the Code made applicable. 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 September 13, 1883. Page 334 TO AMEND THE CHARTER OF THE TOWN OF TALLAPOOSA, IN HARALSON COUNTY, GEORGIA. No. 172. An Act to alter and amend an Act to incorporate the town of Tallapoosa, in the county of Haralson, and for other purposes, approved December 20, 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, approved December 7, 1880, by changing the center of said incorporation to a point one-half mile from where it now is, which point is known as seven chestnuts; and to extend the corporate limits of said town one mile in every direction from said seven chestnuts. Section I. Be it enacted by the General Assembly of Georgia , That the above recited Act be, and the same is hereby amended by striking out of the third section of said Act, all the words after the word extend in the second line of said section, which words are as follows: One-half mile in every direction from the crossing of the Cedartown and Arbacoochee and Buchanan and Jacksonville roads in said town; and inserting in lieu thereof, the following words: One mile in every direction from a point in said town known as seven chestnuts, so that said section, as amended, will read as follows: Be it further enacted, that the corporate limits of said town shall extend one mile in every direction from a point in said town known as seven chestnuts. Changing and defining corporate limits. 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 13, 1883. TO AMEND THE CHARTER OF ROCKMART, IN POLK COUNTY. No. 174. An Act to amend an Act entitled An Act to incorporate the town of Rockmart, in Polk county, Georgia, approved August 26, 1872, and the Act amendatory thereof, approved March 3, 1875, that an Act to prescribe the manner of incorporating towns and villages in this State, approved August 26, 1872, be adopted and added as an amendment to the charter of the town of Rockmart, in Polk county, State of Georgia, so far as applicable, and to prevent the collecting of tax on improvements, live stock, etc., used on farming lands in said town; to fix the boundaries of said town, and to regulate the closing of streets and alleys in said town. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that an Act to prescribe Page 335 the manner of incorporating towns and villages in this State, approved August 26, 1872, and the Acts amendatory thereof, be, and the same are hereby adopted and added as an amendment to the charter of Rockmart, so far as applicable. Act of August 26 1872, etc., adopted. Sec. II. Be it further enacted , That the council of said town shall not have any power or authority to levy and collect tax on improvements, live stock, agricultural or farming implements, or tools, wagons, etc., used or employed on farming lands within the corporate limits of said town of Rockmart, or adjacent thereto. Power to tax timber. Sec. III. Be it further enacted , That the corporate limits of said town be and remain as set forth and fixed by the original Act incorporating said town, approved August 26, 1872. Corporate limits. Sec. IV. Be it further enacted , The streets and alleys now open and used in said town shall not be closed only by a two-thirds majority vote of the council of said town and the written consent of the adjacent property owners. Streets to remain as now arranged. 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 13, 1883. TO AUTHORIZE THE CITY COUNCIL OF AUGUSTA TO FIX AND REGULATE THE SALARY OF THE MAYOR OF SAID CITY, ETC. No. 175. An Act to authorize the city council of Augusta to fix and regulate the salary of the mayor 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 from and after the passage of this Act the city council of Augusta shall have the power to fix annually the salary of the mayor of said city; provided , that said salary shall not for any one year be fixed at less than twenty-five hundred dollars, nor exceed the sum of five thousand dollars. Salaryhow fixed. Limitations of. 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 13, 1883. Page 336 TO AMEND THE CHARTER OF CRAWFORDVILLE. IN THE COUNTY OF TALIAFERRO. No. 178. An Act to amend the charter of the town of Crawfordville, Taliaferro county, approved December 27, 1826, and the Act amendatory thereto, approved August 29, 1879, so as to change the time of holding the elections for commissioners and marshal of said town; to prescribe the qualification of electors and provide for the punishment of illegal voting; to provide for the election and prescribe the powers of the chairman of the council and said corporation; to enlarge the powers of said council as to taxation; to provide for the abatement of nuisances; to provide for the making, opening and improvement of streets; to provide for the imposition of punishment in the alternatives, either by fine or imprisonment; and to provide for the collection of fines. Section I. Be it enacted by the General Assembly of the State of Georgia , That the election of the five commissioners constituting the council of the town of Crawfordville, Taliaferro county, shall be held annually on the second Wednesday in October. The manner of holding said elections shall be the same as now prescribed by law for holding elections for members of the General Assembly, and the qualifications of electors shall be the same as that of electors entitled to vote for members of the General Assembly, and who have resided within the corporate limits of said town for the period of six months next preceding said election. Election of town commissionerstime and manner of. Sec. II. Be it further enacted , That said commissioners, at the time of their qualification, which shall not be longer than ten days after their election, shall elect a marshal and treasurer for said corporation, and shall prescribe their duties, fix their compensation and determine the amount of their respective bonds. And said commissioners shall, also, at said time elect one of their number chairman, who shall be chief executive of said town, shall take care that the orders, ordinances and resolutions of the council are faithfully executed, and shall preside over the deliberations of the council. Qualification of commissioners. Marshal and treasurer. Powers and duties of commissioners defined. Sec. III. Be it further enacted , That any person voting illegally at a municipal election held in said town shall be liable to the same penalties as are prescribed by the laws of this State for illegal voting at the State and county elections, and may be prosecuted for the same as illegal at State and county elections are prosecuted. Illegal votinghow punished. Sec. IV. Be it further enacted , That the council of said town shall have power to levy a tax on real and personal property not exceeding one-half of one per cent. Taxes to be levied. Sec. V. Be it further enacted , That the council of said town shall have power therein to abate or cause to be abated anything, which in the opinion of a majority of the whole council, shall be a nuisance; to lay off, make, vacate, close, open, alter, curb, pave and Page 337 keep in good order and repair roads, streets, alleys, sidewalks, cross-ways, foot-ways, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them, and to regulate the width of sidewalks on the streets. Abatement of nuisances. Keeping streets, etc., in repair. Sec. VI. Be it further enacted , That said commissioners shall have power to fine or imprison, or both, at their discretion, all persons guilty of a violation of any of the by-laws, rules and ordinances of said corporation; provided , that said fine shall not exceed fifty dollars, and the term of imprisonment shall not exceed thirty days. Violation of by-laws punished. Sec. VII. Be it further enacted , That said commissioners shall have power to issue executions, to enforce the payment of all taxes, fines or debts due to said corporation in their corporate capacity, to be signed by their chairman, attested by their clerk and be directed to the marshal, whose duty it shall be to levy said execution on any of the property belonging to the defendants that may be found in Taliaferro county. Said commissioners shall receive for the same, the same fees as a justice of the peace receives in similar cases; that whenever the marshal of said town shall be required to levy upon and sell real property, he may sell the same in said town under the laws governing sheriff's sales, and shall receive the same fees therefor as sheriffs receive in similar cases; and when said marshal shall be required to sell personal property, he shall levy and sell under the same laws now governing constables' sales and shall receive the same fees therefor as constables receive. May issue executions, etc., to enforce collection of taxes, fines, etc. Fees of commissioners. Fees of marshal. Sec. VIII. 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 13, 1883. TO AMEND THE CHARTER OF ROSWELL, COBB COUNTY, GEORGIA. No. 181. An Act to amend the charter of the town of Roswell, Cobb county, Georgia, by changing the corporate limits of said town, 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 aforesaid , That from and after the passage of this Act, section one of an Act to incorporate the town of Roswell, in the county of Cobb, which Act, to-wit: Section one thereof defines the limits of said town of Roswell to extend one mile in every direction from the Presbyterian church in said town, shall be so amended as to make the boundary of said town as follows, to-wit: Beginning at the southeast corner, where Vickery creek enters into the Chattahoochee river, running north along said Vickery creek, making it the corporate line to the mouth of Ox-bow creek, thence north along said Ox-bow creek to where it Page 338 crosses the north boundary line of lot of land No. 427, thence west along the north line of lots No. 427, 411 and 388 to the northwest corner of said lot No. three hundred and eighty-eight, thence south along the western line of said lot number 388 for two miles to the southwest corner of lot of land number 381, thence east along the south line of said lots numbers 381, 418 and 420 to a point where said south line of lot number 420 crosses the Chattahoochee river, thence northeast along the northern bank of said river to the starting point at the mouth of Vickery creek, which line last above mentioned shall, after the passage of this Act, be the boundary line constituting the corporate limits of said town of Roswell; provided , that the provisions of this Act shall not go into effect until the first day of January, 1884. Corporation lines altered and defined. 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 13, 1883. TO AMEND THE CHARTER OF CLARKSVILLE IN HABERSHAM COUNTY. No. 182. 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 September 16, 1870, to amend an amendment to said Act, approved December 9, 1871, and to amend an amendment to said Act of incorporation, conferring additional power upon the incorporate authorities of the town of Clarksville, in Habersham county, and otherwise amending the charter of said town, approved August 24, 1881 so as to authorize the mayor and councilmen to levy and collect a tax to defray expenses of the government of said town, to levy a special tax on mercantile houses, beef markets and wagons vending the same, commission merchants, livery stables, billiard tables or pool tables, vendors of patent and proprietary medicines and shows; to extend the limits of the town so as to include the depot on the Northeastern railroad at Clarksville; to authorize the mayor and councilmen to regulate the license for retailing spirituous liquors and malt liquors in said town; to open out new streets, alleys and proper drainage, 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 charter of the town of Clarksville, and the Act of the Legislature approved August 24, 1881, amending the same, be so amended as to authorize the mayor and councilmen of Clarksville to levy and collect a tax not to exceed three and a half tenths of one per cent. on the taxable property Page 339 of said town to defray the expenses of the town government. May collect a tax to pay expenses of town government. Sec. II. Be it further enacted , That the mayor and councilmen, as aforesaid, be authorized to levy a special tax or license on all mercantile houses, beef markets and wagons vending the same, commission merchants, livery stables, billiard and pool tables, vendors of proprietary or patent medicines, and shows offering for sale or doing business within the corporate limits of said town, and that the mayor and councilmen shall have the power to regulate the same, and to pass and enforce ordinances for the punishment of those refusing or neglecting to procure such license. May levy and collect a special tax. Sec. III. Be it further enacted . That the said mayor and councilmen be, and are hereby authorized to extend the corporate limits of said town, so as to include the depot on the Northeastern Railroad at Clarksville, and to regulate the license for retailing spirituous and malt liquors in said town. May extend corporate limits. May regulate retail liquor license. Sec. IV. Be it further enacted , That the authorities aforesaid be authorized to open streets and alleys in said town when necessary, and to construct proper drainage for the benefit and health of said town. May open streets and alleys. Construct proper drainage. 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 13, 1883. TO AMEND THE CHARTER OF JEFFERSON, IN JACKSON COUNTY. No. 185. An Act to amend the twenty-first section of an Act entitled an Act to incorporate the town of Jefferson, in the county of Jackson, approved August 14, 1872, for the purpose of adjusting the amount of damages to property-holders in opening new streets or widening or altering old streets or sidewalks in 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 from and after the passage of this Act, the said twenty-first section of said recited Act be, and the same is hereby repealed, and that in lieu of said section the following be enacted: That said mayor and council shall have full power and authority to open new streets, widen old streets, and otherwise to regulate, lay out, direct and control the streets of said town, to assess a tax for the payment of the damages caused by the same when the property of any person may be injured thereby, and that all streets, alleys, sidewalks, pavements and street crossings shall be under the control, power and direction of the said mayor and council, and they shall have full and complete power and authority to widen sidewalks, to direct the mode and manner, and style in which all streets, crossings, sidewalks and Page 340 pavements shall be constructed. But whenever said mayor and council shall exercise any of the powers hereinbefore conferred upon them with reference to the streets and sidewalks of said town to the injury of private rights, there shall be appointed five freeholders of said town, two by the mayor and council, two by the owner of the land to be affected by the action of said mayor and council (or should the owner fail or refuse within five days after having been notified by the mayor of the selection of two freeholders on the part of the mayor and council, then by the ordinary of said county), and the other by the arbitrators so chosen, who shall assess the damages sustained, or to be sustained by the owner or owners of the land to be affected by the exercise of the powers herein conferred upon said mayor and council with reference to the streets and sidewalks of said town, and from the award of the arbitrators either party may appeal to the superior court under such rules and regulations as are prescribed for entering appeals from the justices' courts to the superior courts; provided , private property shall not be so taken for public purposes until the damages so assessed shall be first paid by the authorities of said town or be legally tendered to the party aggrieved; and provided further , should either party enter an appeal as hereinbefore provided for the work contemplated may proceed upon the mayor and council tendering the amount of damages assessed and giving bond with good security to the party injured in double the amount of the damages assessed, conditioned to pay whatever damages may be assessed on the appeal. Jurisdiction over streets, etc. Amount of damages. Appeal from award Damages to be paid or secured before use. 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 14, 1883. TO AMEND THE CHARTER OF GRIFFIN. No. 187. An Act to amend the charter of the city of Griffin. Section I. Be it enacted by the General Assembly of the State of Georgia , That the second section of the Act approved December 3, 1881, amending the charter of the city of Griffin, be amended by striking out after the words salary of, in the third line of said section, three hundred, and insert in lieu thereof the words not more than three hundred; and be it further amended by inserting after the word dollars, in the third line, the words to be fixed by the mayor and council at the time of his election, so that said section shall read, when amended: 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 not more than three hundred dollars, to be fixed by the mayor and council at the time of his election. Salary of judge of city court. Page 341 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 14, 1883. TO AUTHORIZE THE CITY COUNCIL OF AUGUSTA TO ISSUE BONDS, SELL THE SAME, AND APPLY THE PROCEEDS. No. 194. An Act to authorize the city council of Augusta to issue bonds not to exceed in amount the sum of two hundred thousand dollars, to sell the same at not less than par, to use the proceeds thereof only to pay off the floating debt of the city of Augusta incurred prior to the date of the adoption of the State Constitution of 1877; to provide for the redemption of said bonds, 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 city council of Augusta is hereby authorized to issue bonds with the usual interest coupons attached, to an amount not to exceed the sum of two hundred thousand dollars; said bonds to be issued and bear date as soon as the same can be prepared; and shall be of such form and denomination, and bear such rate of interest, not exceeding six per cent., as the city council of Augusta shall, by ordinance, provide. Said bonds shall be payable thirty years from their date, and shall not be taxable by the city. The municipal authorities shall not sell said bonds or any portion of them below par. The city council of Augusta shall provide each year, by taxation, a sufficient amount to pay the principal and interest of said bonds as the same shall mature; the proceeds arising from the sale of said bonds shall be used in paying off the floating debt of the city of Augusta, incurred prior to the date of the adoption of the State Constitution of 1877, and for no other purposes whatever. May issue bonds with coupons. Amount not to exceed $200,000.00. Rate of interest. Payable when. Non-taxable by city. Payment of provided for. Proceedshow used. 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 15, 1883. Page 342 TO AUTHORIZE THE MAYOR AND COUNCIL OF AMERICUS TO RECEIVE APPEARANCE BONDS FROM VIOLATORS OF ANY ORDINANCE OF SAID CITY, ETC. No. 195. An Act to authorize the mayor and council of Americus to receive from any person charged with a violation of any ordinance of said mayor and council a bond for his appearance before the mayor or council, and, in case of the violation of the provision of said bond, to forfeit and collect the penalty in said bond prescribed; and also, to authorize the mayor and council to compel the attendance of witnesses before the mayor or council. Section I. Be it enacted by the General Assembly of Georgia , That whenever any person is charged with a violation of any ordinance of the mayor and council of Americus, he may be released upon giving bond, with good security, in a sum to be fixed by the mayor, conditioned for his appearance before the mayor or the mayor and council of said city, at a time to be fixed by the mayor, to answer said charge. Release on bond to appear. Sec. II. Be it further enacted , That in case of the failure of the person so bound to appear at the time fixed in said bond, said bond may be forfeited. Upon the forfeiture of said bond, the clerk of said mayor and council shall issue a summons to said principal and his surety or sureties, calling upon them to show cause, at a fixed time before the mayor, why they should not pay the amount of said bond; a copy of which summons shall be served upon said principal and each of his sureties at least ten days before the time fixed for the hearing, by the marshal of said city, if to be found. The hearing upon said summons shall be before the mayor, who shall have the power to determine upon the showing made, and should he deem the same insufficient he shall pass an order directing the clerk to issue execution against the parties served for the amount of said bond, which execution may be levied by the marshal of said city or by any sheriff of said State, and shall bind the property of the defendants therein from the date of its issue. Forfeiture of bond. Proceedings for forfeiture. Sec. III. Be it further enacted , That the mayor shall have power to punish for contempt any person who declines or refuses to obey any summons directed to said person, and served, commanding such person to appear before the mayor or the mayor and council as a witness. May punish for contempt. 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 15, 1883. Page 343 TO INCORPORATE THE TOWN OF DUBLIN, IN LAURENS COUNTY. No. 199. An Act to incorporate the town of Dublin, in the county of Laurens. 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 Dublin, in the county of Laurens be, and the same is hereby incorporated under the name of the town of Dublin; that the municipal government of the town of Dublin shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the corporation of the town of Dublin, 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, enjoy, possess and retain, to them and their successors for the use of the town of Dublin, 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 said town shall extend one mile in every direction from the court-house in the public square, in the county of Laurens and State of Georgia, except it shall not extend beyond the western bank of the Oconee river. Corporate name. Government vested. Corporate name. Corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That Joel E. Percy be, and is hereby appointed mayor of said town, and Martin L. Jones, Kinchen H. Walker, John J. Weaver, Elijah Benton and Daniel A. Smith 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 1884, and until their successors are elected and qualified. Said mayor and councilmen shall enter upon the duties of their offices immediately after the passage of this Act, and shall take the oath of office as hereinafter required for said officers. Mayor. Councilmen. Sec. III. Be it further enacted by the authority aforesaid , 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 first Monday in July, in the year 1884, and on the first Monday in July in each year thereafter, for mayor and five 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 notices in three public places in said town, and advertising said notice for twenty days prior to said election in a public gazette published in said town, or having a general circulation therein. The polls at all elections in said town shall not be opened before eight o'clock a. m., and shall be closed at four o'clock p. m. The qualifications Page 344 of voters at said elections shall be such as are required for electors to the General Assembly of this State, and in addition thereto residence within the corporate limits of said town for six months next preceding the election, the registration of their names as herein provided, and the payment of all legal taxes required of them by said corporation. Elections. Who may vote. Sec. IV. Be it further enacted , That 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 and legal performance of their 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 shall 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 Dublin; that you have registered as required of voters, and have paid all taxes legally required of you by said town of Dublin, so help you God. Electionsby whom held and how. Oath of voter. Sec. V. Be it further enacted , 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 elections, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within ten days 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, which oath shall be filed with the clerk of council, and shall be recorded by him in a book to be kept for that purpose. Officers to take oath. 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 pro tempore , a majority of the council shall choose one of themselves to act as mayor temporarily. Mayor pro tem. Sec. VII. Be it further enacted , That in case of the death, resignation, or removal from town of the mayor, the mayor pro tempore shall order an election to fill said vacancy, as is prescribed in section three of this Act as in case of failure to hold an election. Vacancyhow filled. 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. Eligibility. Sec. IX. Be it further enacted , That said mayor and council shall at their first meeting, or as soon thereafter as practicable, elect a marshal and a clerk and treasurer, and shall prescribe the fees and pay of said officers, and shall have power to remove them from office for a breach or neglect of duty, or incapacity to discharge their duties Said mayor and council may elect the same person to fill the office of clerk and treasurer, and shall furnish the marshal such assistants as may be necessary in the execution of the Page 345 duties of his office, or to enable him to preserve the peace, and enforce order and obedience to the ordinances of said town. Marshal, clerk and treasurer. 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 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, and shall provide and take such bonds from the marshal and clerk and treasurer as may be necessary for the faithful performance of the duties of their offices, which bonds shall be filed in the office of the clerk of council, and recorded by him in a book to be kept for that purpose. General powers. Sec. XI. Be it further enacted , That the mayor, or in his absence or inability the acting mayor, of said town shall hold a police court in said town at any time for the trial and punishment of all violators 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 guard-house of said town not to exceed sixty days, and, in addition thereto, such costs of the proceedings as may be imposed. Said costs and fines shall be collected by execution issued by the clerk of council against the estate of the offender, both real and personal. Police court. Offenders punished. Sec XII. Be it further enacted , That the mayor and other officers shall receive such pay and compensation as the mayor and council shall fix by ordinance, but no salary shall be increased or diminished during the term of office. Compensation of mayor, etc. Sec. XIII. Be it further enacted , That the council of said town shall have full power and authority to regulate by ordinance the sale of spirituous liquors 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 may deem proper, but not less than one thousand dollars; provided , that said mayor or council shall not issue license to any person or persons to sell spirituous liquors 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 bona fide dwelling on their freeholds within three miles of the court-house in said town of Dublin. Said distance, when not satisfactorily known, shall be measured by the county surveyor at the cost of the applicant, and his plat thereof shall be filed with his application. They shall also have power to license, regulate and control ten-pin alleys, billiard and pool tables, or to prohibit the same, and remove or abate them 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 Page 346 to govern any person engaged in carrying passengers for pay. Liquorsales of. Licensehow granted. Billiard and other tables. Livery stables, etc. 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 may 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, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper; provided , however, that no tax shall be imposed by said corporation upon any real or personal property, farming implements, carts, wagons or other tools owned or used exclusively for farming purposes, within the corporate limits of said town. Taxes on property. Special taxes on business. Shows, etc. Sec. XV. Be it further enacted , That the mayor and council of said town shall have full power and authority to open and lay out, widen and straighten, or otherwise change the streets, lanes, alleys, sidewalks or public squares in said town, to lay off, open, close up, curb, pave, drain and bridge, where necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same, to regulate and control all taverns and public houses, to establish markets, to regulate all butcher-pens, tan-yards, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed by them to be a public nuisance and destructive of the health, peace and quiet of said town, to protect places of public worship, to regulate the keeping of gunpowder and other combustibles, to provide for the burial of the dead and regulate interments therein, to make regulations for guarding against fire, to organize and equip fire companies, to fix and establish fire limits, and from time to time to enlarge or restrict the same. Streets, alleys, etc. Taverns, etc. Nuisances. Fire regulations. Sec. XVI. Be it further enacted , That the mayor and council may make any ordinance which they may deem proper for the regulation and control of horses, mules, cattle, hogs, dogs or other animals running at large in said town, and to take up and impound the same. Animals running at large. Sec. XVII. Be it further enacted , All male persons over the age of sixteen years, and not over forty-five years, who have resided in said town ten days, shall be subject to work the streets of said town, not exceeding fifteen days in each year, unless in case of extraordinary emergency, to be judged of by said mayor and council, or in lieu thereof shall pay as a commutation for such street work such sum of money as said mayor and council may determine, not to exceed six dollars per year; and in default of said work or the payment of said commutation, the defaulter may be fined or imprisoned, in the discretion of said mayor and council. Subject to to work streets. Commutation tax. Page 347 Sec. XVIII. Be it further enacted , That when the mayor or acting 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 fifty dollars or imprisonment not exceeding thirty days for each offense. Contempt. Penalty. Sec. XIX. Be it further enacted , That the marshal of said town may arrest, without a warrant, any person he may see violating the 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 Georgia, town of Dublin. I, , marshal of said town, in the name and behalf of the mayor and councilmen of said town charge and accuse with the offense of (here state the offense fully,) contrary to the laws of said town, the peace, good order and dignity thereof. This day of 188, 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 gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be adjudged of and approved by said marshal, and if the accused fail to appear at the time fixed for the trial, and from time to time until the final disposition of his case, then 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 the said rule, the same shall be heard by the said mayor, with the right of certiorari to the superior court of said county. Marshal arrests by. Form of accusation. Appearance bond. Forfeiture of. Sec. XX. Be it 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 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 is done, 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 by the marshal shall take place in front of the council chamber in said town, and within the legal hours of sheriff's sales. 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 judge of the county court, but if there be no such judge then to the justice court of the district in which said town is situated, unless the amount exceeds the jurisdiction of said courts, then the same shall be returned Page 348 to the superior court of Laurens county, and in case the claim or illegality be interposed to sale of real estate, the same shall be returned to the superior court of the county in which the property is situated, and in all such cases in all or any of said courts the same rules shall apply, and the same proceedings shall be had, and the same appeals, certiorari , or other exceptions shall be allowed as are legal in like cases in said courts. Writs, processes, etc., how directed. Tax executions. Sales under. Claimillegality. Sec. XXI. 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, but there may be a certiorari to the superior court in all cases from the decision of either the mayor or board of councilmen. The appellant, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay costs. Appeals Costs. Sec. XXII. Be it further enacted , That the clerk of said council shall keep in his office a book in which he shall keep a correct minute of all the meetings of the mayor and council, and of all courts held under authority of this Act, and of all other proceedings necessary to be recorded; a book in which he shall record all oaths of office required to be taken by the officers of said town; a book in which he shall record all official bonds given by any officer of said incorporation, and a book of registration of voters, which shall be open at all times except for six months immediately preceding the annual election of mayor and councilmen of said town in each and every year, and said clerk shall close said book for the full term of six months prior to said annual elections, and any citizen of said town may, at any time when said book is open for registration, have his name entered on said register as a voter of said town, and no person shall be allowed to vote at any election in said town unless his name is entered upon said register; provided , that a registration shall not be necessary at the first election held under this charter, and the provisions of this section shall not apply to said first election. Clerk to keep minutes. Record. Must register to vote. Sec. XXIII. Be it further enacted , That any clerk who shall allow any person to register his name in the book of registration of voters after the time of closing the same or within six months immediately preceding any annual election in said town, shall be subject to indictment in the superior court, and on conviction shall be fined not less than fifty dollars nor more than two hundred dollars (said fine to be paid over to the treasurer of said town for 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 conviction said clerk shall be removed from office. Illegal registration. Clerk punishable. Sec. XXIV. Be it further enacted , All previous Acts of incorporation of said town of Dublin are hereby repealed, and the incorporation of said town under an Act of the Legislature, approved August 26, 1872, is hereby declared null and void, and all Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed. Approved September 17, 1883. Page 349 CHARTER OF THOMASTON AMENDED. No. 203. An Act to amend an Act to incorporate the town of Thomaston in Upson county, etc., approved March 19, 1869, and the several Acts amendatory thereof, so as to provide that a mayor and four aldermen shall be elected by the qualified voters of said town; also, to provide that said mayor and board of aldermen shall select a mayor pro tem. ; also, to provide that any vacancy occurring in the office of mayor, or in the board of aldermen, shall be filled by an election by the qualified voters of said town; and also to confer additional powers on said mayor and aldermen. Section I. Be it enacted by the General Assembly of Georgia , That a mayor and four aldermen shall be elected by the qualified voters of said town. Mayor and aldermen. Sec. II. 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 appertaining to said mayor's office in the absence, for any cause, of said mayor. Mayor pro tem. Sec. III. Be it further enacted by the authority aforesaid , That any vacancy occurring in the office of mayor or in the board of aldermen, by death, resignation or otherwise, shall be filled by an election by the qualified voters of said town. Vacancies. 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 taxed by said board, from all person or persons 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, warehouses, drays, livery, feed and sale stables, transient dealers in live stock, grist mills, saw mills, planing or dressing mills, public cotton gins, wood shops, blacksmith shops, tanneries or tan-yards, harness, and shoe shops, doctors, peddlers, hucksters, meat markets, sewing machine agents, and out of all such other callings or pursuits as they may see proper so to do. License fees and specific taxes. Sec. V. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall look after the erection of all buildings, and see that they are made secure from fire, and shall require all owners or occupants of houses, on or near the business part of town, to keep all sidewalks in front of their houses in good repair; and should said owners or occupants fail to do so, it shall be the duty of the said mayor and aldermen to have said sidewalks put in good repair at the owner's or occupant's expense. Said mayor shall issue execution against any and all persons who fail to pay any or all fines imposed upon them, and place said execution in the hands of Page 350 the marshal, who shall proceed to collect said fines by levy and sale General powers over buildings, streets,etc. 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 15, 1883. CREATING A NEW WARD IN ATLANTA. No. 204. An Act to create a new ward in the city of Atlanta, known as the sixth ward, out of the territory lying north of the railroad, and from the territory now composing the fourth and fifth wards. Section I. The General Assembly of the State of Georgia do enact , There is hereby created for the city of Atlanta, out of the territory now composing the fourth and fifth wards, a new and additional ward, to be known as the sixth ward, to be bounded as follows: Commencing at the point where Butler street crosses the Georgia Railroad, and running along North Butler street to North avenue, thence along North avenue to Myrtle street, thence along Myrtle street to the corporation line, thence around the corporate line in a westwardly direction to a street known as Apple street (in Peters subdivision), thence along Apple street to Williams street, thence along Williams street to West Cain street, thence along West Cain street to James street, thence along James street to Forsyth street, thence along Forsyth street to the Western and Atlantic Railroad. Sixth ward. Boundary. Sec. II. The fourth and fifth wards of said city shall remain as at present laid off, after taking from each the territory comprised in the limits above specified. 4th and 5th wards to remain as at present. Sec. III. At the next regular municipal election in said city, two members of council shall be elected from said ward (the person receiving the highest vote to serve for two years, and the person receiving the next highest vote shall serve for one year), and thereafter alternately as members of council from other wards are elected. Their terms shall begin and end as now provided by the city charter. Council men from 6th ward. 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 September 15, 1883. Page 351 TOWN OF ABBEVILLE INCORPORATED. No. 208. An Act to incorporate the town of Abbeville, in the county of Wilcox, 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 Abbeville, in the county of Wilcox, be, and the same is hereby incorporated under the name of the Town of Abbeville; that the municipal government of the town of Abbeville 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 Abbeville, 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 Abbeville, 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 Abbeville shall extend one mile in every direction from the spot where the court-house now stands in said town. Corporate name. General corporate powers. Corporate limits. Sec. II. Be it enacted by the authority aforesaid , That Stephen Bowen be, and he is hereby appointed mayor of said town, and W. A. McLane, Robert J. Fitzgerald, L M. Gunn, S. N. Mitchell, James A. Stubbs and E. V. Johnson 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 1885, and until their successors are elected and qualified; the above named officers to enter upon the duties of their offices immediately after the passage of this Act. First mayor and council. 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 Tuesday in January, 1885, and on the second Tuesday 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. 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, residence within the corporate limits of said town for six months next preceding the Page 352 election, and the payment of all legal taxes required of them by said corporation. First election. Subsequent elections. Voters. Sec. IV. Be it further enacted , That said election shall be held under the superintendence of a justice of 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 shall 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 Abbeville, and have paid all taxes legally required of you by said town of Abbeville, so help you God. Conduct of elections. Oath of challenged voters. Sec. V. Be it further enacted , 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 duly declare the result of said elections, and shall issue certificates of election to persons as receive the highest number of votes polled, who shall, within ten days 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 oath, with a list of voters, shall be filed with the clerk of council, and by him preserved, and shall be entered of record on the minutes of council. Result of election. Qualification of officers. 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 pro tem 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 three 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 hold 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. Qualifications of officers. 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 Page 353 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. Sec. X. Be it further enacted , 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 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. Ordinances, by-laws, etc. Sec. XI. Be it further enacted , That the mayor of said town shall hold a police court in said town for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, the punishment to be inflicted not to exceed a fine of fifty dollars or by labor on the streets of said town or public works of said town not to exceed forty days, or confinement in the calaboose or guard-house of said town not to exceed forty 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. Salaries of mayor and council. Sec. XIII. Be it further enacted , That the mayor and council of the town of Abbeville, shall never have any power to grant any kind of license to retail or wholesale any kind of intoxicating drinks whatever, such as spirituous liquors, ale, vinous or malt liquors, beer, bitters, wine of any kind, hard or stale cider or any other kind of drink that intoxicates in the town of Abbeville. The mayor and council of said town shall have full power to prohibit the sale of the above named intoxicating drinks by any one, even druggists and physicians, in any manner or shape, in the town of Abbeville. The mayor and council shall have no power to license ten-pin alleys, billiard and pool tables or any other kind of games to play and bet at, but the mayor and council shall have full power to prohibit all such tables and betting games being established or carried on at any time in the town of Abbeville. The mayor and council shall 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. Intoxicating liquors. Licenses for billiard tables, etc. Livery stables, etc. 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 occupation, theatrical exhibitions Page 354 or other performances, exercised, performed or exhibited within the corporate limits of said town, as may be deemed proper, and to fix such licenses on circuses, menagerie shows, including all shows of domestic or wild animals. General tax. Specific taxes. 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 moved all buildings, porches, steps, fences or other 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, and all turpentine distilleries, steam saw-mills, steam grist-mills and steam gins 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 said town, or become a 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, omnibuses, 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. Obstructions and nuisances. Taverns, etc. Excavations, etc. Pumps, wells, etc. 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. Stock running at large. Sec. XVII. Be it further enacted , That all males over the age of sixteen years and under the age of fifty years, who have resided in said town ten days, shall be subject to work the streets of said town not to exceed 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 five dollars per year. The collection of said sum may be enforced by execution against the party, and said person 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, widen and straighten, or otherwise change the streets and alleys of said town, and shall have full 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 gun-powder 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. Opening, etc., of streets, etc. 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 fine not exceeding five Page 355 dollars or imprisonment not exceeding forty-eight hours for each offense. Punishment for contempt Sec. XX. Be it further enacted , That the marshal of said town, or the mayor, may arrest, without a warrant, any person whom he may see in the pe. petration 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 Georgia, town of Abbeville. I....., marshal of said town....., in the name and behalf of the mayor and councilmen of said town, charge and accuse..... with the offense (here state the offense fully) contrary to the laws of this town, the peace, good order and dignity thereof, this..... day 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 or notary public in the militia district in which the town is situated. Powers as to arrest and punishment. Accusation. Bond. Execution. 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 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 of said town, 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, 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 tried, unless the amount of the execution shall exceed one hundred dollars, then the same shall be returnable to the superior court of Wilcox county, and there tried, and in case of claim or illegality be interposed to sale of real estate, the same shall be returnable to the superior court of Wilcox county, and when there may be a claim or illegality interposed, the same rules and laws as regulate claims and illegalities in justice courts shall Page 356 obtain, if returnable to a justice, and if returnable to the superior court, the same rules and laws as regulate such matters in superior courts shall obtain, and in any case if claims or illegality to a sale be interposed, in which the same is returnable to justice courts, 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, etc., how directed and signed. Sales by marshal. Claims or 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 , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 15, 1883. TO AMEND THE ACT INCORPORATING LAWRENCEVILLE, ETC. No. 210. An Act to amend the several Acts incorporating the town of Lawrenceville, to create the offices of mayor and councilmen, and to declare and define the powers and duties of the same, and for other purposes. Section I. The General Assembly of Georgia do enact , That the municipal authorities of the town of Lawrenceville shall be a mayor and four councilmen, who together shall form a common council, but no person shall be eligible to either of said offices unless at the time of his election he resides within the corporate limits, and is at least twenty-one years old, and a freeholder. The mayor and councilmen as herein provided, and their successors in office, shall be a body politic and corporate by the name of the town of Lawrenceville, and shall have perpetual succession, and a common seal, and by that name may sue and be sued, plead and be impleaded, purchase and hold real and personal estate necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town. All the corporate powers of said corporation shall be exercised by said council or under their authority, except as otherwise provided by law. The council shall also elect a treasurer and marshal, if they deem it necessary, each of whom when elected shall enter into bond with sufficient securities approved by the mayor in such penalty as the board shall prescribe, Page 357 payable to the corporation conditioned faithfully to collect and pay over as required by the board, all taxes, fines, forfeitures, and all other incomes of said corporation, and said officers shall hold their offices during the pleasure of the council, and shall perform the duties respectively as prescribed by law, or as may be required by the council. The treasurer may be selected from among the councilmen. Municipal authority to consist of mayor and council. Persons eligible to said offices. A body corporatename of. General powers and franchises. Treasurer and marshal. Shall give bond. Conditions of bond. Tenure of office. Sec. II. Be it further enacted , The mayor and councilmen shall hold their offices for one year and until their successors are elected and qualified. Terms of mayor and councilmen. Sec. III. And be it further enacted , The first election of officers under this Act shall be on the second Monday in January, 1884, and annually thereafter, without further notice, on the second Monday in January of each year, at the court house in Lawrenceville, under such supervision, rules and regulations, not inconsistent with the laws regulating county elections, as the council may prescribe, such election to be evidenced by the certificate of the managers entered on the record of the town, and every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the oath of office, which may be done before any person authorized by law to administer oaths, or before the mayor of said town, which oath, with the certificate of the officer administering the same, shall be entered on the record of the town. First and future electionswhen held. Oath of office. Recorded. Sec. IV. And be it further enacted , That if from any cause the annual election, as hereinbefore provided, shall not be held at the time prescribed, the mayor and council, or on their failure, any justice of the peace within the town district may, at any time, on giving the inhabitants of the town at least five days' notice thereof by advertisement in some local newspaper, or by written or printed notice at three or more public places within the corporation, hold such election in all other respects as hereinbefore provided. And the persons so elected shall have the same powers and liabilities as if they had been elected at the regular period. Electionhow held when omitted at regular period. Sec. V. And be it further enacted , All persons who have been bona fide residents of said town for six months next preceding a charter election held therein, and who are qualified voters under the Constitution and laws of this State, and none others, shall be allowed to vote at any charter election in said town. Who may vote. Sec. VI. And be it further enacted , When any vacancy shall occur from any cause in the office of mayor, or in the council, the vacancy shall be filled by appointment by the council from among the citizens of the town eligible under this charter. All contested elections shall be heard and decided by the retiring council. Vacancies in officehow filled. Contested elections. Sec. VII. And be it further enacted , The council shall be presided over by the mayor, or in his absence by the mayor pro tem. or in his absence, by one of the councilmen elected by a majority of the council present; and the mayor and two members of the council, or in the absence of the mayor, three councilmen shall be necessary to form a quorum for the transaction of business. Upon the call of Page 358 the mayor or any councilman, the yeas and nays on any question shall be taken and recorded upon the minutes. The mayor in case of a tie shall have the casting vote. Mayor or mayor pro tem shall preside. A quorum. Vote by yeas and nays. Sec. VIII. And be it further enacted , The council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order, and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters, for the use of the public or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on, or over them, to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate a market, to prescribe the time of holding the same, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship, and other assemblies for literary and benevolent purposes in and about the premises where held; to abate or cause to abate anything which in the opinion of a majority of the whole council shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owner of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulation for guarding against danger or damage by fire; to provide for the forfeiture and collection of appearance bonds; to protect the health, property and person of the citizens of the town, and to preserve peace and good order therein; and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council; to fix their term of service and compensation; require and take from them bonds when deemed necessary, payable to said corporation, with such sureties and in such penalty as they may see fit, conditioned for the faithful discharge of their duties; to provide a revenue for the town and appropriate the same to its expenses; to provide for the assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers and all others existing or hereafter conferred by law. The council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines and penalties, not exceeding thirty dollars, and imprisonments in the county jail or other place of imprisonment in said incorporation for a term not exceeding thirty days, or as an alternative of failure or refusal to pay fines imposed, to require labor in a work gang for a term not exceeding thirty days. Jurisdiction over streets, alleys and side-walks. Further power of mayor and council. May establish and regulate market. Prevent animals, etc., from running at large. To abate nuisances. Regulate storing of gunpowder Burial of the dead. Drainage. Protect against fire. Appearance bonds. Protect health, preserve peace. Police force. Define duties of officers, etc. Provide for assessment of taxable property. May make by-laws, rules, etc. Impose fines, etc. May imprison. Sec. IX. And be it further enacted The mayor shall be the chief Page 359 executive officer of the town. He shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall have power to issue his warrant for the arrest, and shall try all offenders against the ordinances, orders and by-laws of said town; he shall have power to punish for contempts by fine and imprisonment; such fine not to exceed ten dollars; imprisonment not to exceed ten days for each offense. He shall have control of the police of the town, and may appoint special police officers whenever he deems it necessary; and it shall be especially 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 all riotous and disorderly persons in the town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party in default to the jail of the county of Gwinnett, or other place of imprisonment in said corporation, until the fine or penalty or cost shall be paid, but the time of imprisonment shall not exceed thirty days. In the absence or inability of the mayor on any account, the mayor pro tem. (to be appointed by the council), and in his absence or inability one of the councilmen, to be designated by the other members of the council, shall perform his duties and be vested with all his powers. Mayor chief executive officer. His duties defined. Powers of mayor pro tem in absence of mayor. Sec. X. And be it further enacted , The mayor shall receive like fees of a justice of the peace for like services, and the marshall like fees of a constable, and the treasurer shall be allowed a commission of 2 per cent. upon all sums received by him, and 2 per cent. upon all sums paid out by him. The common council may also elect a clerk (and in his absence the mayor may appoint a clerk pro tem. ), whose duty it shall be to keep in a well-bound book a fair and correct record of the proceedings of the mayor's court, and for such services he shall be entitled to have fifty cents for each case of conviction, to be taxed in the bill of costs. He shall also keep a record of the council proceedings, and for such services may be allowed such sum as the council may deem proper. The minutes must be authenticated by the signature of the mayor, or other presiding officer for the time being. Fees of mayor, marshal and other officers. Clerk may be elected etc. Duties of clerk. Fees of clerk. Minutes signed by presiding officers. Sec. XI. And be it further enacted , That this Act shall be taken and considered as cumulative of the laws of the Code of Georgia (1882), and shall take effect and be of force on or after the second Monday in January, 1884. Acthow construed. Sec. XII. 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 17, 1883. Page 360 TO AMEND THE CHARTER OF ELLAVILLE, IN SCHLEY COUNTY. No. 211. An Act to amend an Act incorporating the town of Ellaville, in Schley county, approved November 23, 1859, so that the municipal authorities of said town shall be mayor, recorder and five councilmen, and to provide for the election and succession, and to define their duties and jurisdiction; to give them power over the streets and sidewalks, markets and cemetery; to protect person and property; to provide a revenue for the town; to provide annual assessment; levy and collect taxes; to make and pass all needful ordinances, rules and regulations, not contrary to the Constitution and laws of the State, and to prescribe and impose reasonable fines and imprisonment. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the municipal authorities of the town of Ellaville shall be a mayor, recorder and five councilmen, who together shall form a common council, but no person shall be eligible to either of said offices, unless, at the time of his election, he resides within the corporation. The mayor, recorder and councilmen, shall be a body politic and corporate by the name of the town of Ellaville, and shall have perpetual succession and a common seal, and by this name sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of the town. All the corporate powers shall be exercised by said council, or under their authority. They shall elect a treasurer and marshal, each of whom, when elected, shall enter into a bond with sufficient sureties, approved by the mayor in such penalty as the board shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over, as required by the board, all taxes, fines and forfeitures and all other incomes of said corporation, and said officers shall continue in office during the pleasure of the council and perform the duties respectively as herein prescribed, or as may be required by council. Corporate powershow vested. General powers. Sec. II. Be it further enacted , That the officers shall be elected on every first Tuesday in January, and under such supervision, rules and regulations, not inconsistent with the laws regulating county elections, as the council may prescribe; and the term of all officers elected shall be for one year, or until their successors are elected and qualified; and every person elected or appointed to an office shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the oath of office before the mayor or recorder or other officer qualified to administer the oaths, which oath shall be filed with the recorder. Electionswhen and how held. Official oath. Sec. III. Be it further enacted , That the franchise shall not be forfeited by a failure to hold the election at the proper time, but Page 361 the council may, or on their failure, any justice of the peace may, at any time, on giving the inhabitants at least five days' notice thereof, by written or printed notices at three or more public places in the town, hold such election, and the persons elected at such election shall have the same powers and authorities as if elected at the regular period. Failure to hold electionhow remedied. Sec. IV. Be it further enacted , That all persons who have been bona fide resident for thirty days next preceding an election held therein, and who are qualified voters under the Constitution and laws of the State, and none others, shall be allowed to vote. Who may vote. Sec. V. Be it further enacted , That when a vacancy shall occur in the office of mayor, recorder or councilman the vacancy shall be filled by appointment by the council from among the citizens of the town eligible under this Act. All constested elections shall be heard and decided by the council. Vacancieshow filled. Contested elections. Sec. VI. Be it further enacted , That the council shall be presided over at its meetings by the mayor, or in his absence, by one of the councilmen, elected by a majority of the council present, and a majority of the council shall be necessary to constitute a quorum for the transaction of business. The council shall cause to be kept in a well bound book an accurate account of all its proceedings, by-laws, acts, orders and resolutions, which shall be fully indexed and opened to the inspection of any one who is required to pay taxes. Presiding officer. Minutes to be kept. Sec. VII. Be it further enacted , That the council shall have power to lay off, vacate, close, open, alter, curb, pave and keep in order and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters, for the use of the public or ot any of the citizens thereof, and to improve and light the same and have them kept free from obstruction on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner or occupants thereof, or of the real property next adjacent thereto; to prevent injury and annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, horses or other animals, and fowls of all kinds, from going at large; to protect places of divine worship in and about the places where held; to abate or cause to be abated anything, which in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder or other combustibles; to provide in or near the town places for burial of the dead, and to regulate interments therein; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council, fix their term of office and compensation, to require and take from them bonds, when deemed necessary, to the town council, with such sureties and in such penalties as the council may see fit, conditioned for the faithful discharge of their duties; and to provide a revenue for the town and appropriate the Page 362 same to its expenses; to provide for the annual assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers, and all others conferred by this Act or by any future Act of the Legislature of the State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of the State, and to prescribe, impose and enact reasonable fines, penalties and imprisonment in the county jail or the place of imprisonment within the corporation, with or without manual labor, for a term not exceeding thirty days, for a violation thereof. Jurisdiction over streets. Powers of mayor and council. Sec. VIII. Be it further enacted , That the council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are or may be lawfully chargeable on the town, and which ought to be paid within one year, and it shall order a levy of so much as may in its opinion be necessary to pay the same; the levy so ordered shall be upon all dogs in the town, and upon all the real and personal estate therein subject to State and county tax; provided , that the tax so levied shall not exceed fifty cents on every one hundred dollars of value thereof. Debts of corporation provided for. Sec. IX. Be it further enacted , That every male resident of the town, not under sixteen nor over fifty years of age, shall, if required by the council, work not exceeding fifteen days, by himself, or an acceptable substitute, on the roads, streets and alleys, under the direction of the superintendent of roads, streets and alleys, or may be released from such work upon the payment to the superintendent or council, of such amount as may be fixed by the council, the money so paid to be used in the improvement of said roads, streets and alleys; and if said work and money so paid in is not sufficient to put and keep the roads, streets and alleys, sidewalks, crosswalks, drains and gutters in good repair, the council shall levy a tax on all the subjects of taxation therein sufficient for that purpose, and to pay all other expenses incident thereto. Street hands. Commutation tax. May levy special street tax. Sec. X. Be it further enacted , That whenever anything for which State license is required is to be done within the town, the council may require a town license therefor, and may impose a tax thereon for the use of the town, and may also require a bond with sureties, payable to the town corporation, in such penalty it may think proper, and may revoke such license at any time if the condition of said bond be broken. License taxwhen imposed. Sec. XI. Be it further enacted , That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same is not paid within one month after they are placed in his hands for collection, the council shall issue execution therefor, and the marshal may levy and sell therefor in like manner and under the same regulations as the officers of the State are now authorized to levy and sell under other executions. Marshal's duties. Sec. XII. Be it further enacted , That there shall be a lien on all real and personal estate within the corporation for the taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owner thereof by the authorities of the town from the Page 363 time the same is so assessed or imposed, which shall have a priority over all other liens, except liens due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the council may by ordinance prescribe. Lien for taxes. Sec. XIII. Be it further enacted , That the mayor shall be the chief officer of the town, he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed. He shall have control of the police of the town, and may appoint special police officers whenever he deems it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him or he may require the immediate payment thereof, and in default of such payment he may commit the party in default to the jail of the county or other place of imprisonment, with or without manual labor, within the town until the fine, or penalty, or costs shall be paid, but the term of such imprisonment shall not exceed thirty days. In the absence of the mayor from town, or sickness, or during any vacancy in the office of mayor, any one of the councilmen, selected by the majority shall perform his duties and be invested with all his powers. Chief executivehis duties. Sec XIV. Be it further enacted , That the mayor and recorder and marshal shall each receive such compensation for their services as may be fixed by the council, which shall not be increased or diminished during their term of office. Compensation of officers. Sec. XV. Be it further enacted , That the expense of maintaining any persons committed to the county jail or other place of imprisonment by the mayor shall be paid by the town, and all costs incurred by the incorporation shall be paid by the same. Maintenance of prisoners. Sec. XVI. 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 17, 1883. TO ESTABLISH A NEW CHARTER FOR THE TOWN OF STONE MOUNTAIN. No. 213. An Act establishing a new charter for the town of Stone Mountain. 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 Stone Mountain, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal Page 364 purposes as they may deem proper, not in conflict with this charter, nor the Constitution and laws of this State nor of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded, in all the courts of this State; to have and use a common seal; to hold all property, real or personal, now belonging to said town, to the use of said town for the purposes and intents for which the same were granted or dedicated; to acquire by gift or purchase such other real and personal property as may hereafter be necessary for corporate purposes, and to use, manage, improve, sell and convey, rent, or lease any and all of said property, as may be deemed advisable for corporate interests. A municipal corporation. General powers and franchises declared. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one thousand (1,000) yards in each and every direction from the Georgia Railroad depot, in said town, that is to say, said corporate limits shall form a perfect circle around said depot, the radius of which shall be one-half mile. Limits of corporation. Sec. III. Be it further enacted , That there shall be elected at the next annual election, on the third Wednesday in April, 1884, between the hours of ten o'clock a. m. and four o'clock p. m., and annually thereafter, a mayor and six members of council. The mayor and council in all cases shall hold their offices until their successors are elected and qualified. Said election to be held as provided for election of county officers. Mayor and six councilmen elected. Term of office. Electionshow held. Sec. IV. Be it further enacted , That the mayor shall be the chief executive officer 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 elected. Before entering on 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 (or affirm) that I will, to the utmost of my ability, discharge the duties of mayor of the town of Stone Mountain, during my continuance in office, so help me God. Mayor to be chief executive. His duties and powers. Shall take oath. Sec. V. Be it further enacted , That 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 ex-officio president of board. Sec VI. Be it further enacted , That the mayor and council shall by ordinance fix the times for their regular sessions or meetings. The mayor shall have power to convene the council in extra session whenever in his judgment the exigencies of the case require it. Time for regular sessions. Extra session of council. Sec. VII. Be it further enacted , That the mayor, or in his absence, the council, or any three members thereof, shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be by ordinance prescribed, 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 ordinance, not exceeding one hundred dollars Page 365 fine, or imprisonment in the town prison, or labor on the streets or public works of said town, not exceeding thirty days for each offense, and may impose one or more of such penalties for each offense, directly or in the alternative. Mayor's courthow held. Powers and duties of the court. Sec. VIII. Be it further enacted , That the said 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 of said town, and to commit to the jail of DeKalb county or to admit to bail offenders for their appearance at the next superior court thereafter for the county of DeKalb; and it shall be the duty of the jailor of the county of DeKalb to receive all such persons so committed, and safely keep the same until discharged by due process of law. Mayor shall be a justice of the peace. Marshal shall execute all warrants. Jailor shall receive all persons committed by mayor. Sec. IX. Be it further enacted , That in the event the office of mayor shall become vacant, by death, resignation 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. Vacancy in office of mayorhow filled. Vacancies Board of councilhow filled. Sec. X. Be it further enacted , 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 exceed five hundred dollars, 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 good security, in such sum as the mayor and council shall require, not to exceed two thousand dollars, payable to the mayor and council of Stone Mountain, 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, or as marshal thereof; that the mayor and council, by a vote of two-thirds of its members, shall have power to remove the marshal of said town from office for disorderly conduct, abuse of his office, neglect of official duty, or other conduct unbecoming an officer. Said charges must be made 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. Marshalhow elected. His term of office. His salary. Shall give bond. Conditions of bond. How removed and for what. Vacancy in office of marshalhow filled. Sec. XI. Be it further enacted , That the mayor and council shall have authority to employ 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 Page 366 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. Special police to assist marshal. Sec. XII. Be it further enacted , That 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, and not changed during the term for which elected. Before entering upon the duties of his office, said clerk of council shall enter into bond, with good security, in such sum as said mayor and council shall require, not less than twenty-five hundred dollars, payable to the mayor and council of Stone Mountain, 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 councilhow elected. Compensation. His bond. Conditions of bond. Sec. XIII. Be it further enacted , 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. Mayors of council to administer oaths to witnesses Sec. XIV. Be it further enacted , 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 having jurisdiction thereof, by the mayor and council of said town. Suit on bonds of marshal and clerkhow brought. Sec. XV. Be it further enacted , That the mayor and council shall have power to levy an ad valorem tax, not to exceed one-fourth of one per cent. upon all the taxable property within the corporate limits of said town, made taxable by the laws of this State. It shall be the duty of the marshal of said town to receive the returns of all taxable property returned to him, and to make out a schedule of all property within said town, liable to taxation not returned at such time, and in such manner, and under such regulations as may be prescribed by ordinance; and it shall be the duty of the marshal to collect the tax at such time and in such manner as said mayor and council shall by ordinance prescribe. It is also made the duty of the marshal to scan the returns made, and see that the returns made, and see that the value placed on all property by said tax-payer is fair and reasonable. Should a difference arise between the marshal and any tax-payer concerning the value of property, such difference shall be settled as is prescribed in the Code of Georgia for settling such differences between the tax-payer and tax receiver of this State. Mayor and council may levy an ad valorem tax on all property. Marshal shall receive returns of taxes, etc. Shall collect the taxes Shall scan returns. Differences between marshal and tax payerhow settled. Sec. XVI Be it further enacted , That if any person shall fail or refuse to pay the tax imposed according to this Act, the clerk of council shall issue an execution, which shall be signed by the clerk and bear test in the name of the mayor. Such execution shall bind all the property which said defaulting tax-payer owned in said town, on the first day of April of the year in which it is required to be returned for taxation. Such execution shall be directed to Page 367 the marshal of said town, who shall enforce the same by levy and sale of the property subject thereto, at such time and place, and upon such notice, as the mayor and council shall by ordinance prescribe, except in case real estate is levied upon, it shall be the duty of the marshal to advertise the sale as sheriff's sales are now advertised; and it shall be the duty of said marshal to convey by bill of sale or deed the property so sold by him, and upon request to put the purchaser thereof in possession of such property. Process of enforcing payment of taxes. Sec. XVII. Be it further enacted , That the mayor and council shall have power and authority to license persons to retail spirituous liquors within the corporate limits of said town, such license not to be issued for a longer or shorter time than one year. The person or persons desiring to engage in the business of selling spirituous or malt liquors shall make written application for license so to do (which application shall state the character of the business), at what point or place it is to be carried on, and who, if any one besides the applicant or applicants, are interested in it; and upon considering such application the mayor and council may grant or refuse such application; and no person or persons shall sell by retail, by the quart, or in quantities less than ten gallons, any spirituous, beer or malt liquors within such corporation without first obtaining such license, for which he or they shall pay a sum not less than eight hundred dollars. That no such license shall issue until the whole amount due shall be paid into the town treasury, or an agreement satisfactory to the mayor and council, be made to pay the amount of such license tax in installments; one-fourth of said amount, at least, to be paid quarterly in advance, and the remainder, secured, to be paid in the same manner. The mayor and council may exact bond in each case in such amount not less than one thousand dollars, and upon such conditions, and with such securities as they may deem proper, from any and all persons to whom they may grant such license; and shall require any and all such persons to subscribe and file the oath or oaths required by the laws of the State of persons who vend or sell spirituous liquors by retail or by the quart, may direct at what time of night, not earlier than ten o'clock, such person or persons shall close their business houses, and require the same to be kept closed until the following day not later than five o'clock a. m.; and after notice to such person or persons may forfeit said license or licenses for the non-payment of the license tax as herein provided for the violation of the criminal laws of the State in the vending of spirituous liquors for the violation of any ordinance enacted by the mayor and council, regulating the sale of spirituous liquors, beer or other malt liquors authorized by this Act, in addition to such penalties as may be imposed by said mayor and council for the violation of such ordinances and to be limited by the seventh section of this Act. Licenses granted in accordance with this section shall not be transferable, nor shall the place of doing business under any such license be changed without the consent of the mayor and council first obtained. Mayor and council may license retailers of spirituous liquors. Amount of license tax. How paid. May require bond of retailer. Retailer must make oath, etc. Licenses not transferrable. Sec. XVIII. Be it further enacted , That the mayor and council shall have authority, in addition to the ad valorem tax hereinbefore Page 368 provided for, to levy a tax on all billiard-tables, ten-pin alleys, nine-pin alleys, and tables and alleys of any other kind, used for the purpose of playing on with balls or pins, and on any or all contrivances of every sort used for the purpose of gaming for the public, not less than the sum of twenty-five nor more than fifty dollars for each year on each of said tables, alleys or games; said tax to be paid at such time and in such manner as the mayor and council shall, by ordinance, prescribe. Further power of taxation. Sec. XIX. Be it further enacted , That all persons residing in the corporate limits 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 , 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, by ordinance, may require, the person failing shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof, such defaulter shall be liable to be dealt with by the mayor and council as for violations of other ordinances of said town, as is provided in section seven of this Act. Sec. XX. Be it further enacted , That said mayor and council shall have power and authority to prescribe by ordinance, for the imprisonment of any and all persons apprehended within the corporate limits of said town for the violation of such ordinances as they may pass or ordain for the preservation of the good order, morals or health of the inhabitants of said town, or violation of the criminal laws of said State, until said person can be tried before the proper authorities of said town; provided , that the person so arrested shall not be held or kept in custody exceeding twenty-four hours, not counting the Sabbath, without a hearing, except on his own motion. They shall also have power and authority to recognize any and all persons arrested for the violation of the ordinances of said town, to appear before the mayor's court, to be tried therefor, and to abide the judgment of said court, and which bonds shall be valid and binding on the principal and security or sureties thereof, and in case of breach thereof, may be recovered upon by said mayor and council in any court having jurisdiction thereof. Violators of ordinances punished by imprisonment. Appearance bonds. Sec. XXI. Be it further enacted , That the mayor and council shall have power and authority to abate and suppress nuisances, as is provided by law, within the corporate limits of said town. May abate nuisances. Sec. XXII. Be it further enacted , That the mayor and council shall have full power to prohibit horses, cattle, hogs, and other animals from 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 Page 369 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 council chamber 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 owner is unknown or is a non-resident 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 nor longer than five days, as may be by ordinance prescribed, shall be sold at public outcry by the marshal of said town, before the council chamber in 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 animal, 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 maintaining such while in pound, and for selling same, in case of sale, which fees, 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 disposition 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. May prohibit animals from running at large. Impounding. Advertisement and sale of. Proceedshow disposed of. Fees of marshal for impounding, selling, etc. Record of animals impounded, etc. Sec. XXIII. Be it further enacted , That the mayor and council of said town shall have full power and authority to care for and make all necessary repairs to the cemetery of said town, to enlarge the same by purchase, when in their opinion it shall be necessary or proper, 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 lot or lots in said cemetery for burial purposes; which said lot or lots when so deeded shall be come the property of said purchaser. 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. Repairs to cemetery. Enlargement of cemetery. Burial of the dead. Sale and title of lots in cemetery. Sextonhow employed. Sec. XXIV. Be it further enacted , That the mayor and council shall have authority and power to appropriate such sum or sums of money for the repairing and improvement of the public academy or academies 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. May improve and repair academies. Sec. XXV. Be it further enacted , That the mayor and council in office in said town are hereby clothed with all the rights, powers and privileges, during their continuance in office, that by the terms of this Act are conferred on their successors, as provided herein Page 370 They shall have full power and authority to pass all needful ordinances, resolutions and by-laws for the successful carrying into effect this Act. Powers conferred on present incumbents of town officers. Sec. XXVI. Be it further enacted , That any and all laws and parts of laws, inconsistent with the provisions of this Act, including the Act heretofore incorporating said town and the several Acts amendatory thereof, be, and the same are hereby repealed. Approved September 18, 1883. TO ESTABLISH A NEW CHARTER FOR THE TOWN OF JACKSON, IN BUTTS COUNTY, GA. No. 215. An Act establishing a new charter for the town of Jackson, Butts County, Georgia. Section I. Be it enacted by the Senate and the House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That the inhabitants of the territory hereinafter designated, are hereby continued corporate by the name and style of the town of Jackson, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this charter nor the Constitution and laws of this State, nor of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded, in all the courts of this State, and all other Acts relating to its corporate capacity; and shall be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said town of Jackson in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of whatever kind or nature soever, within the limits or without the limits of said town for corporate purposes; to hold all property and effects now belonging to said town, either in her name, or the name of others, to the use of said town, for the purposes and intents for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease; and have the like powers over property hereinafter acquired, and to have and use a common seal. Corporate powers granted. Sec. II. That the present incorporate limits of said town be extended in the following manner to-wit: That the north line running east and west be continued in a due western direction to a point where it intersects the district line on the west of said town, known as the line between the 615 and 612 districts Georgia Militia, Butts county, thence at right angles along down said district line in due southern direction fifteen chains south of the present incorporate line on the southern side of said town, thence at right angles due east sixty-two chains and five links, thence at right angles due north to a point where it intersects the present southern Page 371 line, and embracing all the territory in said metes and bounds inclusive. Corporate limits extended. Sec. III. There shall be elected at the next annual election, and biennially thereafter, a mayor, who shall hold his office for two years. 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, removal or otherwise, the mayor pro tem. , or in case his seat is vacant, a majority of the council, shall order a new election by giving at least ten days' notice in any one or more papers, or at two or more of the most public places in said town. And said election so held shall be managed in the same manner as the elections to be held in chief, according to the provisions of this charter; provided, however , if the office of mayor shall become vacant at any time within three 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. Mayor-election of. Mayor pro tem. Sec. IV. He shall be the chief executive of said town; he shall see that all the laws and ordinances of the town are faithfully executed; shall examine and audit all accounts against the town before payment; shall have a salary adequate, to be fixed by the council preceding his election, which shall not be changed during his term of office; he shall have power to convene the council in extra session whenever in his judgment the exigencies of the case require it. Chief executivepowers and duties. Sec. V. 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 ordinance, a mayor's court for said town for the trial of offenders against the ordinances of said town, and impose such penalties for violations thereof as may be prescribed by ordinance, not exceeding one hundred dollars and imprisonment or labor on public works for thirty days, for each offense. The like authority may be conferred on any three members of the council by ordinance. Powers continued Sec. VI. The said 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 any policeman, and to commit to the jail of the county of Butts, or to admit to bail offenders for their appearance at the next superior court thereafter for the county of Butts; and it shall be the duty of the jailor of the county of Butts to receive all such persons so committed, and safely keep the same until discharged by due course of law. Ex-officio a justice of the peace. Powers as such. Sec. VII. He shall have no vote except in case of a tie; he shall have the revision of all ordinances, orders and resolutions passed by the council, when such order, ordinance or resolution directs, contemplates or authorizes the payment of any sum over one hundred dollars by the town, or liability for the same; and the said mayor shall have four days after the meeting at which the council voted therein in which to file with the clerk, in writing, his dissent; but the council may, in the manner prescribed by this charter for voting Page 372 on such questions, pass the said order, ordinance or resolution, notwithstanding the veto, by vote of two thirds, to be taken by yeas and nays, and entered on the minutes. In the absence of the mayor this power may be exercised by the presiding officer for the time being; provided , that such veto power shall not be used to prevent the will of the town, as the same may be expressed at any election for any particular purpose, from being carried out. Casting vote. Veto power. Sec. VIII. 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 judge of county court, or ordinary 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 Jackson, during my continuance in office, so help me God. Oath of mayor. Sec. IX. The legislative department of said town shall be vested in the mayor and board of councilmen. The mayor and board of councilmen shall be styled the mayor and council. Legislative department. Sec. X. The town shall be laid off into four wards by the present council; said wards are to be as nearly square as practicable, considering population and territory. One councilman shall be elected from each ward at the next annual election, by voters qualified to vote for members of the General Assembly, each to be elected for one year; the mayor to be elected from the town at large. Wards. One councilman or each. Voters. Sec. XI. No resolution or by-law, having for its object the increase of the indebtedness of the town, of the expenditures of its revenues and moneys, shall become a law and binding until the same shall have received a vote of a majority of the council. When any such vote or resolution, ordinance or by-law is passed, any councilman may give notice of a motion to reconsider, and such notice shall operate to delay the question until said reconsideration can be acted on at the next regular meeting of the council; each member shall have the right to call for the yeas and nays, which shall be recorded on the minutes. The mayor or presiding officer shall have no vote except in case of a tie. Three shall constitute a quorum of council for the transaction of business, provided the mayor or mayor pro tem. constitute one of the number, and in all cases a less number may adjourn from time to time and compel the attendance of absentees. Debtshow incurred. A quorum. Sec. XII. That the mayor and council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work-houses, public houses, wagons, carriages, carts, drays, pumps, wells, fire-engines, care of the poor, suppression of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct, and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and every other by-law, regulation and ordinance that may seem to them proper for the security of the peace, health, order and good government of said town. General powers. Sec. XIII. The said mayor and council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said town, and to punish offenders by fines not to exceed one hundred dollars, and imprisonment Page 373 in the calaboose or building used for that purpose not exceeding thirty days for each offense; to enforce the payment of fines by compelling offenders and those who refuse or fail to pay said fines to work on the streets or public works of said town. They shall have power to compel offenders sentenced to imprisonment in the calaboose as aforesaid to labor on the public works or streets, to be regulated by ordinance. Penalties for violation of ordinances. Sec XIV. The mayor and each councilman shall be, to all intents and purposes, a justice of the peace, so far as to enable them, or any one or either of them, to issue warrants for offenses committed within the corporate limits of said town, which warrants shall be directed to the marshal and police and by them executed, and to commit to jail in the county of Butts or to admit to bail offenders ( provided , the offense is bailable) for their appearance before the next superior court thereafter for the county of Butts; and it shall be the duty of the jailor of said county to receive all such persons so committed, and safely keep the same until discharged by due course of law. Ex-officio a justice of the peacepowers of. Sec. XV. Each member of the council shall, in all cases, hold his office until his successor is elected and qualified. In case a vacancy shall occur in the council, by death, resignation, removal or otherwise, the mayor (in case his seat is vacated, the mayor pro tem. or a majority of the council) shall order a new election by giving at least ten days' notice in one or more of the town papers, or at two or more of the most public places in said town, and said election so held shall be managed in the same manner as the elections held in chief, according to the provisions of this charter on the subject of elections. Terms of officevacancies. Sec XVI. That on the first Wednesday in January, 1884, and annually thereafter, there shall be held, at the court-house in said town, an election for mayor and four councilmen, under the supervision of three freeholders, residents of said town, who shall take the usual oath prescribed for managers of elections for State and county purposes; that said election managers shall make return to the mayor and council of said election, and the persons so elected at such election shall be sworn in by the mayor of outgoing council; that persons resident of said town, and who are entitled by law to vote for members of Legislature, and who have been resident aforesaid for the space of thirty days, shall be deemed qualified voters for mayor and council aforesaid. Electionstime and peace of. Sec. XVII. That when said new council shall have been installed, at their first regular meeting, they shall proceed to elect a marshal and clerk and treasurer; said election to be determined by ballot, and the person receiving the highest number of votes shall be deemed elected to each of said offices respectively; that no person shall be eligible to either of said offices respectively; that no person shall be eligible to either of said offices except he be a resident of said town, and possessing the same qualifications of voters as before specified. Marshal, clerk and treasurer. Who eligible. Sec XVIII. For the purpose of raising revenues for the support and maintenance of said town government, the said mayor and council shall have full power and authority, and they shall provide Page 374 by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town, not exceeding one-half of one per cent. thereon; provided , nevertheless, that all assessments of real property shall be made at the cash market valuation. Levy and collection of taxes. Sec. XIX. The said mayor and council 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, prosecute or carry on any trade, business, calling or avocation within the corporate limits of said town, to register their names and business, calling, vocation or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not exceeding twenty-five dollars per annum; this restriction not to apply to the business of selling spirituous or intoxicating liquors, and not to apply to manufacturing industries, all manufacturing industries being by this Act exempt from tax for the next ten years. License tax. Sec. XX. They shall have full power and authority to regulate the retail of ardent spirits within the corporate limits of said town, and at their discretion to issue license to retail, or to withhold the same, and to fix the price to be paid for license at any sum they may think proper. Retailing spirits. Sec. XXI. The said mayor and council shall have power to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions; provided , the price to be paid for such license, when granted, shall not exceed one hundred dollars for each performance or exhibition. Exhibitions, etc. Sec. XXII. The said mayor and council shall have full power and authority to prohibit the selling of lager beer, or other fermented drinks, without the obtaining of a license for that purpose; provided , said mayor and council shall fix such sum for such license as in their discretion they may deem proper. They shall have full power and authority to license billiard tables and ten-pin alleys and all billiard tables kept or used for the purpose of playing, gaming, or renting, 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 or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley or track. Lager beer. Billiard tables, etc. Sec. XXIII. The said mayor and council shall have full power and authority to assess a tax on such persons carrying on the brokerage business in said city, of not more than three hundred dollars per annum, in addition to all other tax they may be required to pay. They shall have power to license pawnbrokers within their respective jurisdiction, define by ordinance their powers and privileges, to impose taxes upon them, to revoke their license, and generally to exercise such superintendence over pawnbrokers as will insure fair dealing between them and their customers. Brokers. Page 375 Sec. XXIV. Be it further enacted , That the said mayor and council 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 to them may seem proper; provided , that no person or persons shall be prohibited from selling, free from tax, any number of books, maps, charts or mathematical instruments made in this State or elsewhere, within the said town. Itinerant traders. Sec. XXV. Be it further enacted , That the annual expenses of the town of Jackson be so restricted as not to exceed the annual income of the town. Expenses restricted. Sec. XXVI Be it further enacted , That the mayor and council shall make, or cause to be made, an early assessment on town property, which assessment shall in all cases be made at the cash market valuation of the same, so that the returns of the assessors can be completed and handed in by the first day of April of each year, and after all other returns for taxation shall be made, which in all cases shall be made by the first day of May of each year. Upon the return of the assessors being handed in as above provided, the said mayor and council shall by the tenth day of May thereafter cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the town for the fiscal year, ascertained by the assessment of a tax not exceeding one-half per centum on the taxable property in the town, and a reasonable estimate of the other taxes and sources of revenue, and shall apportion and set apart the same as follows: 1st. Reduction of any debt. 2d. Street force. 3d. Police. 4th. Salaries. 5th. Contingent Funds; which several sums taken in the aggregate shall not exceed the amount of income from all sources for the year in question. The annual appropriations, as made by the council, may be varied as to the amount distributed to the several heads, at the first meetings held in August and November. These variations not to retroact on expired quarters, and not to enlarge in any manner the aggregate appropriations for the year. And no money shall be drawn from the town treasury except by order of the mayor approved by the finance committee, which order shall specify the fund from which it is drawn, and unless it so specifies the fund from which it is to be drawn it shall be void, and the said mayor and finance committee shall be liable to the town for the refunding of any amounts drawn upon such orders, to be recovered in an action brought in any of the courts of this State having jurisdiction thereof, in the name of the clerk and treasurer for the use of the town and twelve and one-half per cent of the recovery shall be his compensation, and if he fail to bring said action within thirty days, the said sums may be recovered of him and his bondsmen at the suit of any citizen, and no action brought under this section or right of action shall be settled without the consent of the judge before whom such suit is pending upon exhibition of all the facts, and such consent entered on the minutes Assessment of town property. Moneyshow drawn from treasury. Sec. XXVII. Be it further enacted , That for the purpose of enabling members of the council to know at all times the true financial condition Page 376 of the town, the clerk shall prepare and read, and enter upon the minutes at each regular session, a balance sheet showing the gross revenue of the fiscal year, and expenses voted by council and disbursed as before provided, up to that time; also the amount of the said several sums estimated as aforesaid and what part of the same has been up to that time appropriated, and what part remains unappropriated. Clerk to furnish financial balance sheet, etc. Sec. XXVIII. Be it further enacted , That the treasurer of the town, at the close of each fiscal year, shall make a full tabular statement of the assets and resources of the town, with an itemized estimate of the probable and necessary expenses for the ensuing year, which shall be published, and no greater amount of revenue shall be raised the ensuing year than the amount of said estimate, together with salaries of officers, unless in cases of emergency, to be judged by council. Treasurer to make annual report. Section XXIX. If an additional fund is required by said corporation for internal improvements or other purposes not herein provided for, or if the amount realized by the levy of said one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said town, an additional tax may be levied for such purposes when the same shall be authorized by a vote of two-thirds of the legal voters of said town who shall vote at an election to be held for that purpose, said election to be held under such rules and regulations as may be fixed by ordinance. Additional taxwhen levied. Sec. XXX. The mayor and council shall have full power and authority to open, lay out, to widen, straighten or otherwise change streets, alleys and squares in the said town of Jackson. Whenever the said mayor and council shall exercise the power above delegated, they shall appoint one freeholder, and the owners of said lots fronting on side streets or alleys shall, on five days' notice, appoint one freeholder who shall proceed to assess the damages sustained, taking into consideration the 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 third 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 Butts county within ten days from the rendition of said award. Jurisdiction over streets, etc. Damageshow assessed. Oath of assessors. Right of appeal. Sec. XXXI. The said mayor and council shall have full power and authority to establish and fix such a system of grading and draining of the streets of said town as they may deem proper. They shall have full power and authority to order such pavements or sidewalks laid down as they may deem proper; upon failure of any person to comply with the same within the time prescribed, the said mayor and council may have the same done, and levy and collect the expenses thereof by execution against the lands and goods and chattels of the owner of the lot or lots. Grading and draining. Sec. XXXII. All persons liable to perform road duty under the road laws of the State of Georgia, and residents of said town, shall be liable and subject to work on the streets of said town under the Page 377 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 shall, 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, or may be compelled to work on the public works of said town. Subject to street duty. Street tax. Defaulters. Sec. XXXIII. The police force shall consist of a marshal, elected as before prescribed, and such other men as the mayor and council shall prescribe. They shall take an oath faithfully and impartially to discharge the duties imposed on them by law and the town ordinances, and shall give such bond as may be required of them by town ordinance. Their several terms of office shall commence on the day of their election and continue one year. Marshal and police. Oath of police. Term of office. Sec. XXXIV. The compensation of the marshal and such other officers as may be elected shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay or allowance or cost shall be made to them or either of them. It shall be their duty to make arrests in the manner prescribed by law, of persons violating any penal law of this State. They shall perform such other duty as shall be imposed by law of the State, or ordinance of the town council. It shall be the duty of the marshal to prosecute offenders before the superior court of Butts county, or the county court of said county. For a failure to perform any duty required by law, he or they may be suspended or removed from office by the mayor and council. The mode of preferring accusation against him or them shall be prescribed by town ordinance. The marshal and police shall be so uniformed and armed as to be readily recognized by the public as a peace officer. Said arms to be furnished by the town, and to remain the property of the town. Compensation of marshal, etc. Duties of. Uniformed and armed. Sec. XXXV. The mayor and council shall have full power and authority to elect, at the same time the other city officers are elected, three persons, freeholders, residents of said town, as city assessors, who shall hold their office for one year, unless removed by the mayor and council for cause to be judged of by them. It shall be the duty of said assessors to assess the value of all real estate, at the cash market valuation, within the corporate limits of said town; shall make a return to the said mayor and council, and the said mayor and council shall place such assessment so returned in the hands of the clerk and treasurer, who shall enter the same in his book with other taxes and the same shall be collected as other taxes of the town. City assessors. Duties of. Sec. XXXVI. The said assessors, before they enter on the discharge of their duties, shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessment to the mayor and council thereof, with the names of the owners thereof, Page 378 and shall receive for their services such sums each as the mayor and council shall order. Oath of assessors. Pay of assessors. Sec. XXXVII. The mayor and council shall have full power and authority to elect, at the same time the other city officers are elected, a tax receiver and collector for said town, who shall be elected and hold his office for one year, unless removed for cause, to be judged of by the mayor and council; he shall give bond and good security, to be fixed and judged by said mayor and council, payable to the town of Jackson, for the faithful performance of his duties. He shall receive for his services such compensation as the mayor and council shall prescribe, which shall not be increased or diminished during his term of office. His duties shall be prescribed by ordinance. Tax receiver and collector. Bond of. Pay of. Sec. XXXVIII. All warrants, summons, precepts, executions or other process issued by the clerk or any officer of said town of Jackson shall be directed to the marshal of the town of Jackson. Writs, etc., how directed. Sec. XXXIX. The mayor and council of said town shall have full power and authority to compel the attendance of parties and witnesses at the mayor's courts and the meeting of said council, and for this purpose said mayor and council shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect such bonds in the same manner as such bonds are now forfeited in the superior courts of this State. Attendance of parties and witnesses. Sec. XL. The said mayor and council shall have power and authority to establish a fee bill for the officers of said town not higher than the fees allowed the county officers, nor lower than those allowed to justices of the peace and constables of said State. Fee bill. Sec. XLI. The said mayor and council shall have power and authority to establish and define the fire limits of said town, and from time to time, in their discretion, to extend or enlarge the same, within which fire limits so established, and to be established, it shall not be lawful for any one to erect other than fire-proof buildings, or structures of any kind other than fire-proof; and should any one erect or cause to be erected within such limits so established any such buildings or structures, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures; the said expenses to be collected by executions issued by the clerk of council; and said mayor and council shall have power to determine what buildings or structures are or are not fire-proof. Fire limits. Sec. XLII. That the mayor and council of said town shall have power and authority to provide for the registration of voters prior to any municipal election in said town; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered as aforesaid. Registration. Sec. XLIII. The mayor and council of said town shall have the sole right to try all impeachments. When sitting for that purpose they shall be under oath or affirmation. When the mayor is tried Page 379 the council shall select one of their number to preside, and no person shall be convicted without the concurrence of all the members present Judgment, in case of impeachment, shall not extend further than removal from office and disqualification to hold any office of trust, honor or profit under this charter; but the party convicted shall, nevertheless, be liable and subject to indictment trial and punishment according to law. Impeachmentshow tried. Sec. XLIV. Whenever any personal property has been levied on in the town of Jackson, if of a character to render its removal to the place of holding marshals' sales (which place shall hereinafter be fixed by ordinance) of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said town, at public outcry within the hours now provided by law, and after having given the notice required by law; provided , the owner thereof gives his consent. Personal propertywhere sold. Sec. XLV. It shall be the duty of the mayor and council now in office in said town to fix the salaries or compensations for the officers first to be elected for said town under this charter. Officers' salariesby whom fixed. Sec. XLVI. The mayor and council are hereby authorized to make proper arrangements for and work upon the streets and public works of said town, or to farm out, all persons sentenced to imprisonment for a violation of the ordinances of said town. May work convicts on streets or farm out. Sec. XLVII. 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 18, 1883. TO CONSOLIDATE, AMEND AND CODIFY THE VARIOUS ACTS INCORPORATING THE TOWN OF McDONOUGH, IN HENRY COUNTY. No. 216. An Act to consolidate, amend and codify the various Acts incorporating the town of McDonough in the county of Henry, and the various Acts amendatory thereof, and to define the powers and duties of the mayor and council and other officers of said town. Section I. Be it enacted by the General Assembly of the State of Georgia , That the corporate limits of the town of McDonough, in the county of Henry, shall extend one mile in every direction from the court-house. Corporate limits defined. Sec. II. Be it further enacted by the authority aforesaid , That the municipal government of said town of McDonough shall be vested in a mayor and six aldermen, to be elected as hereinafter prescribed; that they and their successors in office are hereby constituted a body corporate under the name and style of the mayor and council of the town of McDonough; that they shall have perpetual succession and by said name, may sue and be sued; may have and use a common seal; purchase, take, hold and possess to themselves and Page 380 their successors in office for the use and benefit of said town, real and personal property; exchange or sell the same when and in such manner as they may deem best for said town, and to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. Governmenthow vested. Corporate name. Usual corporate powers. Sec. III. Be it further enacted by the authority aforesaid , That on the second Wednesday in January next and annually thereafter on the same day, there shall be an election for mayor and six aldermen of said town and installed one month thereafter, at which election all male citizens of said town who shall have resided within the corporate limits of said town thirty days before the day of the election, and who may be entitled to vote for members of the General Assembly of this State, and who shall have worked upon the streets of said town the number of days they have been required to during the year in which such election may be held, or paid commutation tax in lieu thereof, according to the laws and ordinances of said town, and all town tax due, shall be entitled to vote at such election and all persons entitled to vote at such election and eligible to office, according to the Constitution and laws of this State, shall be eligible to hold any office of the said town. At any such election any justice of the peace and two freeholders, or in the absence of a justice any three freeholders resident in said town and who are not candidates, may act as managers and shall conduct such election as nearly as practicable in accordance with the election laws of this State. Such managers shall give certificates of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of council and shall be held to be the highest evidence of the election of such officers. Any person who shall vote more than once at such election, or contrary to the provisions of this section, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than fifty nor more than two hundred dollars, or by imprisonment in the common jail of the county not exceeding six months. Election for mayor, etc. Eligible. Managers. Certificates of election. Illegal voting. Sec. IV. Be it further enacted by the authority aforesaid , That in the event of a vacancy in the office of mayor or alderman from any cause, the remaining aldermen shall order an election to fill such vacancy for the unexpired term, and notice of such election shall be advertised in two or more public places in said town or in a newspaper published therein, at least ten days before such election, which election shall be conducted as provided for in section three of this Act. Vacancyhow filled. Sec. V. Be it further enacted by the authority aforesaid , That before entering upon the duties of the aforesaid offices the persons elected thereto shall take and subscribe the following oath: I do solemnly swear that I will to the best of my ability discharge the duties of mayor or alderman, as the case may be, of the town of McDonough, during my continuance in office, so help me God. Any person authorized by law or the acting mayor of said town, may administer said oath. The mayor and aldermen and other officers provided for in this Act, shall hold their offices for one year from the second Page 381 Wednesday in January succeeding their elections and until their successors are elected and qualified; provided nevertheless , that the officers elected by said mayor and aldermen shall be liable to removal by a majority vote of the council (composed of mayor and aldermen), for neglect of duty or malfeasance in office. Official oath. Term of office. Sec. VI. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power to open new streets, lanes and alleys, change, widen or extend streets, lanes and alleys already opened within the corporate limits of said town, and to determine how the same shall be done, or to pass ordinance prescribing the mode of so doing; that the damages, if any, sustained by the owner or owners of land or other property by reason of the opening, changing widening or extension of such streets, lanes or alleys, shall be ascertained and assessed by three appraisers, one of whom shall be appointed by said owner or owners, one by the mayor of said town, and the other by the clerk of the superior court of the county of Henry, or in case there shall be no clerk or he shall fail or refuse to appoint, then by the ordinary of said county, whose award or that of a majority of them shall be reduced to writing and returned to the clerk of the superior court of said county by said appraisers they or any one of them having previous to such return served copies of said award on all parties at interest in the manner prescribed by law for the service of common law writs in said superior court; and in case either party shall be dissatisfied with said award, he, she or they may within ten days after its return to the clerk, 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 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 an execution. If an appeal is taken, the party losing the case from the standpoint of the award shall pay the costs of such appeal. The appraisers aforesaid shall in all cases, in making up their award, consider the benefits from the opening, changing, widening, or extension of such streets, lanes and alleys, accruing to the owner or owners of such land or other property, and set off such benefits against such damages; but in no event giving an award against such owner or owners for the excess of benefits over damages; that the opening, widening, or extension of such streets lanes and alleys, by the mayor and council of said town shall not be interfered with by any court or process of any court pending the action of such appraisers, or pending the appeal from their award. Street jurisdiction. Damages assessed. Appeals from award. Costsby whom paid. Sec. VII. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power to provide such public build ings as may be necessary, and for the benefit of said town; to pass ordinances regulating the management of market houses, private and public transportation through the town, bar rooms and saloons licensed by them, public wells and pumps; to abate nuisances, public or private, suppress all disorderly conduct, disorderly houses, and houses of ill fame within said corporate limits, to prevent loud and boisterous conversation, quarreling, profanity and obscene language upon the streets, or other public places in the Page 382 town; to provide for paupers living in and to prevent paupers from being imposed on the town. Said mayor and aldermen shall have power to enact appropriate ordinances for the accomplishment of all the purposes hereinbefore enumerated and for the punishment of offenders in relation to any of the matter aforesaid, and all ordinances they may deem necessary for preserving the peace, health and good order and good government of the town, and to enforce all ordinances by them adopted not inconsistent with the laws of this State, and to punish any person or persons who shall violate any such ordinances by fine not to exceed fifty dollars or imprisonment, not to exceed twenty days, or work upon the public streets, not to exceed twenty days, any one or all in the discretion of the council, and it shall be the duty of the marshal and his deputies, whenever it shall come to the knowledge of either or any of them that any such ordinances have been violated, to arrest the person or persons whom they have reason to believe guilty of such violation, and as soon as convenient after such arrest to bring such person or persons before the mayor, and in his absence the mayor pro tem. , and in the absence of both before a majority of the council who, when hearing the evidence concerning such violation, shall determine whether or not the person or persons so brought before him or them be guilty of such violation, and if found guilty the mayor or mayor pro tem. , or a majority of the council as the case may be, shall adjudge what punishment shall be inflicted upon such guilty person or persons, and the marshal or his deputies shall execute such judgment. If it be not convenient for the marshal or his deputies to bring any person or persons by him or them arrested immediately before the mayor or mayor pro tem. or a majority of the council, he, or they may temporarily imprison such person or persons so arrested until he or they can conveniently bring such person or persons so arrested before the mayor or mayor pro tem. or a majority of the council; provided , such imprisonment shall not exceed twenty-four hours; and in the event that such person or persons shall be dissatisfied with the judgment of the mayor, or in his absence of the mayor pro tem. , he, or they shall have the right of appeal to the council at their next regular meeting upon giving bond and security for their appearance before said council, to abide by the final decision of said council, and the said council, after hearing all the evidence submitted, shall have power to affirm or reverse the decision of the mayor or mayor pro tem. , and the mayor, or in his absence, the mayor pro tem. , or in the absence of both, a majority of the council, shall have full power to compel the attendance of witnesses under the same rules and regulations as is required for the attendance of witnesses at a justice's court. May provide public buildings. Nuisances. Power of mayor, etc. May try offenders and punish same. Appeal to council allowed. Sec. VIII. Be it further enacted by the authority aforesaid , That for the transaction of all business, except as otherwise provided in this Act, the mayor and three aldermen shall constitute a quorum, and the vote of four aldermen, or of three aldermen with the concurrence of the mayor, shall decide any question which may come before the board. Quorum. Sec. IX. Be it further enacted by the authority aforesaid , That Page 383 the mayor and aldermen of said town shall have authority to call out, or provide for calling out, each and every male person subject to road duty under the laws of this State, who resides within the corporate limits of said town, who shall be compelled to work upon the streets or sidewalks of said town for the number of days in each year as are now fixed by the road laws of this State, and when any person, liable to such street or road duty, shall have been notified by the marshal or his deputy, either in writing or orally, one day prior to the day of working, to work on said streets, and shall in any way make default, by failing to appear at the time and place specified in said notification, or to work as required by the present road laws of the State, or in any other manner shall make default in relation thereto, such party shall be notified to appear before the mayor and aldermen to show cause why he should not be fined for said default; and at the time appointed the mayor and aldermen shall try said defaulter, and if found guilty of said default, they may impose a fine upon such defaulter to the same extent that the road commissioners of this State may fine defaulters under the present road laws of this State; and if the fine or fines imposed are not paid within such time as may be fixed by said mayor and aldermen, such defaulter may be, by the order of said mayor and aldermen, imprisoned in the common jail of the county not exceeding two days for each dollar of the fine imposed. Said mayor and aldermen shall have power to fix, by ordinance, a commutation tax or sum of money which, when paid by any person liable to street duty, shall exempt him from any other road or street duty for the year for which it is paid; but no person shall have the right to relieve himself from the penalty of default as aforesaid, by paying or offering to pay such commutation tax, without the consent of the mayor and aldermen. Working streets. Notice to hands. Defaultershow dealt with. Commutation tax. Sec. X. Be it further enacted by the authority aforesaid , That the mayor and aldermen shall elect annually, at the first regular meeting of council in February, a mayor pro tem. , a marshal, a clerk, a treasurer and street commissioner, and three assessors, all of said officers to hold their offices under the rules and regulations of the council of said town; and the mayor and aldermen may also appoint special policemen to serve when, in their judgment, such appointment may be necessary, to be discharged when the emergency has passed, and to be compensated as the mayor and council may determine; and while such appointees are on duty they shall have the same authority in preserving order, and be charged with the same duties and entitled to the same protection, as the marshal. Marshal, clerk, etc.,how elected. Special police. Sec. XI. Be it further enacted by the authority aforesaid , That the salaries of all the officers of the town of McDonough shall be fixed by the mayor and council at the first regular meeting in December each year previous to the election of mayor and aldermen on the second Wednesday in January, and shall not be changeable during the term of the succeeding council. Official salaries. Sec. XII. Be it further enacted by the authority aforesaid , That the mayor and aldermen shall have power to levy an ad valorem tax not to exceed one per cent. upon all the taxable property within the corporate limits of the town, made taxable by the laws of this State, Page 384 except land used for agricultural purposes which shall not be subject to any town tax whatever. The valuation of property subjec to taxation shall be assessed by three assessors, who shall be elected by the mayor and aldermen at the same time that other officers of the corporation are elected, and shall receive a regular salary, to be fixed at the same time and under the same restrictions as the salaries of other officers of the town, and the said assessors shall have the power to adopt as their appraisement the valuation placed on property by parties in making returns to the receiver of tax returns of the county, or require the tax-payer to make returns to them under oath of all his taxable property. Should a difference arise between the assessors and tax-payer, concerning the value of property given in, the assessors shall have the power to assess the same at their valuation; but any tax-payer who may be dissatisfied with the assessment of his or her property, shall have the right of appeal to the council under such rules and regulations as they may prescribe. Taxing power over property. Assessors. Owners may appeal from award of assessors. Sec. XIII. Be it further enacted by the authority aforesaid , That if any person shall fail or refuse to pay the tax imposed by this Act or the ordinances enacted in accordance therewith, either ad valorem or special, the clerk of said town shall issue an execution which shall be signed by him and bear test in the name of the mayor. Said execution shall bind all the property which said defaulting tax-payer owned in said town on the day that his property is bound for State and county taxes in the year in which it is returned for taxation. Such execution shall be directed to and enforced by the marshal of said town, and in case real estate is levied upon, it shall be the duty of the marshal to advertise the sale of the same as sheriff's sales are now advertised, and the said clerk shall be entitled to fifty cents for each fi. fa. so issued, and the marshal to the same fees as by law bailiffs of this State are entitled to for levies, and the same commissions for selling as are received by sheriffs of this State. Defaulting tax payers. Duty of marshal. Sec. XIV. Be it further enacted by the authority aforesaid , That the mayor and council of the town of McDonough be and they are hereby vested with full and exclusive power to regulate, control and direct the sale of ardent spirits, malt liquors, wines and cider within the corporate limits of said town, impose such restrictions, charges, conditions and penalties upon the same as they or a majority of them may deem necessary and proper, not repugnant to the Constitution and laws of this State. Ardent spirits. Sec. XV. Be it further enacted by the authority aforesaid , That the said mayor and councilmen shall have authority, in addition to the ad valorem tax herein provided for, to levy a tax on all billiard tables, ten pin or nine pin alleys and tables, and alleys of any other kind used for the purpose of playing on with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purpose of gaming, or carrying on a game of chance by selling cards, tickets or numbers, or by turning a dial or wheel by using any other artifice or contrivance. They shall also have authority to levy a tax not exceeding one hundred dollars upon all Page 385 circuses, sleight-of-hand performances, tricks of legerdemain and other shows taxed by the laws of this State, which may exhibit in said town, such tax to be for each exhibition. They shall also have power to levy and collect such taxes on all professions, businesses and callings carried on in said town as they may deem expedient for the safety, benefit, convenience and advantage of said town. Such specific taxes, if not voluntarily paid, shall be collected by execution; levy and sale, as provided for in this act for the collection of other taxes. They shall also have power to grant license to one or more auctioneers, for which the applicant shall pay a sum of not exceeding fifty dollars per year, and if any person shall sell goods, merchandise or other property within said corporation at auction or public outcry without obtaining such license, such person shall be punished for such offense by fine not to exceed fifty dollars or imprisonment not to exceed thirty days, or work upon the streets not to exceed thirty days, any one or all, in the discretion of the mayor or mayor pro tem. , and in their absence of the remainder of the council; provided , that nothing in this Act contained shall be so construed as to extend to any judicial sale, executors, administrators or guardian's sale, or to prevent resident citizens from vending at auction their own property. Said mayor and council may provide also for the manner in which any of the special tax is authorized by this charter, and any of the licenses herein provided for may be issued and used, and any person violating the provisions of this Act or the ordinances enacted in accordance therewith, shall be dealt with as set forth in this section. Specific taxes. Sec. XVI. Be it further enacted by the authority aforesaid , That the treasurer shall receive all moneys due the town from any and all sources, and pay the same out upon orders drawn by the mayor and council, said orders being countersigned by the mayor, or in his absence, by the mayor pro tem . The said treasurer shall keep a book, which shall at all times be subject to inspection by the council, or any person holding an order upon him, which book shall show what amount of money remains in his hands and from what source received, and what moneys have been by him disbursed, and upon what account; and shall preserve all orders by him paid off as vouchers for disbursements, and he shall do and perform all other duties relative to the finances of the town, prescribed by ordinances of council, and in the manner prescribed; provided such ordinances are not inconsistent with this Act. Duty of treasurer. Sec. XVII. Be it further enacted by the authority aforesaid , That the clerk, and the marshal and his deputies, shall, in addition to the duties hereinbefore imposed upon them, perform such other duties, in the sphere of their duties, as may be assigned them by the council, in consonance with the provisions of this charter, and ordinances of council not inconsistent herewith. Additional duties of clerk, marshal, etc. Sec. XVIII. Be it further enacted by the authority aforesaid , That the treasurer and marshal shall each execute with at least two good and solvent sureties, to be approved by the mayor and council, in the sum of not less than one thousand dollars, said bond to be made payable to the mayor and aldermen and their successors in office, Page 386 conditioned for the faithful performance of their respective duties. Such bond must be given before the said officers enter upon the duties of their respective offices, and the principal and sureties thereon may be sued on said bond for any default in reference to the finances of the town, made by the officer giving said bond, as soon as said default shall be ascertained, and recovery can be had and enforced as upon other judgments rendered by the courts of this State; and any officer who shall fail to pay over any funds in his hands belonging to the town according to law and the ordinances of council, shall be guilty of a misdemeanor, and, on conviction, shall be punished as is prescribed in section 4310 of the new Code of Georgia. Bonds of treasurer and marshal. Suit on bonds. Sec. XIX. Be it further enacted by the authority aforesaid , That the clerk or treasurer or marshal, upon failure to comply with any duty assigned them by this charter or the ordinances consistent therewith, may be removed from office by the mayor and council; they shall also be subject to removal for any misconduct or malfeasance in office, and there shall be no appeal from the decision of council upon any question of removal. Removal for neglect of duty. Sec. XX. Be it further enacted by the authority aforesaid , That the marshal shall not retain in his hands any funds by him collected for said town for more than one week, but said marshal shall pay over to the treasurer any and all money collected by him for the time, within one week from the date of the collection, and upon failure to do so, shall be subject to removal at the discretion of the council. Funds to be paid over to marshal. Sec. XXI. Be it further enacted by the authority aforesaid , That until ordinances and by-laws shall be adopted in conformity with this charter, those now in force not inconsistent herewith shall remain of force. Sec. XXII. Be it further enacted by the authority aforesaid , That the organization of the town government shall remain as it now is except as it may be changed to conform with this charter, until the first annual election under this charter and the qualification of the officers elected at that time; but the officers of said town shall be governed by and conform to the provisions of this charter, so far as the same may be practicable, and they are hereby authorized and empowered to act under such provisions; and any ordinance or by-law that may be adopted in conformity to this charter shall be of force and take effect from and after the same shall have been published in two public places in said town for five days, or after one insertion in a newspaper published in said town. Officers to be governed by this charter. Sec. XXIII. Be it further enacted by the authority aforesaid , That the mayor and council shall have power to make all needful rules and regulations as to cemeteries located within the corporate limits of said town, and to pass such laws as may be necessary for their protection, repairs and improvement. Rules, regulations, etc.,how made. Sec. XXIV. Be it further enacted by the authority aforesaid , That said mayor and council shall have power to fix and establish fire limits, within which fire limits, when so established, it shall not be lawful for any one to erect other than fire-proof buildings or structures of any kind whatever, and should any one erect or cause to be Page 387 erected within such fire limits so established any buildings or structures of any kind, other than fire-proof, the said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases, and said mayor and council shall have power to determine what buildings or other structures are or are not fire-proof. This section shall not be varied in favor of any person or persons whatever. Fire limits. Sec. XXV. 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 18, 1883. TO REGULATE ELECTIONS IN THE CITY OF LAGRANGE, AND FOR OTHER PURPOSES. No. 226. An Act to regulate the manner of holding municipal elections in the city of LaGrange, and to require voters to register, and to define who are legal voters in said city, and for other purposes. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, all persons shall be qualified to vote at elections for mayor and aldermen of the city of LaGrange who are qualified under the Constitution of this State to vote at State elections, and who have resided continuously in this State for one year, in the county of Troup for six months, and within the corporate limits of the city of LaGrange for sixty days immediately preceding the day of election; who have attained the age of twenty-one years; who have paid all State, county and city taxes which they may have had an opportunity to pay for the year preceding the election; who shall have made all returns required by the ordinances of the city, and have been registered according to the provisions hereinafter made. Qualifications of voters. Sec. II. Be it further enacted , That the clerk of the city council shall keep and provide a suitable book, alphabetically arranged, in which to register the voters to vote at said elections, which book shall be kept open for registration from the first day of April until the twenty-fifth day of April of each year (unless such days fall on Sunday, in which event it shall be opened on the day following the first day of April and closed on the day after the twenty-fifth day thereof), so that all persons otherwise qualified may register in order to vote at said elections. All applications for registration must be made in person, and no person shall be registered until he has personally answered all questions touching his right to register, and the clerk, in his discretion, may swear all applicants touching their right to register, and may refuse to register such as are not, in his Page 388 judgment, entitled to register under the provisions of this Act; provided , that all applicants for registration whom the clerk may refuse to register shall have the right to appeal from the decision of the clerk to the mayor and board of aldermen of said city of LaGrange, who shall hear and determine the matter. Duty of clerk of council. Record of registered voters. Appeals allowed. Sec. III. Be it further enacted , That the said elections for mayor and aldermen of said city of LaGrange shall be held at the court-house, as heretofore, at the time now prescribed by law; and the mayor and aldermen of the said city of LaGrange shall appoint three freeholders residing in said city not less than two days previous to the time of holding said elections, who shall constitute a board of managers at said elections. The said managers shall attend at the court house at the time appointed for said elections, with the book of registration aforesaid. If for any reason any of said managers should fail or refuse to attend before eight o'clock a.m. on the day of the election, or shall be disqualified, then and in that event their places may be supplied by any other freeholder or freeholders residing in said city. The said managers, before entering upon the discharge of their duties, shall take and subscribe the oath now prescribed under the ordinances of said city, and in the manner therein provided. Whenever, at said elections, the right of any voter to vote shall be challenged, it shall be the duty of the managers to examine the said book of registration, and, if the voter shall be found to have duly registered, he shall be allowed to vote; and upon receiving any vote, the said managers shall immediately check off from the book of registration the name of said voter; and if any person shall vote who is not duly registered, then said managers shall not count said vote. Electionswhere held. How managed. Oath of managers. Duty of. Sec. IV. Be it further enacted , That any person fraudulently registering, or any person voting at any election for mayor and aldermen of the said city of LaGrange who has no right to vote at such election, or counseling, advising or encouraging any other person so to do, shall be deemed guilty of a misdemeanor, and, on conviction in a court having jurisdiction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Illegal votinghow punished. Sec. V. Be it further enacted , That if the clerk of the city council shall fraudulently and illegally register any voter or voters, or be fraudulently engaged with others in registering any voter or voters, he shall be deemed guilty of a misdemeanor, and, on conviction in a court having jurisdiction of the same, shall be punished as prescribed in section 4310 of the Code of 1882. Clerkfraud by in registration. How punished. Sec. VI. Be it further enacted , That the said managers of said elections shall have exclusive charge of the details and arrangements connected with the same, and shall count the ballots and certify the results of the elections; but nothing herein shall be construed to repeal the existing laws or ordinances in reference to the contest of elections. Each of said managers shall be paid the sum of two dollars for performing the duty of managing said election, and they shall have not less than two nor more than three clerks on the day of election, who shall be paid two dollars each for Page 389 their services, which moneys shall be paid out of the treasury of the said city of LaGrange upon the order of the mayor thereof. Pay of managers and clerks. Sec. VII. 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 18, 1883. TO AMEND THE NEW CHARTER OF ATLANTA. No. 227. An Act to amend an Act entitled an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and to grant additional power to said mayor and general council, as follows: To repeal so much of an Act approved September 3, 1881, as creates a board of commissioners of streets and sewers of said city of Atlanta, and to abolish said board, and to transfer all of the powers and duties of said board to the mayor and general council of said city. To authorize the mayor and general council of said city to tax the gross sales of merchandise sold in said city. Such tax not to exceed one-eighth of one per cent. on the amount of gross sales of goods sold at wholesale, and one-fourth of one per cent. on the amount of the gross sales of goods sold at retail; the power conveyed hereby in no way to affect the authority to levy and collect an ad valorem tax on merchandise, or specific business tax; and to provide that if sales are taxed, merchandise shall not at the same time be taxed ad valorem . To authorize the mayor and general council of said city to build one or more market houses in said city and to fully regulate, govern and control the same. And to authorize the mayor and general council of said city to contract with private persons or corporations for the erection of one or more market houses in said city, and to grant to such persons or corporations the exclusive privilege of conducting market houses in said city for a time not to exceed fifteen years, subject to such ordinances, rules and regulations as the mayor and general council of said city may adopt. To fully authorize and empower said mayor and general council to provide by ordinance for the compulsory vaccination of all persons within the corporate limits of said city. To amend section (8) eight of an Act approved September 3, 1881, amending the charter of said city, by adding after the word placed in the seventh line of said Act as printed, the following: and upon any real estate benefited by such construction in the judgment and discretion of the mayor and general council of said city, according to the amount of such benefit, so as to authorize the assessment of the cost of constructing sewers and drains in said city on property benefited thereby. To authorize the mayor and general council of said city to pay the assistant tax receiver and assessor for said city, who was elected in July 1882, twelve hundred dollars per annum for the whole Page 390 term for which he was elected. To authorize the mayor and general council of said city in their discretion, to pay the member of the board of commissioners of streets and sewers acting as secretary, compensation for the year 1883 at the rate of five hundred dollars per annum. To authorize the mayor and general council of said city to fix in December of each year, the compensation for the next succeeding year of the members of the board of water commissioners, board of health, police commissioners and assistant tax receiver and assessors, the same not to be changed during the year for which it is so fixed. To extend the corporate limits of the city of Atlanta for police purposes so as to include the territory bounded as follows: commencing at a point where the Georgia Railroad crosses the corporation line and running thence along said railroad to the line between Fulton and DeKalb counties; thence south along said county line to the McDonough road, thence back along the McDonough road to said corporation line, thence along said corporation line to the beginning point, and to prohibit the sale of spirituous, vinous or malt liquors within said territory. Also to authorize the mayor and general council of said city to use so much of the right of way of the Western and Atlantic Railroad as may be necessary to extend Alabama street across said right of way. 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 the Act of the Legislature of Georgia entitled an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and they are hereby amended, and additional powers are granted to the mayor and general council of said city of Atlanta in the several particulars hereinafter provided for. New powers granted. Sec. II. Be it enacted , That the mayor and general council be and are hereby authorized to rent or lease from any party who may build a suitable market-house or houses in the city of Atlanta, for a term not exceeding fifteen years, at a rate of rental not to exceed eight per cent. interest on the investment, and are hereby authorized to make such ordinances as are necessary and proper to protect the city in said lease; and provided, further , that said city of Atlanta be and is hereby authorized to purchase said market or markets at any time during said fifteen years at original cost of said market property. May rent a house for market. Rent limited. May purchase house. Sec. III. Be it further enacted , That the said mayor and general council shall have full power and authority to provide by ordinance for the frequent and compulsory vaccination of all persons in said city by suitable qualified physicians to be selected by the board of health of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the provisions or requirements of such ordinance. May compel vaccination. Sec. IV. Be it further enacted , That the mayor and general council of said city are hereby authorized to pay the assistant tax receiver Page 391 and assessor for said city, who was elected in July, 1882, an annual salary of twelve hundred dollars per annum for the whole term for which he was then elected if he shall continue in said office for such term, and if he does not fill all said term, then he may be paid at the rate of twelve hundred dollars per annum for such part of said term as he may fill, and his successor in office shall receive the same annual salary for the unexpired portion of said term filled by him. May pay salary to assistant tax receiver and assessor. Sec. V. Be it further enacted , That said Mayor and general council shall pay to the member of the board of commissioners of streets and sewers acting as secretary of said board, a salary of five hundred dollars per annum for the year 1883, or such part of said year as he may act as secretary of said board. Salary of secretary of board of State commissioners, etc. Sec. VI. Be it further enacted , That the mayor and general council of said city shall have full power and authority to fix in December of each year the compensation for the next year of the members of the board of water commissioners, board of health, board of police commissioners, board of commissioners of streets and sewers, and the assistant tax receiver and assessor, and the compensation thus fixed shall not be changed during the year for which it is so fixed. May fix compensation of certain officers. Sec. VIII. 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 18, 1883. TO INCORPORATE THE TOWN OF POWDER SPRINGS, IN COBB COUNTY. No. 228. An Act to incorporate the town of Powder Springs, in Cobb county, to provide for the election of mayor and council, marshal and clerk, and to define their powers, duties, etc, 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 aforesaid , That from and after the passage of this Act the town of Powder Springs, in the county of Cobb, shall be incorporated under the name and style of the town of Powder Springs, by which name it shall sue or be sued, plead or be impleaded, etc. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall be defined as follows, to-wit: The corporate limits of said town shall extend one-quarter of a mile on each side of Marietta street in said town, the width of said street not to be included in said distance, and to extend between the following named points on said street, beginning on the south at the bridge across Powder Springs creek and running down said creek, making the same the line to the line one-quarter of a mile from Page 392 said street, and running parallel therewith on the east, and thence north on said line running as aforesaid to what is known as the Atlanta road, and thence west along said road to where the same intersects the Marietta street, and beginning at the south on the west side on said Marietta street and running along what is known as the lost mountain road, making the same the line to the line one quarter of a mile from Marietta street on the west, and running north parallel with said street to what is known as the Marietta road, running north, and thence east along said road, making the same the line to Marietta street, which after the passage of this Act shall be known as the corporate limits of the town of Powder Springs. Corporate limits. Sec. III. Be it further enacted , That within thirty days after the passage of this Act, or as soon thereafter as practicable, and on every first Monday in January thereafter, there shall be an election held for the election of a mayor and five councilmen, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and the same qualifications for voters, who shall reside within the corporate limits hereinbefore set out, shall exist as are required of persons voting at an election for members of the General Assembly, and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected; provided , that the marshal and clerk herein provided for, shall be elected by the mayor and council immediately upon their election, or as soon thereafter as practicable. Elections for officerswhen and how held. Who may vote. Marshal and clerkhow elected. Sec. IV. Be it further enacted by the authority aforesaid , That the mayor and council elected as aforesaid shall have power and authority to enact such laws or ordinances as may, in their judgment, be necessary for the government of said town; to levy such taxes as are now allowed by law in such cases; provided , that nothing in this Act shall be so construed as to give the mayor and council or any authorities of said town of Powder Springs to levy a tax on land within said corporate limits which is used for agricultural purposes, except not more than one acre immediately around any dwelling house that may be situated on such land; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided , the fine shall not exceed fifty dollars, nor the imprisonment to exceed thirty days in the discretion of the mayor and council. General powers of mayor, etc. Sec. V. Be it further enacted by the authority aforesaid , That the mayor shall have the same jurisdiction and authority as have justices of the peace in this State, to bind over offenders that may be brought before him, when it shall appear that the offense is a violation of any State law committed within the corporate limits of said town. Mayor ex-officio justice of the peace. Sec. VI. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity within said town limits or to repeal existing laws on that subject. No liquors sold. Page 393 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 18, 1883. TO AMEND THE CHARTER OF THE TOWN OF HAWKINSVILLE. No. 236. An Act to amend an Act entitled an Act to alter and amend the several Acts incorporating the town of Hawkinsville, in the county of Pulaski, and to grant certain powers and privileges to said town, and for other purposes, approved December 8, 1882, by repealing so much of said Act as authorizes the establishment of public schools, 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, sections thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39), forty (40), forty-one (41), forty-two (42), forty-three (43), forty-four (44), forty-five (45), forty-six (46) and forty-seven (47) of the aforesaid Act that authorized the establishment of public schools in the town of Hawkinsville, and provided for the government and support of the same, be, and the same are hereby repealed. Authority to establish system of educationrepealed 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 19, 1883. TO AMEND THE CHARTER OF HOGANSVILLE. IN TROUP COUNTY. No. 238. An Act to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, State of Georgia, approved October 12, 1870. Section I. Be it enacted by the General Assembly of the State of Georgia , That section three of the above recited Act, approved October 12, 1870, be so altered and amended that said section, when amended, shall read as follows: That on the second Monday in January, 1884, and on the second Monday in January in each subsequent year, an election, by ballot, shall be held at some convenient point in said town, by two or more members of the town council then in office Page 394 presiding and conducting said election, for six commissioners and a marshal, to serve said town for the term of one year after their election and until their successors are elected and qualified. The persons receiving the highest number of votes shall be declared elected by the managers of said election. At said election no person shall be entitled to vote who has not resided within the corporate limits of said town six months preceding said election, and who is not entitled to vote for members of the General Assembly of Georgia, and town council shall require the registration of all voters in said town ten days prior to said election at the place designated by said council, and no voter shall be allowed to vote in municipal or other town elections unless their names appear on the registration list. Election of town officers. Who may vote. Sec. II Be it further enacted by the authority aforesaid , That section four of the above recited Act be so amended as to read as follows: That the town council of Hogansville (or a majority of said council) shall constitute a quorum for transacting all business, and shall, at their first meeting after their election and qualification, elect from their own body a presiding officer, who shall be styled chairman of council, and shall elect from the citizens of said town to fill a vacancy or vacancies caused by a tie or failure to elect at the regular election, or from resignation or otherwise; and if there should not be a quorum elected at the regular election, it shall be the duty of the town council then in office, to order an election for the number of commissioners failing to be elected, within three days after the regular election. The said town council shall elect from its own body or from the citizens of said town, a clerk and treasurer. Quorum. Chairman. Vacancies. Failure to elect. Clerk and treasurer. Sec. III. Be it further enacted by the authority aforesaid , That section five of the above recited Act be amended so as, when amended, to read as follows: The chairman of town council of Hogansville, or any member of said council, shall have authority to appoint a necessary number of policemen to assist the marshal in the discharge of his duties in cases of emergencies, and said town council shall define by ordinances the duties of all the officers of said council, and shall have power to pass laws and regulations governing said officers in the discharge of said duties; and for neglect of duty or disorderly conduct, or inefficiency, or incompetency, or malpractice in office, shall have power to suspend, remove from office, or fine, or imprison any such offender. Policemen. Town officersdutiesregulation of. Removal, etc. Sec. IV. Be it further enacted by the authority aforesaid , That the town council of Hogansville shall have power to assess a tax on all real estate within said town (said tax not to exceed one-fifth of one per cent.), and shall have the authority to appoint two commissioners from its own body, who shall assess the value of all real estate in said town subject to taxation, and to pass such laws and regulations as may be necessary to carry out the provisions of this Act. Tax on real estate. Assessors. Sec. V. Be it further enacted by the authority aforesaid , That the town council of Hogansville shall have the power to regulate the sale and keeping of all spirituous and malt liquors within the said town, and the said town council shall have the right to grant or refuse to grant licenses for the sale of spirituous and malt liquors in said Page 395 town, and the amount of licenses assessed shall be left to the discretion of said council; and the said town council may pass such laws and regulations as they may deem best to carry out the provisions of this Act. Liquorssale of. Sec. VI. Be it further enacted by the authority aforesaid , That the town council of Hogansville shall have power to lay off, vacate, close, open, alter, curb, pave, and to keep in good order and repair, streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens within said town, and to improve and light the same, and to have them kept free from obstruction on or over them; to regulate the width of sidewalks or the streets, and to have the sidewalks, footways, drains and gutters curbed and paved, and kept in good order, free and clean by the the owners or occupants thereof; to establish and regulate a market, and to prescribe the time for opening and closing the same; to prevent injury and annoyance to the public or to individuals from anything dangerous or unwholesome; to protect places of divine worship; to abate, or cause to be abated, anything which, in the the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near town, places for the burial of the dead, and to regulate interment therein; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said town; to preserve peace and good order therein; to provide a compensation as they may deem adequate for the officers of the said town of Hogansville; provided , the marshal's salary shall not exceed four hundred dollars per annum; to fix their terms of service, and to take from said officers such bonds as the said town council deem necessary, payable to said town in its corporate name, with good security, and with such penalty as the council may deem fit, conditional for the faithful discharge of their duties; to prohibit the pollution of the water and healthfulness of said town; to provide a revenue for the town by taxation on the taxable property in said town, and on all trades and professions, and on all business carried on within said town, except such as the general laws of the State exempt from municipal taxation, and to appropriate the same to expenses of said town; and to adopt rules, regulations and laws, not in conflict with the Constitution and laws of Georgia, for the government of said town; and to prescribe and impose reasonable fines and penalties and imprisonments in the place of imprisonments in said town. Streets, walks. Markets. Nuisances. Gun powder. Burial places. Salary of marshal. Official bonds. Specific taxes. Penalties. Sec. VII. Be it further enacted by the authority aforesaid , That it shall be the duty of the marshal of the town of Hogansville to collect the taxes due said town, fines and assessments, and in case the same are not paid within ten days after the same are placed in his hands for collection, then the clerk of said council shall issue execution in the name of the chairman of said council. The marshal shall then levy and sell in like manner and under the same regulations as constables sales of the State of Georgia; provided , this section shall not prohibit the punishments by imprisonments for the Page 396 violation of any ordinances which may be passed in pursuance of this charter. Taxeshow collected. Sec. VIII. Be it further enacted by the authority aforesaid , That the expenses of maintaining any prisoner or person committed to any place of imprisonment by the authorities of said town may be paid out of the funds of said town. Keeping prisonersexpenses ofhow paid. Sec. IX. Be it further enacted by the authority aforesaid , That no person holding an office in this municipal corporation shall, during the term for which he was elected or appointed, be capable of contracting with the said corporation of Hogansville for the performance of any work which is to be paid for out of the treasury of said town, nor shall such person be capable of having any interest in such contract, either directly or indirectly. Officers not to contract with town. Sec. X. Be it further enacted by the authority aforesaid , That the town council of Hogansville shall have authority to impose, assess and collect a license tax on each and every keeper of a hotel, private boarding house, billiard or pool table, or any other gaming table, except those which are run for private use only. No person or persons shall have the right to run a billiard or pool table in connection with a bar-room, either with or without charging for the use of the same, until the license for the same is duly obtained from said town council. Licenses. Sec. XI. Be it further enacted by the authority aforesaid , That the town council of Hogansville shall have full power and authority to require all persons within said town, who are subject to road duty or street 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. Street working. Commutation tax. Sec. XII. Be it further enacted by the authority aforesaid , That no person shall be eligible to hold office in the town council of Hogansville, except those who are entitled to vote in the election of said town. Eligibility for office. Sec. XIII. 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 19, 1883. TO EXTEND THE LIMITS OF THE CITY OF AMERICUS. No. 244. An Act to extend the corporate limits of the city of Americus so as to include the residences of J. W. Jordan, Jr. and H. A. Harris within said city, 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 corporate limits of the city of Americus shall be extended as follows, to wit: Beginning at the Page 397 present terminus of Felder street and running down the extension of the same, known as the lower Danville road, the width of said road to the land line between the premises of Capt. C. W. Welder and Rev. J. W. Jordan, Jr., thence south, following said land line one hundred yards, thence east one hundred and thirty yards, thence one hundred yards back to the said lower Danville road, cross said road and run one hundred yards northward through the lands of H. A. Harris, thence west to the line of the corporation; provided , that nothing in this Act shall be construed to change the status of the property of C. W. Felder, which lies on the south side of the said lower Danville road, and between the lands of said J. W. Jordan, Jr., and the present corporate limits of said city of Americus. Area added 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 19, 1883. TO AMEND THE CHARTER OF THE CITY OF MACON, IN REGARD TO MUNICIPAL ELECTIONS THEREIN. No. 247. An Act to amend the charter of the city of Macon so as to prescribe the mode or manner of conducting all elections by the mayor and council of said city, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act all elections by the mayor and council of the city of Macon shall be in public, and shall be conducted as follows: As soon as the names of candidates have been put in nomination the clerk shall call the roll, and each member of the mayor and council shall, as his name is called, vote viva voce for the candidate of his choice. The clerk shall keep a list of the votes, which shall be entered upon the minutes At the conclusion of the vote the presiding officer shall declare the result; provided , that a majority of the votes cast shall be necessary to a choice. Electionshow held, etc. 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 19, 1883. Page 398 TO REPEAL THE CHARTER OF THE TOWN OF FORRESTVILLE, IN FLOYD COUNTY, AND INCORPORATE THE SAME DE NOVO. No. 252. An Act to repeal an Act entitled an Act to incorporate the town of Forrestville, 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, approved October 9, 1868, and all Acts amendatory thereto, incorporating the town of Forrestville, in the county of Floyd, State of Georgia, be, and the same are 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 town of Forrestville shall extend one-fourth of a mile in every direction from the present junction of the Kingston and Calhoun roads, and also over the remainder of lot of land No. 234, twenty-third (23d) district and third (3d) sections, situated and being in the county of Floyd, State of Georgia. Charter repealed. New charter. Corporate lines. Sec. II. Be it enacted , That the now acting town commissioners are hereby constituted a body corporate under the name and style of the mayor and aldermen of the town of Forrestville, and by that name and style shall have perpetual succession, may sue and be sued, may 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 in perpetuity, 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 interest 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. General powers. Sec. III. Be it enacted , That an election shall be held on the first Saturday in December after the passage of this Act, for a mayor and four 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. Election for mayor and aldermen. Sec. IV. Be it enacted , That it shall be the duty of the clerk of the council, on the first day of November, to open a list for the registration of the names of voters, the said list to be kept open for four consecutive weeks, and all persons entitled to vote for members of the General Assembly, who have resided in said town ten days previous to the day of holding said election, and who shall have paid all taxes imposed upon them by municipal authority (and no other) Page 399 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. Registration Who may register. Duty of clerk. 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 the record shall be the highest evidence of said election. The polls shall be opened at 8 o'clock a. m. and close at 7 o'clock p. m. Managers to take oath. Duties of. Sec. VI. Be it enacted , That in case any two or more persons, residents of said town, shall desire to contest the election of any or all of 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 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 cost in collecting judgments and cost in the superior court, and proceed at once to collect the same in the same way other fi. fas . are collected. Contested elections. Duties of ordinary. Costby whom paid 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 the same. They shall, at their first meeting, or so soon thereafter as practicable, elect a clerk and marshal, and 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 office. Clerk and marshal. Powers and duties of mayor and council. Sec. VIII. Be it enacted , That the mayor and aldermen, or either Page 400 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. Ineligible. 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 the clerk of council such sum as the mayor and aldermen may determine within the time prescribed by said mayor and aldermen. Persons liable to work streets. Commutation tax. 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, interest 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-half of one per cent. on a fair valuation of the same. They shall also have power to tax all itinerant shows and exhibitions of any kind; all billiard tables and ten-pin alleys, or alleys of any number of pins, kept for playing thereon; all shooting galleries or other places of public amusement; all insurance agencies; but shall not have power to tax any trade or occupation of a mechanic, common laborer or hireling. Further powers of mayor and council. Sec. XI. Be it enacted , That to equalize the burdens of taxation, and to prevent the fraudulent returns and valuation of property in said town, the mayor and aldermen 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 appraisement thereof to the mayor and aldermen, whose decision shall be final. Personal property shall be given in to the clerk of 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. Assessorstheir duties. Appeals allowed. Sec. XII. Be it enacted , That 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 street not more than thirty days, or by both, as the nature of the offense may demand. Offenders tried. Penalty. Sec. XIII. Be it enacted , That the sale of spirituous liquors in any quantity shall be prohibited within the corporate limits of said town, and that the mayor and aldermen shall have power to suppress gambling and any and all species of crime the punishment of which is usually vested in the mayor and aldermen of corporate towns. Ardent spiritssale of. Suppress gambling. Page 401 Sec. XIV. Be it enacted , That they shall have under their control and supervision all public streets, roads and sidewalks, ditches, lanes and alleys, and 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, mills, stock pens and brick yards, in said town, and may remove any of them should they become dangerous to contiguous property, or become a nuisance and shall have plenary powers to abate nuisances of any and all kinds whatever. Jurisdiction over streets, etc. Livery stables etc. Sec. XV. Be it enacted , That in case there be a failure at any regular election to elect a mayor and aldermen, a new election shall be held on the second Saturday in December, and the officers so elected shall hold their offices until their successors are elected and qualified; and that in case of death or resignation the mayor shall have power to order an election to fill such vacancies by giving public notice of the same for ten days. Failure to electhow remedied. Vacancieshow filled. Sec. XVI. Be it enacted , That it shall be the duty of the mayor and aldermen to confine their expenditures within the limits of the income 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 responsible for the action of the majority. In case of the visitation of a malignant epidemic or contagion, demanding sanitation and relief measures, the mayor and aldermen may levy an extraordinary tax upon all persons and property in said town adequate to the exigencies of the case. Expenditures, income, etc. Illegal contract. Epidemics, etc. Sec. XVII. Be it enacted , That 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, bills of exchange, drafts, receipts, vouchers, and any and all other documents in their keeping and control, and make, or cause to be made, an exhibit of all their receipts and expenditures. Outgoing officersduties of. Sec. XVIII. Be it enacted , That the mayor and aldermen shall annually set apart all moneys raised from forfeiture and ten per cent. of the amount collected from taxes on real and personal property as a special fund to provide a council chamber or town hall, and shall impound the same from year to year until a sufficient amount is raised to accomplish said object. Town Hallhow built. Sec. XIX. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 21, 1883. Page 402 TO AMEND THE CHARTER OF THE CITY OF GAINESVILLE, IN HALL COUNTY, ETC. No. 253. An Act to amend the charter of the city of Gainesville, so as to confer on the mayor and council of said city power to tax dogs in said city; to increase the salary of the mayor and aldermen thereof; to provide the manner, terms and regulations of opening of new streets, and the changing of old streets, lanes and alleys in said city; to increase the term of imprisonment or labor of wrong-doers for violation of the ordinances of said city to a term not exceeding three months; to provide for the establishment of public schools in said city by declaring upon what terms the same may be established, and to prescribe the qualifications of electors voting at an election to be held for the purpose of establishing such schools, and for other purposes therein mentioned. 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, the charter of the city of Gainesville shall be so amended as to confer upon the mayor and council of said city the power and authority to levy and collect a tax upon dogs within said city in such manner and mode as said mayor and council shall deem best; provided , in no case shall the tax imposed exceed one dollar per capita on said dogs, which tax shall be applied to educational purposes. May tax dogs. Tax limited. Sec. II. Be it enacted by the authority aforesaid , That section five of the charter of said city, approved February 28, 1877, which Act in said section provides for the election and salaries of the officers of said town, be amended so as to read (in the second sentence thereof): The mayor shall receive a salary of four hundred dollars per year, but shall receive no perquisites or other compensation for his services, and each alderman shall receive a salary of fifty dollars per year as full compensation for his services, and any qualified elector of said city shall be eligible to the office of mayor or alderman thereof; provided , this increase of salary shall not take effect until the first of January next after the passage of this Act. Salaries of mayor and aldermen. Sec. III. Be it further enacted by the authority aforesaid , That in all cases where the mayor and council shall see proper to open any new street, or to widen any street, lane or alley, or any way to change the same, it shall be lawful for them to have said street, lane or alley surveyed and marked, and before proceeding to open the same they shall give notice in writing to the owners of the land through which said streets, lanes or alleys are to be opened, or changed, for twenty days, during which time it shall be lawful for such owner, his agent or attorney to file objections to such new street, lane or alley, or to the proposed change in such old one, or to Page 403 make claim for damages which may result to such owner. In case no objections are filed within said twenty days, it shall be lawful for said mayor and council to proceed at once to open said street, lane or alley, or to make such change in any old one agreeably to the survey made before the commencement of said proceeding. In case objections are filed, or damages claimed, it shall be the duty of the mayor to select one disinterested freeholder, resident of said city, and the owner or his agent shall select another, and they two a third (and in case said owner shall refuse to select an arbitrator, the ordinary of Hall county shall be authorized to select one for him), and the three arbitrators so chosen, after examining the premises and hearing such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided , either party being dissatisfied with said award shall have the right to appeal from the same to a jury in the superior court under the law governing appeals in other cases; and provided, further , that upon payment of the damages so assessed, or the lawful tender thereof, by said mayor and council to said owner, his agent or attorney, said mayor and council shall be authorized to open or to change such street, lane or alley to correspond with the survey thereof before made, after final judgment on the appeal. New streetshow opened. Damageshow determined. Appeals from award allowed. Sec. IV. Be it further enacted by the authority aforesaid , That section sixteen of the charter of said city, approved February 28, 1877, be, and the same is hereby amended by striking out the last two words of said section, viz.: thirty days, and inserting in lieu thereof the words three months, so that the mayor and council of said city shall be authorized to increase the term of imprisonment or labor of wrong-doers for the violation of the ordinances of said city to a term not exceeding three months. Penalty increased. Sec. V. Be it further enacted by the authority aforesaid , That the mayor and council of said city be, and they are hereby authorized to establish a system of public or common schools within said city upon first complying with the following regulations, to-wit: before any common or public schools shall be established in said city, to be maintained at the expense of said city, the mayor, upon recommendation of a two-thirds vote of the council, shall advertise an election for thirty days, to be held at the court-house in said city, at which all persons qualified to vote for mayor and council of said city shall be qualified to vote; said election to be conducted in all particulars as now provided by law for elections in said city. It shall be the duty of the elector at said election to indorse on his ballot public schools or no public schools; and if two-thirds of all the persons qualified to vote at said election shall be found to have voted in favor of public schools, then, and in that event, but not otherwise, it shall be lawful for said mayor and council to establish one or more public schools for each of the two races within said city, to be maintained in whole or part at the expense of said city by local taxation; provided , that no local tax levied and collected for said purpose shall ever in one year exceed one-fourth of one per cent. on the taxable property of said city. Public school system. Ratification required. School tax limited. Sec. VI. Be it further enacted by the authority aforesaid , That said Page 404 mayor and council shall have power to pass all ordinances, rules and regulations necessary for carrying into effect the provisions of the foregoing section, and shall levy and collect in addition to other lawful taxes a tax sufficient to provide suitable buildings and maintain public schools free of tuition, except a matriculation fee to all the children of Gainesville for as much as six months in each year; provided , said levy does not exceed the amount prescribed in the foregoing section. May pass all ordinances, etc. necessary. Extra taxes. 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 21, 1883. TO ESTABLISH A NEW CHARTER FOR THE CITY OF DAWSON. No. 254. An Act to establish a new charter for the city of Dawson, and for other purposes. Section. I. The General Assembly of Georgia do enact , That from and after the passage of this Act, the inhabitants of the territory hereinafter designated, are hereby continued corporate by the name and style of the city of Dawson, in the couty of Terrell, in this State; and the corporate limits of said city of Dawson shall extend one mile in every direction from the court-house in said city. Corporation continued. Name of. Limits of. Sec. II. Be it further enacted by the authority aforesaid . That the mayor and aldermen of said city, now serving in that capacity, shall remain and continue to exercise their powers and duties as the officers of said city until their successors are elected and qualified as hereinafter provided. Present officers to serve. Sec. III. Be it further enacted by the authority aforesaid , That on the second Wednesday in December next, and annually thereafter, an election shall be held in said city in the council chamber or court-house for a mayor and five aldermen, and also for a clerk of council and a city treasurer. At said election all male citizens of this State residing within the corporate limits of said city, who shall be entitled to vote for members of the General Assembly of this State, and who have resided within said city for at least thirty days prior to the time of said election, shall be entitled to vote for a mayor and five aldermen of the city council, and for a clerk and treasurer. Any person or persons legally entitled to vote at said election shall be eligible for the position of mayor, alderman, clerk and city treasurer of said city. Said election shall be presided over by a justice of the peace or ordinary, together with two freeholders of said city, none of whom shall be candidates, and the election shall be opened and closed as elections for county officers in this State, and the laws of Page 405 this State regulating the keeping of tally-sheets, lists of voters and disposition of the ballots, shall apply to and govern said election. The said managers of said election shall take an oath faithfully to discharge their duties, and that they will not divulge how any person at said election may vote. The persons voted for at said elections, who receive the highest number of votes cast, shall be declared duly elected; and the said managers of said election shall give certificate to that effect, which shall be evidence of their election and authority to assume the functions of their offices, and said certificate shall be recorded by the clerk of the council in the minutes of the said city council, which shall be held and esteemed to be the best evidence of said election. Any person voting at said election, contrary to the provisions of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not to exceed one thousand dollars, imprisonment in the county jail not to exceed six months, work on the chain-gang or other public works not to exceed twelve months, any one or more of these in the discretion of the presiding judge. Electionwhen held. Who may vote. Oath of managers. Certificates of election. To be recorded. Illegal voting. Sec. IV. Be it further enacted , That on the day succeeding their election (or as soon thereafter as practicable) the persons elected as mayor and aldermen shall meet at the council chamber for the purpose of organization, and each shall take and subscribe before some judicial officer the following oath viz.: I (A. B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor (or alderman, as the case may be,) for the city of Dawson, during my continuance in office, so help me God. The mayor, after being qualified, is empowered to administer the said oath to each of the aldermen. The mayor and aldermen shall hold their offices until their successors are elected and qualified; and in the event that the office of mayor or any of the board of aldermen, clerk or treasurer shall become vacant by death, resignation, removal or otherwise, the mayor, or in case his seat is vacant, a majority of the aldermen, shall order a new election, notice of said election to be published for four weeks, and the same to be managed according to the provisions of this Act. The clerk and treasurer, before entering on the discharge of their duties, shall take an oath before the mayor, or one of the aldermen, to faithfully and promptly perform all and singular the duties required of them as clerk or treasurer for the city of Dawson during their continuance in office. They shall each give bond in a sum to be fixed by the mayor and aldermen, payable to the city council, and conditioned for the faithful performance of their duties. The mayor and aldermen shall have power and authority to prescribe the duties of said clerk and treasurer; to fix their compensation, and to exercise a supervision over their official conduct. The said clerk and treasurer may be at any time removed from office by the said mayor and aldermen on account of neglect of duty, malpractice or malfeasance in office. In case it shall become necessary to remove said clerk or treasurer from office, and thereby create a vacancy, then a new election shall be ordered in the manner hereinafter provided, and the duties of such officer so removed shall be performed in the meantime by one of the aldermen, to be Page 406 selected by the other members of the board, until such vacancy shall have been filled by an election. Should such vacancy occur not more than thirty days before the time appointed for the regular election to take place in December, then, and in that event, no election need be had to fill the vacancy, but some member of the board of aldermen shall discharge the duties of the office during the interval. The official term of the clerk and of the treasurer shall be one year, and until their successors are elected and qualified. Mayor and aldermen to organize. Oath of. Terms of office. Vacancies. Oath of clerk and treasurer. Bond of. Duties of. May be removed. Vacancies filled. Term of office of clerk and treasurer. Sec. V. Be it further enacted , That the mayor and aldermen shall have power to elect a marshal, deputymarshal and other police officers; also a city physician and a city attorney, if they deem it necessary and proper, and any and all other subordinate officers that they may think the best interests of the city demand, to define their powers and duties, and fix their salaries, to require of them bonds for the faithful performance of their duties, and for such amount as the mayor and aldermen may deem proper. The said mayor and aldermen shall have power and authority to appoint a board of health for said city, and to define their powers and duties, and to prescribe their compensation. The mayor and aldermen shall have power and authority to remove or discharge from office any officer selected by them on account of malpractice or malfeasance in office, or inability to perform the duties of the same. All of the officers selected by said mayor and council shall, before entering on the discharge of their duties, take and subscribe before the mayor or other judicial officer, an oath to faithfully perform the duties of such office to the best of their skill and knowledge. All such officers shall hold their office for one year, and until their successors are elected and qualified. Marshal and other officers. Bond of. Board of health. Removals from office. Oath of office. Sec. VI. Be it further enacted , That the said mayor and aldermen shall have power and authority from time to time to make, ordain, and establish such by-laws, ordinances, rules and regulations, as shall to them appear necessary and proper for the security, welfare, convenience and interests of said city of Dawson and the inhabitants thereof, and for preserving the health, morals, peace, order and good government of the same, and not inconsistent with the Constitution and laws of Georgia. All ordinances, rules and regulations heretofore adopted in said city, and now in force, shall continue in operation until the same are repealed, amended, or modified by said mayor and aldermen, provided the same are not in conflict with the provisions of this Act. By-laws, etc. Sec. VII. Be it further enacted , That said mayor and aldermen shall have power to levy and collect by execution or other legal process, taxes within the corporate limits of said city upon all property, real and personal, liable to be taxed for state and county purposes; provided , that the rate of taxation shall not exceed one per cent upon said taxable property; and the said mayor and aldermen are hereby empowered to require any person, firm, company, corporation, or agent thereof, engaged in prosecuting or carrying on, or that may engage in, prosecute, or carry on, any trade, business, calling, vocation, or profession, within the corporate limits of said city, to register their names, business, calling, vocation, or Page 407 profession, and to pay for such registration and for license to engage in, prosecute, or carry on such business, calling, or profession aforesaid, not exceeding twenty-five dollars per annum. Powers to levy and collect taxes. Sec. VIII. Be it further enacted , That the mayor shall have power and authority to issue executions for the collection of all taxes or fines due to said city, which executions shall have the same force and virtue as other like executions. All executions issued shall be signed by the mayor and countersigned by the clerk, and the marshal or deputy marshal shall have power, and it is made his duty, to levy all executions so issued, on any property, real or personal, subject to said execution, and bring the same to sale for the satisfaction of said execution, and to make titles to the same and put the purchaser in possession, after the same manner as sheriff's sales are conducted. Whenever any land is sold by virtue of a tax execution, issued as aforesaid, the same may be redeemed under the terms and in the manner prescribed by law for the redemption of land sold by virtue of tax executions issued by the tax collectors of this State. Whenever there is not sufficient property in the city of Dawson to satisfy any execution issued as aforesaid, it may be lawful to have such execution levied on any property of the defendant in execution within this State, and the levy shall be made by the sheriff or any constable of the county where the property may be situated; such levy to be made by a sheriff or constable, as the amount of the execution may indicate. All executions for over one hundred dollars to be levied by the sheriff, and after the levy of such execution by the sheriff or constable, as the case may be, all subsequent proceedings shall be conducted as in cases of levying other executions under existing laws at the time such levy is made. Tax executions. Marshal to levy execution etc. Equity of redemption. Property outside of corporation subject, etc. Levy and sale ofhow and by whom made, etc. Sec. IX. Be it further enacted , That all taxes and assessments due the city of Dawson shall rank as debts due to the State, whether in the administration of a decedent or otherwise, and tax executions in favor of said city shall have the same lien on property of the defendant anywhere in the State as tax executions in favor of the State and county have. Lien of tax executions. Sec. X. Be it further enacted , That the said mayor and aldermen shall have the sole and exclusive right to grant licenses to sell or retail all spirituous, vinous, malt or intoxicating liquors within the limits of said city, and of fixing the rate and amount of such licenses (said amount not to exceed five hundred dollars per annum), and the terms and conditions upon which they shall issue, and to declare said licenses void when said terms and conditions are not complied with and to punish any person who may violate the same. Liquor license. Sec. XI. Be it further enacted , That the mayor and aldermen shall have power to license, regulate and control all billiard and pool tables, ten-pin alleys, or alleys of any kind, and all sporting devices within said city, and to license and regulate all livery stables, drays, wagons, carts or other vehicles operated for hire; and the mayor and aldermen shall have supervision of wells, pumps, fire companies and engines in said city. The said mayor and aldermen shall have power and authority to regulate and control the conduct Page 408 of all peddlers and itinerant traders within said city, by taxation or otherwise, and also to tax theatrical performances, exhibitions and shows of any kind in said city, except such peddlers, traders and shows as may be exempt under the laws of this State. License to play games. Livery stables, etc. Peddlers, etc. Shows, etc. Sec. XII Be it further enacted , That the mayor and aldermen shall have control and jurisdiction of all the streets and sidewalks in said city, and they shall have power and authority to compel all persons who have resided in said city for as long as thirty days, and who shall be subject to road duty under the laws of this State, to work on the public streets of said city, but not for more than fifteen days in each year; provided , that any person subject to work on the streets aforesaid may commute the service so required by paying the city such sum as the mayor and aldermen may prescribe, not to exceed the sum of five dollars. Streets and sidewalks. Who shall work. Commutation tax. Sec. XIII. Be it further enacted , That said mayor and aldermen shall have power and authority to impose and inflict such fines, penalties and forfeitures for violations of the ordinances, by-laws, rules and regulations of the city as shall in their judgment be conducive to the interest, good order and government of said city; provided , that no fine or forfeiture shall exceed one hundred dollars, and no imprisonment shall be longer than sixty days; and the offender may be imprisoned in the guard-house or made to do public work on the streets of said city. Said mayor and aldermen are hereby empowered to establish a city chain-gang, to be controlled under their supervision, and all persons convicted or sentenced for a violation of the ordinances of said city may be compelled, by the sentence of the mayor and aldermen, to work in said chain-gang on the public works and streets of said city not longer than sixty days. Said mayor and aldermen shall have power and authority to take from any person charged with a violation of any of the ordinances, rules and by-laws of said city, a bond for his or her appearance before said mayor and aldermen to answer such charge; and in case of a breach of the condition of such bond, the same may be forfeited by scire facias , to be issued and signed by the mayor and clerk of the city council, and returnable to a regular meeting of said mayor and aldermen. Said scire facias shall be served on the principal in said bond and his sureties at least twenty days before the meeting of the city council to which said scire facias is returnable, and, should no sufficient cause be shown, then said bond shall be declared forfeited by the judgment of the mayor, and execution may issue for the amount of said forfeited bond and costs of the proceeding; said execution to be signed by the mayor and countersigned by the clerk, and shall be collected and enforced in the same manner as tax executions issued in said city, except that there shall be no right of redemption of property sold by virtue of said execution. Power to punish. Chaingang. Appearance bonds. Bonds forfeited. Sec. XIV. Be it further enacted , That said mayor and each alderman shall be vested with the authority and powers of a justice of the peace, so as to enable them to suppress all riots, breaches of the peace, and commit for the violations of the penal Code of the State within the limits of said city, and to bind over all persons brought before them when the evidence adduced shows that such person Page 409 may-have violated the criminal laws of this State, or to admit such person to bail if the offense be bailable. Ex-officio a justice of the peace. Powers and duties of. Sec. XV. Be it further enacted , That said mayor and aldermen shall have power and authority to appoint three upright and intelligent persons, resident freeholders of said city, as tax assessors, and said assessors, before entering upon the discharge of their duties, shall take and subscribe before the mayor, or one of the aldermen, the following oath: I, A. B., do solemnly swear that I will diligently, faithfully and impartially perform all the duties devolving upon me as assessor for the city of Dawson during my term of office, so help me God. It shall be the duty of said assessor to place a true and just valuation on all real estate situated within the limits of said city liable to taxation, and return the same to the mayor and aldermen on or before the first day of August in each year, or as soon thereafter as practicable. Should the assessment authorized by this section, and made by said assessors, be deemed onerous or excessive, the owner, his agent, or legal representative of the owner of such real estate, who may be dissatisfied with such assessment, shall have the privilege of making complaint to the mayor and aldermen within fifteen days after the date of the report of said assessors; and upon such complaint being made the assessment complained of shall forthwith be referred to three arbitrators, one to be selected by the parties complaining, one to be chosen by the mayor and aldermen, and the third by the two thus chosen. These arbitrators shall be sworn to well and truly investigate the matters referred to them, and to make an impartial valuation and assessment of such property about which such complaint is made, and the award shall be made and returned within ten days, and shall be conclusive and final. The said city assessors shall each hold their office for the year in which they may be selected and until their successors are selected and qualified. Vacancies may be filled by the mayor and aldermen in like manner as such assessors are first chosen as above herein provided. The said assessors shall receive for their services such compensation as the mayor and aldermen may prescribe. Assessors. Their oath. Duties of. Arbitrators. Oath of. Terms of assessors. Compensation of. Sec. XVI Be it further enacted , That the mayor of said city shall receive a salary of two hundred dollars per annum, to be paid out of the funds and taxes of said city. Salary of mayor. Sec. XVII. Be it further enacted , That said mayor and aldermen shall have power to prevent the erection of any wooden building or structure within four hundred and four feet (404) of the public square, or within the territory lying north of Johnson street, east of Vine street, south of Fluid Avenue, and west of Stonewall street, except in a block where wooden buildings are already erected, and are standing at the time the person or persons wishing to erect wooden buildings proposes to do so. Wooden buildings. Sec XVIII. Be it further enacted , That said mayor and aldermen shall have power and authority to provide for the registration of all voters in said city; and to this end they may cause the clerk of council to keep a book to be called a registration book, in which all persons, entitled to vote for officers of said city, shall cause their Page 410 names to be registered ten days before each election, which book shall be closed ten days before such election. No person shall be entitled to vote at said election unless his name be found in said registration book, which book shall remain open all the time, except ten days prior to said election. In any case the said clerk shall administer an oath to the applicant touching his right to be registered, and may, if he believes it to be absolutely necessary, require the evidence of one or more credible persons that such applicant is legally entitled to be registered. If any person shall willfully swear falsely as to his right to be registered, such person so offending shall be guilty of the offense of false swearing, and on conviction shall be punished by imprisonment in the penitentiary of this State for not less than one nor more than five years. Registration. Duty of clerk of council. Must register to vote. False swearing. Sec. XIX. Be it further enacted , That the mayor and aldermen heretofore referred to shall be known and styled as the City Council of Dawson, and by this name may sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity. Corporate name. Sec. XX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed, and henceforth this Act shall constitute the charter of the city of Dawson, in the county of Terrell. Approved September 21, 1883. TO EXTEND THE CORPORATE LIMITS OF SAVANNAH. No. 264. An Act to extend the corporate limits of the city of Savannah. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the corporate limits of the city of Savannah shall be extended as follows: The present eastern limit of said city shall be extended east along the river bank fifteen hundred and forty-two feet (1,542 feet), thence south from the river bank three hundred feet (300 feet), thence west to intercept the line of the present eastern corporate limits of said city, thence over the present corporate limits of said city to the point where the eastern side of East Broad street in said city intercepts the said limits of said city on the north side of Lover's lane, and from said point the eastern limits of said city shall be extended in a southerly direction along the eastern side of said East Broad street extended to the southern line of farm lots in Jekyl Tything, Derby Ward, thence in a westerly direction along the southern line of said farm lots in said ward and of the farm lots in Tyrconnel Tything, Derby Ward, and of farm lots in Holland Tything and Slaper Tything, Permial Ward, to the Ogeechee road, thence along the west side of said road to the southern line of the Springfield plantation, and thence to and along Page 411 the western line of said plantation extended to the Savannah river. Corporate limits extended. Added area defined. Sec II. Be it further enacted by the authority aforesaid , That none of the real estate brought into the limits of the city of Savannah, or the improvements thereof by this Act, lying west of East Broad street extended, shall be taxed by the mayor and aldermen of the city of Savannah for a period of ten (10) years from the first day of January, 1884; but from and after the termination of said period, the real estate and improvement thereon, brought into the limits of said city by this Act, shall be taxed as other real estate now in said city is taxed; provided , however, that none of the residents within said extended limits, west of East Broad street extended, shall have the right to vote in any municipal election until the right of taxation shall have accrued to said city. Exempted from taxes for 10 years. Shall not vote until taxed. Sec. III. Be it further enacted , That any one who shall build across any projected street or lane, after the same shall have been surveyed and laid out by the city surveyor, and shall be designated by sufficient marks and bounds, shall, when the city council proceed to condemn the same, be entitled to compensation only according to the value of the property at the time such survey shall be made. Building on streetsincidents to. 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 21, 1883 TO INCORPORATE THE TOWN OF EAST ROME. No. 269. An Act to incorporate the town of East Rome, viz.: land lots two hundred and eighty-five and two hundred and eighty-six, twenty-third district, third section, Floyd county; and 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, and known and designated as lots number two hundred and eighty-five and two hundred and eighty-six, in the twenty-third district, and third section, be known and called the town of East Rome. Corporate area. Sec II. Be it further enacted , That within sixty days after the passage of this Act, a notice shall be posted in some conspicuous place in said town, calling for an election to be held within not less than three days nor more than seven days after the posting of said notice, at which election a mayor and four councilmen shall be voted for; and all citizens qualified to vote for members of the Legislature of this State, and residing in said town of East Rome, Page 412 and only such persons, shall be entitled to vote for mayor at said election; and all persons as aforesaid who shall possess and own, in their own names, realty of at least the value of five hundred dollars within the corporate limits of said town, and only such persons, shall be entitled to vote for councilmen, and shall be eligible to the offices of mayor and councilmen; and at this election, and every subsequent election held under this charter, a justice of the peace of Floyd county and two disinterested freeholders, citizens of said town, shall preside, and shall be supervisors and managers of each such election; and the persons whom they, the said managers, declare have been duly elected to the respective offices of mayor and councilmen shall be such mayor and councilmen, and shall possess all the power and authority hereinafter conferred upon them. Immediately upon the counting of the votes cast at said election, the said managers shall issue certificates to each of the persons elected, setting forth the time and place of such election, and the office to which he was elected; and such certificates shall be the highest evidence of the facts therein stated, and shall be duly recorded in a book to be kept for that purpose by the clerk of the council. Notice of election for mayor, etc. Qualification of voters. Electionhow held. Certificates, of election. Sec. III. Be it further enacted , That the mayor elected according to the preceding section shall hold office until the first day of February, 1884, or until a successor be elected; that two of the councilmen so elected shall hold office until the first day of February, 1884, or until their successors be elected, and that the other two councilmen so elected shall hold office until the first day of February, 1885, or until their successors be elected. After the councilmen elected according to the preceding section have been duly qualified, they shall draw lots in the presence of the mayor, he having also been duly qualified, in such a way as to decide between themselves which two shall hold office until the first day of February, 1884, and which two shall hold office until the first day of February, 1885, and such decision shall be entered in the book kept by the clerk of the council for the recording of the certificates of election. Terms of office. Sec. IV. Be it further enacted , That on the second Monday in January, 1884, and on the same Monday in every year thereafter, an election shall be held for a mayor and two councilmen; the mayor to hold office for one year from and after the first day of February next following his election, and the councilmen to hold office for two years from and after the first day of February next following their election; and every mayor and every councilman shall have the qualifications prescribed in section second of this Act, and shall be voted for by such citizens only as could vote for their several predecessors. Future elections for mayor and councilmen. Sec. V. Be it further enacted , That should the office of mayor or councilman become vacant, by death, resignation, loss of realty qualification, removal or otherwise, the council shall immediately order an election to fill such vacancy for the unexpired term thereof by giving thirty days' notice of the holding of such election in any newspaper published in said town, or within two miles thereof; provided , however, that no such election shall be held if the vacancy Page 413 to be filled shall be for an unexpired term of less than three months, unless the failure to hold any such election would leave the mayor and council without a quorum. Vacancies filled. Sec. VI. Be it further enacted , That any justice of the peace of Floyd county who, having been duly called upon by the supervisors or managers to preside at any election prescribed in this charter, shall neglect or refuse so to do, shall be guilty of a misdemeanor; and that all supervisors or managers of elections, held after the first election herein provided for, shall be appointed in such manner as the mayor and council may decide, but no change in the manner once established for the appointment of supervisors or managers of elections shall have force or effect until after the election next following the change. Justice of the peace failing to preside, guilty of misdemeanor. Sec. VII. Be it further enacted , That as early as may be in each February, the mayor and council shall elect from the council a mayor pro tem , who shall act in the absence of the mayor; and the mayor and council may also elect at the same time a treasurer, a clerk, a marshal, and such other officers as they may deem necessary, fixing and regulating from time to time the fees, if any, of all officers under this charter; provided , however, that said mayor and members of the council do not receive, directly or indirectly, any compensation whatever for their services as mayor and councilmen; 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. Other officers. Pay of officers. Sec. VIII. Be it further enacted , That the mayor and council aforesaid shall be known as the mayor and council of the town of East Rome, 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 the said town of East Rome, 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 the said town, and to sell, alien, exchange or lease the same or any part thereof, or convey the same or any part thereof in any way whatsoever; and the said mayor and council shall have full power and authority to pass and enforce all by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State; and to prescribe, impose and enact reasonable fines and penalties, not exceeding one hundred dollars, and imprisonment in the county jail, or place of imprisonment in said corporation, if there be one, for a term not exceeding thirty days, or both fine and imprisonment, for the violation thereof; but if any offender who shall have been fined or imprisoned by the authority of said mayor and council, shall commit a second and like offense within one year after the commission of the offense for which he was fined or imprisoned, then he may be sentenced by the authority aforesaid Page 414 to a term of imprisonment not exceeding sixty days, or a fine not exceeding two hundred dollars, or both. Corporate title. General powers and franchises. Sec. IX. Be it further enacted , That the mayor and council aforesaid shall have especial power and authority therein, to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair avenues, roads, streets, lanes, alleys, sidewalks, crosswalks, drains, sewers and gutters for the use of the public or of any citizen of said town, and to improve and light the same, and have them kept free from obstructions of any and all sorts on or over them, or between any two points in any of them; to regulate the width of the sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets, to prescribe the time for holding the same; to prevent jeopardy, injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, horses, goats, and other animals, and fowls of all kinds, from going at large in such town, or to enter therein from without the corporate limits unless in charge of competent persons, and then merely for the purpose of passing through the same; to protect places of divine worship in or about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder, and other combustibles; to regulate the running and management of steam engines, whether used by factories, cotton gins, or for any other purpose whatsoever; to limit and regulate the speed at which any animal, or any and all sorts of vehicles, howsoever drawn or propelled, may cross or traverse its avenues, streets, roads, lanes or alleys; to provide in or near said town places for the burial of the dead, to regulate interments therein, and to have full authority and power over such burial place if it be outside of the corporate limits of the same as though it were within the same; to provide, lay out, improve and maintain public parks or pleasure grounds, and have complete authority and jurisdiction over the same; to provide for the regular and safe building of houses, or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains, sewers and ditches; to make regulations for guarding against danger and damage by fire; to protect the property and persons of the citizens of such town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal or other officer in the discharge of his duties; to prescribe the power and define the duties of the officers appointed by the mayor and council, fix their term of service and compensation, require and take from them bonds when necessary, payable to such town in its corporate name, with such sureties, and in such penalties as the mayor and council may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize, or prohibit the erection of gas-works or water-works in the said town; to prevent injury to or pollution Page 415 of the same, or to the water or healthfulness of the town; to regulate and provide for the weighing of cotton, hay, coal and other articles sold or for sale in said town, and to provide a revenue for the town and appropriate the same to its expenses; to provide for the annual assessment of taxable property therein; to regulate factories; to suppress or regulate disorderly houses, places of prostitution, and lewd persons; to grant licenses to public wagons, carts, trucks and drays, and fix the fees and charges to be paid for the same; to regulate all wells, springs, sewers and privies, and to appoint suitable persons to inspect the same at reasonable times; to fix and charge license fees to be paid by any person, firm or corporation doing the business of buying or selling dry goods, hardware, groceries, provisions, or the storage or manufacture of any article or articles within the said town, and not grown upon the land thereof; to regulate and fix the license fee to be paid by any and all persons manufacturing or dealing in ale, beer, whisky, and any and all fermented and unfermented liquors; and to adopt and enforce rules for the regulation and government of themselves, the said mayor and councilmen, and all other rules and regulations, resolutions, by-laws and ordinances as may to them appear necessary and proper for the security, welfare, peace, health and morality of the said town not inconsistent with the laws of this State. Special powers. Sec. X. Be it further enacted , That it shall be the duty of the said mayor and council to keep the sidewalks lined with shade trees, set from forty to sixty feet apart, and to replace promptly all such as die or may be destroyed. Shade trees. Sec. XI. Be it further enacted , That the mayor and council shall have, in addition to powers existing under present laws, the right and power to organize and maintain work-gangs, or chain-gangs, or other means of confinement, to confine at labor therein, for a term not exceeding thirty days, except as hereinbefore provided, persons convicted of violating the ordinances of such town; and such right and power are hereby conferred upon the said mayor and council, provided such penalty shall be inflicted only as an alternative of failure or refusal to pay fines imposed for such violations. Workgangs. Chaingangs, etc. Sec. XII. Be it further enacted , That the mayor and council 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. Appearance bonds forfeited. Sec. XIII. Be it further enacted , That the mayor and each councilman shall have all the powers of a justice of the peace in signing and issuing warrants for the arrest of persons charged with committing offenses within the corporate limits of said town, against the ordinances thereof, or against the laws of this State; and the mayor or councilman presiding in the municipal court of said town shall have power and authority to bind over or commit to jail offenders against any criminal law of this State whenever Page 416 in the course of an investigation before such officer a proper case therefor shall be made out by the evidence. Ex officio a justice of the peace. Sec. XIV. Be it further enacted , That the mayor and council shall cause to be annually made, and entered upon its journal, an accurate estimate of all sums which are, or may be, lawfully chargeable on such town, and which ought to be paid within one year, and said mayor and council shall thereupon order a levy of so much as may in their opinion be necessary to pay the same; provided , however, that the tax so levied shall not be at a greater rate than one-quarter of one per centum upon the assessed value of the real estate and improvements thereon, be the same fixed or movable in said town; and, provided further, that in all cases where real estate in said town is in woodland, or used for agricultural purposes, such real estate shall not be assessed in a sum greater than similar real estate in Floyd county which is not within the corporate limits of said town; but if at any time the mayor and council shall deem it expedient that an additional sum should be expended for purposes other than the usual running expenses of the said town, they may submit the question of such additional expenditure at the next following election, and if a majority of those voting for councilmen favor such additional expenditure, then the next mayor and council thereafter may impose an extra tax, not to exceed one-quarter of one per centum, upon the taxable value of said town, as aforesaid. Town liabilitieshow provided for. Taxes. Extra expenditures how authorized. Sec. XV. Be it further enacted , That every male resident of said town, not under sixteen nor over fifty years of age, except regularly ordained ministers in the actual charge of a church and all persons who have lost one arm or one leg, shall, if required by the mayor and council thereof, work not exceeding fifteen days, by himself or an acceptable able-bodied substitute, on the avenues, streets, roads, lanes, alleys, sidewalks, cross-walks, ditches, gutters, drains, sewers, burial place or public park thereof, under the direction of such person as may be empowered by the mayor and council to have charge and supervision of public works in said town, or may be released from such work upon the payment of such amounts as may be fixed annually by the mayor and council as commutation of said fifteen days of work; and all money received under this section must be faithfully and economically expended for work on account of the public places and things herein specified. But if the labor and funds received as aforesaid are not sufficient to put and keep the avenues and other public places and things named in this section in good order and repair, and to open and build the same; then, in order to do so, or as nearly so as may be, the mayor and council shall levy a tax in accordance with section fourteen of this Act; and the mayor and council are hereby authorized to permit the enclosure of any avenue, street, road, lane or alley, or portion thereof, in said town, sought to be secluded, if the owners of any other lots, to the enjoyment of which access through said avenue, street, road, lane or alley is necessary, do not object thereto; provided , that said mayor and council may have the right to reopen the same at any time. Street dutywho liable to. Commutation tax or substitutes. Page 417 Sec. XVI. Whenever anything for which State license is required is to be done within such town, the mayor and council may require a town license therefor, and may impose a tax thereon for the use of the town, and may also require a bond, with sureties, conditioned as prescribed in section ninth of this Act, payable to such town, in such penalty as they may think proper, and may revoke such license at any time, if the condition of said bond be broken; and the said mayor and council shall have power and authority to license and regulate the management of bar-rooms, saloons, restaurants, eating-houses, hotels, private boarding houses and livery stables, and private and public transportation through the town, and in addition to the ad valorem tax provided for by law, to levy a tax on all billiard-tables, ten-pin or nine-pin alleys, and tables and alleys of any other kind used for the purpose of playing on with pins or balls, or both, within such town, and on all contrivances of whatever kind, used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a wheel or deal, or by using any other artifice or contrivance. They shall also have power and authority to tax all shows taxed by the laws of this State, which may exhibit in such town, which tax may be collected, if not voluntarily paid, by execution and levy and sale, as provided for the collection of taxes in the following section of this Act; and said mayor and council shall have full power and authority to pass all ordinances necessary to carry into effect the provisions of this section; but nothing herein shall be construed to prevent any private citizen of said town from freely having and using, as a private citizen, and with his own family and friends, any billiard or other table, or nine-pin or ten-pin, or other alley, or cards of whatever description; provided , the same be in no way put to any illegal, gambling or immoral purpose. Licenses. Bar rooms. Livery stables. Billiard tables, etc. Shows, etc. Sec. XVII. Be it further enacted , That it shall be the duty of the marshal of said town, or other proper officer, to collect all town taxes, fines, levies, assessments or other charges, and in case the same are not paid within one month after they are placed in his hands for collection, the mayor and council shall issue execution therefor, and the marshal, or other proper officer, may levy and sell therefor, in like manner and under the same regulations as the officers of the State are now authorized to levy and sell under other executions. Duties of marshal to collect taxes, etc. Sec. XVIII. Be it further enacted , That there shall be a lien on real estate within such town, for the town taxes assessed thereon, and for all other fines, fees and penalties assessed or imposed upon the owners thereof, by the mayor and council, from the time the same are assessed or imposed, which shall have a priority over all other liens, except the lien due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the mayor and council may by ordinance prescribe. Lien for taxes. Payment of taxeshow enforced. Sec. XIX. Be it further enacted , That the mayor shall be chief executive officer of said town; he shall take care that the orders, by-laws, ordinances, rules, regulations, acts and resolutions of the council, are faithfully executed; he shall be ex-officio justice of the Page 418 peace within the town; he shall within the corporate limits of the same possess and exercise all the powers and duties vested by law as a justice of peace, except that he shall have no jurisdiction as such in criminal cases, other than to such an extent as particularly specified in this Act; he shall have control of the police of such town, and may appoint special police officers whenever he deems it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in the town before issuing his warrant therefor; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party in default to the jail of Floyd county, or other place of imprisonment in such town, if there be one, until the fine or penalty or costs shall be paid; but the term of imprisonment in such cases shall not exceed thirty days, except as specified in section eight of this Act. In the absence from the town, or the sickness of the mayor, or during any vacancy in the office of the mayor, any one of the councilmen, selected by the majority, shall perform his duties and be vested with all his powers But any person dissatisfied with the decision or judgment made in his or her case by the mayor and council, may appeal from the same to the Superior Court of Floyd county by certiorari . Chief executive. Powers and duties of mayor. Sec. XX. Be it further enacted , That the expense of maintaining any person committed to the county jail, or other place of imprisonment by the mayor, shall be paid by the town, and all costs incurred in the incorporation of the town shall be paid by the same. Expenses of persons committed to county jailhow paid Sec XXI. Be it further enacted , That the question of extending the limits of said town shall be in such manner as the mayor and council may prescribe, submitted to the citizens and land owners of the district to be included, and if two-thirds of such people vote for such extension, the same may be made; but all streets, roads, lanes and alleys which at any time may run along the boundary lines of said town, shall be a part of such town for their full widths, and to the extent of their contiguity, the same as though they were originally included in this Act. Extending corporate limits. Sec. XXII. Be it further enacted , That it shall not be lawful for any person holding office under the town of East Rome, during the time for which he was elected or appointed, to be capable of contracting with the said corporation for the performance of any work of any sort which is to be paid for out of the treasury of said town, nor shall any such person be capable of holding or having any interest in any such contract, either by himself or by another, directly or indirectly. Any persons guilty under this section shall be punished as prescribed in section twenty-four of this Act. Officers of said town can not contract with, etc. Sec. XXIII. Be it further enacted , That the mayor and councilmen of said town shall before entering upon their respective duties, and within thirty days after their election, take and subscribe to the following oath before a justice of the peace in Floyd county: I, A. B., do solemnly swear that I will, to the best of my ability, discharge Page 419 the duties of the office for which I am now qualifying, viz.: [of mayor or councilman] of the town of East Rome during my continuance in said office, so help me God. Official oath. Sec. XXIV. Be it further enacted , That in case the mayor or any councilman of the said town, while in office, shall be guilty of willful neglect, malpractice or abuse of said office, he 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. Malpractice, etc. Sec. XXV. Be it further enacted , That the mayor and councilmen may transact business when a majority of them are present, and the mayor, or the mayor pro tem. , shall preside at all meetings, and shall have the casting vote; and a majority vote shall determine all questions and elections before the said mayor and council. Quorum. Sec. XXVI. Be it further enacted , That the funds of the said town shall be paid out in accordance only with such resolutions as may be passed by the mayor and council; and that the said mayor and council shall have special power and authority to make all contracts in their corporate capacity, not inconsistent with this Act, which they may deem necessary for the welfare of said town, except that they shall not create or allow to be created any debt of any kind on account of the said town, unless ample funds for the payment of any and all such debts shall be at the time on hand in cash, or actually due upon the tax books, and not set apart for any other purpose, and no bond, note, time bill, acceptance, mortgage, or other evidence of indebtedness whatever shall be made, signed, issued, uttered or negotiated by the said mayor and council, or their authority, or the authority of any of them, for or on behalf of the said town. Disbursement of town funds. Contractsby whom made. Sec. XXVII. Be it further enacted , That the mayor and council shall have a proper and substanti l book, in which a true record shall be kept of all their official acts and proceedings, and of the rules, resolutions, regulations, ordinances and by-laws passed by them; and this book shall be at all convenient times open for inspection by any citizen of the said town. They shall also have durable tax books, and systematically arranged and clearly-kept books, in which a record of every financial transaction of the town shall be kept and permanently preserved; and all these records and books shall be at all reasonable times open for inspection by any citizen of said town. Record to be kept. Tax books. Sec. XXVIII. Be it further enacted , That between the first and tenth days of January, in every year, a clear and complete statement of the receipts and expenditures on account of the town of the previous year, shall be advertised in a newspaper published in said town, or within two miles thereof, and every such statement must show from what sources the receipts were had, and on what several accounts the payments were made, and furthermore, the amounts due and owing the town, and by what class of debtors. Finally, a complete list of the assets and property owned by the town, on the first day of January next preceding the advertisement, must be appended Page 420 thereto, and the whole properly verified in such manner as the mayor and council shall by ordinance direct. Statement to be annually made and published. Sec. XXIX. Be it further enacted , That the mayor and council shall cause to be opened a book for the registration of voters sixty days before every regular election held under this charter, and keep the same open on every Saturday thereafter until the said book has been open for six days, 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, or at any special election called to fill a vacancy or vacancies. So soon as the registration has been finished by limitation of time, the mayor and council shall have the entire list of names advertised weekly, until the election day, in a newspaper published in said town, or within two miles thereof. Registration of voters. List of voters is to be advertised. Sec. XXX. Be it further enacted , That no person shall be allowed to register or vote at any election held under this charter who has not been a citizen of the State for six months immediately preceding the election, and a citizen of the said town for sixty days immediately preceding the election, or who shall owe the said town for taxes, assessments, license fees, fines or costs. Who may register and vote. Sec. XXXI. 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 24, 1883. TO INCORPORATE THE TOWN OF TALKING ROCK, IN PICKENS COUNTY. No. 274. An Act to incorporate the town of Talking Rock, in the county of Pickens, and to define the limits and powers of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Talking Rock, in the county of Pickens, be, and the same is hereby incorporated as a town under the name of the town of Talking Rock. Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one-fourth mile in every direction from the depot of the Marietta and North Georgia railroad in said town. Corporate limits defined. Sec. III. Be it further enacted , That, on the second Saturday in September, 1883, or as soon thereafter as may be practicable, and annually thereafter, on the same day, an election shall be held in said town for a mayor and five 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 eligble to the office of mayor or councilman of said town, whose place of business or residence is not within the corporate limits of said town, and who is not qualified Page 421 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 certificates of the managers shall be a sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Election for mayor and councilmenwhen held. Terms of office. Who is elible. Electionhow held. 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 Talking Rock, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. Sec. V. Be it further enacted , That said mayor and councilmen shall have power and authority to elect such marshal, 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. Marshal clerks and other officers elected by mayor and council. Sec. VI. 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 the violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor and each councilman an ex-officio justice of the peace. Their powers. 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. Mayor and council may make all needed by-laws. Sec. VIII Be it further enacted , That said mayor and councilmen shall have power to levy and collect a tax of not exceeding threetenths 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 corporation limits, or whose place of business and residence are within said 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. May levy and collect a tax on all property. May compel persons liable, to work streets or pay commutation tax. Sec. IX. Be it further enacted , That the said mayor and councilmen shall have the exclusive power to regulate the sale of intoxicating liquors or bitters in said town, to grant licenses or withhold them, to fix the fees for the same when granted, and to impose penalties on any person selling liquors in said town without license. May regulate the sale of liquors and enforce penalties. Sec. X Be it further enacted , That the mayor and council shall have power and full authority to charge, assess and collect such special tax as may be fixed by ordinance from all persons carrying Page 422 on any kind of business or calling within the corporate limits of said town. Special tax on business. 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 all ordinances, by-laws, rules and orders of the council are faithfully executed, and that the streets of said town are properly worked, and may, in connection with the councilmen of said town, lay out or change any street or road within said corporate limits. Said mayor 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 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 execution 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 in the guard-house of said town not exceeding twenty days. Mayor shall be chief executive of said town. His powers and duties as such. May appoint special police. He shall have power to issue executions for fines, etc. 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 number 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 in office of mayor or councilhow filled. 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 24, 1883. AUTHORIZING REMOVAL OF PERSONS HAVING SMALL-POX IN AMERICUS TO A SMALL-POX HOSPITAL. No. 275. An Act to authorize the mayor and city council of Americus to remove persons who shall have small-pox within said city to a small-pox hospital or pest-house, except those who shall provide, at their own expense, suitable and sufficient guards to properly quarantine the premises where the case or cases of said disease may be located, and to establish such quarantine regulations against persons who have been exposed to small-pox as they may deem proper. 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 mayor and city council of Americus shall have power to establish a small pox hospital or pest-house and in case of small-pox within said city, to cause to be Page 423 removed to said small-pox hospital or pest house all persons afflicted with said disease, except such persons as shall at their own expense provide suitable and sufficient guards to successfully quarantine the premises where the case or cases of small-pox may be located; and the said mayor and city council shall have authority to establish such quarantine regulations against persons who have been exposed to small-pox as they may deem proper. May establish a small-pox hospital. May remove cases of small pox to hospital. May enforce quarantine regulations. 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 24, 1883. TO INCORPORATE THE TOWN OF BRONWOOD, IN THE COUNTY OF TERRELL. No. 281. An Act to incorporate what is at present known as Brown's Station as the town of Bronwood, to incorporate said town of Bronwood, in the county of Terrell, to fix the corporate limits thereof, 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 what is at present known as Brown's Station, in the county of Terrell, be incorporated as the town of Bronwood; and the town of Bronwood, in the county of Terrell, is hereby incorporated as a town under said name of Bronwood. Corporate name. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town of Bronwood shall extend one 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 T. A. Chappell be, and he is hereby appointed mayor of said town, and James J. Hill, O. N. Geise, E. K. Smith, G. P. Simpson and T. U. Sessions be, and they are hereby appointed councilmen of said town of Bronwood, to hold their offices until the first annual election, as hereinafter provided, and until their successors are elected and qualified as hereinafter prescribed. Mayor. Councilmen. Sec. IV. Be it further enacted by the authority aforesaid , That on the second Wednesday in January, 1884, and annually thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five 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 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 Page 424 in this State, and the certificates 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. Said certificate shall be recorded by the clerk of said council on the minutes. Elections. Who may vote or hold office. Electionhow held. Certificate of managers. Sec. V. Be it further enacted by the authority aforesaid , 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 the duties devolving on me as mayor (or councilman, as the case may be) of the town of Bronwood according to the best of my ability and understanding, so help me God. Official oath. Sec. VI. Be it further enacted by the authority aforesaid , 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 prescribe the fees and duties of all such officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Marshal, clerk etc.how e ect ed. Fees. Bonds. Sec. VII. Be it further enacted by the authority aforesaid , 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 violations 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. Ex-officio a justice of the peace. Sec. VIII. Be it further enacted by the authority aforesaid , 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 or of the United States. May pass all ordinances necessary. Sec. IX. Be it further enacted by the authority aforesaid , That said mayor and councilmen 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 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. Said mayor and council shall have power to lay off, alter and establish streets, to remove obstructions therefrom, and to abate nuisances. May tax property. Enforce street work. Sec. X. Be it further enacted by the authority aforesaid , That the said mayor and councilmen shall have exclusive power to regulate the sale of intoxicating liquors in said town; to grant licenses or withhold them; to fix the fee for the same when granted, and to impose penalties upon any person selling liquors in said town without license, and tax all shows, ten-pin alleys, billiard tables, pool tables or other like devices. Intoxicating liquors. Shows, games, etc.taxed. Sec. XI. Be it further enacted by the authority aforesaid , That the mayor of said town, and in his absence the mayor pro tem . (who Page 425 shall be elected by the councilmen from their own number), shall be the chief executive officer of said town. He shall see that all 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, 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 execution 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 not exceeding thirty days. The collection of taxes within said town may be enforced by execution, signed by the clerk and attested by the mayor, and may be levied by the marshal of said town, who shall advertise and sell the property levied on under the same rules and regulations as apply to sheriffs' sales and levies. Chief executorhis powers. Payment of taxeshow enforced. Sec. XII. Be it further enacted by the authority aforesaid , That if at any time the office of mayor or councilman shall become vacant, by death, resignation or otherwise, the members of the council shall order an election to fill such vacancy, to be held within thirty days thereafter. Vacancieshow filled. Sec. XIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 24, 1883. TO AMEND THE CHARTER OF THOMASVILLE. No. 282. An Act to amend an Act entitled an Act to incorporate the town of Thomasville, and to grant certain privileges to the same, and to define its limits and to create a board of tax assessors for said town, to authorize the mayor and council thereof to complete the survey of said town and to regulate the method of assessing and collecting tax on realty. 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 mayor and council of the town of Thomasville shall, from and after the passage of this Act, have authority and they are hereby vested with authority to have said town surveyed and to number said lots and squares designating the same by letters or figures, or both, as to the said mayor and council may seem best and most convenient; said survey shall be made as soon as practicable, under the direction of said mayor and council by a competent surveyor, and shall conform as far as said mayor and Page 426 council may deem necessary with original survey of said town made by authority of an Act of the General Assembly of Georgia, approved December 24, 1847; said mayor and council shall have made a complete and full map of said town when so surveyed, which map shall show the number and location of each lot and also its dimensions. The lots into which said town is laid off under this Act, shall as far as the same is practicable be of uniform size and shape. The map herein provided for shall, by said mayor and council, be kept and carefully preserved in some safe and convenient place and shall, at all times be open to the free inspection of the citizens of said town Sec. II. Be it further enacted by the authority aforesaid , That section twenty-one of the above recited Act which is in the following language, be and the same is hereby repealed: Section 21. That it shall be the duty of all tax-payers and owners of taxable property in said town, and they are hereby required, to make annual returns under oath, to the clerk of the council or such other officer as the mayor and council may appoint for that purpose, of all their taxable property, held in their own right or the right of any other person, also professions in said town, and in case any person shall fail or refuse so to do, the clerk may fix the value of such property and assess a double tax thereon as provided by the laws regulating tax returns in the State, and in case any person shall make any returns which said mayor and council may deem incorrect, then the said mayor and council may assess such property and fix such value upon it as they may deem correct, and all taxes levied or imposed by said mayor and council shall be collected as follows: An execution shall be issued by the clerk of council, directed to the marshal of said town against the estate, real and personal, of each defaulter, and shall be levied by the marshal, and after advertising thirty days in some public gazette, he shall se he property so levied on before the court house door in said town on some regular sheriff's sale day and within the legal hours of sheriff's sales, and the deed of said marshal made in accordance with such sales shall be as effectual to pass the title as the deeds of such defaulters, and an execution so issued shall bind all the property of the defendant from the date of the same. In lieu thereof the following shall be, and is, substituted and adopted: That it shall be the duty of the mayor and council of said town at the second regular meeting after the first annual election for mayor and aldermen after the passage of this Act, every five years thereafter to elect five upright, intelligent and discreet freeholders of said town to serve as a board of tax assessors for said town for five years, or until their successors are elected and qualified, and in case of death or resignation of an member, said board shall have authority to fill by election the unexpired term of said deceased or resigned member. It shall be the duty of said assessors between the first of April and July in each year to make out a complete list of all lots in said town, as the same are shown on the city map, to assess for taxation each lot at its reasonable and just value, and to return such list to the mayor and council; the list so made out shall show number or Page 427 letter of the block or square, and the number of the lot opposite which shall be set its value as assessed by said board, and shall be returned together with returns of personalty made by them, to the mayor and council on or before the first day of August, and any person dissatisfied with the valuation placed upon their realty by said board shall have the right to appeal to the mayor and town council, who shall review the assessment of said board complained against and confirm or set aside said assessment as in their judgment is just and proper, and in the event they reverse the action of said board they shall order said board to make a new assessment of said property or shall, if they so elect, make said assessment themselves; said board shall before assuming the duties of their office take an oath to faithfully and impartially discharge such duties, and shall receive for their services such compensation as the mayor and council may prescribe. It shall be the duty of all tax payers or owners of taxable personal property in said town, and they are hereby required to make annual returns under oath to the tax assessors of said town, or such other officer as the mayor and council may appoint for that purpose, of all their personal property which is taxable by the State of Georgia, held in their own right or in the right of any other person, and in case any person shall fail or refuse so to do, the tax assessors shall assess said person at double said person's last return, and in case any person shall make any returns which said mayor and council may deem incorrect, then the said mayor and council may assess such personal property and fix such value upon it as they may deem correct; all personal property returned for taxation by the owner or owners thereof or assessed as above set forth and all real property assessed as herein provided, shall be taxed as the charter of said town authorizes and provides, and whenever the taxes levied or imposed by said mayor and council are not paid on or before the first day of October in each year the same shall be collected as follows: an execution shall be issued by the clerk of council, directed to the marshal of said town, against the real and personal estate of each defaulter, and in case of real property the owner of which is unknown, against the said real property, describing it by its proper number and square, which execution shall be levied by the marshal, and after advertising the same thirty days in some public gazette published in said town, he shall sell the property so levied on before the court-house door in said town on some regular sheriff's sale day, and within the legal hours of sheriff's sales, and the deed of said marshal, made in accordance with such sale, shall be as effectual to pass the title as the deeds of such defaulters; provided , that the property so sold may be redeemed as provided for in section 3656 (b) of the Code of Georgia. Board of tax assessors to be elected. Term of Vacancieshow filled. Duties of assessors. Right of appeal from assessment. Duty of mayor and council. Assessors to take an oath. Duty of tax payers. Duty of assessors when taxpayers fail to return personal property or make incorrect returns. Propertyhow taxed. Collectionshow enforced. Right of redemption. 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 24, 1883. Page 428 CHARTER OF ROME. No. 290. An Act to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various Acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city. Section I Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That the inhabitants of the territory hereinafter designated are hereby continued corporated by the name and style of the city of Rome, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this charter nor the Constitution and laws of this State nor of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law to purchase, hold, receive, enjoy, possess and retain, for the use and benefit of the said city of Rome, in perpetuity or for any term of years any estate or estates, real or personal, lands, tenements, hereditaments of whatever kind or nature soever, within the limits or without the limits of said city, for corporate purposes; to hold all property and effects now belonging to said city, either in her name or the name of others, to the use of said city, for the purposes or intents for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and use a common seal. Corporation of Rome continued. General powers. Sec II. Be it further enacted , The corporate limits of the city of Rome are hereby declared to be as follows: Commencing on the southeast bank of the Etowah river east of said city at the point where the present corporation line strikes the river, thence down the southeast bank of said river to its junction with the Oostanaula river, thence up the northwest bank of said river to the south line of land lot 236, thence south alon said south line of land lot 236 and 235 to the southwest corner of land lot 234, thence south along the land line dividing 234 and 247 to the starting point; provided , that the lands of Louis D. Burwell, embraced in the above and foregaing, be, and the same are hereby declared to be without the corporate limits of said city; and, provided, further , that the ground of the new cemetery adjacent to said city and known as Myrtle Hill cemetery, inclusive of the street or highway to the same from the Etowah bridge to the main entrance to the cemetery, be, and the same are hereby declared to be within the corporate limits of the said city of Rome. Corporate limits. Sec. III. Be it further enacted , There shall be elected at the next annual election, and biennially thereafter, a mayor, who shall hold Page 429 his office for two years; the mayor, in all cases, to 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, removal or otherwise, the mayor pro tem. or in case his seat is vacant, a majority of the council shall order a new election, by giving at least ten days' notice in any one or more of the city papers, or at two of the most public places in said city; and said election so held shall be managed in the same manner as the elections to be held in chief, according to the provisions of this charter; provided , however, if the office of mayor shall become vacant at any time within three 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. Mayor. Sec. IV. Be it further enacted , That he shall be ineligible for the succeeding term; he shall be chief executive of said city; he shall see that all the laws and ordinances of the city are faithfully executed; he shall receive for his services a sum not exceeding six hundred dollars per annum, which shall not be changed during his term of office; he shall have power to convene the council in extra session whenever, in his judgment, the exigencies of the case may require it. Powers of mayor. Sec. V. Be it further enacted , 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 city for the trial of offenders against the ordinancs of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding five hundred dollars and imprisonment, or labor on public works not exceeding six months for each offense. The like authority may be conferred upon any three members of council, to be regulated by ordinance. Mayor's court. Penalties. Sec. VI Be it further enacted , 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 city, which warrants shall be executed by the marshal, deputy marshal or policemen, and commit to the jail of the county of Floyd, or admit to bail, offenders for their appearance at the next superior court thereafter, for the county of Floyd; and it shall be the duty of the jailor of the county of Floyd to receive all such persons so committed and safely to keep the same until discharged by due course of law. Powers of mayor continued. Sec. VII. That he shall have no vote except in a case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by council; and the said mayor shall have four days after the meeting at which the council voted in which to file with the clerk, in writing, his dissent; but the council may, in the manner prescribed by this charter for voting on such questions, pass the said order, ordinance or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by yeas and nays, and entered on the minutes. Powers to mayor continued. Veto. Page 430 Sec. VIII. Be it further enacted , In the absence of the mayor, this power may be exercised by the presiding officer for the time being. Absence of mayor. Sec. IX. Be it further enacted , Before entering on the discharge of the duties of his office, he shall take and subscribe to 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 the mayor for the city of Rome during my continuance in office, so help me God. Oath of mayor. Sec. X. Be it further enacted , The mayor, after being qualified, shall have full power and authority to administer the oath of office to each member of the board of council. Oath of council. Sec. XI. Be it further enacted , The legislative department of said city shall be vested in a mayor and board of councilmen, and shall be styled the mayor and council. Legislative department. Sec. XII. Be it further enacted , The mayor and members of council shall be citizens of the State of Georgia, who have attained the age of twenty-one years, and who shall have been citizens of the county of Floyd and residents of the city of Rome for two years next preceding the election, and shall be qualified voters of the city of Rome. Qualifications for mayor and council. Sec. XIII. Be it further enacted , There shall be elected, at the next annual election, six councilmen by general ticket. Three councilmen shall be elected for one year and three for two years. At all subsequent elections, except to fill vacancies, the councilmen shall be elected for two years. The election for councilmen shall be annual, so that one-half shall go out every year. They shall be ineligible for the succeeding term. The councilmen shall receive for their services a sum not exceeding two hundred dollars per annum, which shall not be changed during their continuance in office. Election and salaries of councilmen. Sec. XIV. Be it further enacted , A majority of councilmen shall constitute a quorum, but in all cases a less number may adjourn from time to time and compel the attendance of absentees. Any councilman shall have the right to call for the yeas and nays, and have the same recorded on the minutes in all cases. Quorum. Yeas and nays. Sec. XV. Be it further enacted , That the said mayor and council shall have full power and authority to pass all by-laws and ordinances, orders and resolutions respecting public buildings and grounds, cemeteries, magazines, water-works, with all its mains, fire-plugs, work-houses, public houses, carriages, wagons, carts, drays, omnibuses, fire engines, trucks, hose-reels, care of the poor, suppression of houses of ill-fame and disorderly houses, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof, and every other by-law, regulation, resolution, order and ordinance that may seem to them proper for the security of the peace, health, order and good government of said city, and for the prevention of cruelty to animals. General powers of councilmen. Sec. XVI. Be it further enacted , The said mayor and council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said city, and to Page 431 punish offenders by fines not exceeding five hundred dollars, and imprisonment in the calaboose not exceeding six months, or both, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines to work on the streets or public works of said city. They shall have power to compel offenders sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. Punishment offenders. Sec. XVII. Be it further enacted , Each member of the board of councilmen shall be, to all intents and purposes, a justice of the peace, so far as to enable them, or any one or either of them, to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal, deputy marshal or policeman, and commit to jail of the county of Floyd, or admit to bail, offenders ( provided , the offense is bailable) for their appearance before the next superior court thereafter for the county of Floyd; and it shall be the duty of the jailor of said county to receive all such persons so committed, and safely keep the same until discharged by due course of law. Power to issue warrants, etc. Sec. XVIII. Be it further enacted , It shall not be lawful for the mayor or any member of the board of councilmen to be interested, either directly or indirectly, in any contract with the city of Rome, the mayor and council, or any one or more of them, having for its object the public improvement of the city, or any part thereof, or the expenditures of its moneys. Any violation of this section by the mayor or any member of the council shall, on conviction thereof, be punished as prescribed in section 4310 of the Code of this State. Mayor and council may not be interested in contracts. Sec. XIX. Be it further enacted , Each member of the board of councilmen shall in all cases hold his office until his successor is elected and qualified. In case a vacancy shall occur by death, resignation, removal, or otherwise, the mayor, in case his seat is vacated, the mayor pro tem , or a majority of the board of councilmen, shall order a new election by giving at least ten days' notice in one or more of the city papers, or at two or more of the public places in said city, and said elections, so held, shall be managed in the same manner as the election to be held in chief, according to the provisions of this charter, on the subject of elections. Terms of councilmen. Sec. XX. Be it further enacted , The mayor and board of councilmen shall be elected on the first Tuesday in December, but the officers elected shall not enter upon the discharge of their duties until the first Monday in January next thereafter, and shall hold office as heretofore provided in this charter. General election. Sec. XXI. Be it further enacted , Any person qualified to vote for members of the General Assembly shall be entitled to vote for mayor and board of councilmen; provided , that they have registered their names, occupation, age and residence in the office of the clerk of council as required by this charter. Qualifications of electors. Sec. XXII. Be it further enacted , It shall be the duty of the clerk of council to open a list for the registration of voters on the first Monday in September in each and every year, which list shall be Page 432 kept open until the third Saturday in November following, at 7 o'clock P. M., when it shall be closed. It shall be the duty of said clerk, upon the personal application of any person entitled to vote as aforesaid within the time prescribed for the list to be kept open to register the name, age, occupation and place of residence of the applicant; but no person shall be entitled to register who has not paid the taxes, fines and forfeitures required of him by the laws and ordinances of said city, or one who has not had a continued residence within the corporate limits of the city for thirty days immediately preceding the election. The clerk may in any case administer an oath to the applicant touching his right to be registered. It shall be the duty of the said clerk to arrange and publish an alphabetical list of the names so registered in one or more of the city papers at least once a week, beginning on the second Monday in September, and ending the first Tuesday in December following; but it shall not be necessary to publish the age, occupation or residence of said voters. Regis ration of voters. Sec. XXIII Be it further enacted , The clerk of council shall furnish the managers of election for mayor and board of councilmen of said city, before the opening of the polls, a complete list of names, age, occupation and residence of said registered persons, and when said election is over the same shall be returned to the clerk. The presiding managers of said election shall be authorized to administer the following oath to any persons attempting to vote: You do solemnly swear that you are citizen of the United States; that you have resided in the State of Georgia twelve months; in the county of Floyd six months; and within the corporate limits of this city for thirty days immediately preceding this election; that you are twenty-one years of age; that you have been registered in the time prescribed by this charter; that you have paid all taxes, fines and forfeitures due the city which have been required of you, so help you God. Lists of voters furnished election managers. Oath of electors. Sec. XXIV. Be it further enacted , Any person voting at such election, who is not qualified to vote, shall be guilty of a misdemeanor, and, on conviction before the superior court of Floyd county, shall be punished by fine and imprisonment, or both, at the discretion of the court. Illegal voting. Sec. XXV. Be it further enacted , The persons authorized to hold elections under this charter are ordinaries, justices of the peace and freeholders. There must be three managers, and one must be either an ordinary or justice of the peace, except in a certain contingency hereinafter to be set forth. Persons who cannot read and write shall not be competent to serve as managers. Managers of elections. Sec. XXVI. Be it further enacted , Before proceeding with the election each manager must take and subscribe the following oath: All, and each of us, do solemnly swear that we will faithfully superintend this day's election; that we are ordinaries, justices of the peace, or freeholders (as the case may be); that we will make a just and true return thereof, and not knowingly permit any one to vote, unless we believe he is entitled to do so according to the provisions of this charter and the laws of this State, nor knowingly Page 433 prohibit any one from voting who is so entitled by law, and will not divulge for whom any vote was cast, unless called on under the law to do so, so help me God. Said affidavit shall be signed by the managers in the capacity each acts in full, both as to name and station, and not by abbreviation. Oath of managers. Sec. XXVII Be it further enacted , Said oath shall be taken before some officer qualified to administer an oath, if present, and if none such are on the spot and acting at the time required, then said managers may swear each other, and the oath shall be of the same effect as if taken before a qualified officer. How sworn. Sec. XXVIII. Be it further enacted , The place of holding all elections under this charter is at the City Hall, and the time of day for keeping open the election is from seven o'clock a. m. to six o'clock p. m., and if by nine o'clock a. m. on the day of election there is no proper officer present to hold the election, or there is one and he refuses, three freeholders may superintend the election, and shall administer the oath required to each other, which shall be of the same effect as if taken by a qualified officer. Place and hours for elections. Absence of election officers. Sec. XXIX. Be it further enacted , All votes shall be by ballot. There shall be kept by the managers, or by three clerks, three lists of the names of voters which shall be numbered in the order of their voting, and also three tally sheets. As each ballot is received the number of the vote on the list shall be marked on his ballot before being deposited in the box. Gener conduct of elections. Sec. XXX. Be it further enacted , When any vote is challenged and sworn, it shall be so written opposite his name on the list and also on his ballot. Challenge of vote. Sec. XXXI. Be it further enacted , The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed, if a candidate, in person, or by written authority, objects. When the votes are all counted out there must be a certificate signed by all the managers, stating the number of votes each person voted for received, which certificate shall be placed in an envelope and sealed and addressed to the mayor and council of the city of Rome, and delivered to the clerk of said council to be by him delivered to said mayor and council at their first regular meeting after said election and each list of voters and tally sheets must have placed thereon the signatures of the managers. Counting of votes. Returns. Sec. XXXII. Be it further enacted , The ballots shall not be examined by the managers or the bystanders, but shall be carefully sealed in a strong envelope (the managers writing their names across the seals) and delivered to the clerk of the council, by whom they shall be kept unopened and unaltered for sixty days; after which time if there is not a contest begun about said election, the said ballot shall be destroyed without opening or examining the same or permitting others to do so And if the clerk shall violate or permit others to violate this section, he and the person violating shall be subject to be indicted and fined not less than one hundred dollars, nor more than five hundred dollars, and said fine shall be paid into the city treasury, less the cost of trial. Disposition of ballots. Penalty. Sec. XXXIII. Be it further enacted , For the purpose of raising Page 434 revenue for the support and maintenance of said city government, including the payment of the interest upon the present city bonded debt and creating a sinking fund for its final extinguishment, the mayor and council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, not exceeding one per cent, thereon; provided , that in addition thereto, they shall have power and authority to levy and collect an ad valorem tax of one quarter of one per cent upon the values of all real and personal property in said city to be known as public school tax as now authorized by Act of the General Assembly, approved August 11th, 1881, which under the laws of this State is subject to taxation; provided nevertheless, that all assessments of real estate shall be made at the cash market valuation. General taxes. Public school tax. Sec. XXXIV. Be it further enacted , They shall have full power and authority to regulate the retail of ardent spirits within the corporate limits of said city, and at their discretion to issue license to retail or to withhold the same and to fix the price to be paid for license at any sum they may think proper, not exceeding two thousand dollars per annum; and no person or persons shall sell by retail any spirituous liquors within the same, without first obtaining said license. They shall also have power and authority to pass such by-laws, resolutions or ordinances for the proper governing and control of the sale of ardent spirits as to them may seem proper. Ardent spirits. Sec. XXXV. Be it further enacted , The said mayor and council shall have power to pass such ordinances as they may think proper in regard to granting license to theatrical companies or performances, or for circuses, shows or other exhibitions; provided the price to be paid for such license when granted, shall not exceed two hundred dollars for each performance or exhibition. Shows, etc. Sec. XXXVI. Be it further enacted , That the said mayor and council shall have full power and authority to prohibit the selling of lager-beer or other fermented drinks without the obtaining of a license for that purpose; provided , the owner or keeper of each house or saloon kept for that purpose shall not be required to pay exceeding the sum of one hundred dollars for a license for one year. They shall have full power and authority to license billiard tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, renting or for any other purpose, 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 or balls or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars per annum on each table, alley or track. drinks. Billiard tables, etc. Sec. XXXVII. Be it further enacted , They shall have power and authority to license pawnbrokers, define by ordinance their powers and privileges, to impose taxes upon them, to revoke their license and generally to exercise such superintendence over pawnbrokers as will insure fair dealing between them and their customers. Pawn brokers. Sec. XXXVIII. Be it further enacted , That said mayor and council shall have the power to levy and collect from itinerant traders Page 435 who may directly or indirectly, by themselves or others, sell any goods, wares, or merchandise in the said city, such tax as to them may seem proper. Itinerant traders. Sec. XXXIX. Be it further enacted , That the said mayor and council 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, prosecute, or carry on, any trade, business, calling, or avocation, or profession, within the corporate limits of said city, to register their names and business calling, vocation or profession, annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not inconsistent with the laws of this State. Registry of occupations. Licenses. 1. To require all bankers, brokers and commission merchants, to pay for their business license during each year a sum not exceeding three hundred dollars. 2. To require all retail liquor dealers to pay for their license not exceeding two thousand dollars per annum. 3. To require all liquor dealers, including druggists who sell for other than medicinal purposes, to pay for such registration and license, not exceeding five hundred dollars. 4. To require all other persons to pay for each registration and license, not exceeding one hundred dollars. Sec. XL. Be it further enacted , That the said mayor and council shall have full power and authority to license vendue master or vendue masters and junk dealers for said city, define by ordinance their powers and privileges, to impose taxes upon them, to revoke their license, and generally exercise such superintendence over their occupations as may be by them deemed proper and right. Vendue masters and junk dealers. Sec. XLI. Be it further enacted , All money collected from water rents and any other income from said water-works shall be paid as collected to the clerk of council of the city, and by him into the city treasury, and the necessary funds to carry on said water-works shall be paid out of the city treasury on orders of the mayor and council. Income from water works. Sec. XLII. Be it further enacted , The annual appropriation for water-works shall never exceed the estimated income, except in an extraordinary emergency, to be judged of by the mayor and council. Appropriation for water works. Sec. XLIII. Be it further enacted , That the mayor and council shall regulate the distribution and use of said water in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof and time of payment, and they shall erect such number of public hydrants and in such places as they may see fit, and direct in what manner and for what purpose the same shall be used, all of which they may change at their discretion. Use of water. Sec. XLIV. Be it further enacted , That said mayor and council shall have full power and authority to require the payment in advance for the use or rent of water furnished by them in or upon any building, place or premises, and in case prompt payment shall not Page 436 be made they may shut off the water from such building, place or premises, and shall not be compelled again to supply said building-place or premises with water until said arrears, with interest thereon, shall be fully paid. Payment for water. Sec. XLV. Be it further enacted , That the said mayor and council shall make no contracts for the price of using the water for a longer time than two years, and at the expiration of any term or lease the price paid for the use thereof shall be adjusted according to the regulation then established. Contracts for water. Sec. XLVI. Be it further enacted , That if any person or persons shall maliciously or willfully divert the water, or any portion thereof, from the said works, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, pipe, cordant, machinery, or other property use or acquired for procuring or distributing the water, such person or persons, and their aiders and abetters shall forfeit to the said mayor and council, to be recovered in an action of trespass treble the amount of damages besides costs of said suit, which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors under the laws of this State; and parties found guilty thereof may be further punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court. Diversion or corruption of water. Damage to pipes, etc. Sec. XLVII. Be it further enacted , That the said mayor and council shall have power to make rules and regulations respecting the introduction of water into or upon any premises, and from time to time to regulate the use thereof in such manner as shall seem to them necessary and proper, and the said mayor and council, and all engineers, superintendents or inspectors in the service of the waterworks, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other places where said water is taken and used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stop-cocks and other apparatus connected with the said works for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the manner directed in permits issued therefor, and if any person refuse to permit such examination or oppose or obstruct such officer in the performance of such duty, he, she or they so offending shall be liable to such penalty not exceeding ten dollars for each offense as the mayor may impose, and the supply of water may also be shut off until the required examination is made and such alterations and repairs are completed as may be necessary. Rules for use of water. Sec. XLVIII. Be it further enacted , That hereafter the mayor and council of the city of Rome shall incur no debt of whatever kind, or engage the credit of said city for any purpose until the present bonded debt of said city is fully paid and canceled. City debt. Sec. XLIX. Be it further enacted , That the mayor and council of the city of Rome are hereby prohibited from issuing checks or other evidences of debt, or promises to pay, unless the money is in the city treasury to meet the same. Checks, etc. Sec. L. Be it further enacted , That the annual expenses of the Page 437 city of Rome shall be so restricted as not to exceed the annual income of the city after paying the interest on her bonds and providing a sinking fund for the final payment of the principal of said bonds. Annual expenses. Sec. LI. Be it further enacted , That the said mayor and council shall make, or cause to be made, an early assessment on city property, which assessment shall in all cases be made at the cash market valuation of the same, so that the returns of the assessors can be completed and handed in by the first day of April of each year, and after all other returns for taxation shall be made, which in all cases shall be the sworn returns of personal property, to be made by the first day of May of each year. Upon the return of the assessors being handed in as above provided, the said mayor and council shall, by the tenth day of May thereafter, cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the city for the fiscal year, ascertained by the assessment of a tax not exceeding one per cent. on the taxable property in the city, and a reasonable estimate of the other taxes and sources of revenue, and an additional tax, not exceeding one-quarter of one per cent., for public school purposes, and shall apportion and set apart the same as follows, to-wit: (1) interest on bonds, (2) redemption of bonds, (3) streets and sewerage, (4) public buildings and grounds, (5) city gas, (6) salaries, (7) water-works, (8) relief, (9) fire department, (10) cemetery, (11) police, (12) contingent expenses, (13) public schools, (14) sanitary and health, which several sums, taken in the aggregate, shall not exceed the amount of income from all sources for the year in question. The annual appropriation as made by council may be varied as to amount distributed to the several heads, but these variations not to retroact on time expired, and not to enlarge in any manner the aggregate appropriations for the year, and no money shall be appropriated from the city treasury except by resolution of the mayor and council as herein provided, which shall be void unless it specifies upon its face upon which of said funds it is drawn; and the said mayor and members of the council shall be individually liable to the city for the refunding of any amounts appropriated or expenses incurred in excess of said limits, when present at the voting of the same, except such of them as escape said liability by calling the yeas and nays and voting in the negative and the names entered on the minutes, the amount thereof to be recovered in an action brought in any of the courts of this State having jurisdiction thereof, in the name of the clerk of the council, for the use of the city, and ten per cent. of the recovery shall be his compensation, and, if he fails to bring said action within ten days, the said sums may be recovered of him and his bondsmen at the suit of any citizen, and no action brought under this section or right of action shall be settled without the consent of the judge before whom such suit is pending, upon exhibit of all the facts, and such consent entered on the minutes; provided , nevertheless, that the said mayor and council may expend and use any excess in the receipts of the city for any year over the amount appropriated for such year; provided , furthermore, Page 438 that such expenditures shall in no case exceed the actual cash receipts for such year. Assessment of property. Estimate for tax. Apportionment of tax. Appropriations. Liability of councilmen. Of clerk. Proviso. Sec. LII. Be it further enacted , That for the purpose of enabling the mayor and members of council to know at all times the true financial condition of the city, the clerk shall prepare and read and enter upon the minutes at the opening of each regular session, a balance sheet showing the gross revenue of the fiscal year, and expenses voted by council up to that time, as also the amount of the said several sums estimated as aforesaid, and what part of the same has been up to that time appropriated, and what part remains unappropriated. Balance sheet. Sec. LIII. Be it further enacted , That during the year 1884 and each succeeding year, the mayor and council of the city of Rome shall set apart and appropriate, from the revenue of the city for each year, five thousand dollars, to be used solely and exclusively for the purchase and retirement of any bonds of the city of Rome that may be outstanding until the whole of the bonded debt of the city is paid off. Purchase of bonds. Sec. LIV. Be it further enacted , That the amount appropriated, as provided in the preceding section for each year, shall be carried forward, as it accumulates, intact, and shall be held and reserved for the purpose specified; provided , that the mayor and council, as said fund accumulates, may use the amount accumulated during the previous year or years, in the purchase of any bonds of the city. Sinking fund. Sec. LV. Be it further enacted , That the city treasurer shall open on his books and keep an account with the fund provided for in the two preceding sections, and the city treasurer is hereby prohibited from paying out or using in any way any of said funds except as herein provided. Account and use of sinking funds. Sec. LVI. Be it further enacted , And in order to carry the foregoing provision into effect, the mayor and council of Rome for the year 1884, and for each succeeding year, are required to have in cash in the city treasury when the year expires the amount appropriated and set apart as a redemption fund, or in lieu thereof, canceled bonds of the city of Rome representing said fund, to be by them turned over to their immediate successors. Cash or bonds for sinking fund. Sec. LVII. Be it further enacted , That the said mayor and council shall have full power and authority to open, lay out, to widen, straighten, or to otherwise change streets, alleys and squares in the said city of Rome. Whenever the said mayor and council shall exercise the power above delegated, they shall appoint two freeholders, and the owners of said lots fronting on the said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damages sustained or the advantages desired by the owner or owners of said lots, in consequence of the opening, widening straightening or otherwise changing said streets or alleys; and in case said assessors cannot agree they shall select a fifth freeholder; the said assessors to take an oath that they will faithfully discharge their duties and each party to have the right to enter an appeal to the superior court of Floyd county within ten days of the rendition of said award; provided , if any property-owner shall fai Page 439 cation to appoint assessors by the time prescribed, then the two assessors 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 as provided for in this section. Streets, etc. Sec. LVIII. Be it further enacted , The mayor and council of said city shall have the power and authority to levy, collect and force the final award or judgment in each and every case by execution against the owner or owners of said lots when the same is found advantageous to the said owner or owners. Enforcement of award Sec. LIX. Be it further enacted , The said mayor and council shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as they may deem proper; they shall have full power and authority to order such pavements or sidewalks laid down as they may deem proper. Upon failure of any person to comply with the same, within the time prescribed, the said mayor and council may have the same done and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the lot or lots. Grading and drainage. Sec. LX. Be it further enacted , All persons liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said city, under the direction and control of the proper officer of said city; provided , that the mayor and council of said city shall have the 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 the said mayor and council, by ordinance, may require, the person failing shall be required upon three days' notice to do and perform street work, as aforesaid, and upon failure thereof such defaulter shall be liable to be dealt with by the mayor and council as for violations of other ordinances of said city, or may be compelled to work on the public works of said city. Street work. Sec. LXI. Be it further enacted , Any person or corporation owning real estate in said city, desiring to improve the same, or which has already been improved, located upon any alley or street, the grade of which has not been fixed, shall possess the right to have the grade of said street or alley permanently established by complying with the following conditions, to wit: The owner, his agent or attorney shall make an affidavit, stating the ownership and description f the property that is intended to make improvement on, either fencing, building or otherwise; that such improvements are to cost above the sum of one hundred dollars, and that he desires to have the grade of such street or alley established. A copy of such affidavit shall then be served on the mayor and council, whose duty it shall be, within thirty days thereafter, to have the necessary surveys made, and fix the grade of such street or alley, and make a plat or profile showing the same, and shall deliver it to the applicant, together with the affidavit of the surveyor showing that the same is correct and fair; and upon the same being filed, together with the original affidavit, in the office of the clerk of the superior court of Floyd county, for record, the owner shall thereupon have a vested Page 440 right in such grade, and shall be entitled to recover damages from the city for any injury done to said property should the city thereafter alter such grade; such damages to be ascertained, recovered and paid in the manner in which the laws and ordinances in force at the time may provide for ascertaining recovering and paying damages done to property in laying out and widening streets; provided , any failure or dispute which may happen shall not operate to delay, hinder or affect the remedy given by this Act to any owner of property seeking to have his grade established as aforesaid. Permanent grades. Sec. LXII. Be it further enacted , In case the owner of real estate in said city desires to have the grade fixed as aforesaid, for any reason other than a purpose to make improvements on the same, he shall make his application in writing, not under oath, to the mayor and council, but need not incorporate any reason therein upon which all subsequent proceedings shall be the same as above set forth, such written application taking the place of the affidavit provided for in the foregoing section of this charter; provided , that when the party proceeds by written application, not under oath, as aforesaid, the authorities of the city shall have six months, instead of thirty days, in which to make and return a survey as aforesaid. Grades desired not to make improvements. Sec. LXIII. Be it further enacted , That the mayor and council of the city of Rome shall have full power and authority, at the first or subsequent meeting after each municipal election, to appoint, in addition to the regular board of health committee of council, three fit and proper persons, not members of council, who together shall constitute the board of health, a majority of whom shall constitute a quorum for the transaction of business; it shall be the duty of said board of health to meet monthly, or as often as may be necessary, to visit every part of the city, and to report to the mayor and council all nuisances which are likely to endanger the health of the city or any neighborhood. Board of health. Sec. LXIV. Be it further enacted , That said mayor and council shall have power, upon report of said board of health, to cause such nuisances to be abated, and its recommendation to be carried out in a summary manner, at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the mayor and council may elect. Nuisances. Sec. LXV. Be it further enacted , That the mayor and council of the city of Rome shall have full power, upon the recommendation of said board of health to cause the owners of said lots or cellars within the corporate limits of said city, to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located; that if the owners of said lots or cellars, or the occupants of the same, in the discretion of council, shall fail or refuse, after reasonable notice to him or his agents, to comply with the requirements of the said mayor and council, by draining said lots or cellars, or by filling up the same, it shall be lawful for said mayor and council to have this work performed, and the amount so expended shall be collected by execution issued by the clerk of said council against the owner or occupant of the lots or cellars, as the said mayor and council may Page 441 elect, and the sale, under the said execution, shall pass as complete and perfect title to the property sold as a sale by the sheriff under a judgment and execution. Drainage of lots and cellars. Sec. LXVI. Be it further enacted , That the said mayor and council shall have full power to fill any vacancy that may occur in the board of health; that this Act may be plead as, and shall be, a complete bar to any action brought against the said mayor and council or board of health, or either of them, for any act done by them under its provisions and ordinances passed in pursuance of it. Vacancies on board of health. Protection of board and council. Sec. LXVII Be it further enacted , That the said mayor and council shall have full power to pass all ordinances that may be necessary to carry the provisions of this Act into complete and full effect, and also to provide reasonable compensation for said members of the board of health, not members of council. Ordinances. Compensation of board of health Sec. LXVIII Be it further enacted , That the board of health of the city of Rome may exercise the same power as is now vested in the mayor and council of said city relating to the abatement of nuisances which are likely to endanger the health of said city, or any neighborhood therein, to such an extent and under such regulations as may be prescribed by the mayor and council; provided , that nothing in this section shall be construed as to divest the power to cause such nuisances to be abated which the said mayor and council have under this charter. Regulation for abating nuisances. Sec. LXIX. Be it further enacted , That the mayor and council shall have full power and authority to elect, at the same time other city officers are elected, three persons, freeholders, residents of said city, city assessors, who shall hold their office for two years, unless removed by the mayor and council for cause to be judged by them. It shall be the duty of said assessors to assess the value of all real estate at the cash market valuation within the corporate limits of said city; shall make a return to the mayor and council by the first day of April in each and every year; and the said mayor and council shall place such assessments so returned in the hands of the clerk of council of said city, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city. City assessors. Their duty. Record of assessment. Sec. LXX. Be it further enacted , The said assessors, before they enter on the discharge of their duties, shall take and subscribe an oath before the mayor to faithfully and truly assess all the real estate within the corporate limits of said city, and to return such assessment to the mayor and council thereof, with the names and owners thereof, and shall receive for their services such sums each as the mayor and council shal order. Oath of assessors. Salaries. Sec. LXXI. Be it further enacted , There shall be elected by the mayor and council at their first meeting in January, 1884, and biennially thereafter, a clerk of council, who shall hold his office two years, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and council, and who shall receive such salary or perquisites, or both, as the mayor and council, preceding his election, shall prescribe; he shall give bond, in good security, to be fixed and judged by the mayor and council, for the Page 442 faithful performance of his duties; he shall take and subscribe an oath to faithfully discharge the duties of his office; his duties shall be prescribed by ordinance; his salary shall not in any manner be increased or diminished during his continuance in office. Clerk of council. Sec. LXXII. Be it further enacted , The clerk of council may also be required to perform the duties of tax receiver and collector, and shall receive for such services such compensation for all insolvent tax fi. fas. and costs as the mayor and council, by ordinance, shall establish. Tax receiver or collector. Sec. LXXIII. Be it further enacted , There shall be elected by the mayor and council at their first meeting in January, 1884, and biennially thereafter, a city treasurer, who shall hold his office for two years, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and council; to have a reasonable salary, to be fixed by the mayor and council preceding his election, which shall not be increased or diminished during his continuance in office; he shall give a bond, in good security, in an amount to be fixed by the mayor and council, for the faithful discharge of the duties of his office; he shall take and subscribe an oath faithfully to discharge the duties of his office. His duties shall be prescribed by ordinance, and his books, papers and vouchers shall be subject to the inspection of the mayor and council of said city at such times as they, or either of them, shall think proper. City treasurer. Sec. LXXIV. Be it further enacted , There shall be elected by the mayor and council at the same time as the clerk is elected, a marshal, who shall hold his office for the same time and under the same conditions as the clerk. It shall be his duty to collect and levy a fi. fa. for taxes and fi. fas. for fines, and all other fi. fas. that may be issued under authority of this charter; and advertise and sell property so levied on, and make titles to the purchaser and put them in possession of property so sold at sales, under laws governing the said mayor and council under the same rules and regulations that govern the sheriff and his deputies at sheriff's sales. He shall give bonds and security and take and subscribe an oath for the faithful discharge of his duties, and shall have such compensation or perquisities as the mayor and council shall prescribe, which compensation shall not be changed during his term of office; and shall do and perform such other services as the mayor and council shall prescribe by ordinance. Marshal. Sales under fl. fas. Sec. LXXV Be it further enacted , At the same time and under like conditions and restrictions, it shall be the duty of the mayor and council to elect a deputy marshal, whose duties and salary shall be prescribed by ordinance. Deputy marshal. Sec. LXXVI. Be it further enacted , There shall be elected by the mayor and council at the same time the clerk is elected, a mayor pro tem. , city attorney, city physician, water-works engineer, collector of water rents, sexton and magazine keeper, street overseer, and such other officer or officers as the interests of the city may demand, who shall each hold his office for two years, or until his successor is selected and qualified, unless removed, for cause to be judged of by Page 443 the mayor and council. They shall each receive a reasonable salary, to be fixed by the mayor and council preceding their election, which shall not be increased or diminished during their continuance in office. Their duties shall be prescribed by ordinance. Before entering upon the discharge of their duties, they shall each take and subscribe an oath to faithfully perform the duties of their offices. The collector of water rents and sexton and magazine keeper shall each enter into bond with good security, payable to said city of Rome in an amount to be fixed and judged by the mayor and council, for the faithful performance of the duties of their offices. Their duties etc. Sec. LXXVII. Be it further enacted , That police force of the city of Rome shall consist of as many officers and men as the mayor and council may determine, and shall be elected at the same time the clerk is elected. They shall take an oath to faithfully and impartially discharge the duties imposed upon them by the laws and the city ordinances. Their several terms of office shall be two years, or until their successors are elected and qualified, unless removed for cause to be judged by the mayor and council. Police force. Sec. LXXVIII. Be it further enacted , Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay or allowance or costs shall be made to them or either of them. It shall be their duty to make arrests in the manner prescribed by law, of persons violating any penal laws of this State. They shall perform such other duties as may be imposed by law of the State or ordinance of the city council. For a failure to perform any duty required by law or the city ordinances, they may be suspended or removed from office by the mayor and council. The mode of preferring accusations against them and of their trial shall be prescribed by ordinance. The city council shall also prescribe the manner of suspending, until trial, the marshal, deputy marshal or any police officer or policeman. When accusation is brought on in all such cases, the mayor and council may make appointments to the office or place of the suspended person, such appointment to hold during suspension. Compensation of police. Duty. Removal. Suspension of officers. Sec. LXXIX. Be it further enacted , The mayor and council shall cause the entire police force of the city to be so uniformed and armed as to be readily recognized by the public as peace officers. Arms and uniform of police. Sec. LXXX. Be it further enacted , The mayor and council of the said city in their discretion at the meeting when the other officers are elected, or at any subsequent meeting of said mayor and council, shall have full power and authority to elect three freeholders, residents of said city, building inspectors, whose duty it shall be in connection with the city engineer, in case such an officer has been elected, otherwise to inspect all buildings and walls located on the various streets, lanes and alleys of said city, when they shall be requested so to do by the mayor, and to report the result of said investigation to said mayor and council with a recommendation as to the best course to be pursued in reference to said buildings or walls for the protection of the citizens. Building inspectors. Sec. LXXXI. Be it further enacted , The said mayor and council shall have full power and authority to execute in a summary manner Page 444 the recommendations of said building inspector or a majority of them, at the expense of the owner of the said building or wall, or the owner of the lot upon which the same may be located, in the discretion of the said mayor and council. Should the said owner after ten days' notice, fail or refuse to remove the obstructions reported by said building inspectors or a majority of them, such expenses to be collected by execution to be issued by the clerk of council; and the said mayor and council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into full effect. Removal of walls, obstructions, etc. Sec. LXXXII. Be it further enacted , The said building inspectors shall hold their office for the term of two years, except the election be held at a subsequent meeting of the mayor and council, in that event, then until the expiration of the terms of office of other officers as provided in this charter. Terms of building inspectors. Sec. LXXXIII. Be it further enacted , There shall be elected by the mayor and council, in their discretion, at the same time the clerk is elected, a city engineer, who shall hold his office for two years, unless removed for cause, to be judged by the mayor and council. He shall receive a reasonable salary, to be fixed preceding his election, which shall not be increased or diminished during his continuance in office. His duties shall be prescribed by ordinance. Before entering on the discharge of his duties, he shall take and subscribe an oath for the impartial and faithful performance of his duties City Engineer. Sec. LXXXIV. Be it further enacted , All warrants, summons, precepts, executions or other processes issued by the clerk of council of the city of Rome, shall be directed to the marshal of the city of Rome, and bear test in the name of the mayor. Warrants, etc.,how directed and attested. Sec. LXXXV. Be it further enacted , The mayor and council of said city, shall have full power and authority to compel the attendance of parties and witnesses at the mayor's court and the meetings of said council, and for this purpose, said mayor and council shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the superior court of this State. Attendance of witnesses. Sec. LXXXVI. Be it further enacted , That the said mayor and council shall have power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed the county officers, and not lower than allowed to justices of the peace and constables of this State. Fee bill for officers. Sec LXXXVII. Be it further enacted , The said mayor and council shall have power and authority to continue the fire limits, as now established by law, and from time to time, in their discretion to extend and enlarge the same, within which fire limits so established and to be established, it shall not be lawful for any one to erect other than fire-proof buildings or structures of any kind other than fire-proof, and should any one erect or cause to be erected within such Page 445 fire limits so established, any such buildings or structures, said mayor and council, after giving five days notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, the said expense to be collected by executions issued by the clerk of council; and the said mayor and council shall have power to determine what buildings or other structures are or are not fire-proof. Fire limits Sec. LXXXVIII. Be it further enacted , The mayor and council of said city shall have power to try all impeachments. When sitting for that purpose they shall be under oath or affirmation. When the mayor is tried the judge of the superior court shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in case of impeachment, shall not extend further than removal from office, and disqualification to hold any office of honor or trust or profit under this charter, but the party convicted shall, nevertheless, be liable, and subject to indictment, trial and punishment according to law. Impeachments. Sec. LXXXIX. Be it further enacted , That any of the officers of said corporation, who may be sued for any act done in his or their official character, may justify under this charter. This charter a justification. Sec. XC. Be it further enacted , Whenever any personal property has been levied on in the city of Rome, if of character to render its removal to the city hall of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said city, at public outcry, within the hours now provided by law, and after having given the notice required by law; provided , the owner thereof gives his consent. Sales of personal property Sec. XCI. Be it further enacted , That the mayor and council are hereby authorized to farm out all persons sentenced to imprisonment for violating the ordinances of said city, in the same manner and upon the same terms as the ordinaries of this State are authorised to farm out convicts. City convicts to be farmed. Sec. XCII. Be it further enacted , That the mayor and council shall have full power and authority to fill any vacancy that may occur in any office held under election or appointment by the said mayor and council for the unexpired term thereof. Vacancy in office. Sec. XCIII. Be it further enacted , That the said mayor and council of the city of Rome shall have full power and authority to prohibit, by ordinance, cruelty to animals, or to use, work or employ in any manner, any lame, maimed, bruised or sick animals, or to cruelly beat, ill-use or bruise, in any manner whatsoever, any beast or beasts, under penalty, not exceeding fifty dollars and costs, for each offense, or imprisonment in the calaboose not exceeding thirty days; and the said mayor and council shall have power to prohibit, by ordinance, the muzzling of calves to prevent them from sucking, and to enforce the same by fixing a penalty for its violation. Cruelty to animals. Sec. XCIV. Be it further enacted , That the mayor and council shall have full power and authority to provide, by ordinance, for the compulsory vaccination of all persons residing within the corporate limits of said city, and the said mayor and council shall have full Page 446 power and authority to provide, by ordinance, such punishment for a violation of said ordinance as may to them seem right and proper. Compulsory vaccination. Sec. XCV. Be it further enacted , That the mayor and council shall have full power and authority to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to pass such ordinances as may be deemed by them necessary, for the proper regulation of stock within said city. Impounding of stock. Sec. XCVI. Be it further enacted , That the said mayor and council shall have full power and authority, in their discretion, to organize a chain-gang in said city under such rules and regulations as may be adopted by said mayor and council, and to cause all offenders against the laws and ordinances of said city to work in said chain-gang, on the streets and public works of said city, as said mayor and council may direct; and that said mayor and council may also work misdemeanor convicts in said chain-gang, agreeable to the laws of this State. City chain-gang. Sec. XCVII. Be it further enacted , That the said mayor and council shall have full power and authority to provide, by ordinance, for appeals from the judgments rendered in the mayor's court. Appeals from mayor's court. Sec. XCVIII. 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 25, 1883. TO AUTHORIZE THE CORPORATE AUTHORITIES OF THE TOWN OF MADISON, IN MORGAN COUNTY, TO ESTABLISH A SYSTEM OF PUBLIC SCHOOLS, Etc. No. 291. An Act to authorize and empower the corporate authorities of the city of Madison to establish a system of public schools for said city; to levy and collect a tax for maintaining and supporting said schools; to authorize the county school commissioner of Morgan county to pay over to the corporate authorities of said city, for the use of said public schools, such part of the State school fund as may be their just pro rata share thereof, and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , The corporate authorities of the city of Madison having so recommended, that the mayor and council of the city of Madison in Morgan county, are hereby authorized and empowered to levy and collect a tax annually, in addition to that now authorized by law, not to exceed five-tenths of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining public schools in said city of Madison; provided , the moneys so collected shall be used only for the purposes herein set forth. Extra tax for school purposes. Page 447 Sec. II. Be it further enacted by the authority aforesaid , That all children, whose parents, guardians or natural protectors, bona fide , reside within the corporate limits of said city, shall be entitled to the benefit of said schools The mayor and council of said city may, in their discretion, charge each pupil attending said schools, an incidental fee not to exceed three dollars per scholastic year, and may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition as said mayor and council may deem reasonable and proper; provided , that all sums arising from these sources shall be used only for the purpose of maintaining said schools. Beneficiaries. Incidental fees. Sec. III Be it further enacted by the authority aforesaid , That said mayor and council shall provide for the appointment or election of a board of trustees, and shall define the duties of said board, and the said mayor and council shall have full power and authority to employ teachers for said schools, fix their salaries, make rules for the government of said schools, and to do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act, and may delegate such powers as they deem proper to the board of trustees aforesaid, not inconsistent with this Act. Trustees. Teachers. Salaries. Sec. IV. Be it further enacted by the authority aforesaid , That the white and colored children of said city shall be taught in separate schools, and the money derived from the taxation of the white population shall be appropriated solely to the establishment and maintenance of schools for the white children, and that derived from the taxation of the colored population, shall in like manner be appropriated solely to the establishment and maintenance of schools for the colored children. Separate schools for the two races. Sec. V. 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 pupils in attendance upon said schools, who reside in said county of Morgan, and present the same to the county school commissioner, who is hereby authorized and directed to pay over to said mayor and council, or to such officer as they may appoint to receive the same, the proportionate part of the public school fund of Morgan county, to be determined according to the number of pupils taught in said schools who reside in said county, to be used by said mayor and council only for the purpose of maintaining said public schools. List of pupils. Division of school fund. Sec. VI. Be it further enacted by the authority aforesaid , That the mayor and council of said city of Madison, are hereby made capable 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 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. Grants or donations allowed. Sec. VII. Be it further enacted by the authority aforesaid , That before this Act shall take effect and become operative, the mayor of said city of Madison shall order an election, giving at least twenty days' Page 448 notice of the same, to ascertain the sense of the qualified voters of said city under the provisions of this Act, as to whether public schools shall be established in said city or not. The voters at said election shall have printed or written on their ballots the words for public schools, or the words against public schools; and if at said election two thirds of the persons qualified to vote shall vote in favor of public schools, then said mayor and council shall proceed to levy and collect a tax and establish schools as provided in this Act. If there be not two-thirds of the votes cast at said election in favor of public schools, said mayor and council may order other elections as provided for in this section, but not more than one election on this question shall be ordered every twelve months. Ratification required. Election to decide question. Ticketshow inscribed. May order other elections. Sec. VIII. Be it further enacted by the authority aforesaid , That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern other elections in said city, and the qualifications of the voters at said elections shall be the same as at other elections, except that no person shall be qualified to vote at said elections who does not, in addition to his poll tax, pay tax on some species of property in said city. The superintendents of said elections shall make returns thereof to said mayor and council, who shall open the said returns in open session and declare the result thereof, which result shall be entered on the book kept by the said mayor and council for the record of their proceedings. The notice required to be given by this Act, shall be by publication in the county paper. Electionshow held. Returnshow made. Notice of election. Sec. IX. Be it further enacted by the authority aforesaid , That the clerk of said mayor and council, or other officer charged with the duty of receiving tax returns and collecting the tax in said city, shall, on the day appointed for an election under this Act, and before the polls are opened, furnish to the superintendents of said election, a list of all persons residing within the corporate limits of said city, who pay a city tax on some species of property, and no person whose name does not appear on said list, shall be permitted to vote at said election, unless, in addition to the oath usually required, he will swear that he, bona fide in his own right, owns property situated in said city subject to taxation. Said list shall be taken and considered as a correct enumeration of the qualified voters in said city in determining the question whether or not two-thirds of the qualified voters of said city voted in favor of establishing public schools therein. Property qualification of voters. Sec. X. Be it further enacted by the authority aforesaid , That any person who shall vote, or attempt to vote, at any election authorized under this Act, without being qualified to vote according to the provisions of this Act, shall be deemed guilty of a misdemeanor, and, on conviction in a court having jurisdiction of the same, shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting, etc.,how punished. 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 25, 1883. Page 449 TO AMEND THE CHARTER OF THE TOWN OF HARTWELL, IN HART COUNTY, Etc. No. 297. An Act to amend an Act incorporating the town of Hartwell in Hart county, approved February 26, 1856, which said Act is as follows: An Act to incorporate the town of Hartwell, in the county of Hart, and for other purposes therein named, so as to authorize the board of commissioners of said town to issue and sell bonds to the amount of six thousand dollars, or to such an amount thereof as may be deemed necessary by said board, for the purpose of erecting and equipping public school buildings in said town, and to authorize said board of commissioners to provide for the payment of said bonds by levying a tax therefor on the taxable property of said town; to provide for an election to ratify the provisions of this bill, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That the foregoing recited Act be amended so as to authorize the board of commissioners of the town of Hartwell, and the board of commissioners of said town be, and they are hereby authorized to issue bonds not to exceed in the aggregate six thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within twenty years after the date of the issue thereof as may be determined by said board of commissioners, and bear interest not to exceed eight per cent. per annum; provided , that the sum for which said bonds are to be issued shall not exceed seven per centum of the assessed value of all the taxable property in said town of Hartwell. May issue bonds. Amount of and description. Rate of interest. Sec. II. Be it further enacted by the authority aforesaid , That said board of commissioners shall assess and levy and collect annually a sufficient tax upon the taxable property within the corporate limits of said town of Hartwell, to pay said bonds, principal and interest, as they shall become due. Tax to pay bonds. Sec. III. Be it further enacted , That said bonds shall be signed by a majority of the members of said board of commissioners, and be sold or negotiated in such manner as said board of commissioners may determine for the best interest of said town. How signed and sold. Sec. IV. Be it further enacted by the authority aforesaid , That when said bonds shall have been issued and sold or disposed of, said Board of commissioners shall turn over to the trustees of Hartwell 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 of Hartwell, without charging any commissions on the same, to be used and applied by said trustees in constructing, completing and equipping a school building or academy in the said town of Hartwell, as said trustees shall direct, and to turn over in like manner to the trustees of the school of colored children in said town; said trustees to be hereafter elected or chosen, to be by them applied to the erection of Page 450 school-houses for the colored children, such pro rata or part as may be based upon the taxable property of the colored persons of said town. Poceedshow applied. Sec. V. Be it further enacted by the authority aforesaid , That the foregoing bill shall not take effect until the same shall have been submitted to a vote of the qualified voters of the town of Hartwell, and approved by a two-thirds vote of persons so qualified to vote at such election, which election shall be held under an order of said board of commissioners, and shall be advertised for thirty days immediately preceding said election, at the court-house door, and in the newspaper in which the sheriff's advertising for said county is done. Must be ratified. 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 25, 1883. TO MAKE WAYNESBORO, IN BURKE COUNTY, A CITY. No. 298. An Act to make Waynesboro, in Burke county, a city; to define the limits of the same; to provide for the election of a mayor and five councilmen, and to prescribe their powers and duties. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that Waynesboro, in the county of Burke, shall be a city. A city. Sec. II. Be it further enacted , That a mayor and five councilmen shall be elected annually on the second Monday in January in each year by the citizens thereof, who shall at the time be entitled to vote for members of the General Assembly, at which election three freeholders shall preside, and the mayor and councilmen so elected shall continue in office one year, or until their successors are elected and qualified; that the powers and duties of the mayor shall be the same as those now prescribed for the chairman of the board of commissioners, and that the powers and duties of the councilmen shall be the same as those now prescribed for the commissioners of the town of Waynesboro. Mayor, etc.,elected when Voters. Electionhow held. Powers and duties of mayor. Powers and duties of councilmen. Sec. III. Be it further enacted , That all laws now of force and applicable to the town of Waynesboro shall continue in force and be applicable to the city of Waynesboro. Laws in, force to continue. Sec. IV. Be it further enacted , That the limits of the city of Waynesboro shall extend one thousand yards in every direction from the center of the court-house square, except where the line shall strike the old Quaker road, where said road shall be the line until it reaches the upper edge of the lands belonging to the Agricultural Association of Burke, where said upper line of said land shall be the city limit, running on around said land until it reaches Page 451 the extreme southern boundary, where a line shall be run to the nearest point where the one-thousand-yard circle shall run on that part of the city limits. Corporate limits. 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 25, 1883. TO INCORPORATE THE TOWN OF FORT GAINES, CLAY COUNTY, GA. No. 303. An Act to incorporate the town of Fort Gaines, in Clay county; to define the limits of the same, and for other purposes; and to repeal all previous Acts incorporating the same or amendatory thereto. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the following shall be taken and received as the charter of the town of Fort Gaines, Clay county, Georgia. Charter. Sec. II. Be it further enacted , That the corporate limits of said town shall be as follows: Commencing on the west bank of the Chattahoochee river, on the line dividing the States of Georgia and Alabama, at a point opposite the mouth of the Semocheechabee creek, and running across said river to the mouth of said creek; then running east on the old dividing line between Randolph and Early counties to the northeast corner of lot number 361, thence south on the eastern line of numbers 361, 362 and 363 to the Ledbetter branch; thence following said branch westerly to the south line of number 363; thence due west, across the Chattahoochee river to a point on its western bank on the line dividing the States of Georgia and Alabama; thence on said State line to the place of beginning. Corporate limits. Sec. III. Be it further enacted , That the municipal government of said town shall be vested in a mayor and five councilmen, to be elected as hereinafter prescribed; that they and their successors in office are hereby constituted a body corporate under the name and style of the City Council of Fort Gaines; that they shall have a perpetual succession, shall have a common seal, be capable in law and equity to purchase, have, hold, receive, enjoy and retain to them and their successors, for the use and benefit of said town any estates, real or personal, of whatever kind or nature; may contract and be contracted with, and by said name be capable to sue and be sued in any court of law or equity in this State. Corporate powershow vested. Name of corporation. General powers. Sec. IV. Be it further enacted , That the said mayor and councilmen shall be elected by ballot on the second Tuesday in December of each year, and any person shall be eligible to the office of mayor Page 452 or councilman, or shall be entitled to vote in said election for said officers, who are entitled to vote for members of the General Assembly of the State, who have resided within the limits of said town for thirty days prior to the day of election, and who have paid all municipal taxes for the year previous to the day of election. Said election shall be ordered by the mayor; and any two freeholders in said town are hereby authorized to hold said election, and shall be required to take the oath prescribed for superintendents of elections in the Code; and all the laws applicable to the election of county officers shall apply to such election, if not inconsistent with the provisions of this Act. Mayor and councilelection of. Who eligible. Who may vote. Sec. V. Be it further enacted , That in the event no election is held at the time prescribed in this Act, then the acting mayor and councilmen of said town shall hold their offices until their successors are duly elected and qualified; and in the event of a vacancy in the office of mayor or councilman for any cause, the remaining members of said city council shall have power to fill said vacancy by appointing any person qualified under this Act to hold said office. When no election, incumbents to hold over. Vacancies. Sec. VI. Be it further enacted , That if for any cause there is a failure to elect said officersmayor and councilmenat the annual election prescribed in this Act, then it shall be the duty of the mayor to order an election within thirty days thereafter, giving five days' notice of said election by publication in the town paper, or posting in three conspicuous places within the town. Failure to elect, another election declared. Sec. VII. Be it further enacted , That any person offering to vote in an election in said town may be challenged, and when so challenged the managers shall cause such persons to take the following oath: I do solemnly swear that I am twenty-one years old; that I am a citizen of this State; have resided in Clay county for the past six months, and in Fort Gaines for the past thirty days; that I have paid all taxes and done all work on the streets legally required of me in said town; and that I have not voted before in this election, so help me God. And no person challenged shall be allowed to vote if he refuses to take this oath. Any person voting illegally at such election shall be liable to the same penalties prescribed by the laws of this State for illegal voting in the State and county elections, and may be prosecuted for the same in Clay superior court. Oath of electors when challenged. Illegal votinghow punished. Sec. VIII. Be it further enacted , That said mayor and councilmen shall, within twenty days after their election, and before entering upon the duties of their office, take before the outgoing mayor, or any other officer authorized by the laws of this State to administer oaths, the following oath: I do solemnly swear that I will support the Constitution of this State, and faithfully administer the ordinances and perform the duties of mayor (or alderman, as the case may be), of the town of Fort Gaines by adopting such measures, as in my judgment, will best promote the general welfare of the inhabitants, and the common interest thereof, so help me God. Official oath. Sec. IX. Be it further enacted , That said city council may appoint a mayor pro tem. , who shall have authority to discharge all the duties Page 453 of mayor, whenever from sickness, absence from the city, or other cause, the mayor is unable or incompetent to act. Mayor pro tem. Sec. X. Be it further enacted , That the mayor and each councilman shall be ex officio a justice of the peace within said town for the purpose of issuing warrants for the offenses committed within the town, and binding or committing to jail the offenders to appear in any court having jurisdiction of such offenses. Ex-officio a justice of the peacepower of. Sec. XI. Be it further enacted , That said city council shall have power to appoint or elect a clerk, treasurer, marshal, and such other officers as may be deemed necessary to carry into effect the powers herein granted; but they may in their discretion consolidate two or more of said offices, and shall have power to prescribe the wants, duties and compensation of said officers; to remove them from office for neglect of duty or bad conduct, and to appoint others in their stead; to require of them bonds which may, on breach of the same, be sued in the superior court of Clay county, and the amounts recovered in said suits shall go into the treasury of said city council. Clerk, treasurer, marshal. Dutieshow prescribed. Bonds of. Sec. XII. Be it further enacted , That the said city council shall have power to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair, roads, streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, crossways, footways, drains and gutters, to be curbed and paved and kept in good order, firm and clean, by the owners or occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets; to prescribe the time of holding the same; to prevent, hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in said town; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in said town; to abate, or cause to be abated, anything which in the opinion of the majority of the council shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide places for the burial of the dead, and to regulate interments therein; to regulate the drainage of lots by proper drains and ditches; to make provisions for guarding against danger and damage by fire; to protect the property and persons of the citizens of said town, and to preserve peace and good order therein; and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by them, fix their term of service and compensation; to provide a supply of water, or construct water-works in said town; to prevent injury to, or pollution of the same, or to the water or healthfulness of the town, and to appropriate the same to its expenses; to provide for the annual assessment of taxable property therein; and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers conferred upon said town by this Act, or by any future Act of the Legislature of the State; the council shall have power to make and pass all needful orders, by-laws, ordinances, Page 454 resolutions, rules and regulations, not contrary to the Constitution and laws of this State; and to prescribe, impose and enact reasonable fines, penalties and imprisonment in the county jail, or the place of imprisonment in said corporation, for a term not exceeding thirty days, or in lieu of fines or imprisonment, to compel wrongdoers to labor upon the streets and sidewalks or other public works of said town for a term not exceeding thirty days. Jurisdiction over streets, alleys, etc. Animals running at large. Nuisances. Storing of combustibles. Cemeteries. Protect propertypreserve peace, etc. Police. Water-works. Revenue by taxation. Rules and ordinances. Fines, penalties, etc. Sec. XIII. Be it further enacted , That said city council shall have power and authority to levy and collect a tax upon all property, real and personal, within the corporate limits of said town, and upon all banking, insurance and other capital employed therein; provided , that no tax upon real or personal property shall exceed one-half of one per cent. upon the value thereof, provided, also , that all lands used within said corporate limits exclusively for farming purposes shall be exempt from the payment of corporation tax. The said city council shall also have power to levy and collect a specific tax upon bankers, insurance agents, managers of gift enterprises, shows of all sorts, keepers of billiard and pool tables, ten-pin alleys, and upon all persons exercising, within the town, any profession, trade or calling, or any business of any character or nature whatever provided , said tax is not in conflict with any law of this State. Tax on property. Sec. XIV. Be it further enacted , That the said city council shall have control of the manufacturing, wholesaling and retailing of spirituous and malt liquors within said town, and shall require such a license tax on the same as said council may deem expedient, requiring all applicants for such license to take the oath and give the bond with good and sufficient sureties as is now required by law to be given to the ordinary in said county. Control of spirituous liquors. Sec. XV. Be it further enacted , That said city council shall have authority to compel all persons residing within the corporate limits of said town, liable to road duty by the laws of the State, to work, not exceeding fifteen days in one year, and not exceeding five days in one month on the streets, sidewalks and alleys of said town, under the direction of the marshal or superintendent of streets, or they may be relieved from such work by the payment of such amount in money as may be fixed by the council as street tax, and the said city council shall have power to fine or imprison any person who shall refuse or neglect to work or pay the amount prescribed in lieu thereof. Compel work on streets. Commutation tax. Defaulters how dealt with. Sec. XVI. Be it further enacted , That the mayor shall be the chief executive officer of said town, and shall see that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed, and shall receive such a salary for his services as may be fixed by the council at its first meeting after the election and qualification of its members each year, which salary shall not be increased or diminished during the term for which he was elected. The mayor shall preside over the deliberations of the council, and shall not be entitled to vote on any question, except in case of a tie. He shall have control of the police of said town, and may appoint special police officers whenever deemed necessary; and it shall be his duty especially to see that the peace and good order of said town are preserved, Page 455 and that persons and property therein are protected; and to this end he may cause the arrest and detention of all riotous or disorderly persons in said town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and cost imposed by him, or he may require immediate payment thereof, and in default of such payment he may commit the party in default to the jail of Clay county, or other place of imprisonment in said town, until the fine or penalty or cost shall be paid, but the term of such imprisonment shall not exceed thirty days. He shall also have authority to force the collection of taxes by issuing executions under his hand and seal. Chief executivehis duties. Sec. XVII. Be it further enacted , That all executions issued by the mayor shall be directed to the marshal of said town, who shall proceed with the same in like manner as sheriffs are required under the laws of this State to collect executions. All sales of personalty by the marshal shall be conducted as sales by constables under the State law, and all sales of real estate by the same regulations prescribed by the laws of the State for sheriff sales, as to levy, time, place, advertisement, and in all other particulars, so far as applicable. Executionshow issued. Marshal's sale. Sec. XVIII. Be it further enacted , That the mayor as such shall have power to punish for contempt by fine not exceeding twenty-five dollars, or imprisonment not to exceed thirty days, for each offense. Power to punish for contempt. Sec. XIX. Be it further enacted , That the several officers now in office in said town shall continue to exercise their respective duties until the qualification of the officers who shall be elected at the first election under this charter, and shall be vested with all the power and authority conferred by this Act upon the officers named therein. Present incumbents to hold until an election. Sec. XX. Be it further enacted , That this Act shall take effect and be of force from and immediately after its passage, and all laws and parts of laws in conflict herewith are hereby repealed. Approved September 25, 1883. Page 456 CHARTER OF WAYCROSS AMENDED. No. 316. An Act to alter and amend section 5 of the amended Act incorporating the town of Waycross, in Ware county, approved December 12, 1882, so as to authorize and empower the mayor and councilmen of said town to require the persons residing within the limits thereof, subject by law to road duty, to work on said streets and walks not exceeding fifteen days each year, instead of five as now provided by said charter; also, that said mayor and councilmen may be authorized to assess and ad valorem tax upon the taxable property of said town not exceeding one hundred per cent. on the State tax, instead of fifty per cent. as now provided in said charter; also, to levy a special tax upon all branches of business carried on in said town, whether by itinerant or resident, not inconsistent with the laws of 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, An Act to amend an Act entitled an Act to consolidate, amend and supersede the several Acts incorporating the town of Waycross, in the county of Ware, to repeal conflicting laws, to provide for a mayor and council, prescribe their duties, and for other purposes, be, and the same is hereby so amended as that section 5 of said Act shall authorize and empower the mayor and councilmen of said town to require the persons residing within the limits thereof, subject by law to road duty, to work on the streets and walks of said town not exceeding fifteen days in each year, instead of five as now provided by said charter. Street work. Sec. II. Be it further enacted by the authority aforesaid , That said mayor and councilmen shall be authorized to assess an ad valorem tax upon the taxable property of said town, not to exceed one hundred per cent. on the State tax, instead of fifty per cent. as now provided by said charter. Ad ralorem tax. Sec. III. Be it further enacted by the authority aforesaid , That said mayor and councilmen shall be authorized and empowered to levy a special tax upon all branches of business carried on in said town, whether by itinerants or residents, not inconsistent with the laws of this State; provided , that the tax on the sale of intoxicating liquors shall not be less than ten thousand dollars. Specific taxes. 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 25, 1883. Page 457 TO AMEND THE CHARTER OF LOUISVILLE, AND FOR OTHER PURPOSES. No. 322. An Act to amend the charter of the town of Louisville so as to authorize and empower the chairman and commissioners of said town to levy and collect an ad valorem tax, not to exceed one-half of one per cent. on all the taxable property within the limits of said town, and to prescribe the manner of enforcing the same; to impose and collect a license tax on vendors of commercial fertilizers and sewing machines, and itinerant or non-resident dealers in horses and mules; to impose and collect a street tax on the male residents of said town; to repeal all laws authorizing and requiring the chairman and commissioners of said town to try and punish persons for violations of the penal ordinances, and vest such power only in the chairman or chairman pro tem. of said board of commissioners, and to prescribe the mode and extent of punishment for violations of the penal laws and ordinances of said town, 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 chairman and board of commissioners of the town of Louisville, in the county of Jefferson, shall have power and authority to levy and collect annually an ad valorem tax, not to exceed one-half of one per cent. on all the property, real and personal, owned and held in said town. Taxing powers conferred. Sec. II. And be it further enacted , That all the property, real and personal, owned and held in said town of Louisville, on the first day of April of every year, by persons residing therein, shall be subject to said tax for the current year. Property subject to tax. Sec. III. And be it further enacted , That all persons residing in said town of Louisville shall make, to such officer as may be appointed by said chairman and board of commissioners to receive tax returns, a full, complete and honest return, at a reasonable and just valuation, of all the property, real and personal, owned and held by them in town on the first day of April of every year; and that all persons subject to taxation, under this Act, at the time of making their tax returns, shall be required to take the oath prescribed for tax-payers under the laws of the State; and the officer receiving said tax returns shall have power and authority, and it shall be his duty, to administer said oath. Owners to return property. Oath of tax-payers. Sec. IV. And be it further enacted , That when any person or persons, who own and hold property in said town subject to taxation, shall fail and neglect to return the same by the time fixed and prescribed by said chairman and board of commissioners, said property shall be double-taxed unless good and satisfactory reasons be given by the owner thereof for the failure to return the same by the Page 458 prescribed time, which shall be in the discretion of said chairman and board of commissioners, and when any property is returned for taxation at less than a reasonable and just valuation, said chairman and board of commissioners shall have the power and authority to affix the true and just value to said property, and to tax the same accordingly. Failure to return property. Commissioners may assess. Sec. V. And be it further enacted , That said chairman and board of commissioners shall have power and authority to impose and collect annually a license tax, not to exceed two hundred dollars, on all vendors of sewing machines and commercial fertilizers, and on all itinerant or non-resident dealers in horses and mules, and on all other itinerant traders or dealers of every kind whatsoever in said town. Special license tax. Sec. VI. And be it further enacted , That all persons who own property in said town subject to taxation, or who are themselves subject to a special tax, and who do not pay the tax or taxes imposed upon them by the time fixed and prescribed by said chairman and board of commissioners, shall be held and considered tax defaulters, and said chairman and board of commissioners shall have power and authority to issue executions or writs of fieri facias against said tax defaulters for the amount of tax due by them, which executions or writs of fieri facias shall be issued in the name and by authority of said chairman; shall be directed to all and singular the lawful officers of said county and State, and shall be levied and enforced, and with the same costs as executions for State taxes are now levied and enforced. Defaultershow dealt with. Sec. VII. And be it further enacted , That all executions issued by said chairman of said board of commissioners for taxes shall have a lien from the time the same is issued over all the property of the defendant therein which shall be superior to all other liens, except the lien for taxes due the State, and the marshal of said town shall have full power and authority to enforce said execution by levy and sale of the defendant's property. Lien of tax executions. Sec. VIII. And be it further enacted , That said chairman and board of commissioners shall have the power and authority to impose and collect annually a street tax not to exceed three dollars from each male resident of said town between the ages of sixteen and sixty years, which shall be collected in the same manner, and shall have the same lien as other taxes due said town, and all male residents of said town liable for the payment of said street tax who are not able to pay the same, and have no property from which the same can be made in lieu of the payment of said street tax, said male residents shall be required and compelled by said chairman and board of commissioners to work on the streets of said town for and during a period not to exceed ten days, and all male persons within the prescribed ages, who shall reside in said town for and during the period of thirty consecutive days, shall be liable and subject to the payment of said street tax. Street tax. Who shall work streets. Sec. IX. And be it further enacted , That the chairman, and in his absence the chairman pro tem. , of said board of commissioners, alone shall have power and authority to try and punish all persons Page 459 charged with and found guilty of violations of the penal laws and ordinances of said town, and that said chairman and board of commissioners, in fixing and prescribing the penalties and punishment for violations by persons, of the penal laws and ordinances of said town,shall have the power and authority to impose and collect a fine not to exceed one hundred dollars, or to imprison in the common jail of said county for a period not to exceed sixty days, or to work upon the public streets for a period not to exceed sixty days, and they may impose either one or all of said penalties for the same offense. May try and punish offenders. Penalty. Sec. X. And be it further enacted , That this Act shall go into effect immediately after its passage, and that all laws and parts of laws in conflict with and militating against this Act be, and the same are hereby repealed. Approved September 26, 1883. TO AMEND THE CHARTER OF ATLANTA SO AS TO AUTHORIZE THE ISSUANCE OF BONDS TO PAY THE STATE FOR THE OLD CAPITOL AT MILLEDGEVILLE. No. 326. An Act to amend an Act entitled an Act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to authorize the said city to issue bonds amounting to $55,625.00, the same to be sold and proceeds thereof to be used in paying to the State of Georgia the amount agreed upon as the valuation of the old capitol building at Milledgeville, to provide for the redemption of the same, and for other purposes. Section I Be it enacted by the Senate and House of Representatives of Georgia , That the city of Atlanta is hereby authorized to issue bonds with the usual interest coupons attached to the amount of fifty-five thousand six hundred and twenty-five dollars, said bonds to issue and bear date as soon as the same can be performed, and shall be of such denomination and form, and bear such rate of interest (not exceeding six per cent.) as the mayor and general council of said city may by ordinance provide, and shall be payable thirty years from date. The said city shall not sell said bonds or any portion of them below par. They shall be non-taxable by city, and the proceeds arising from their sale shall be used in paying the amount due by the city of Atlanta to the State of Georgia, being the amount agreed upon, as the valuation of the old capitol building at Milledgeville, or for replacing other funds used for such purposes, in case it should be necessary to make such payment to the State before said bonds can be sold, and for no other purpose whatever. May issue bonds. Due in 30 years. Proceedshow used. Sec. II. Be it further enacted , The mayor and general council Page 460 shall provide by taxation sufficient amount to pay the principal and interest of said bonds as they mature. Provision for payment of. 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 26, 1883. TO AMEND AN ACT TO INCORPORATE THE TOWN OF REYNOLDS, IN TAYLOR COUNTY, Etc. No. 339. An Act entitled an Act to incorporate the town of Reynolds, in the county of Taylor, to authorize said town to issue bonds for school purposes, and for other purposes, approved March 11, 1865, 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 out all the first section next after the enacting clause of said Act, and all other parts and sections of said Act, except the said enacting clause of said section, and inserting the following, to-wit: That the said town of Reynolds, in the county of Taylor, is hereby incorporated, and the limits of the incorporation shall be co-extensive with the boundary lines and embrace all of lot number two hundred and seventy-four (274) in the first district of said county. How amended. Corporate lines defined. Section I. Be it further enacted , That the municipal government of said town of Reynolds shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Reynolds, and by that name and style shall have perpetual succession, be capable to sue and be sued in any court of law and equity in this State, plead and be impleaded, and to do all other acts relating to their corporate capacity, and shall have power to purchase, acquire, hold, receive, enjoy and possess, and to retain to them and their successors for the use and benefit of said town, in perpetuity or for any term of years, any estate, real or personal, lands, tenements or hereditaments of what kind or nature soever, either by gift, grant, demise, purchase or otherwise, and may sell, alien, convey or exchange the same, or any part thereof, in any way whatever. Corporate authorities mayor and five councilmen. Name of corporation General powers and franchises. Sec. III. Be it further enacted , That the corporate powers of said town shall be vested in a mayor and five aldermen, who shall be elected on the first Tuesday in January in each and every year, beginning with the year 1884. That the persons now acting as the mayor and aldermen of said town shall continue to hold and exercise the powers and authority of the offices to which they were elected, and also the power and authority that may be conferred upon said officers by virtue of this Act; but this shall not be construed to allow said mayor and aldermen to hold their said offices Page 461 longer than the remaining portion of the year 1883, and until their successors shall have been elected and qualified according to the provisions of this Act; that from and after the year 1883 the mayor and aldermen of said town shall hold their offices for one year, or until their successors are elected and qualified; and all citizens residing in the corporate limits of said town for thirty days previous to said election, who shall be entitled to vote for members of the General Assembly, shall be entitled to vote for said mayor and aldermen. Election of mayor and council. Present incumbents to serve until election. Terms of mayor and council. Who may vote. Sec IV. Be it further enacted , That elections for mayor and aldermen shall be held in said town at the usual place for holding elections in and for 741st district G. M., said county, or if that be impracticable at any time, at such place in said town as the mayor and aldermen thereof may direct. That said elections shall be held or managed by a justice of the peace or notary public, in and for said district, and by two freeholders of said town, and said managers shall take the same oath that the managers of elections for members of the General Assembly are required to take; and said election shall be conducted in the same manner that elections for members of the General Assembly are provided for in the (last) Revised Code of Georgia. Electionswhere held. Electionshow held. Sec. V. Be it further enacted , That managers of said elections shall seal up one list of voters who voted for mayor, and one tally sheet, and one list of voters who voted for aldermen of said town, and one tally sheet, which they shall deliver to the justice of the peace or notary public in and for said 741st district G. M., the day after said election, by any one of said managers and the justice of the peace in and for said district, assisted by the notary public and ex officio justice of the peace in and for said district, shall within three days after said election returns have been placed in his hands, open said election returns and shall declare the result. The person having the highest number of votes among the persons voted for mayor shall be declared duly elected mayor, and the five persons having the five highest number of votes, respectively, shall be declared elected aldermen or councilmen of said town of Reynolds, and said justice of the peace (or in the event he is from providential or other cause unable to act, the notary public and ex-officio justice of the peace in and for said district) shall commission persons so declared elected mayor and aldermen of said town for and during the time prescribed by law, unless the election of the mayor or aldermen, or any one or more of said aldermen shall be contested, in which event the person desiring to contest such election shall give his opponent written notice of the same, which notice shall contain a statement of the ground of contest, within two days after the election so contested, and such contestant shall also give the justice of the peace of said 741st district G. M. (or notary public and ex-officio justice of the peace, in and for said district, in the event the justice of the peace for said district shall from any cause be unable to act) notice not to commission the person who was declared elected, and whose election is so contested. There shall be two separate sets of lists of voters, and two tally sheets kept by the managers at each Page 462 election of said officers, and two lists of voters embracing the names of persons voting for mayor, and two lists of voters for aldermen; but the tally sheets and lists of voters, both of the election of mayor and of election of aldermen of said town, shall be enclosed in one package, and the return made in the manner hereinbefore prescribed. Returns of electionhow made. Result declared. Mayor and councilhow commissioned. Election contestsproceeding in. Sec. VI. Be it further enacted , The justice of the peace in and for said 741st district, G. M., said county (or in the event there is no justice of the peace in and for said district, or he is from any cause unable to act, then the notary public and ex-officio justice of the peace for said district), shall decide all contested elections for mayor and aldermen of said town of Reynolds. The same shall be heard and passed upon within twenty days after the election contested, under the same rules and regulations that are prescribed by law for the conduct and trial of contested elections for county officers in this State. Both parties shall have five days' notice of the time when said contested election shall be heard and decided. In the event either party shall be dissatisfied with said decision, he, or they, shall have the right, at any time within three days next after such decision, to enter an appeal in said case to the ordinary of said county, who shall appoint a time for the hearing of said case, not later than ten days from the time said appeal is filed in his office; and the decision of said case by the ordinary shall be final. The appellant in all cases of contested elections, before his appeal shall be transmitted to the ordinary, shall pay all costs that have accrued, and also give bond, with good security, for all future costs that may accrue in the transmission and trial of such appeal. The appeal bond shall be approved by the justice of the peace, or notary public, as the case may be, whenever, in his judgment, the security on said bond is good. In the event any appeal in any contested election shall be taken as provided in this section, no commission shall be issued to the person whose election has been contested until the final termination of such contest. Contestsby whom and how decided. Notice to parties in contest. Appeal to ordinary allowed. Costs required by appeal and bond. Sec. VII. Be it further enacted , That illegal voting at any election held in said town of Reynolds for mayor or aldermen, or at any other election held in said town under this Act, shall be punished in the same manner as illegal voting at an election for members of the General Assembly. Illegal voting punished. Sec. VIII. Be it further enacted , That no person shall be eligible to the office of mayor or alderman of said town of Reynolds who does not reside within the corporate limits of said town, and who is not eligible to a seat in the lower house of the General Assembly of the State of Georgia, and who has not resided within the corporate limits of said town for thirty days next preceding his election. Persons. eligible for mayor or aldermen. Sec. IX. Be it further enacted , That at all meetings of mayor and aldermen, the mayor shall preside, if present; if not, any one of said aldermen that may be selected for that purpose; and the mayor and three aldermen, or the mayor pro tem. and three aldermen, shall constitute a quorum for the transaction of any business; and the mayor and the mayor pro tem. shall in no event vote while presiding, unless there is a tie; then he shall have the casting vote. A Page 463 majority of the votes shall determine all questions and elections; and the mayor shall be ex-officio justice of the peace, with criminal jurisdiction, only for offense committed within the corporate limits of said town, for purposes of commitment and bail as justices of the peace now have authority under the laws of this State. Mayor to preside at all meetings of mayor and aldermen. Mayor ex-officio a justice of the peace. Sec. X. Be it further enacted , That the mayor and aldermen of said town of Reynolds shall have full power and authority to enact and promulgate all such laws and ordinances as to them may seem proper for the government of said town; to remove pests and nuisances, and to perform all other acts necessary and proper to carry out the provisions of this Act and all contracts in their corporate capacity which they may deem necessary for the welfare of said town; provided , none of said ordinances conflict with the Constitution and laws of the State of Georgia and of the United States. Mayor and aldermen may make laws to govern said town. Further powers and duties. Sec. XI. Be it further enacted . That the mayor or mayor pro tem. , or in case of their absence or inability, any two of the aldermen of said town shall have full power and authority to hold a court for the trial of offenders against all or any of the laws or ordinances of said town, and to punish for each and every violation thereof, within the corporate limits of said town, by a fine not to exceed one hundred dollars or by imprisonment in the common jail of said county, (or the guard-house of said town) not exceeding thirty days, or by working on the public streets of said town not exceeding thirty days, and any or more of these punishments may be ordered in the discretion of the mayor, mayor pro tem. , or the aldermen trying the case; provided , no person shall be imprisoned for a longer period than thirty days for the same offense Court to try offenders. Offendershow punished. Sec. XII. Be it further enacted , That the mayor and aldermen of said town shall have the privilege and power to grant license to sell by wholesale or retail spirituous or malt liquors within the corporate limits of said town, and no person shall sell any spirituous or malt liquors within the corporate limits of said town without first obtaining such license; provided , the license for retailing spirituous or malt liquors in said town shall not exceed the sum of five hundred dollars per annum, and said mayor and aldermen shall have power to levy and collect a tax on all billiard tables, pool tables and other tables kept for playing or renting, also ten-pin alleys or alleys of any kind which are kept for the purpose of playing on or renting; provided , that the taxes do not exceed that imposed by law on such tables or alleys, and the mayor and aldermen of said town shall have power and authority to levy and collect a tax from all itinerant showmasters who may exhibit in said town any show, circus riding or tumbling, sleight of hand, trick of legerdemain or any theatrical hibition coming under description; provided , said tax does not exceed that now imposed by law on such shows. Mayor and aldermen may regulat liquor sales. Limitation of license. May levy and collect tax on billiard tables, etc May tax itinerant showmen. Sec. XIII. Be it further enacted , That the mayor and aldermen of said town shall have power to levy and collect a tax on each and every business carried on in said town; provided , said tax does not exceed the sum of ten dollars per annum for each business so taxed; and the mayor and aldermen of said town shall have power and authority to levy and collect a tax on every dray that may be run in Page 464 said town for hire; provided , the same shall not exceed ten dollars per annum for each dray so taxed. May tax business. May tax drays. Sec. XIV. Be it further enacted , That said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary of said county or some other officer authorized to administer an oath, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor or alderman of the town of Reynolds during my continuance in office, so help me God. Mayor and aldermen to take oath. Sec. XV. Be it further enacted , That the mayor and aldermen of said town shall, as soon as convenient after being qualified, proceed to elect, by ballot, a marshal, and if they deem it necessary, a deputy marshal, clerk of council and treasurer, and any other officer they may deem necessary for the government of said town, each of whom, unless removed, shall remain in office one year, or until their successors are elected and qualified, and shall take and subscribe, before entering upon the duties of their respective offices, such oath as the mayor and aldermen may prescribe; that said mayor and aldermen shall have full power to remove from office, or to punish by fine not exceeding one hundred dollars, or both, any officer elected by them for any neglect, malpractice in or abuse of said office, and the mayor and aldermen of said town may, if they deem fit, elect one of the aldermen of said town mayor pro tem. , who, in case of the absence, sickness or disability from any cause whatsoever of the mayor of said town of Reynolds, shall be, and hereby is invested with the same power and authority as said mayor during the continuance of such absence, sickness or other cause of disabilty. May elect marshal, clerk and treasurer, etc. Their term of office. Must take an oath. May elect mayor pro tem. Sec. XVI. Be it further enacted , That in case the mayor or any aldermen, while in office, shall be guilty of any willful neglect, malpractice in or abuse of said office, he or they shall be liable to be indicted before the superior court of Taylor county, and on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every offense or imprisonment in the common jail of said county not exceeding six months, or both, and also be removed from office by the judge of the superior court at the same term at which he or they are tried and convicted. Mal practice willful neglect, etc.,how punished. May be removed from office. Sec. XVII. Be it further enacted , That if the office of mayor shall become vacant by death, resignation or otherwise, the mayor pro tem. of said town, if there be one, shall succeed to said office; if there be no mayor pro tem of said town, then the aldermen of said town shall elect one of their number to fill the vacancy created as aforesaid, and the mayor pro tem. , who shall succeed to said vacancy, or the alderman elected to fill such vacancy, shall hold said office until the next regular election for mayor, and until his successor is elected and qualified. Before such mayor pro tem. or alderman elected as aforesaid, shall enter upon the duties of said office of mayor, he shall take the oath of office prescribed in section fourteen of this Act; and the said mayor pro tem. or alderman elected as aforesaid, shall upon taking said oath of office, be invested with all the power and authority conferred by law on the mayor of said town. Vacancieshow filled in office of mayor. Mayor pro tem. must take oath. Sec. XVIII. Be it further enacted , That if the office of any one Page 465 of the aldermen of said town shall become vacant by death, resignation or otherwise, the mayor shall appoint some person to fill the unexpired term, who, before entering upon the duties of his office, shall take and subscribe the oath of office prescribed for aldermen of said town. Vacancy in office of aldermanhow filled. Must take oath. Sec. XIX. Be it further enacted , That in case there should be a failure at any time to elect a mayor and aldermen of said town, as provided for in this Act, the ordinary of Taylor county shall order an election, and give ten days notice of the same, which election shall be held in the same manner as pointed out by this Act for the regular election for mayor and aldermen of said town. Ordinarywhen to order election. Sec. XX. Be it further enacted , That all warrants issued by the mayor of said town, against any person charged with a crime against the laws of this State, shall be directed to the marshal of said town, and to any sheriff, deputy sheriff, coroner or constable of said State. Warrants issued by mayorhow directed. Sec. XXI. Be it further enacted , That all fines imposed on any offender against the laws and ordinances of said town under this Act, shall be collected by imprisonment in the guard-house of said town (or at the option of the officer or court inflicting the penalty, in the common jail of said county), or by execution against said offender, which execution shall be issued by the clerk of the court trying the offender, and in favor of the town of Reynolds, and shall bear test in the name of the mayor of said town, and shall be directed to the marshal of said town, and all and singular the sheriffs of said State; and all executions issued under the provisions of this Act shall be of the same dignity and rank as executions from any other court of this State. Fines, how directed. Sec. XXII. Be it further enacted , That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during their continuance in office. Salaries of officershow fixed. Sec. XXIII. Be it further enacted , That the expenditures of the mayor and aldermen, and the compensation of the town officers shall be paid out of the town funds by an order drawn by the clerk of council upon the town treasurer, and countersigned by the mayor or mayor pro tem. Expenditureshow paid. Sec. XXIV. Be it further enacted , That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes upon all property, real and personal, within the corporate limits of said town, as they shall deem necessary for the support and government of said town; provided , that said tax does not exceed one half of one per centum on the assessed value of the property taxed. May levy taxes on all property. Sec. XXV. Be it further enacted , That it shall be the duty of all tax-payers and owners of taxable property within the corporate limits of said town, and they, and each of them, by themselves or an agent, are hereby required to make annual returns, under oath, to the clerk of council in said town, or to such other officers as the mayor and aldermen of said town may appoint for such purpose, at such time as the mayor and aldermen of said town may limit, of all taxable property in said town, held in their own right or in the Page 466 right of any other person; and in case any person or persons shall refuse or fail to make such returns, or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person or persons, and fix such value as they may deem correct and just; and all taxes and fines levied and imposed by the mayor and aldermen (in case of refusal to pay the same) shall be collected in the following manner: An execution for the sum due, and all costs, shall be issued by the clerk of council bearing test in the name of the mayor against the estate, both real and personal, of such defaulter, and directed to the marshal, and shall be levied by the marshal or deputy marshal, on any property of said defaulter, and the marshal or deputy marshal of said town shall sell such property in the manner hereinafter directed. Tax-payers to make annual returns under oath. Defaulters in making returnshow dealt with. Sec. XXVI. Be it further enacted , That all sales made by the marshal or deputy marshal of said town of any property, real or personal, under any execution issued by the clerk of council for any taxes, or by the clerk of the mayor or aldermen's court, for any fines or forfeitures of recognizance or bonds, shall be made at the same time and conducted in the same manner that sheriff's sales are, and the deed of the marshal or his successors in office made in accordance with such sales shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defendant in such executions. Marshal's sales of property for taxeshow made Sec. XXVII. Be it further enacted , That upon the failure of any principal in any bond or recognizance given by a person charged with a penal offense, or by a prosecutor to prosecute, or by a witness to appear and testify at any court held by the mayor, mayor pro tem. or aldermen of said town, such bond or recognizance shall be forfeited before the mayor of said town (or the mayor pro tem. , as the case may be), at any regular term of court, in the same manner as provided in the last Revised Code of Laws of the State, and the clerk of said court shall issue execution in accordance with the judgment of said court, which execution shall bear test in the name of the mayor of said town and in favor of said town of Reynolds; such execution shall be of the same dignity and rank as executions from any court of this State. Bondshow forfeited. Sec. XXVIII. Be it further enacted , That the mayor, upon the trial or examination of any offender against the laws of the State, or laws or ordinances of said town, shall have power to issue all processes, writs and subp[UNK]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes, writs and subp[UNK]nas shall be signed by the clerk and bear his test in the name of the mayor of the said town of Reynolds, or other officers acting pro tem. , instead of said mayor, and be served by the marshal or deputy marshal of said town. Power of mayor in conducting trial of offenders. Processes, writs and subp[UNK]nashow issued, etc. Sec. XXIX. Be it further enacted , That the costs for issuing, serving and executing all warrants, processes, writs and subp[UNK]nas authorized by this Act, for the violation of any laws of this State, and laws or ordinances of said town, shall be the same as upon similar warrants, processes, writs and subp[UNK]nas, by the laws of this State, and shall be paid by the offender or offenders, in case he or Page 467 they shall be found guilty of the alleged violation of any of said laws or ordinances. Costs. Sec. XXX. Be it further enacted , That the marshal or deputy marshal shall have full power and authority to call to his aid any and all of the male citizens of said town, capable of bearing arms, for the arrest and apprehension of any offender against the laws of this State, or the laws or ordinances of said town, and in case any citizen shall refuse to render such aid, he shall be liable to such fine as the mayor and aldermen may impose, not exceeding twenty-five dollars or imprisonment for ten days in the guard-house of said town, or both. In the event the guard house of said town shall be deemed unsafe by the mayor of said town, he, the mayor of said town, is hereby empowered to order any offender, duly convicted, to the common jail of said Taylor county, in lieu of confinement in the guard-house of said town. Power of marshal to summon aid for arrests. Mayor may commit to jail of county. Sec. XXXI. Be it further enacted , That it shall be the duty of the jailor of the said Taylor county to receive, confine and safely keep within the common jail of said county, all prisoners committed under authority of this Act, under the like penalties and subject to the same action, as in the case of prisoners committed under authority of this State; provided , that said town of Reynolds shall be liable and at the close of each calendar month shall pay for all jail fees and the board of any prisoner committed by the mayor, mayor pro tem. , or the aldermen of said town, except the jail fees and board of such prisoners as are committed to await trial at the superior court of said county. Duty of jailor. Jail feeshow paid. Sec. XXXII. Be it further enacted , That the mayor of said town shall receive for his services such sum per annum as may be fixed by the aldermen of said town; provided , the said salary does not exceed the sum of one hundred dollars, which shall not be increased or diminished during his continuance in office. Mayor's salary. Sec. XXXIII. Be it further enacted , That hereafter any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes, or any other debt or demand due said corporation, shall be levied on any property and claimed by any other person not a party to said fi. fa. , that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned to and tried in the justice's court, or superior court having jurisdiction thereof, as the case may be. Claim to property levied onhow interposed, returned, and tried. Sec. XXXIV. Be it further enacted , That the mayor and council of said town shall have power and authority to appropriate any part of the funds in the treasury of said town to the purpose of establishing and maintaining a public school in the town of Reynolds. May appropriate in behalf of education. Sec. XXXV. Be it further enacted , That the mayor and council of said town may and are hereby authorized to make such rules and regulations for the government of said school as they may deem fit; also, the said mayor and council of the said town of Reynolds shall have the power and authority to fix the rates of tuition of the pupils of said school, and prescribe upon what terms pupils, not residents of said town of Reynolds, may enter and enjoy the benefits of said school; said mayor and council shall also have power and authority to employ such and as many teachers as in their judgment Page 468 the welfare and interest of said school require, and upon such terms as said mayor and council shall deem fit. Mayor and council may make laws to govern the schools in said town. May employ teachers etc. Sec. XXXVI. Be it further enacted , That the white and colored children of said town shall be taught in separate schools. Separate schools for white and colored. Sec. XXXVII. Be it further enacted , That the mayor and council of said town 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 Taylor county, and present the same to the county school commissioner, who is hereby authorized and directed to pay over to the treasurer of said town of Reynolds, or such officer as the mayor and council may appoint to receive the same annually, the proportionate part of the public school fund of said 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. May make report of pupils to commissioner. County school fund to be apportioned. Sec. XXXVIII. Be it further enacted , That said mayor and council of said town shall have power, if they shall deem fit and proper, to issue bonds upon said town of Reynolds to the aggregate amount of two thousand five hundred dollars, payable at not less than five nor longer than twenty years after the date of said bonds; said bonds not to bear interest at a rate of interest greater than seven per cent. per annum; said bonds to be issued in such amounts as the mayor and council of said town shall deem proper, but in no event shall any bond issued by the mayor and council of said town under this Act, be for an amount or sum less than one hundred dollars. In the event said mayor and council shall decide to issue bonds under this Act, all the property, both real and personal, within the corporate limits of said town of Reynolds, shall be pledged and liable for the principal and interest due on such bonds so issued as aforesaid; said bonds, if they shall be issued by the mayor and council of town, shall be signed by the mayor and clerk of council of said town, and shall have such form and style as the mayor and council of said town shall prescribe; provided , that before the said mayor and council shall issue said bonds said mayor and council, at a regular meeting, pass an ordinance prescribing and directing the aggregate amount, denomination of said bonds, rate of interest thereon, the time when said bonds shall become due and payable, and the style and character generally of said bonds, which said ordinance, before it shall have the effect and force of law, shall be submitted to a vote of the qualified voters of said town, which election shall be held under the same rules and regulations herein prescribed for the election of mayor and aldermen, and such ordinance shall not be considered adopted and authorized unless at said election, the vote at said election shall aggregate at least two thirds the number of votes cast at the election next preceding the election ordered to determine whether or not said bonds shall be issued. If at said election a majority of the votes cast shall be in favor of said ordinance, (authorizing the issue of said bonds,) said mayor and council shall have power and authority to issue bonds to the amount named in the ordinance of said mayor and council; provided, further , that the money realized from the issue and sale of said bonds shall be appropriated Page 469 exclusively to the support and maintenance of the public schools that may be hereafter established by the mayor and council of said town. May issue bonds. Description of bonds. Pledge o payment. Ordinance providing formust be submitted to qualified voters. The registered or legal voters. Ratification by voters. Money raised to be appropriated to educational purposes. Sec. XXXIX. 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 26, 1883. TO AMEND AN ACT TO CREATE A BOARD OF POLICE COMMISSIONERS FOR THE CITY OF AUGUSTA. No. 340. An Act to amend the Act entitled 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 26, 1879, as altered September 14, 1881, by an Act amendatory of the Act aforesaid, 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 to entitle him to and invest him with all the privileges and powers incident to membership proper, by changing the method of electing the members 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 authority of the same , That from and after the passage of this Act, section second of the above recited Act, approved September 14, 1881, be amended as follows by striking herefrom, beginning at the seventh line of said section, the words, to-wit: On the last Wednesday in December, 1882, the board of commissioners shall elect viva voce a citizen of Augusta, qualified as hereinafter stated, to serve as a member of the board for the term of five years, commencing January 1, 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, and substitute therefor the following, to wit: On the last Wednesday in December, 1883, the city council of Augusta, by a majority vote of all the members elected, 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 1, 1884, and annually thereafter, on the last Wednesday in December, it shall be the duty of the city council of Augusta to elect, in the manner mentioned, one member of said board for the term of five years, commencing on the first day of January next following his election. All vacancies in said board shall be filled by the city Page 470 council of Augusta, in the manner herein named, as soon as practicable after said vacancies occur. City council to elect. Vacancies filled. Sec. II. Be it further enacted by the authority aforesaid , That all of section six of said original Act, approved August 26, 1879, except the enacting clause thereof, be stricken out and the following substituted therefor, to-wit: That if any member of said board shall become a candidate for, or shall accept or hold, any office of profit or trust, either Federal, State, county or municipal, such Act shall at once operate as a forfeiture of his membership of said board. It shall be the duty of the board at once to notify the city council of any vacancy that may exist by reason of such forfeiture, or from any other cause, and the city council shall proceed to fill said vacancy as hereinbefore directed. Office forfeited. Sec. III. Be it further enacted by the authority aforesaid , That section five of said amendatory Act, approved September 14, 1881, be amended by striking out all the words which follow the words powers incident to membership, so that said section as amended will read as follows: Be it further enacted by the authority aforesaid , That the mayor of the city of Augusta shall be ex-officio a member of said board, entitled to and invested with all the privileges and powers incident to membership proper. Mayor a member of board. 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 26, 1883. TO PROVIDE FOR REGISTRATION OF VOTERS IN THE TOWN OF QUITMAN, BROOKS COUNTY. No. 361. An Act to authorize the mayor and aldermen of the town of Quitman to provide for the registration of the legal voters of the incorporation, and enforce the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the town of Quitman, in Brooks county, be, and they are hereby authorized and empowered to enact such ordinance or ordinances, providing for the registration of the legal voters in the limits of the incorporation as, in their discretion, shall seem meet and proper, and to provide for the enforcement of the same Mayor or aldermen may require registration of all votes. 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 26, 1883. Page 471 TO INCORPORATE THE TOWN OF JASPER, IN PICKENS COUNTY. No. 395. An Act to incorporate the town of Jasper, in the county of Pickens, to extend the limits and define the powers of the same, and to repeal all laws in relation to said town in conflict with this Act, and for other purposes therein named. Section I. Be it enacted by the General Assembly of the State of Georgia , That the townof Jasper, in the county of Pickens, be and the same is hereby incorporated as a town, under the name of the town of Jasper. Incorporated. 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 court-house of said county in said town. Corporate limits. Sec. III. Be it further enacted by authority of the same , That W. R. Allen be, and the same is hereby appointed, mayor, and John R. Hamel, W. W. Davis, E. Wofford, C. Pickett and M. C. McClain, be, and they are hereby appointed, councilmen of said town of Jasper to hold their offices until the first election, as hereinafter provided. Mayor. Councilmen. Sec. IV. Be it further enacted , That on the first Saturday in January, 1884, and annually thereafter, on the same day, an election shall be held in said town for a mayor and five councilmen, who shall hold their office 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 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 elections shall be held and conducted in the same manner as elections for county officers in said 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, which said certificate shall be recorded by the clerk of the council in a book to be kept for that purpose. Elections for mayor and councilmen. Who may vote or hold office. Sec. V. 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 Jasper according to the best of my ability and understanding: so help me God. Official oath. Sec. VI. Be it further enacted , That should the office of mayor or councilman become vacant by death, resignation, removal, or otherwise, the council shall order a new election by giving ten days' notice, at which time a successor for the unexpired term shall be elected. Vacancieshow filled. Sec. VII. Be it further enacted , That said mayor and councilmen shall have power and authority to elect such marshals, clerk and Page 472 other subordinate officers, as they may deem necessary for carrying into effect the powers herein conferred upon them; to fix and regulate from time to time the salaries and fees, if any, of all officers under this charter; provided , however, that said mayor and councilmen do not receive directly or indirectly for their services as mayor and 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. Marshals, clerk, etc., Salaries and fees. Sec. VIII. 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 authoitry 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 the violation of the laws of the State, and to admit to bail, or commit to the guard-house for violation of the ordinances of said town. Ex-officio a justice of the peace. Powers as such. Sec. IX. Be it further enacted , That said mayor and councilmen shall have power to levy and collect per annum 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. Power to tax property. Street hands. Commutation tax. Sec. X. Be it further enacted , That the mayor and 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 or calling within the corporate limits of said town. Specific taxes. Sec. XI. Be it further enacted , That in all cases where any person or persons who have property of any kind subject to taxation within the corporate limits of said town, shall fail, refuse, or neglect to pay the taxes imposed according to this Act, the clerk of the 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 town, commanding him to levy on the goods, chattels, lands and tenements of the defendant or defendants, or so much thereof as shall be sufficient to satisfy the demand and cost, which execution shall bind all property of the defendant or defendants from the date thereof, and the cost thereof shall be the same as any 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 town shall direct. Tax executions. Defaulting tax payers. Sec. XII. Be it further enacted , That the mayor and councilmen shall have exclusive power to regulate the sale of intoxicating liquors or bitters in said town; to grant licenses or withhold them; to fix the fee for the same when granted, and to impose penalties upon any persons selling intoxicating liquors or bitters in said town without license. Intoxicating. Page 473 Sec. XIII. 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, and that the streets of said town are properly worked; he shall have control of the police of said town; 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 cost 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 not exceeding thirty days, or confinement at labor on the streets of said town not longer than twenty days. Chief executive. Sec. XIV. Be it further enacted , That in case the mayor or any member of the council, while in office, shall be guilty of willful neglect, malpractice, or abuse of said office, he or they shall be liable to be convicted before the superior court of Pickens county, and on conviction thereof shall be fined in a sum not exceeding two hundred dollars, or imprisonment in the penitentiary of this State for a term not exceeding one year, or both, for each and every offense, and shall moreover be removed from office. Willful neglect, malpractice, etc. Sec. XV. 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 27, 1883. TO AMEND THE CHARTER OF MACON SO AS TO CONFER ADDITIONAL POWERS ON THE MAYOR AND COUNCIL THEREOF. No. 396. An Act to amend the several Acts incorporating the city of Macon, in Bibb county, of this State, so as to give the mayor and council of said city the power to grant reprieves and pardons, to commute or suspend penalties, to remit any part of a sentence imposed by the city recorder of said city, to enlarge and extend the corporate limits of said city, to provide for the erection and lease of a market house in said city, 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 mayor of the city of Macon, in the county of Bibb, shall be authorized to suspend the sentence of any prisoner carried before the recorder's court for a violation of any city ordinance, law or regulation until such person shall have an opportunity to appeal to the mayor and council of said city and Page 474 lay before that body a statement of the facts of his case, and the said mayor and council shall have power, after a full hearing of said case, to commute, remit or suspend such sentence. May suspend sentence. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said city shall be enlarged and extended, and the full municipal authority now held and exercised by said city of Macon, or hereafter granted to the same, shall be enlarged and extended over the following limits and boundaries, to-wit: Beginning at a stone at the southern corner of Boundary and Division streets and running it 34 30[UNK] east. along the southeast side of Division street and on a line of the McColhum's lease to the southeast side of Turpin street; thence south 55 31[UNK] east along the said south side of said Turpin street, about four thousand feet to the west corner of ten acre lots Nos. 18, 19, 20, 21, 22, to the Ocmulgee river, north of the Macon and Augusta Railroad bridge, thence up the Ocmulgee river about four thousand and one hundred feet to the southeast side of Seventh street, the present limits of the city, being the boundary of the city commons lying on the southeast side of said city. Corporate limits extended. Area added. Sec III. Be it further enacted by the authority aforesaid , That the mayor and council of said city be, and they are hereby authorized, in their discretion, to rent or lease from any person or persons who may build a suitable market house or houses in the city of Macon, for a term not exceeding fifteen years, at a rate of rental not to exceed eight per cent. per annum interest on the absolute investment, by such person or persons, and said mayor and council shall have authority to make all ordinances and regulations as are necessary and proper to protect the city in such lease; provided , that said mayor and council be, and they are hereby authorized to purchase said market house or houses at any time during said fifteen years at the original cost thereof, and the same may be located upon the property of the city if desired, in the discretion of the mayor and council, but subject to the conditions that the city shall always, within the said fifteen years, have the right to purchase as aforesaid at the cost aforesaid; provided , that this section shall not take effect until the question of whether or not a market shall be leased under the provisions of this section shall have first been submitted to the qualified voters of the city of Macon, at an election to be held for that purpose, which election may be ordered by the mayor and council at any time, twenty days' notice thereof being first given, and such election to be held under the same rules and regulations, and in the same manner as other city elections are held, and the qualifications of voters to be the same as at such other elections. Market house. May rent. May purchase. Submitted to the qualified voters. Electionhow held. Who may vote. 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 27, 1883. Page 475 TO AMEND THE CHARTER OF WRIGHTSVILLE, IN JOHNSON COUNTY. No. 298 An Act to amend an Act entitled an Act to incorporate the town of Wrightsville, in the county of Johnson; to appoint commissioners for the same, and for other purposes therein mentioned, approved February 23, 1866, so as to extend and more clearly define the jurisdiction and duties of said commissioners, and to provide for the pay of certain members and officers of the same. Section I. Be it, and it is hereby enacted by the General Assembly of the State of Georgia , That section five of the above recited Act be, and the same is hereby amended by striking out, from the sixth to the tenth line of said section five, all that relates to the collection of a poll tax, and inserting in lieu thereof the following: That said commissioners may levy and collect a street tax not to exceed two dollars per year on each and every person liable to road and street duty in said town, the payment of which shall exempt the persons so paying the same from street or road duty in said town for the year in which said tax shall be paid. Amended by striking out poll tax and providing for street tax. Sec. II. Be it further enacted , That said section five be further amended by striking out the words ten dollars or ten days' imprisonment, in the twenty-third line thereof, and inserting in lieu thereof twenty dollars or thirty days' imprisonment, so as to authorize said commissioners to punish offenses against their by-laws by fine not exceeding twenty dollars nor imprisonment not exceeding thirty days. Amended by increasing power to punish violations of by-laws, etc. Sec. III. Be it further enacted , That the president of said board of commissioners shall act as the presiding officer of the same, and shall be vested with authority of trying and passing upon offenses against the ordinances or by-laws of said town; and in case of his absence, disqualification or refusal to act, then a majority of said board shall act. Said president shall also be vested with authority, and it shall be his duty, to look after the promotion of the peace and good order and general enforcement of the by-laws and ordinances of said town, and shall receive as compensation for his services, as cost, the sum of three dollars for each case tried by him, to be paid by the defendant in case of conviction, and in case of acquittal to be paid by the treasurer of said board. President of board of commissionershis powers and duties. Costs allowed, etc. 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 27, 1883. Page 476 TO INCORPORATE THE TOWN OF BALL GROUND, IN CHEROKEE COUNTY. No. 401. An Act to incorporate the town of Ball Ground, in the county of Cherokee, State of Georgia, to provide for a mayor and five councilmen, to define their powers, and for other purposes therein named. 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 Ball Ground, Cherokee county, Georgia, shall extend one-half mile in every direction from the present railroad crossing on the Gilmer Ferry road; that it shall be known and distinguished as the town of Ball Ground. Corporate limits. Corporate name. Sec. II. And be it further enacted by the authority aforesaid , That the government of said town shall be vested in a mayor and five councilmen, to be elected twenty days after the passage of this Act, after giving ten days' notice in as many as three public places in said town; said mayor and councilmen to be elected annually thereafter on the first Saturday in January; said election to be held and managed by one justice of the peace and two freeholders, and the persons receiving the highest number of votes shall be declared duly elected. The managers of said election shall give certificates of such election to the persons receiving the highest number of votes, which shall be their authority to act. Corporate authority vested. Election of mayor, etc. Managers to certify election. Sec. III. And be it further enacted by the authority aforesaid , That no person shall be entitled to vote for mayor and councilmen except he be duly qualified to vote for members of the Legislature, and shall be a citizen residing within the corporate limits of said town. Any person voting at such election, contrary to the provisions of this section, shall be guilty of misdemeanor, and, on conviction thereof, shall be punished as provided by law in such cases. Who may vote. Sec. IV. And be it further enacted by the authority aforesaid , That the mayor and members of the council shall hold their offices until their successors are elected and qualified; and in the event that the office of mayor or any one of the councilmen shall become vacant by death, removal, resignation, or otherwise, that the mayor, or in case his seat be vacant, a majority of the members of the council, shall order a new election by giving at least ten days' notice in three or more public places in said town. Said election to be held in the same manner as prescribed in section second of this Act. Official terms. Vacancies filled. Sec. V. And be it further enacted by the authority aforesaid , The mayor and council shall, at their first meeting, elect one of their number for clerk, whose duty it shall be to keep a record of the acts and doings of said council, in a book kept for that purpose; also, it shall be the duty of said mayor and council to elect one of their number a treasurer, whose duties it shall be to keep a record of all moneys received and paid out, and for what purposes. Said mayor and council Page 477 shall have power to elect a marshal, to prescribe his duties and to fix his compensation. Clerk. Treasurer. Sec. VI. And be it further enacted by the authority aforesaid , That the mayor and members of the council shall be a body corporate, and as such shall sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall have and use a common seal, and shall be capable in law to hold, purchase, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town of Ball Ground, in perpetuity or for any term of years, any estates, real or personal, lands, tenements, hereditaments of what kind or nature soever, within the limits of said town, to sell, alien, exchange or release the same or any part thereof, or in any way whatsoever; and the said mayor and council shall have full power and authority to pass all by-laws and ordinances respecting the streets of said town, to open, improve or lay out the same, respecting public buildings work-houses, market-houses, public houses, houses of ill-fame, carriages, wagons, carts, drays, pumps, wells, springs, care of the poor, care of all public cemeteries, suppression of disorderly houses, and every by-law, regulation or ordinance that shall appear to them necessary and proper for the security, welfare, good order and interest of said town, or for preserving the peace, health, morals, order and good government of the same. Corporate powers. Sec. VII. And be it further enacted by the authority aforesaid , That as soon as convenient after the election the mayor shall, before a judge of the superior court, ordinary, or acting justice of the peace, take and subscribe the following oath: I, , do solemnly swear that I will, to the utmost of my ability, discharge the duties of the office of mayor for the town of Ball Ground during my continuance in office, so help me God. And the mayor, after having so qualified, shall administer said oath to each member of council, and to every other officer of said town. Sec. VIII. And be it further enacted by the authority aforesaid , That if the mayor, or any member of the council, while in office, shall be guilty of any willful neglect, malpractice in or abuse of said office he, or they, shall be liable to be indicted before the superior court of Cherokee county, and, on conviction thereof, shall be fined or imprisoned, as the court may direct, and shall, moreover, be removed from office, said fine or fines to be paid over to the treasurer of said council to be used for the benefit of said town. Neglect, malpractice, etc. Sec. IX. And be it further enacted by the authority aforesaid , That the mayor and three members of the council shall form a quorum to transact all business before said council. The mayor and each member of the council shall be, to all intents and purposes, a justice of the peace, so far as to enable them, or any of them, to issue warrants for offenses committed within the limits of said town, which warrants shall be executed by the marshal or his deputy, to commit to the jail of Cherokee county, or admit to bail, offenders for their appearance before the next superior court thereafter for the county of Cherokee, to await his, her or their trial. Quorum. Ex-officio justice of the peace. Powers as such. Sec. X. And be it further enacted by the authority aforesaid , That Page 478 said mayor and council of the town of Ball Ground shall have power and authority to call out each and every male person within the limits of said corporation, subject to road duty, who shall be compelled to do road and street duty on the roads, streets and sidewalks within the limits of said incorporation, according to the laws now of force in this State, or the mayor and council may levy and collect a tax for the purpose of keeping the roads, streets and sidewalks in good order, which shall be a commutation for road duty. Sec. XI. And be it further enacted by the authority aforesaid , That the mayor and council shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of the town; to remove pests and nuisances, and perform all other acts necessary to carry out the provisions of this Act, not incompatible with the laws of this State nor of the United States. The mayor and council shall empower the marshal or his deputy to remove or abate all nuisances within the limits of said town, and require him to prosecute, before the superior court, all offenders against the statute laws of this State, and for this purpose the marshal or his deputy shall have power and authority to examine all places where he suspects a violation of the laws of the State, or ordinances of the town is being perpetrated; and shall have full power and authority to call to his aid any and all of the male citizens of said town, capable of bearing arms, and shall report all offenders against the laws of this State to the mayor or any member of the council, whose duty it shall be, upon such report, to issue a warrant or warrants, and bind over such offenders to appear before the proper tribunal to answer such charge. Ordinances, etc. Nuisances. Sec. XII. And be it further enacted by the authority aforesaid , That the mayor, or in his absence any three members of the council, shall have full power to impose such fines, not exceeding fifty dollars, for violation of any or all the by-laws and ordinances of said town within the corporate limits of the same. Impose fines, etc. Sec. XIII. And be it further enacted by the authority aforesaid , That the payment of all fines imposed in pursuance of the preceding section shall be enforced in the same manner as provided for the collection of taxes, or by labor on the streets or public works within the town, or by confinement in the calaboose, in the discretion of the mayor. Penaltieshow enforced. Sec. XIV. And be it further enacted by the authority aforesaid , That any person or persons making application to said mayor and council for license to sell spirituous or malt liquors at retail within the corporate limits of said town, shall make and file with the mayor and council a good and sufficient bond for carrying out the provisions prescribed by the laws of this State; also, that he or they shall take the oath prescribed in such cases, and shall have a petition signed by two-thirds of the citizens of said town, asking for such license. Said person or persons making application for such license shall also be required to pay a sum not less than one hundred dollars tax, which sum shall be paid into the treasury and appropriated to the use of said town of Ball Ground. Liquorssale of. Sec. XV. And be it further enacted by the authority aforesaid , That Page 479 the mayor and council shall have power to levy and collect a tax on all billiard tables, kept or used for the purpose of playing on, gaming or renting, and on all ten-pin alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or for renting the same, and said mayor and council shall have power to levy and collect a tax of not exceeding fifty dollars for each exhibition of all itinerant show masters, shows, circus riding, tumbling, sleight-of-hand, tricks of legerdemain, or any other kind whatever coming under this description. Power to tax games, etc. 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 27, 1883. TO AMEND THE CHARTER OF GAINESVILLE SO AS TO PROVIDE FOR REGISTRATION OF VOTERS. No. 416. An Act to amend the charter of the city of Gainesville so as to provide for the registration of the voters of said city, to prescribe the manner thereof, 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 the clerk of the city council of Gainesville shall keep a book, in which he shall enter the names of all persons who are citizens of said city, and otherwise entitled to vote in the election of officers of said city. For the purpose of registering the names of such persons he shall keep his office open at least eight hours each day, Sundays excepted, from the first day of October till, and including, the Monday before the first Tuesday in December of each and every year, except the present year, when said books shall be opened on the third Monday in October, and be closed on the Monday before the first Tuesday in December. Registration of voters. Sec. II. Be it further enacted by the authority aforesaid . That each and every person applying to be registered shall make oath before the clerk (who is hereby authorized to administer the same), that he is twenty-one years of age; that he resides in said city; that by the second Tuesday in December next thereafter he will have resided in said State one year, and in the city of Gainesville for thirty days; that he has paid all legal taxes required of him, and which he has had an opportunity of paying, except the year in which he makes oath. Oath of person registering. Sec. III. It shall be the duty of such clerk to furnish the book of registration herein provided for, which shall be made out alphabetically, to the managers of any and all municipal elections held within twelve months next succeeding the completion of said registry. Shall furnish register to managers of elections. Page 480 Sec. IV. Be it further enacted , That any person knowingly swearing falsely to procure the registry of his name as herein provided shall be deemed guilty of false swearing, and on conviction shall be punished as is prescribed for such offense. False swearing. Sec. V. Be it further enacted , That no person whose name does not appear on said register shall be permitted to vote at any election for municipal officers of said city, unless he will swear in addition to the oath herein required that he has made application for registry as herein provided, and that registration was refused, or that he was prevented from registering by illness or other unavoidable cause. And said clerk shall keep a separate book, in which he shall record the names of persons refused registration and the reasons therefor. Any person voting at said election who was not entitled to register or vote as herein prescribed, and who was not entitled to register or vote as herein provided, shall be guilty of a misdemeanor, and on conviction punished as prescribed in section 4310 of the Code of Georgia. Who may vote. Special oath. Sec. VI. Be it further enacted , That if any person making application for registry shall be refused the right to register, he shall have the right to appeal to the mayor and council, who shall hear and determine the question of his qualification and his rights to register and to vote. Appeals to mayor and council. Sec. VII. That the notice of the opening of such book of registration for the present year, 1883, shall be given in the newspaper in which the city printing is done, once a week for two weeks prior to the time fixed for the opening of said books, and the notice of future registration shall be published in the paper doing the city printing for at least thirty days before the time fixed for the opening of said books. Noticehow given of opening book. Sec. VIII. 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 27, 1883. TO INCORPORATE THE TOWN OF FORT VALLEY, IN HOUSTON COUNTY, ETC. No. 419. An Act to incorporate the town of Fort Valley, in the county of Houston; to define the limits of the same, and to repeal all previous Acts incorporating the same or amendatory thereto. Section I. Be it enacted by the General Assembly of the State of Georgia , That the municipal government of the town of Fort Valley shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Fort Valley, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue Page 481 and be sued in any court of law or equity in this State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, and to retain to them and their successors, for the use and benefit of the town of Fort Valley, in perpetuity, or for any term of years, any estate, real and personal, lands, tenements and hereditaments, of whatever kind or nature soever, within the limits of said town; and to sell, alien and exchange or lease the same or any part thereof, or convey the same and any interest therein in any way whatever. Corporate name. General powers. Sec. II. Be it further enacted , That from and after the passage of this act, the corporate limits of the town of Fort Valley shall extend three-fourths of a mile in every direction from the public well in said town between Macon, Main and Church streets. Corporate limits. Sec. III. Be it further enacted , That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Wednesday in April next, ten days' notice having been given, and on the same day in every second year thereafter, and that said mayor and aldermen shall hold their offices for two years or until their successors are qualified, and all citizens residing in said corporation, who shall register in accordance with the provisions of this act, shall be entitled to vote for said mayor and aldermen. Corporate powers vested. Elections. Sec. IV. Be it further enacted , That it shall be the duty of the clerk of the council of Fort Valley to open a list for the registration of voters, at his office in said town, on the first day of March next, and on the same day in each second year thereafter, said list to be kept open during such hours of the day as the mayor and council may direct, and until the eleventh day of said month; and no person shall be allowed to vote who has not registered, and no person shall be allowed to register who has not attained the age of twenty-one years, or who will not be twenty-one on the day of said election, and who has not resided in the said town for six months previous to the day of said election, and who has not paid all legal taxes imposed and demanded of him by the authorities of said town, and who has not done all work required of him by the said authorities on the streets of said town, or paid tax in lieu thereof No person shall be allowed to register, who being required by the clerk shall refuse to take the following oath, to wit: I do solemnly swear that I have attained the age of twenty-one years or will have attained the age of twenty-one years on the day of said election, that I am a citizen of Fort Valley and have resided therein for six months previous to the day of said election, I have paid all taxes legally imposed and demanded of me by the authorities of said town, and I have done all work required by them on the streets of said town or paid tax in lieu thereof. And it shall be the duty of said clerk of the council to post a list of the registered voters at the mayor's office or town hall and also at the post-office in said town, (when there is one) by two o'clock the day preceding the said election, and also to furnish the managers of said election with a similar list, who shall not allow any one to vote whose name does not Page 482 appear thereon. Any person voting illegally at said election shall be liable to the same penalties prescribed by the laws of this State for illegal voting at the State and county elections, and shall be prosecuted therefor in the courts of Houston county. Registration. Duty of clerk. Sec. V. Be it further enacted , That a justice of the peace and one freeholder or three freeholders in said town, being first sworn to hold said election properly and faithfully according to law, may preside over said election, neither of said managers to be a candidate; and the persons receiving the highest number of votes shall be declared duly elected, and the said managers shall give their certificates of election to such persons as shall be entitled thereto, and said certificates shall be evidence of the fact of their election and their authority to act; and the said certificates shall be recorded by the clerk of the council in a book kept for that purpose, and this record shall be the highest evidence of said election. Electionby whom held. Certificates. Sec. VI. Be it further enacted , That the mayor and aldermen before they enter upon the duties of their respective offices, shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman, as the case may be,) of the town of Fort Valley during my continuance in office, so help me God. Official oath. Sec. VII. Be it further enacted , That said mayor and aldermen shall, at their first meeting after being duly qualified, proceed to elect, by ballot, a marshal, and if they deem necessary, a deputy marshal, and a clerk and treasurer, each of whom, unless removed from office, shall remain in office until a new election and qualification of mayor and council, and that said mayor and aldermen shall have full power to remove from office or to punish by fine, not exceeding fifty dollars, any officer elected by them, for any neglect, malpractice in or abuse of his said office, and the mayor shall have full power to suspend the marshal or deputy marshal from exercising the duties of his office until the next regular meeting of the council, when said body may take such action in the premises, in reference to the said suspension, as they may deem necessary; that in case there should be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any three freeholders of said town, upon giving ten days' notice thereof, shall proceed to hold an election for said officers as heretofore specified, and the mayor and aldermen so elected shall hold their offices until the next regular election for the same in said town and until their successors are qualified; and all vacancies occurring in the offices of mayor and councilmen shall be filled by holding an election, provided for elsewhere in this Act, upon the clerk's giving ten days' notice of the same. Marshal, clerk, etc.,election of. Sec. VIII. Be it further enacted , That the office of clerk and treasurer may be filled by one and the same person, who shall be required, before entering upon the duties of his office, to give such bond and security for the faithful discharge of his duties as shall be required by the said mayor and council. Clerk and treasurerwho may be. Bonds of. Sec. IX. Be it further enacted , That the mayor, marshal or deputy marshal, clerk and treasurer, and aldermen, shall receive an adequate Page 483 salary for their services, to be paid out of the funds of said town, as follows; provided , that said salaries shall not exceed the following amounts per annum: mayor, three hundred dollars; marshal and deputy marshal, four hundred dollars; clerk and treasurer, one hundred and fifty dollars The said salaries to be fixed as follows: the present mayor and council shall, during the first week in January, in the year eighteen hundred and eighty-four, fix the salaries of the mayor, marshal, deputy marshal (if there is one), clerk and treasurer, to be elected on the first Wednesday in April following for the ensuing term of two years; and it shall be the duty of every out-going mayor and council of said town to fix the said salaries in like manner during the first week in January each succeeding two years thereafter, to be paid to the incoming officers of said town. The above provisions shall not affect the salaries of the aldermen of said town, who shall receive compensation for their services to said town and exemption from street tax and other taxes due the said town, for necessary current expenses, on two thousand dollars' worth of real estate and personal property. Salaries. Sec. X. Be it further enacted , That all males over the age of sixteen and under the age of fifty years, who have resided in the town for thirty days, shall be subject to work on the streets of said town not exceeding fifteen days during each council year, or to pay a commutation tax therefor as the council may determine, not to exceed ten dollars per council year; and if any person neglects or refuses to pay the said tax, the mayor shall have authority either to have issued an execution against the property of the said defaulter, as in the case of other dues to the said town, or he may compel said delinquent to work not exceeding fifteen days on the streets for each failure to pay the said tax, and a refusal by said defaulter to work on said streets as ordered by the mayor, shall be considered a contempt of his court and may be punished as for other contempts. Who shall work streets. Commutation tax. Defaulters. Sec. XI. Be it further enacted , That the mayor or mayor pro tem and two aldermen shall constitute a quorum for the transaction of business, but it shall require a full board to alter or amend any old ordinance, or to pass any new ordinance or by-laws for the government of the said town. Quorum. Sec. XII. Be it further enacted , That said mayor and aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of the said town; to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act not incompatible with the Constitution and laws of Georgia, and of the United States. They shall also have full power to make all contracts in their corporate capacity, which they may deem necessary for the welfare of said town, not inconsistent with the provisions of this Act May pass all by-laws, etc. Sec. XIII. Be it further enacted , That the mayor, or in his absence, or if he is disqualified, the mayor pro tem ., and if he is absent or disqualified, then any alderman shall have full power and authority to try all offenders against the ordinances or by-laws of said town, and to punish for each violation thereof within the corporate Page 484 limits of said town, by fine or fines not to exceed fifty dollars, by work on the streets not to exceed thirty five days, or by imprisonment in the guard-house not to exceed thirty days, or by any one or more of these penalties, and all parties convicted before the mayor, mayor pro tem ., or alderman, shall have the right of certiorari to the superior court of Houston county in the same manner and under the same rules now required to certiorari cases from the justices court to said superior court, except that the bond shall be for a sum double the amount of the fine imposed, and shall be payable to the mayor and council, vice the plaintiff in suit, and to the marshal where it would in the justice court be made payable to the constable. Offenders tried. Penalty. Sec. XIV. Be it further enacted , That the mayor and council shall have full power to levy and collect a tax upon every person carrying on the business of an auctioneer, upon every keeper of a pool, billiard or bagatelle table kept for public use, and upon the keeper of any other table, stand or place with or without a name (unless kept for exercise or amusement not prohibited by law and not kept for gain directly or indirectly), upon every keeper of a tenpin alley or alley of like character, upon every traveling vendor of patent or proprietary medicines or other article of like character, paper, soap, etc., upon itinerant traders of any commodity or article offered for sale in said town, upon itinerant shows and circuses of any kind who charge any admission fee, or lectures, or anything else for which any fee is collected for the benefit of the same, upon factors, hucksters, brokers, vendors of lottery tickets, agents or managers of gift enterprises, and upon all other persons exercising within the said town any trade, calling or business of any nature whatever, except mechanics and day laborers. Special tax on business. Sec. XV. Be it further enacted , That in addition to the foregoing specific taxes, the mayor and aldermen of said town shall have power and authority to impose, levy and collect a tax annual, ad valorem , on all real and personal property within the corporate limits of said town not to exceed one-half of one per cent. of the value of said property, and that it shall be the duty of all tax-payers and owners of taxable property within said town, and they and each of them, either by themselves or through their agents, are hereby required to make annual returns under oath to the clerk of the council at such time as the mayor and aldermen may fix, of all their taxable property, their trade, calling, business or profession, carried on in their own right or in the right of any other person or persons, and not exempted from taxation by the laws of Georgia; and in case any person shall fail or refuse to give in his tax as above set forth by the time limited by the town authorities, or shall make any return deemed incorrect by the mayor and council, the said mayor and council shall assess the property of such person and may put such value thereon as they may deem correct and just, and shall then double the tax of such person or persons for their failure to give in their taxes as required by ordinances of said town; provided , that the mayor may in his discretion for good cause shown to him remit the excess so charged upon the immediate payment of the regular Page 485 tax or taxes then due by said delinquent; and all taxes and fines due the said town (in case of refusal to pay the same) shall be collected in the following manner, to-wit: an execution for the sum due and all costs shall be issued by the clerk of the council directed to the marshal of said town against the estate, both real and personal, of such defaulter, and shall be levied by the marshal or deputy marshal upon said property, and after advertising the same for sale for once a week for four weeks in a public gazette published in said town, or should there be no gazette published in said town then the property so levied on shall be advertised twenty-eight days by posting a notice in three public places in said town, the marshal or deputy marshal shall sell at public outcry in front of the mayor's office of said town said property so levied upon; provided , the amount of said taxes does not exceed one hundred dollars, and if the amount of said taxes does exceed one hundred dollars the said officer shall, after levying the tax fi. fa ., turn over the same to the sheriff who shall advertise as in case of State and county taxes, and sell the same on the first Tuesday in the month after the four weeks' notice by publication, and the deed of the marshal, deputy marshal or sheriff, made in accordance with such sale, shall be sufficient to pass the title of said property sold to the purchaser as fully as the defendant in fi. fa . could himself do; and all executions issued under the provisions of this Act shall bind all the property of the defendant from date, and shall have rank and precedent as executions from the courts of this State now have by law; and the costs due the marshal and sheriff shall be the same as that due on tax fi. fa . for the taxes due the State and county, and all other costs on the same shall be the same as that due on the tax executions for State and county taxes. Ad valorem tax. Returns for taxes. Defaulting property assessed. Taxeshow collected. Executionshow issued and levied. Advertised. Property sold for taxes. Lien of executions. Sec. XVI. Be it further enacted , That the mayor and aldermen shall have full power to remove, or cause to be removed, all buildings, porches, fences, steps and other obstructions as nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town; also, to regulate and control all license of taverns and public houses in said town; to regulate blacksmith-shops, forges, stoves and chimneys, and to cause the same to be removed or rendered safe in case they become dangerous from fire to the safety of said town, and removed when they become nuisances; also, to fill up pits, cellars and excavations in said town, or cause the owners to do so; to regulate the license of livery stables, barber-shops, drays, omnibuses, buggies, carriages, wagons and carts owned or kept and used in said town for public hire; to regulate and control all pumps, wells, fire companies and engines in said town. Powers of mayor and council. Sec. XVII. Be it further enacted , That the mayor, mayor pro tem . or any alderman shall have full power to try, as a committing court, all offenders who are charged with crime by the laws of the State of Georgia, reasonable time being given the parties to prepare for trial, and, if probable guilt is made to appear after such investigation, it shall be his duty to commit the accused to jail, or bind over to answer at the next superior or county court, if the case be bailable under the law. Offenders against the state. Commitment of. Page 486 Sec. XVIII. Be it further enacted , That said mayor, mayor pro tem . or any alderman who may preside over said cause, or may be acting vice the mayor of said town, may employ counsel to represent the town in all matters when in his judgment the interest of the town requires legal aid, and may pay said counsel such fees as may be agreed upon for his or their services. May employ counsel. Sec. XIX. Be it further enacted , That the mayor shall have power to fine and imprison for a contempt shown his court or authority, in amount not exceeding ten dollars for each offense, and by imprisonment in the guard-house not exceeding five days for each offense. Contempt how punished. Sec. XX. Be it further enacted , That it shall be the duty of the marshal or deputy marshal to apprehend all persons violating, or whom they suspect of violating, any of the by-laws or ordinances of said town, or any of the penal laws of the State of Georgia, without warrant or summons, and bring him or them at once before the mayor, or the person acting for said mayor, who shall proceed, as soon as justice will permit, to try said offenders, and for this purpose he may hold his court as often as necessary; that the marshal or his deputy shall have full power to call to his aid any and all of the male citizens of Fort Valley capable of bearing arms, for the arrest and apprehension of any offender against the laws of said town and of the State of Georgia; and if any citizen shall refuse to render such assistance, he shall be liable to a fine not exceeding ten dollars, as the mayor in his discretion may impose. Duty of marshal to arrest, etc. Sec. XXI. Be it further enacted , That the mayor and aldermen shall have power to establish and regulate a police sufficient for the peace, good order and good government of said town. olice. Sec. XXII. Be it further enacted , That this Act shall take effect immediately upon its passage and publication Sec. XXIII. 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 27, 1883. TO AMEND THE CHARTER OF THE TOWN OF WEST END, IN FULTON COUNTY. No. 453. An Act to amend an Act to incorporate the town of West End, in the county of Fulton, approved October 10, 1868, so as to fix the right to tax and increase the charter powers, etc. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever the word intendant is used in the said Act incorporating the town of West End, in Fulton county, and in the Acts amendatory thereof, the same be stricken, and in lieu thereof the word mayor be used and inserted. Substituting mayor for intendant. Page 487 Sec. II. Be it further enacted , That the fifth section of said Act of incorporation be amended by striking out the words shall not exceed one-half of that raised by the State, in the seventh and eighth lines, and inserting in lieu thereof the words and personal property shall not exceed thirty cents on the hundred dollars of the value of said property to be ascertained as the mayor and council may determine, so that the proviso in said section shall read as follows: Provided , the tax levied upon real and personal property shall not exceed thirty cents on the hundred dollars of the value of said property, to be uniformly assessed as the mayor and council may determine. Amendment of 5th section of Act of Oct., 1868. Sec. III. Be it further enacted , That the mayor and council of West End shall have power and authority to sell, convey, or otherwise dispose of any real or personal property or stocks of any kind belonging to or which may be acquired by West End, or the mayor and council thereof, and that all sales or conveyances of any such property heretofore made by the intendant and council of West End are hereby declared to be legal and valid. Sale of lands, stock, etc. Ratification of sales. 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 28, 1883. TO AUTHORIZE THE LEVY OF A SPECIAL AD VALOREM TAX ON THE PROPERTY IN THE TOWN OF WAYCROSS, WARE COUNTY. No. 459. An Act to authorize and empower the mayor and town council of the town of Waycross, Ware county, to levy a special ad valorem tax upon the property of said town, not exceeding one per cent. per annum for the purpose of boxing and completing an artesian well in said town. 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 town council of the town of Waycross, in Ware county, shall be authorized and empowered to levy a special ad valorem tax upon the property of the town of Waycross subject to taxation, not exceeding one per cent. per annum, for the purpose of boxing and completing an artesian well in said town. All property to be taxed. Sec. X. Be it further enacted by the authority aforesaid , That this Act shall not take effect until the mayor and council of said town of Waycross shall have obtained the written consent of the property-owners of said town, showing a majority of the property therein represented subject to taxation, to be in favor of the tax; such written consent to be obtained within sixty days from the passage of this Act. Consent of owners necessary. Page 488 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 28, 1883. TO AUTHORIZE THE APPOINTMENT OF A FIRE MARSHAL FOR SAVANNAH, AND DEFINE HIS DUTIES. No. 479. An Act to authorize the mayor and aldermen of the city of Savannah to appoint a fire marshal, and to define the duties of the same. 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, it shall be lawful for the mayor and aldermen of the city of Savannah, Georgia, to appoint a fire marshal, whose duty it shall be to make all and proper investigation into the origin and circumstances of all fires that shall occur within limits of said city. A fire marshal to be appointed. Sec. II. It is further enacted by the authority aforesaid , That the said fire marshal shall exercise the authority of summoning by subp[UNK]na any persons whom it is thought shall be able to give testimony as to the origin or circumstances of any fire, and shall have the further authority of making arrests and commitments of any persons who shall be found by him to be guilty of arson or accessory thereto, or against whom sufficient proof has been established to warrant his, her or their trial for the said offenses before any of the courts of competent jurisdiction of this State or of the United States; and the said fire marshal shall have the further authority of making arrests or commitments of any person or persons who may be guilty of contempt of summons, subp[UNK]na or court, and such persons so guilty shall be amenable in the same manner as prescribed in the statutes of this State applying to the offices of justices of the peace. Duties of. Sec. III. Be it further enacted by the authority aforesaid , That the said fire marshal shall be empowered to use as the officers of his court such members of the police force of the city of Savannah as may be appointed thereto by the mayor and aldermen of the said city of Savannah. His powers. Sec. IV. Be it further enacted by the authority aforesaid , That the mayor and aldermen of the city of Savannah are hereby authorized to establish such laws for the government of the office of fire marshal as shall be in conformity with the provisions of this Act and the statutes of the State. Rules for his government. Sec. V. Be it further enacted by the authority aforesaid , That the mayor and aldermen of the city of Savannah are hereby empowered to make the said office of fire marshal one of itself, or may join it to Page 489 one of the offices of said city of Savannah now existing under the laws of said city; and the said mayor and aldermen shall have the further authority of fixing or prescribing such remuneration of said office of fire marshal as shall by them, the said mayor and aldermen, be deemed just and right. Separate or joined with another. Pay of. Sec. VI. Be it further enacted by the authority aforesaid , That the said fire marshal shall be authorized to investigate the origin or circumstances of any fire occurring within the county of Chatham, upon the application for such investigation from any person interested in loss or otherwise in said fire. May investigate causes of fire. 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 28, 1883. Page 490 TITLE II. COUNTY OFFICERS. ACTS. Bond of sheriff of Jasper county. Act consolidating offices of tax collector and treasurer Fannin county repealed. Fees for feeding prisoners in Stewart county. Commissioners of Upson county. Bond and salary treasurer of Fulton county. County commissioners of Schley county. County commissioners of Paulding county. Fees of treasurer of Upson county. Commissioners of Troup county authorized to levy tax for paupers. Justices' court buildings for Thomas county. Managers of elections in Oconee county. Commissioners of Polk county. Pay of Commissioners of Dooly county. Consolidating offices of clerk and treasurer of Pickens county. Commissioners of Newton county, tax by. Office of treasurer Monroe county abolished. Fees of jailor Jackson county. Election managers Quitman and Randolph counties. Orders of county treasurer of Warren county. Managers of elections in Hancock county. Commissioners of Decatur county, tax by. Commissioners of Murray county. Commissioners of Terrell county. Powers of chairman of commissioners of McIntosh county. Commissioners of Elbert county. Commissioners of Emanuel county. Commissioners of Chattooga county abolished. Ordinary's courts in Lee county. Treasurer of Twiggs county. Tax collector, receiver and treasurer Floyd county. Tax collector Spalding county ex-officio sheriff. County treasurer Bibb county. Ordinary and treasurer Baldwin county empowered to issue bonds. Commissioners of Columbia county abolished. Commissioners of Burke county, taxation by. Commissioners of Johnson county. Commissioners of Bartow county may give right to erect gates on public roads. Commissioners of Baldwin county may use convict labor in working roads. Commissioners of Marion county. Commissioners of Chatham county and ex-officio judges, taxation by. Page 491 TO REDUCE THE SHERIFF'S BOND OF JASPER COUNTY. No. 47. An Act to reduce the bonds of sheriffs of Jasper county to the sum of five thousand dollars. Section I. The General Assembly enacts , That from and after the passage of this Act, the bonds of sheriffs of Jasper county be, and the same are hereby reduced to the sum of five thousand dollars. Reduced to $5,000. 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 12, 1882. REPEALING AN ACT TO CONSOLIDATE THE OFFICES OF TAX COLLECTOR AND TREASURER OF FANNIN COUNTY. No 89. An Act to repeal an Act entitled an Act to consolidate the offices of tax collector and county treasurer of the county of Fannin, in this State, approved February 17, 1876. Section I. Be it enacted by the General Assembly , That the Act entitled an Act to consolidate the offices of tax collector and county treasurer of the county of Fannin, in this State, approved February 17, 1876, be, and the same is hereby repealed. Act of Feb. 17th, 1876, 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 10, 1883. TO AMEND AN ACT TO FIX THE FEES OF SHERIFF OR JAILOR OF STEWART COUNTY, FOR DIETING PRISONERS, ETC. No. 107. An Act to alter and amend an Act to fix the fees of the sheriff or jailor of Stewart county, for dieting prisoners confined in the common jail of said county, approved February 1, 1877, so as to increase said fees. Section I. Be it enacted by the General Assembly of the State of Georgia , The above recited Act be, and the same is hereby amended by inserting Page 492 after the word at, in the fifth line of the first section thereof, the following words: Fifty cents each per day when the total number in jail is five or less; forty-five cents per day each, when the total number in jail exceeds five and up to ten, and forty cents per day each, when the total number in jail exceeds ten, so that section first of the aforesaid Act, when so amended, shall read as follows: Amendment of Act of Feb. 1st, 1877, set forth. Sec. II. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the fees of the sheriff or jailor of the county of Stewart, for keeping and dieting prisoners in the county jail of said county of Stewart, shall be fixed at fifty cents each per day, when the total number in jail is five or less; forty-five cents per day each, when the total number in jail exceeds five and up to ten, and forty cents per day each, when the total number in jail exceeds ten; and the ordinary of said county is hereby prohibited from fixing said fees at rates greater than herein provided. Act as amended Ordinary not to increase the fees. Sec. III. Be it further enacted by authority of the same , That all laws militating against this Act be, and the same are hereby repealed. Approved August 28, 1883. APPLYING TO HARRIS COUNTY AN ACT PASSED FOR UPSON COUNTY, APPROVED MARCH 17, 1869, RELATING TO COMMISSIONERS OF ROADS AND REVENUES. No. 119. An Act to amend an Act to make applicable to the county of Upson an Act approved March 17, 1869, creating a board of commissioners of roads and revenues for the county of Harris and for other purposes, approved February 1, 1877. 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 above recited Act be, and the same is hereby amended as follows: by striking out the word two in the last line of the second section of the above recited Act,and inserting in lieu thereof the word six, so that the latter clause of said section shall read as follows: and that at each succeeding election for county officers thereafter one commissioner shall be elected for six years. Extending official term from 2 to 6 years. Sec. II. Be it further enacted , That all laws militating against this Act be, and the same are hereby repealed. Approved September 4, 1883. Page 493 TO FIX THE AMOUNT OF THE OFFICIAL BOND AND SALARY OF THE TREASURER OF FULTON COUNTY. No. 122. An Act to regulate the amount of the official bond of the treasurer of Fulton county, and to fix his salary. 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 official bond of the treasurer of Fulton county shall be determined by the board of commissioners of roads and revenues of said county, provided the same shall not be less than seventy-five thousand dollars and not greater than double the amount estimated to be in the hands of said treasurer at any one time during his term of office. Bondhow fixed. Proviso as to amount. Sec. II. Be it further enacted , That the salary of the treasurer Fulton county shall be eighteen hundred dollars per annum. Salary prescribed. 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 4, 1883. TO AMEND AN ACT CREATING COMMISSIONERS FOR FLOYD, BERRIEN, EFFINGHAM, SCHLEY, SUMTER AND GREENE COUNTIES, SO FAR AS RELATES TO SCHLEY. No. 135. An Act to amend an Act to create a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved on the 13th of December, 1880, so far as relates to the county of Schley. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That from and after the passage of this Act, it shall and may be lawful for the board of commissioners of roads and revenues for the county of Schley to levy a tax in addition to the per centum now allowed by law, of sufficient amount to pay the existing indebtedness of said county: provided , that two-thirds of the qualified voters of the county assent thereto at an election for that purpose to be held on the 1st Tuesday of November, 1883, as elections for members of the general assembly are now held. The returns of said election to be made to the ordinary of said county, who shall consolidate said vote and declare the result At such elections there shall be written or printed on each ballot, for extra tax, or against extra tax. And Page 494 no recommendation of any grand jury shall be necessary to carry into effect the provisions herein granted, but the right herein extended to levy said tax shall not be exercised or operative after the 1st of January, 1885. Tax to pay debts of county. Consent of two-thirds of votes required. Election to be held. Returns of to ordinary. 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 5, 1883. TO ESTABLISH A BOARD OF COMMISSIONERS OF ROADS AND REVENUES FOR PAULDING COUNTY, AND DEFINE THEIR DUTIES. No. 148. An Act to establish a board of commissioners of roads and revenues for the county of Paulding, and to define their duties. Section I. Be it enacted by the General Assembly of the State of Georgia , That Jas. M. Watson, R. H. McMillan and Geo. A. Owen be, and they are hereby appointed a board of commissioners of roads and revenues for the county of Paulding, and before entering on the discharge of their duties take and subscribe before the ordinary of said county, in addition to the oath required by law of all civil officers, to faithfully discharge their duties as commissioners of roads and revenues for said county. Their term of office shall be until the next regular election for county officers, at which time they shall be elected by the voters of said county as other county officers, and commissioned by the Governor. Names of commissioners. How qualified as commissioners. Term of office. Successorshow elected, etc Sec. II. Be it further enacted by the authority aforesaid , That said commissioners shall hold one session on the first Tuesday in each month at the county site, and when sitting for county purposes shall have original and exclusive jurisdiction over the following matters, to-wit: in directing and controlling all the property belonging to the county, as they may deem for the best interest of the county, according to law; in levying a county tax either for a general or special purpose according to law; in establishing, altering or abolishing all roads and bridges in conformity to law; in establishing or changing election precincts and militia districts; in settling all claims against the county, examining and auditing all accounts of all officers having the care, management, keeping, controlling or disbursement of money belonging to the county or appropriated for its use, and bring them to a settlement; in making such rules and regulations for the care and support of the poor of the county as they may deem for the best interest of the county as are consistent with law, and to exercise such other powers as are granted by law or are indispensable to their jurisdiction. Monthly sessions. Jurisdictionpowers and duties. Sec. III. Be it further enacted by the authority aforesaid , That said Page 495 board shall have authority to appoint road commissioners and enforcing the road laws as the ordinary now has, and the ordinary is hereby made clerk of said board, and his salary shall be fixed by the board. May appoint road commissioners. Clerksalary of Sec. IV. Be it further enacted by the authority aforesaid , That when any vacancy occurs in said board, either by death or resignation, the grand jury of the first term of the superior court next held after such vacancy occurs, shall fill such vacancy by appointment, whose term of office shall be until the next regular election for county officers thereafter. Vacancieshow filled. Sec. V. Be it further enacted by the authority aforesaid , That said board shall have authority to require the attendance of the sheriff or his deputy, at their regular meetings (if they deem it necessary) to preserve order and to fine or imprison for contempt to the same extent as justices of the peace have. They shall keep a record of all their official acts and doings in a book kept for that purpose; said book shall be laid before the grand jury at the first term of the superior court held in each year for their examination and inspection. Sheriff or deputy to attend regular meetings. Shall keep record, lay same before grand jury. Sec. VI. Be it further enacted by the authority aforesaid , That the salary of said board shall be fixed by the grand jury appointing the same, not to exceed one dollar and fifty cents per day, and they shall be paid for any extra service rendered in looking after the interest of the property of the county the same per diem as for their regular sessions; they shall present to the grand jury, as before stated in their book of records, an itemized account of services rendered, which the grand jury may recommend approved, or scaled as may be reasonable and just Salary of board. Paid for extra service. Itemized account of service. 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 8, 1883. TO REPEAL AN ACT FIXING THE FEES OF COUNTY TREASURER OF UPSON COUNTY, ETC. No. 150. An Act to repeal an Act to fix the fees of county treasurer and the per diem of jurors and bailiffs in attendance upon Upson superior court, for the county of Upson, approved February 13, 1877, and to make section 3703 of the Code of Georgia of 1873, and the Act amendatory thereto, passed by the Legislature and approved March 2, 1874, so far as the same applies to the fees of county treasurer. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that an Act entitled Page 496 an Act to fix the fees of the county treasurer and per diem of jurors and bailiffs in attendance upon Upson superior court for the county of Upson, approved February 13, 1877, and to make section 3703 of the Code of Georgia of 1873, and the Act amendatory thereto, passed by the Legislature and approved March 2, 1874, be, and the same is hereby repealed, so far as the same applies to the fees of the county treasurer of the county of Upson. Repealed as to treasurer of Upson 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 September 8, 1883. TO AUTHORIZE AN ADDITIONAL TAX FOR THE SUPPORT OF PAUPERS IN TROUP COUNTY. No. 165. An Act to authorize and empower the commissioners of roads and revenues of the county of Troup to levy and collect such additional tax annually as may be necessary for the support and maintenance of the paupers of said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That the commissioners of roads and revenues of the county of Troup be, and they are hereby authorized and empowered to levy and collect annually such additional tax in excess of that now allowed by law for the support and maintenance of the pauper poor of said county as the grand jury of the spring term of the superior court of said county may recommend and deem necessary; provided , however, that such additional tax levied for the support and maintenance of the paupers shall not exceed, in the aggregate, fifty per centum of the State tax for the year so levied. Taxhow levied. To support the poor. Grand jury to recommend. 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 12, 1883. Page 497 AUTHORIZING THE COUNTY COMMISSIONERS OF THOMAS COUNTY TO AID THE BUILDING OF A COURT-HOUSE IN EACH MILITIA DISTRICT FOR JUSTICE COURTS. No. 170. An Act to authorize the county commissioners of Thomas county to appropriate, from the general fund of said county, moneys to assist the citizens of each militia district to erect a suitable building for the purpose of holding justice's court in each militia district in said county; the amount of money to be appropriated to be left to the discretion of said commissioners. 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 county commissioners of Thomas county be, and the same are hereby authorized to appropriate moneys to assist the citizens of each militia district to erect a suitable building for the purpose of holding justice's court in each militia district in said county; the amount of money to be appropriated to be left to the discretion of said commissioners. Commissioners may appropriate money to build court-house in each militia district. 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 12, 1883. TO PROVIDE PAYMENT OF MANAGERS OF ELECTIONS IN OCONEE COUNTY. No. 173. An Act to provide compensation for all managers of general, special and municipal elections held in Oconee 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, all managers of general, special and municipal elections held in Oconee county shall each receive for their services in holding said elections, two dollars per day. Per diem of managers. Sec. II. Be it further enacted , That all managers of general and special elections held in said county shall present their bills for said service to the officer whose duty it is to audit claims against the county, and if found correct, he shall order the same paid out of the county treasury; and all managers of municipal elections shall present their claims to the officer whose duty it is to audit Page 498 bills against said municipality, and if found correct, he shall order the same paid out of the treasury. Claims of managershow audited. Claims of managershow paid. Sec. III. Be it further enacted , That said service, when so rendered, shall be a valid subsisting debt against the county or municipality, and may be collected by suit as other debts, in the event the officer whose duty it is to audit or pay the same, shall refuse so to do. Service of managers a valid debt. 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 13th, 1873. AMENDATORY OF AN ACT TO CREATE A BOARD OF COMMISSIONERS OF ROADS AND REVENUES FOR POLK COUNTY. No. 188. An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Polk, and to prescribe its powers and duties, approved September 28, 1881, so as to confer on said board the power to inflict fines and impose penalties upon all persons subject to its jurisdiction, for disobedience of its precepts, orders and directions. Section I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same , That immediately after the last word in section first of an Act to create a board of commissioners of roads and revenues for the county of Polk, approved September 28, 1881, there be appended the following words, to-wit: And said commissioners, when sitting as a court in regular session for the transaction of county business, shall have such power to inflict fines and impose penalties upon all persons subject to its jurisdiction for disobedience of its orders, precepts and directions, as the judge of the superior court now has over said delinquents in said cases. Proceedings against delinquents shall be the same as set forth in sections 661, 662 and 663 of the Code of 1873, except that delinquents may be presnted to the court of commissioners by any party aggrieved. The clerk of the commissioners' court shall act instead of the clerk of the superior court, and a quorum of commissioners instead of judge of superior court, so that said section, when so amended, shall read as follows: 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 its 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 Page 499 as hereinafter set out; and said commissioners, when sitting as a court in regular session for the transaction of county business, shall have such power to inflict fines and impose penalties upon all persons subject to its jurisdiction for disobedience of its orders, precepts and directions, as the judge of the superior court now has over said delinquents in said cases. Proceedings against delinquents shall be the same as set forth in sections 661, 662 and 663 of the Code of 1873, except that delinquents may be presented to the court of commissioners by any party aggrieved. The clerk of the commissioners' court shall act instead of the clerk of the superior court, and a quorum of commissioners, instead of judge of superior court. Amendatory provision. Section as amended. 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 14, 1883. AMENDING THE ACT OF SEPTEMBER 29, 1879 AS TO PAY OF COMMISSIONERS OF DOOLY COUNTY. No. 190. An Act to amend an Act approved September 29, 1879, providing for the organization of a board of commissioners of roads and revenues for the counties of Cobb, Dooly, Henry and Telfair, so far as relates to the per diem pay of the commissioners of said county of Dooly. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, section 5 of the above described Act be so amended as to allow the board of commissioners for said county of Dooly the same per diem pay for every day they are in actual service as such commissioners, as is now allowed by said Act at their regular monthly sessions. Per diemhow regulated. Sec. II. Be it further enacted by the authority aforesaid , That all Acts of said commissioners heretofore in receiving pay for such extraordinary service be, and the same are hereby ratified and made legal. Pay received ratified. 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 14, 1883. Page 500 CONSOLIDATING THE OFFICES OF CLERK SUPERIOR COURT AND TREASURER OF PICKENS COUNTY. No. 200. An Act to consolidate the offices of clerk of the superior court and county treasurer of the county of Pickens, and to fix the pay of the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the expiration of the term for which the above named officers have been elected, the clerk of the superior court of said county shall be ex-officio treasurer of said county, and as such treasurer, to take the oath, and give the bond now required by law, in addition to the oath and bond which he is required to give as clerk of said superior court. Clerk of Superior court ex-officio treasurer. Oath and bond. Sec. II. Be it further enacted , That all duties now by law required to be performed by the county treasurer, shall hereafter be performed by said clerk of the superior court and ex-officio county treasurer. Duties of. Sec. III. Be it further enacted , That all laws now applicable to the county treasurer, shall be applicable to said clerk, as such county treasurer, for a failure or neglect of his duties as such. Laws applicable to ex-officio treasurer. Sec. IV. Be it further enacted , That the said clerk, as county treasurer shall receive for his services the following fees, and no more: upon all amounts received by him, one and one-fourth per cent. and upon all sums paid out by him, one and one-fourth per cent; for making his returns to the grand jury, one dollar; and for making his returns to the ordinary, one dollar. Fees allowed. Sec. V. 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 14, 1883. AMENDING THE ACT OF SEPTEMBER 8, 1881, CONFERRING TAXING POWERS ON COMMISSIONERS OF NEWTON COUNTY. No. 201. An Act to amend an Act approved September 8, 1881, entitled 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 the State of Georgia , That the Act approved September 8, 1881, authorizing the board of commissioners for Newton county to levy a tax of two hundred Page 501 per cent. on the State tax for county purposes be amended by adding after 1882 in the eighth line and 1883, and striking out the word and same line between 1881 and 1882, so that said Act will read as follows: 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 said county, and for other county purposes. This Act shall remain in force for the years 1881, 1882 and 1883 and no longer. Power to tax extended. 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 15, 1883. TO ABOLISH THE OFFICE OF COUNTY TREASURER OF MONROE COUNTY, ETC. No. 217. An Act to abolish the office of county treasurer of Monroe county and to make the chairman of the board of county commissioners ex-officio treasurer in and for said county, and to define his duties, etc. 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 office of county treasurer for the county of Monroe be hereby abolished. Office of treasurer abolished. Sec. II. Be it further enacted , That from and after the passage of this Act the county commissioners of Monroe county shall select the chairman of the board to act as ex-officio treasurer for the county of Monroe as soon as such board of commissioners shall be organized and enter upon the duties of their office. Ex-officio treasurer. Sec. III. Be it further enacted , That the chairman of the board of commissioners so selected to act as ex-officio treasurer for the county of Monroe before entering upon the discharge of the duties of his office shall execute such a bond as is now required for county treasurer of said county in the same manner and subject to the same rules, restrictions and liabilities as is now applicable to said office of county treasurer. Shall give bond. Sec. IV. Be it further enacted , That the chairman of the board of commissioners so selected by them as ex-officio treasurer after qualification as said county treasurer shall be clothed with all the power and subject to all the penalties and responsibilities that are now prescribed by law for said office of county treasurer; the duties and responsibilities now provided for said office by law to apply with Page 502 equal force to such person as may be selected by said commissioners to act as ex-officio treasurer as aforesaid. Duties, etc., of ex-officio treasurer. Sec. V. Be it further enacted , That the chairman of the board of commissioners so elected to act as treasurer shall receive as his only compensation such fees as are now prescribed by law for the office of county commissioner, but nothing herein shall be so construed as to give said ex-officio treasurer any further compensation than that now allowed him as a member of said board of commissioners. Compensation of. Sec. VI. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby repealed; provided , nothing in this act shall be so construed as to prevent the present treasurer of said county from holding and executing the duties of his office for and during the term for which he was elected. Term of present treasurer not to be affected. Approved September 18, 1883. TO REPEAL AN ACT TO FIX THE FEES OF JAILORS IN THE COUNTIES OF BANKS AND JACKSON SO FAR AS RELATES TO JACKSON COUNTY, No. 220. An Act to repeal an Act entitled an Act to fix the fees of jailors in the counties of Banks and Jackson so far as said Act relates to the county of Jackson, 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 entitled an Act to fix the fees of the jailors of the counties of Banks and Jackson, approved February 26, 1877, be, and the same is hereby repealed, so far as said Act relates to the county of Jackson; provided , however, that the fees of the jailor for the said county of Jackson shall not exceed fifty cents per day for each prisoner. Repeals as to Jackson county. Fees. 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 18, 1883. TO PAY ELECTION SUPERINTENDENTS IN THE COUNTIES OF QUITMAN AND RANDOLPH. No. 221. An Act to pay election superintendents in the counties of Quitman and Randolph. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the superintendents Page 503 in all elections held in conformity to law, except justices of the peace and constables, in the counties of Quitman and Randolph, shall receive the sum of two dollars per day, to be paid out of the contingent fund of said counties by order of commissioners of roads and revenues of the same. Per diem of superintendents of election fixed. 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 18, 1883. TO REGULATE THE DRAWING OF ORDERS ON THE COUNTY TREASURER OF WARREN COUNTY. No. 224. An Act to regulate the mode of drawing orders on the county treasurer of Warren county, and to repeal all conflicting laws. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, no court or judge or clerk, except the ordinary or clerk of county commissioners, shall have power to draw an order for money directly on the county treasurer; but certificates of a right to have such order, in the nature of audited accounts, may be signed by the judge of the superior court, or by the clerk thereof, or by the chairman of the board of county commissioners, which shall be respected by the ordinary or the clerk of the county commissioners, and an order be granted therefor, if such certificates or accounts audited be issued for grounds now authorizing orders to be drawn by such judge, clerk or commissioners, and be presented in ten days after their date to the ordinary or clerk of the county commissioners, unless prevented by unavoidable circumstances, nor shall the ordinary or clerk of the county commissioners draw any order on the county treasurer except upon certificates or accounts audited as hereinbefore provided. Orders on treasurerhow audited, etc. 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 18, 1883. Page 504 TO PROVIDE COMPENSATION FOR MANAGERS OF ELECTIONS IN HANCOCK COUNTY. No. 234. An Act to provide compensation for all managers of general, special and municipal elections held in Hancock 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 all managers of general, special and municipal elections held in Hancock county shall each receive for their services in holding said elections, two dollars per day. Per diem of election managers. Sec. II. Be it further enacted , That all managers of general and special elections held in said county shall present their bills for such service to the officer whose duty it is to audit claims against the county, and if found correct, he shall order the same paid out of the county treasury. And all managers of municipal elections shall present their claims to the officer whose duty it is to audit bills against said municipality, and if found correct, he shall order the same paid out of the treasury. Accounthow audited and paid. Sec. III. Be it further enacted , That said service when so rendered, shall be a valid subsisting debt against the county or municipality, and may be collected by suit as other debts, in the event the officer whose duty it is to audit or pay the same, shall refuse so to do. A valid debt. May be sued for. 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 19, 1883. PROVIDING FOR THE LEVY OF AN EXTRA TAX TO PAY THE DEBT AND DEFRAY THE CURRENT EXPENSES OF THE COUNTY OF DECATUR. No. 235. An Act to authorize and empower the board of commissioners of roads and revenues for Decatur county to assess upon the taxable property in said county a tax of seven-tenths of one per cent. per annum, or so much thereof as may be necessary to pay off the outstanding indebtedness of said county in three years from the passage of this Act, in addition to defraying the current expenses thereof. Section I. The General Assembly of the State of Georgia do enact , That immediately upon the passage of this Act, the board of commissioners of roads and revenues of Decatur county shall have Page 505 power, and are hereby authorized and empowered to assess, levy and collect for county purposes, upon all the taxable property in said county, a tax of seven-tenths of one per cent. per annum, or so much thereof as may be necessary to extinguish and pay off the outstanding indebtedness of said county, which may be outstanding in the form of county scrip, issued for building and repairing public buildings, maintaining and supporting prisoners, pay of jurors and coroners, for litigation, quarantine, roads and expenses of courts, and for support of paupers, by the first day of January, 1886, in addition to defraying the current expenses thereof. Commissioners of roads and revenues to levy tax. Rate limited Objects of tax. Sec. II. The General Assembly of the State of Georgia do further enact , That from and after the first day of January, 1886, or the payment of the present outstanding indebtedness of said county, in the foregoing section of this Act provided for, the said board shall have power to assess, levy and collect such portion only of said seven-tenths of one per centum per annum as may be necessary to defray the current expenses and build and keep in repair the public property of said county. Taxing power limited after Jan. 1st, 1886. 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 19, 1883. TO AMEND AN ACT ESTABLISHING A BOARD OF COMMISSIONERS OF REVENUE, ROADS, BRIDGES AND PAUPERS FOR MURRAY COUNTY. No. 250. An Act to alter and amend an Act entitled an Act to establish a board of commissioners of revenue, roads, bridges and paupers for the county of Murray, approved February 21, 1873, so as to allow the commissioners of said county additional compensation for their services. 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 above recited Act be, and the same is hereby amended by striking from the third section of said Act the following words, to-wit: no emoluments, and inserting in lieu thereof the following words, to-wit: the sum of twenty-five dollars per annum each, and by striking from the second line in said third section the word but and inserting in lieu thereof the word and, so that said section, when amended, will read as follows: The board of commissioners shall receive the sum of twenty-five dollars each per annum for their services, and shall be relieved from road, jury and militia duty. 3d section amended. 3d section so amended as to allow salary and exempt from jury and militia duty. 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 19, 1883. Page 506 TO CREATE A BOARD OF COMMISSIONERS OF ROADS AND REVENUES FOR TERRELL COUNTY. No. 256. An Act to create a board of commissioners of roads and revenues for the county of Terrell, and to define their powers and duties and to repeal an Act approved February 15, 1873, entitled an Act to create a board of commissioners of roads and revenues for the county of Gilmer, and a board of commissioners of roads for the county of Terrell, in so far as the same relates to the county of Terrell, 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, there shall be established a board of commissioners of roads and revenues for the county of Terrell consisting of five members. The persons now serving in said county as commissioners, viz.: W. H. Turner, E. B. Bridges, J. R. Marshal, A. J. Lee and George O. Hill, are hereby constituted and appointed as the board of commissioners of roads and revenues for the county of Terrell, and shall hold their offices until their successors are elected and qualified in the manner hereinafter provided. The grand jury, at the spring term in the year 1885, of the superior court of said county, shall select the successors of the aforesaid commissioners; the persons so selected shall continue in office for two years and until their successors are chosen by the grand jury; every two years thereafter the grand jury of said county shall choose five members of said board of commissioners of roads and revenues for the county of Terrell. Vacancies on said board occurring from any cause shall be filled by the grand jury at the term of the superior court of said county held next after the occurrence of said vacancy; the members of said board may be removed from office, upon the recommendation of the grand jury, on account of malfeasance in office or a failure to perform the duties imposed upon them by virtue of this Act, and no person shall be eligible to the office of a commissioner until he has attained the age of twenty-five years, and has been a resident of said county for twelve months. The persons selected as commissioners shall receive a certificate of their election from the clerk of the superior court of said county, under his hand and seal, which shall be evidence of their authority in all matters hereinafter confided to them; and said commissioners shall take and subscribe, before the ordinary of said county, an oath for the faithful discharge of their duties. Board established. Names of members. Grand jury to elect successors. Official term. Vacancieshow filled. How and for what removed. Who is eligible. Certificate of election. Official oath. Sec. II. Be it further enacted , That said board of commissioners shall have and exercise full power and authority to levy and assess all taxes for county purposes; to appoint all road commissioners; to establish new roads, and abolish old ones; to build and repair bridges; to change lines of militia districts and establish new districts; to appoint a superintendent of the paupers' farm, and Page 507 to say who shall be beneficiaries of the pauper fund; to examine, audit, settle and allow all claims and demands against said county; to examine and audit the accounts of all officers having the care, management, collecting or disbursing any money belonging to said county, and bring them to a settlement by rule or otherwise, and to have such other powers and privileges, in relation to county matters, as were formerly exercised by the superior courts of this State prior to the adoption of the Constitution of 1868. Powers and authority of. Sec. III. Be it further enacted , That a majority of said board shall constitute a quorum to transact business, and they shall meet on the first Tuesday in each month, or oftener if necessary, in the office of the ordinary of said county. The ordinary of said county shall be ex officio the clerk of said board of commissioners, and he shall keep a record of all their proceedings and shall submit the same to the grand jury of said county at the spring term of the superior court in each year, or oftener, if requested so to do by the board or the grand jury. A quorum. Monthly meetings. Ex officio clerk. His duties. Sec. IV. Be it further enacted , That said board shall be exempt from road and jury duty, and shall receive for their services such compensation as the grand jury of said county, at the fall term of the superior court in each year, may recommend, and the ordinary, as the clerk of said board, shall receive as compensation for his services such sum as may be fixed by the board of commissioners of roads and revenues for said county. Board exempt from road and jury duty. Compensation of board. Pay of clerk. Sec. V. Be it further enacted , That the county board created by this Act shall audit and pass upon all claims against said county, and the county treasurer shall obey and respect all orders for money ordered to be paid out by said board of commissioners. Orders on the county treasurer shall be signed by the chairman of said board, or the acting chairman, who may be chosen by the members of said board as chairman, and signed by the clerk of said board in his official capacity. Duties of board defined. Sec. VI. Be it further enacted , That an Act approved February 15, 1873, entitled an Act to create a board of commissioners of roads and revenues for the county of Gilmer, and a board of commissioners of roads for the county of Terrell, in so far as the same relates to the county of Terrell, be, and the same is hereby repealed, and all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved September 21, 1883. Page 508 TO AMEND AN ACT TO AUTHORIZE THE EX-OFFICIO MAYOR OF DARIEN TO FINE AND IMPRISON DELINQUENT STREET HANDS. No. 271. An Act to amend an Act entitled an Act to authorize and empower the chairman of the board of county commissioners of McIntosh county, in his ex-officio capacity as mayor of the city of Darien, to fine and imprison delinquent street hands of 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, an Act entitled an Act to authorize and empower the chairman of the board of county commissioners of McIntosh county in his ex-officio capacity as mayor of the city of Darien to fine and imprison delinquent street hands in said city, approved February 20, 1877, be, and the same is hereby amended by inserting after the word imprison in the fifth line of the printed copy of the first section of said Act, the words or to sentence to the chain-gang of said city, and by striking out all the remainder of said section after the word city in the ninth line of said section as it appears in the printed copies of said Act, and by inserting in lieu of said stricken matter the following words: provided , that all persons liable to work on the streets of said city, upon notice of the day of assembling being posted at the city court room in writing for ten days before the days respectively on which said persons are required to work on the streets of said city, and upon ten days' personal notice, shall meet at the city court room at 9 o'clock a. m. on the second Mondays in May, July and September, respectively of each year, equipped as for road duty, to work not more than five days on each occasion on said streets; and provided further, that the amount of the fine imposed or the duration of the sentence of imprisonment or upon the chain-gang in each instance shall not be greater in amount or longer in time than the fines and imprisonments imposed by law upon delinquent road hands, so that said section shall read: that from and after the passage of this Act the chairman of the board of county commissioners of McIntosh county, in his capacity as ex-officio mayor of the city of Darien, shall have power and authority to fine and to imprison or to sentence to the chain-gang of said city, within his discretion, any person or persons liable to work the streets of the city of Darien under the laws of said State, and the ordinances of the city of Darien passed in conformity therewith, and who shall fail and refuse when legally summoned to work the streets of said city, provided that all persons liable to work on the streets of said city upon notice of the day of assembling being posted at the city court room in writing for ten days before the days respectively on which said persons are required to work on the streets of said city and ten days personal notice, shall meet at the city court room at 9 o'clock a. m. on the Page 509 second Mondays in May, July and September, respectively of each year, equipped as for road duty, to work not more than five days on each occasion on said streets; and provided further , that the amount of the fine imposed or the duration of the sentence of imprisonment or upon the chain-gang in each instance shall not be greater in amount or longer in time than the fines and imprisonment imposed by law upon delinquent road hands. Amendatory provision. Section as amended. Ex-officio mayor may punish defaulters Notice of time for working. Time for working. Number of days. Penalty. 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 24, 1883. TO AMEND THE ACT TO PROVIDE A BOARD OF COMMISSIONERS FOR ELBERT COUNTY, APPROVED FEBRUARY 27, 1875. No. 292. An Act to amend an Act entitled an Act to provide a board of commissioners for the county of Elbert, approved February 27, 1875, by providing compensation for said commissioners, by providing them with a clerk and fixing his compensation. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, an Act approved 27th February, 1875, providing a board of commissioners for the county of Elbert be, and the same is hereby amended by providing that each one of said county commissioners shall be entitled to and shall receive for his compensation the sum of two dollars per day for each and every day that he may be actually employed in discharging the duties of his said office of county commissioner, the same to be paid out of the county treasury on the certificate of said board. Pay of commissioners fixed. How paid. Sec. II. Be it further enacted by the authority aforesaid , That said above recited Act be, and the same is hereby further amended by providing that said county commissioners may employ a clerk for said board, whose compensation shall be the sum of fifty dollars a year for all services as such clerk, which said salary shall be paid in quarterly installments on the order of the chairman or president of said board, by the county treasurer of said county. May employ clerk. Salary of clerk When and how paid. 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 25, 1883. Page 510 TO AMEND AN ACT CREATING A BOARD OF COMMISSIONERS OF ROADS AND REVENUES FOR EMANUEL COUNTY. No. 294. An Act to amend an Act entitled 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, approved September 29, 1881, so as to have the members thereof appointed by the grand jury instead of being elected by the people; also that the sheriff of said county shall receive only two dollars per diem for his services in said court, and also that the meetings of said court be held every three months, or oftener if necessary. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same , That from and after the passage of this Act, section first of the above recited Act be, and the same is hereby amended by striking out in the third line of said section all after the word time and before the word said in the seventh line of said section, and substituting therefor the words 1883 and every four years thereafter, and by striking out the word elected in the eighth line of said section, so that said section, when so amended, shall read as follows: 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, 1883, and every four years thereafter; said commissioners so chosen 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 1882 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 provided for 5 members. Grand jury to choose. When How commissioned Oath prescribed. Sec. II. Be it further enacted by the authority aforesaid , That section second of said Act be and is hereby amended by striking out the numbers 1881 in the second line of said section and substituting the numbers 1883 therefor, and also by striking out the numbers 1882 in the fifth line of said section and substituting therefor the numbers 1884, and by striking out the last line of said section, so that said section when so amended shall read as follows: That if the grand jury at the fall term, 1883, 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, 1884, 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. Grand jury failing to electhow remedied. Vacancieshow filled. Sec. III. Be it further enacted by authority of same , That section Page 511 fourth of said Act be, and is hereby amended, by striking out the words monthly in the second line of said section and substituting therefor after the word meetings, in the second line of said section, the words every three months, also by striking out the balance of said section after the word receive in the twenty-third line of said section, and substituting therefor the words the sum of two dollars per day, so that said section when so amended shall read as follows: That said board of commissioners shall hold meetings every three months 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 sum of two dollars per day. Meetingsquarterly and special. Three members a quorum. Chairman. Chairman pro tem. Record to be kept. Pay of commissioners and clerk. Sheriff to attend all meetings and serve all processes. 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 25, 1883. REPEALING AN ACT THAT ESTABLISHED A BOARD OF COMMISSIONERS FOR CHATTOOGA COUNTY. No. 295. An Act to repeal an Act entitled an Act to establish a board of commissioners for Chattooga county, etc., approved March 4, 1875, and the Act amendatory thereof, approved September 22, 1881. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, that the Act creating a board of commissioners for Chattooga county, and approved March 4, 1875, and the Act amendatory thereof, and approved September 22, 1881, be, and the same are hereby repealed. Act establishing board of commissioners repealed. Page 512 Sec. II. Be it further enacted , That said board of commissioners shall turn over to the ordinary of said county all books, papers and everything else relating to said office immediately after the passage of this Act, and it shall be the duty of the ordinary to take charge of said books, papers, etc., and the powers and duties of said board are hereby conferred upon said ordinary, with full power to discharge all the business of said board. Shall turn over books and papers to ordinary. Ordinary to perform duties of board of commissioners. 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 25, 1883. CHANGING THE TIME FOR HOLDING COURT OF ORDINARY FOR LEE COUNTY. No. 296. An Act to change the time of holding the courts of ordinary in and for the county of Lee, 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, the time of holding the ordinary's court in and for the county of Lee, in this State, shall be on the first Monday in each and every month, instead of the third Monday of each month as now provided by law, and all writs, citations, subp[UNK]nas and other processes made returnable to the third Mondays in each month shall be held as returnable, as provided hereby. Changed to first Monday in each month. Writs, citation, etc., for 3d Monday held as for 1st Monday. 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 25, 1883. TO AMEND AN ACT TO ABOLISH THE OFFICE OF COUNTY TREASURER SO FAR AS RELATES TO TWIGGS COUNTY. No. 315. An Act to amend an Act entitled an Act to abolish the office of county treasurer so far as relates to Twiggs county, and for other purposes, approved February 28, 1877. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the above recited Act be so amended as to read as follows: Provided , he shall not receive Page 513 for said service more than two hundred and fifty dollars per annum. Amendatory proviso. Sec. II. Be it further enacted by the authority aforesaid , That the provision of this bill (Act) shall take effect immediately upon the passage of said amendment. When to take effect. 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 September 25, 1883. AMENDING AN ACT TO FIX THE COMPENSATION OF TAX COLLECTORS AND RECEIVERS OF FLOYD COUNTY, FOR COLLECTING AND RECEIVING THE COUNTY TAX, AND OF THE TREASURER OF SAID COUNTY. No. 318. An Act to amend an Act to regulate and prescribe the compensation of tax collector and receiver of Floyd county, so far as relates to the collecting and receiving of the county taxes of said county, and to regulate and prescribe the compensation of the county treasurer of said county, approved February 19th, 1876. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sixth and seventh (6th and 7th) lines of the 1st section of the above recited Act be amended by striking out from the said lines the words four hundred, and inserting in lieu thereof the words, six hundred. How amended. 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 25, 1883. MAKING THE TAX COLLECTOR OF SPALDING COUNTY EX-OFFICIO SHERIFF FOR CERTAIN PURPOSES, ETC. No. 357. An Act to make the tax collector of Spalding county ex officio sheriff with all the powers now vested in sheriffs and constables so far as relates to the collection of taxes for State and county in said county, to prescribe fees for 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 from and after the passage of this Act the tax collector of the county of Spalding Page 514 shall be ex-officio sheriff in so far as to enable him to collect the taxes due the State and county, by levy and sale under tax executions, and the said tax collector shall not be allowed to turn over any tax execution to the sheriff or to any other levying officer of said State, except when it may become necessary for the purpose of enforcing the same to send said executions to any other county or counties than the county of Spalding, but said tax collector by virtue of his office shall have full power and authority to levy all tax executions heretofore or hereafter to be issued by him in said county. Tax collector made ex-officio sheriff. Executionshow levied in another county. Sec. II. Be it further enacted by the authority aforesaid , That the fees and compensation of said tax collector for such services shall be the same as now allowed by law for like service to the sheriff of said county, and that such tax collector shall have full power and authority to bring property to sale, and sales made by them shall be valid and shall carry the title to property as fully and completely as if made by the sheriff of said county; provided , levies upon realty shall be returned to the sheriff of said county, and sales thereof be made by him as now provided by law. Fees. Sales by shall carry title. Levies upon realty. Sec. III. Be it further enacted by the authority aforesaid , That all levies and sales made by the tax collector of said county as ex-officio sheriff under the provisions of this Act shall, as to time, place and manner of sale, conform to, and be controlled by the general laws of the State regulating sales under tax fi. fa. Time, place and manner of saleshow governed. 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 26, 1883. TO AMEND AN ACT TO ABOLISH THE OFFICE OF COUNTY TREASURER, SO FAR AS RELATES TO BIBB COUNTY, Etc. No. 363. An Act to amend an Act entitled an Act to abolish the office of county treasurer, so far as it relates to the county of Bibb, and for other purposes, approved February 23, 1876, so as to prescribe the manner of keeping the county funds, and the duties of the clerk of the board of commissioners of said county, in regard to the receipt and disbursement of the same; to provide for the giving of bond by said clerk, 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 two of the above recited Act, which reads as follows: Be it further enacted, that all moneys received for taxes due the county, arising from any source whatever, due to the county of Bibb, shall be paid to some solvent bank or banks, under rules and regulations to be prescribed by the board of county commissioners; provided , that there shall be no charge for holding and disbursing said county money, said bank or Page 515 banks being required to give bond for the safe keeping of the county money, which bond shall be in amount equal to that now required of the county treasurer, be, and the same is hereby amended and changed so as to read as follows: The clerk of the county board of commissioners shall be, and he is hereby invested with the powers and duties of the county treasurer, with respect to the county funds, except as otherwise provided in this Act. Said clerk shall give bond in a sum to be fixed by the said board payable as county treasurer's bonds in such cases, and conditioned for the faithful discharge of his duties, in relation to the county funds. Said bond shall be subject to all the laws applicable to county treasurer's bonds in case of default. So soon as said bond is made and approved by the said commissioners, the tax collector of said county shall turn over to said clerk all the county funds belonging to said county, taking his receipt therefor, and the said clerk, as said funds are received, shall immediately deposit the same in some solvent bank in the city of Macon, to be designated as follows: The said county board of commissioners shall, by order entered on their minutes at the beginning of each year, select some good and solvent bank in said city, chartered under the laws of this State or of the United States, as a depository of the county funds; provided , that no fee or commissions shall be allowed said bank for or on account of said funds, nor shall any bond be required of said bank. When the bank has been so designated the said clerk shall deposit the county moneys received from the tax collector, as aforesaid, in said bank, and the funds, when so deposited, shall not be drawn or paid out except upon regular county order or in payment of jury scrip, each and every order and jury script to be first countersigned by said clerk, and a record made of the same. The county board aforesaid shall keep themselves advised of the financial condition of said bank of deposit, and may change the same at any time for any good cause in their discretion. Clerk of board. Powers and duties of as to county funds. Clerk to give bond. County funds turned over to. Clerk to deposit same in bank. Bankhow selected. No fee to bank. No bond of bank. Moneyshow paid out. County board to keep advised as to financial condition of bank. Sec. II. Be it further enacted by the authority aforesaid , That section three of said recited Act, which is as follows: Be it further enacted, that all of the additional duties prescribed by law for the county treasurer, other than holding and disbursing county money, be, and the same shall be performed by the clerk of the Bibb county board of commissioners, be, and the same is hereby so amended as to read as follows: The said clerk shall keep two deposit accounts with the said bank mentioned in the foregoing section. To the first account shall be placed all the moneys received from the tax collector, as provided in the preceding section; this shall be known as the general tax account; moneys deposited to this account shall be drawn only as provided in the foregoing section. To the second account the clerk shall promptly deposit all moneys received by him from other sources than the tax collector; this shall be known as the contingent account, and the funds of this account may be drawn on the checks of said clerk signed in his official capacity; provided , however, that said clerk shall pay no bills out of said fund unless first authorized by a previous general or special order to that effect passed by the board of commissioners aforesaid; such general order shall be passed only in cases Page 516 when the bills are of such a nature as to require immediate payment, and are too small to warrant the calling of the board together for their consideration. At each regular monthly meeting of the county board of commissioners aforesaid the clerk shall submit in writing and under oath a report of all his actings and doings in regard to the receipt and disbursement of the county moneys during the preceding month; such report shall be entered upon the minutes, and shall show the total amount of money received, the county orders and jury scrip paid, the checks drawn by said clerk, in whose favor and for what amount drawn, together with the balance in bank to each fund. The report shall be accompanied by a statement made by the proper officers of the bank showing the balance aforesaid, also by a statement from the tax collector showing the amount turned over by him to said clerk during the said month. The failure or refusal of said clerk to make said report after being notified so to do by the board shall subject him to removal from office, unless a good excuse be shown, to be judged of by said board. His compensation for the duties herein imposed shall not exceed the sum of eight hundred dollars per annum, but this compensation shall be in addition to the compensation now allowed him by law as the clerk of said board. Accounts kept by clerk. Disbursementshow made. Clerk to report at monthly meetings. May be removed for failure to report. Clerk's compensation. Sec. III. Be it further enacted by the authority aforesaid , That the caption of the above recited Act be so amended as to read as follows: An Act to abolish the office of county treasurer so far as it relates to the county of Bibb, to provide for the receipt and disbursement of the county funds, to define the duties of the clerk of the county board of county commissioners in relation thereto, and for other purposes. Caption amended. 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 26, 1883. TO AUTHORIZE THE ORDINARY, Etc., OF BALDWIN COUNTY, WITH THE COUNTY TREASURER, TO ISSUE BONDS FOR REDEMPTION OF OUTSTANDING BONDS OF SAID COUNTY. No. 364. An Act to authorize the ordinary of Baldwin county, or such other county officer, whose duty it may be, together with the treasurer of said county, to issue county bonds for the purpose of retiring the old bonds of said county now outstanding as they fall due. Section I. Be it enacted by the General Assembly of the State Georgia , That from and after the passage of this Act, the ordinary of said county of Baldwin, or such other county officer, whose duty it may be, together with the county treasurer of said county, be, and is hereby authorized and empowered to issue coupon bonds of Baldwin Page 517 county to an amount not exceeding twenty-five thousand dollars, and payable at such times not exceeding twenty years from date, as said ordinary or other county officer may deem best; said bonds to bear interest at a rate not exceeding seven per cent. per annum, payable semi-annually on the first day of January and July of each year, at such place as may be designated in said bonds. Bondsby whom issued. Amount limited. When payable. Rate of interest. Sec. II. Be it further enacted by the authority aforesaid , That said bonds shall issue in the denomination of one hundred dollars each, with coupons attached as above provided, and in the following manner, to-wit: as the present outstanding bonds of said county of Baldwin shall become due and payable, the ordinary of said county, or such other officer whose duty it shall be together with the county treasurer of said county, shall issue a sufficient number of said bonds provided for in this Act, with which to pay and take up the outstanding bonds so falling due, and none of the bonds issued under the provisions of this Act shall be applied for any other purpose than the payment of the present outstanding bonded indebtedness of said county. Denomination of bonds, etc. When and now issued. For what purpose issued. Sec. III. Be it further enacted by the authority aforesaid , That said bonds and coupons shall be signed by the ordinary of said county, or such other officer whose duty it may be, and countersigned by the county treasurer of said county in their official capacity, and the faith and credit of said county of Baldwin are hereby pledged for the payment of said bonds and the coupons attached, and the county authorities of said county whose duty it is to levy taxes for county purposes are hereby required to provide for the payment of said bonds and coupons by taxation as they become due. Bonds and couponsby whom signed. Payment provided for. 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 September 26, 1883. TO ABOLISH THE OFFICE OF COUNTY COMMISSIONERS IN COLUMBIA COUNTY. No. 366. An Act to abolish the office of county commissioners in the county of Columbia. 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 office of county commissioners of the county of Columbia be, and the same is hereby abolished. Office of county commissioners abolished. Sec. II. Be it further enacted by the authority aforesaid , That all unfinished business now pending before said board of county commissioners shall be transferred to the court of ordinary of said county to Page 518 be disposed of by said court, and that all the records and papers of said board of county commissioners be returned to said court of ordinary, to be filed and kept in said office. Unfinished businesshow disposed of. Records and papershow disposed of. 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 26, 1883. AUTHORIZING COMMISSIONERS OF BURKE COUNTY TO LEVY AND COLLECT AN EXTRA TAX FOR SAID COUNTY. No. 372. An Act authorizing the commissioners of roads and revenues of the county of Burke, State of Georgia, to levy, assess and collect upon the State tax of the county, for county purposes, an additional tax over and above that now authorized by law; said additional tax not to exceed one hundred per centum now authorized by law to be levied and assessed by said commissioners. 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 commissioners of roads and revenues of the county of Burke, State of Georgia, shall have power and authority, and they are hereby authorized to assess and levy annually upon the State tax of the county, and collect the same, such additional tax for county purposes over and above the one hundred per centum now authorized by law as shall be needed and necessary for said county purposes; provided , said additional tax thus levied shall not exceed one hundred per centum upon that now authorized by law to be levied and assessed by said commissioners, that is to say and it is the express meaning of this Act, that hereafter the limit of taxation for county purposes in said county by said commissioners shall be two hundred per centum upon the State tax of the county instead of one hundred per centum as heretofore authorized by law. Additional tax. By whom levied and collected. For county purposes. Rate limited. Sec. II. Be it further enacted , That in no case shall said commissioners levy, assess and collect such additional tax unless the same be absolutely necessary and needed to pay the usual and ordinary current expenses of the county. Not to levy unless needed absolutely. 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 26, 1883. Page 519 AMENDATORY OF THE ACT OF SEPTEMBER 25, 1879, CREATING COUNTY COMMISSIONERS FOR JOHNSON AND OTHER COUNTIES, SO FAR AS RELATES TO THE COUNTY OF JOHNSON. No. 373. An Act to amend an Act entitled an Act to provide for the creation of boards of commissioners of roads and revenues in the counties of Emanuel, Marion and Johnson; to prescribe their powers and duties, and to limit the compensation of the officers employed by them, approved September 25, 1879, so far as the same relates to Johnson 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 from and after the passage of this Act, section first of the above recited Act, so far as the same relates to the county of Johnson, shall read as follows: An election for three commissioners of roads and revenue for the county of Johnson, in this State, shall be held on the first Tuesday in November, 1883, in the manner now provided by general law for the election of county officers. Three commissioners When elected and how. Sec. II. Be it further enacted , That section three of the above recited Act shall be, and the same is so amended, so far as the same relates to the county of Johnson, as to read as follows: The three commissioners elected on the first Tuesday in November, 1883, as above provided, shall hold their offices till the election and qualification of their successors, which election shall be held at the same time and place of the regular election for county officers for said county, and shall hold their office for four years. Elections. Terms of office. Sec. III. Be it further enacted by the authority aforesaid , That section six of the above recited Act, so far as the same relates to Johnson county, be, and the same is amended by adding the following at the end of said section: And said commissioners shall, each, have and receive from the county treasury, for their services, two dollars and fifty cents per day for each regular meeting. Per diem of commissioners. Sec. IV. Be it further enacted , That except as herein altered and amended, all the provisions of the above recited Act shall be and remain in full force in the county of Johnson, and, except otherwise provided, shall remain of full force in the counties of Emanuel and Marion. Original Acthow enforced. 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 26, 1883. Page 520 GRANTING POWER TO BOARD OF COMMISSIONERS FOR BARTOW COUNTY TO AUTHORIZE THE ERECTION OF GATES OVER CERTAIN PUBLIC ROADS. No. 393. An Act to authorize and empower the board of county commissioners of Bartow county to give to owners of lands on the Etowah river, and other streams in said county, the right to erect gates on the public roads, 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 board of roads and revenues for the county of Bartow shall have, and they are hereby vested with authority and power to grant license to any citizen of said county owning lands on the Etowah river, or other large streams in said county, subject to overflow, to erect gates across any public way for any length of time as the county commissioners see proper; provided , said owners of said lands shall keep such gates in repair, easy to open and self-closing. Gates over public roads allowed. Under what conditions. 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 27, 1883. AUTHORIZING THE ROAD COMMISSIONERS OF BALDWIN COUNTY TO USE CONVICT LABOR ON THE ROADS OF THAT COUNTY. No. 449. An Act to authorize the road commissioners of the county of Baldwin to use the labor of certain convicts therein named in working the roads of said 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 from and after the passage of this Act, the road commissioners in and for the county of Baldwin shall have power and authority to use as a separate force for the working of the roads of said county the labor of such convicts as have been sentenced or may hereafter be sentenced by the judges of the superior or county court of said county for misdemeanors; to make such regulations for the safe keeping and maintenance of said convicts as may be prescribed by the road commissioners of said county; to purchase horses, mules, wagons, carts and all implements and tools which may be necessary for the work, and to employ such overseers, assistants, and guards and to hire such other labor as by the said road commissioners may be deemed necessary Page 521 for the proper and economical working of said force, and to place the same under the direction of a superintendent, under such rules and regulations and for such amount of compensation as said board may prescribe; provided , the provisions of this Act shall not go into effect until two (2) consecutive grand juries of the county shall first so recommend in their general presentments. Road commissioners may use county convicts on roads. Worked as separate force. Safely keep and maintain. Commissioners shall purchase horses, mules, wagons, etc. When operative. 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 28, 1883. TO AMEND THE LAW IN RELATION TO ROAD COMMISSIONERS OF MARION COUNTY. No. 462. An Act to amend an Act entitled an Act to provide for the creation of boards of commissioners of roads and revenues in the counties of Emanuel, Marion and Johnson, in this State, to prescribe their powers and duties, and to limit the compensation of the officers employed by them, approved September 25, 1879, so as to allow compensation to be paid to said commissioners in the county of Marion, 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 an Act entitled an Act to provide for creation of boards of commissioners of roads and revenues in the counties of Emanuel, Marion and Johnson, in this State, to prescribe their powers and duties, and to limit the compensation of the officers employed by them, approved September 25th, 1879, be amended by adding to the end of section 7 of said Act, the following words, to-wit: Each member of said board of commissioners in and for the county of Marion shall have and receive from the county funds of Marion county, the sum of thirty dollars per year for the services performed by them. Compensation of commissioners. 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 28, 1883. Page 522 TO ALLOW THE LEVY AND COLLECTION OF EXTRA TAXES FOR EDUCATIONAL PURPOSES IN CHATHAM COUNTY, AND FOR OTHER PURPOSES. No. 468. An Act to authorize and empower the commissioners of Chatham county and ex-officio judges to levy and collect, in addition to the taxes now allowed by law, special taxes for educational purposes, to maintain and support prisoners, to pay the salary of the judge of the city court, and the expenses of the courts in said county, and to pay jurors and the coroner, and for other purposes. Whereas, The revenue required to pay the expenses, and provide for the several matters enumerated in the preamble of this Act cannot be raised by any assessment upon the taxable property in said county of Chatham on the basis of a per centage on the State tax within the limits now prescribed by law; And Whereas, The variations from year to year in the State tax render it impracticable to fix any specific per cent. on such State tax as the limit or rate of county taxes in said county of Chatham, to provide the revenue required as aforesaid. Section I. Therefore be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act it shall and may be lawful for the commissioners of Chatham county and ex-officio judges, and they are hereby authorized and empowered to levy and collect annually a tax upon the taxable property in said county of Chatham sufficient to raise the revenue required to support and maintain the public schools in the city of Savannah, and county of Chatham, to pay the salary of the judge of the city court of Savannah, to pay jurors, to pay the coroner of said county, to support and maintain prisoners, both under arrest and under sentence, and to pay the expenses of holding the superior and city court; provided , that the said commissioners of Chatham county shall submit to the grand jury of said county at the March or Spring term of the superior court of said county in each and every year, a budget stating specifically the amount of money that is required for each particular county purpose, and for incidental expenses, classifying the incidents, and for all payments which by law the said commissioners are required to provide, and the rate of taxation shall be fixed by said commissioners so as to raise the amount which shall be approved by the grand jury; provided , that no more than fifty per centum upon the State tax in addition to that now provided by law shall be recommended or levied. Taxby whom levied and collected. For what purpose. Duty of commissioners. Limitation of per centum. Sec. II. Be it further enacted , That the taxes authorized to be levied in and by the first section of this Act shall be assessed by the said commissioners of Chatham county as soon as practicable after the completion of the tax digest by the receiver of tax returns, and that public notice for not less than one week shall be given in Page 523 one or more of the public gazettes of said county, stating the amount of money intended to be raised and appropriated for each of the purposes above specified, and the rate of taxation assessed. Taxwhen and by whom assessed. Noticehow given of sum to be raised. 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 28, 1883. Page 524 TITLE III. COUNTY AND CITY COURTS. ACTS. Solicitor county court Oconee county. County court of Bryan county abolished. Deposit of costs in city court of Savannah. Judge for county court Mitchell county. Insolvent costs in city court of Richmond county. Judge city court Richmond county made ex-officio commissioner for said county Fines, etc. in county court of Sumter county. Solicitor county court of Thomas county. Judge and jurors city court of Savannah. Solicitor county court of Sumpter county. County court of Floyd county abolished. Jurors for city court of Clarke county. Establishing city court of Floyd county. Terms of city court of Richmond county. SOLICITOR COUNTY COURT OF OCONEE COUNTY. No. 3. An Act to provide for a solicitor for the county court of Oconee county and to provide compensation for the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That the office of solicitor for the county court of the county of Oconee be, and the same is hereby created, whose duty it shall be to represent the State in all criminal and other cases and proceedings in said court wherein the State is a party or is interested. Office created. Duty. Sec. II. Be it further enacted by the authority aforesaid , That the solicitor of the county court herein provided for shall be appointed by the Governor by and with the advice and consent of the Senate and shall hold his office for four years, and until his successor is appointed and qualified; vacancies shall be filled by appointment by the Governor in the interim between sessions of the General Assembly until the Senate shall next thereafter convene. Appointment. Term. Vacancies. Sec. III. Be it further enacted by the authority aforesaid , That the Page 525 said solicitor of the county court shall receive as his compensation five dollars in each case, which shall be charged as part of the costs in each case, and in case the costs cannot be recovered from the defendant the said costs of the county solicitor shall be paid out of the fines and forfeitures of said county court. Compensation. 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 December 5, 1882. COUNTY COURT OF BRYAN COUNTY ABOLISHED. No. 82. An Act to repeal the several Acts creating, organizing and establishing a county court for the county of Bryan, in this State, to provide for a proper disposition of the business, civil and criminal now pending in 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 authority of the same , That the Act creating, organizing and establishing a county court in each county of this State except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereto so far as the same relates or appertains to the county of Bryan be, and the same are hereby repealed and said court for said county abolished. County court of Bryan county abolished. Sec. II. Be it further enacted by the authority aforesaid , That immediately after the passage of this Act the judge of the county court of the said county of Bryan shall transfer all criminal cases pending in his said court to the superior court of said county and all civil cases to the superior or justices' court of said county, according as the one or the other has jurisdiction under the law regulating the same. Disposition of former business. Sec. III. 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 July 28, 1883. Page 526 DEPOSIT OF COSTS IN CITY COURT OF SAVANNAH. No. 96. An Act to amend section six (6) of an Act entitled an Act to enlarge the jurisdiction of the city court of Savannah, to prevent the judge thereof from practicing law, and for other purposes, approved September 15, 1881, so far as relates to the deposit of costs provided for in said section. Section. I. Be it enacted by the General Assembly of Georgia , That the sixth section of the above recited Act be, and the same is hereby amended by striking from the fifth line of said section the word five and by inserting in lieu thereof the word ten. Ten instead of five dollars to be deposited. Sec. II. Be it further enacted , That all laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 17, 1883. JUDGE COUNTY COURT OF MITCHELL COUNTY. No. 133. An Act to provide for the appointment of a county judge for the county of Mitchell, and to make applicable to said county the law contained in Chapter IV., Title V. and Part I. of the Code of 1882, and for other purposes herein named. Section I. The General Assembly of the State of Georgia do enact . That on or after the passage of this Act, the Governor of said State, by and with the advice and consent of the Senate, shall appoint a county judge for the county of Mitchell, who shall be commissioned and qualified as provided in Chapter IV., Title V., Part I. of the Code of 1882. Appointment. Commission and qualification. Sec. II. Be it enacted , That the qualifications, jurisdiction, powers, modes of procedure and officers of said county court shall be the same as provided in Chapter IV., Title V. and Part I. of the Code of 1882. Jurisdiction, powers, etc. Sec. III. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 4, 1883. Page 527 INSOLVENT COSTS IN CITY COURT OF RICHMOND COUNTY. No. 191. An Act to amend an Act entitled 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, approved September 22, 1881, so as to provide for the payment of the insolvent costs of the clerk and sheriff of said court in the same manner as the payment of the insolvent costs of the solicitor of said courts, provided for in said Act of September 22, 1881. 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 five of an Act entitled 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, approved September 22, 1881, be, and the same is hereby amended by adding after the last word of said section the words following, to-wit: But all bills of insolvent costs that may become due said clerk, sheriff and deputies for services rendered in said city court shall be paid in the same manner as is provided in the fourth section of this Act for the payment of the insolvent costs of the solicitor of said city court; that is to say that all bills of insolvent costs that may become due said clerk, sheriff and deputies for services rendered in said city court, when examined and approved by the judge of said city court, shall, upon presentation, be paid by the treasurer of the county out of any funds which may be in the treasury, so that said fifth section as hereby amended shall read as follows, to-wit: 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; but all bills of insolvent costs that may become due said clerk, sheriff and deputies for services rendered in said city court shall be paid in the same manner as is provided in the fourth section of this Act for the payment of the insolvent costs of the solicitor of said city court; that is to say that all bills of insolvent costs that may become due said clerk, sheriff and deputies for services rendered in said city court, when examined and approved by the judge of said city court, shall, upon presentation, be paid by the treasurer of the county out of any funds which may be in the treasury. Insolvent costs of clerk and sheriffhow paid. Page 528 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 14, 1883. JUDGE CITY COURT OF RICHMOND COUNTY MADE EX OFFICIO COMMISSIONER OF ROADS, ETC., OF RICHMOND COUNTY. No. 193. An Act to constitute the judge of the city court in the county of Richmond ex-officio commissioner of roads and revenues for Richmond county, to define his powers and duties, and for other purposes. Whereas, doubts have been expressed as to the legality of that provision of the Acts creating the city court of Richmond county, which makes the judges of said court ex-officio commissioners of roads and revenues in and for said county upon the ground that it varies from the title of the Act. Preamble. And Whereas, the grand jury of said county at the April term, 1883, of the superior court, desiring to have all doubts removed, after endorsing the like action of a former grand jury earnestly recommended the passage by the General Assembly of a separate Act making the judge of the city court of Richmond county ex-officio commissioner of roads and revenues with the power and duties imposed on him by the city court Act or now exercised by him. Section I. Therefore be it enacted by the General Assembly, and it is enacted by authority of the same , That the judge of the city court in the county of Richmond shall be ex-officio the commissioner of roads and revenues in said county, and as such shall have original and exclusive jurisdiction over the following subject matters, to-wit: first, in directing and controlling all the property of the county as he may deem expedient according to law; second, in levying all county taxes according to law; third, in establishing, altering or abolishing all roads, bridges or ferries in conformity to law; fourth, in establishing and changing election and militia districts; fifth, in supplying, by appointment, all vacancies in county offices and in ordering elections to fill them; sixth, in examining, settling and allowing all claims against the county; seventh, in examining and auditing the accounts of all officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; eighth, in making such rules and regulations for the support of the county, for county police and patrol, for the promotion of health and quarantine as are granted by law or not inconsistent therewith; ninth, in appointing managers for county, State and national elections; tenth, in regulating peddling and fixing the price of licenses therefor, in granting and issuing all Page 529 licenses, the proceeds of which form or may form part of the county revenue; eleventh, in approving the bonds of all officers having the collection, custody or disbursement of county funds; twelfth, he shall have the power to appoint any person to discharge any trust authorized by his powers, where no other person is designated by law, and to regulate his compensation and take bond and security; thirteenth, he is authorized and empowered to exercise all the powers that could be lawfully exercised by the justices of the inferior court when sitting for county purposes by the justices thereof at the time of the abolishment of the inferior court except as to proceedings and record in cases of lunacy, the appointment of processioners, and proceedings in cases of processioning, the taking and approving of all official bonds and qualifying of officers under dedimus from the Governor, except the bonds of all officers charged by law with the collection and custody of money must be submitted to the commissioner for his approval; in binding out and apprenticing of minors, in proceedings connected with estrays, marks, brands and weights and measures, the powers and duties herein excepted to be exercised by the ordinary who shall receive such fees as are now or may hereafter be provided by law for said services; fourteenth, the said commissioner shall exercise such other powers as are or may be granted by law, or are indispensable to his jurisdiction over county matters and county finances. Judge made ex officio commissioner. Jurisdiction. May delegate power. Powers. Sec. II. Be it enacted , That said commissioner shall hold one session for county purposes at the court-house on the first Tuesday in each and every month, and at other times as often as in his judgment the powers and duties herein conferred may require. Session for county purposes. Sec. III. Be it further enacted , That he shall cause to be kept a book of minutes containing his acts and doings as commissioner, a complete record of the affairs of the county; said minutes, records and vouchers for all funds of the county disbursed shall be kept in the commissioner's office in the court-house, and subject to the inspection and examination of the grand juries at each and every term of the superior court; that he shall at the spring term of the superior court make to the grand jury thereof a full and explicit report of the condition of the affairs of the county for the year preceding, and accompany said report with the statement of the receipts and disbursements for the year, and to furnish any information to the grand jury they may desire concerning county matters. Book of minutes. Reports. Sec. IV. Be it enacted , That the clerk of the city court shall be ex-officio clerk of said commissioner, and shall keep the minutes and records for county purposes, and perform such other duties as may be required of him as said clerk and incident to said office. The said clerk shall receive as compensation for all services where no fees are provided by law such sum as the commissioner may deem reasonable and just, not to exceed the sum of sixty dollars per month. Clerk. Duties. Compensation. Sec. V. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 17, 1883. Page 530 FINES, ETC. IN COUNTY COURT OF SUMTER COUNTY. No. 196. An Act to provide for the disposition of fines and forfeitures arising in the county court of Sumter county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, that all fines and forfeitures collected in every case originating in the county court of Sumter county shall be distributed in the following manner, to-wit: 1. One-half of the fines collected shall be paid into the county treasury and credited to the fund appropriated for the payment of the salary of the county judge and the jurors in said county court, and the treasurer is hereby authorized to pay out of said fund the salary of said county judge and of the jurors in said court; provided , that the salary of said county judge shall have first been fixed in the manner required by the general law of this State, and the payment of such salary shall not be dependent upon collections from fines and forfeitures. 2. The remaining half to be appropriated to the payment of insolvent costs due the officers of said county court, and the officers of the committing courts when they are entitled to be paid. Said sums are to be distributed under the order of the county judge in the same manner and for the same uses as fines and forfeitures are distributed in the superior court in like cases. Distribution of fines and forfeitures, in county court. Sec. II. Be it further enacted , That all fines and forfeitures collected in cases transferred by the superior court to said county court shall be paid over to the solicitor-general, and reported by him to the superior court to be distributed according to the same rules that fines and forfeitures are distributed in cases pending in the superior court, and in such cases the officers of the county court should be paid out of the fines and forfeitures so collected, whatever sum may be due for costs in the particular cases. Cases transferred from superior court. Sec. III. Be it further enacted , That the county treasurer be, and he is hereby authorized to pay out of any fines and forfeitures now on hand arising in the county court, to pay out of said funds the salary of said county judge, and the pay of jurors in said court; provided , that the lawful order heretofore granted on said funds shall be first paid. And if there should be any funds in excess of said lawful orders at the time of the passage of this Act, the county treasurer is hereby authorized to transfer the amount of said fines and forfeitures to the fund appropriated for the payment of the aforesaid expenses of said county judge and jurors. Pay of judge and jurors. Proviso. Disposition of excess. 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 15, 1883. Page 531 SOLICITOR COUNTY COURT OF THOMAS COUNTY. No. 212. An Act to establish the office of county solicitor for the county court of Thomas; to provide for his appointment, prescribe his duties and fix his compensation, 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 office of county solicitor for the county court of Thomas be, and the same is hereby established. Office created. Sec. II. Be it further enacted by the authority aforesaid , That the Governor of the State of Georgia, by and with the advice and consent of the Senate, shall appoint and commission a suitable person, residing in Thomas county, who shall be an attorney at law and practitioner of three years' standing previous to his appointment, to act as county solicitor in all State cases in the county court of said county, whose term of office shall continue for the term of four years from the date of his commission, and until his successor is appointed and commissioned. Appointment. Qualifications. Term. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of the county solicitor to represent the State in all cases in the county court of said county, and to assist the solicitor-general in all cases taken up from said county court to the superior court of said county, and to perform such other duties as are or may be required by law, or which necessarily appertain to his office. Duties. Sec. IV. Be it further enacted by the authority aforesaid , That the county solicitor shall receive for each person prosecuted in the county court the sum of five dollars. Compensation. Sec. V. Be it further enacted by the authority aforesaid , That the costs of the county solicitor shall be paid by the prosecutor or the accused, as shall be determined by the county court; but in cases where there is no prosecutor, or where the party adjudged to be liable is insolvent, said costs shall be paid out of funds arising from fines and forfeitures in said court. Costs. Sec. VI. Be it further enacted by the authority aforesaid , That for all other services rendered by said county solicitor, and for which no fees are prescribed, he shall receive the same fees, to be paid in the same manner as are the fees of the solicitor-general for similar services. Fees not prescribed by law. 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 September 17, 1883. Page 532 JUDGE AND JURORS CITY COURT OF SAVANNAH. No. 218. An Act to amend an Act to enlarge the jurisdiction of the city court of Savannah; to prevent the judge thereof from practicing law, and for other purposes, approved September 15, 1881, so as to permit such judge to practice law as a conveyancer under certain circumstances; to provide for the payment of his salary and other expenses of said court; to increase the term of service of, and to compensate, jurors and to better enforce their attendance, 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 section four of the above recited Act be, and the same is hereby amended so that it shall read as follows: 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; nor shall it prevent his continuing to act as solicitor of the Southern and Chatham Mutual Loan Associations, so far as passing on and preparing securities until the end of his term in 1888. Judge may not practice law. Not to apply to present judge. Sec. II. And it is hereby further enacted by the authority of the same , That section five of the above recited Act be, and the same is hereby amended so that it shall read as follows: That the judge of the said city court shall have annual salary of three thousand dollars, to be paid to 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, except that the county commissioners of said county shall levy a special tax, without submitting their action to the grand jury, for the purpose of paying such salary; such tax to be collected in the manner now prescribed for collecting other taxes; all other expenses of said court (except providing a court room and offices for the officers thereof and the payment of the jury fees) shall continue to be borne and paid by the treasurer of the city of Savannah, but this section shall not go into effect until January 20, 1884. Salary of judge. How paid. Expenses of court. Sec. III. And it is hereby further enacted by the authority of the same That section eight of the above recited Act be, and the same is hereby amended so that it shall read as follows: That it shall be the duty of the clerk of said city court to prepare and file in his office copies of the grand jury list and the traverse jury list of the superior court of Chatham county, as provided from time to time for such superior court, and the persons whose names are on such lists shall be respectively the grand jurors and traverse jurors of the said city court; and grand and traverse jurors shall be drawn therefrom in the manner now provided by the Act regulating the selection Page 533 of jurors for city court, approved December 17, 1878, and the Acts and laws having especial reference to the city of Savannah. And the traverse jurors of said city court shall each serve fourteen days unless sooner discharged by the court, and shall each receive the sum of one dollar for each and every day's actual service, to be provided for by the county commissioners of Chatham county, and paid by the treasurer of said county in the same manner and under the same rules (so far as the same may be applicable) now provided for paying jurors of the superior court of said county. And if any person who shall be summoned to appear as a grand, or as a traverse juror shall fail to appear at the time and place stated in his summons, the clerk of said city court shall make out against, and the sheriff of said city court or his deputy, or any bailiff or constable in said county, shall serve on such defaulting juror a rule commanding him to show cause, if any he have, before said court, at such time, not less than ten days from the serving of such rule, as the judge of said city court shall direct, why he should not be dealt with as for a contempt of court; and if no satisfactory cause to the contrary is shown at such time, the judge may impose upon him, if summoned as a grand juror, a fine not to exceed forty dollars, and if summoned as a traverse juror, a fine not to exceed twenty dollars, or in either case, imprisonment without labor, in the common jail of said county for a term not exceeding ten days, either or both, in the discretion of the court, and such defaulting juror shall in addition pay all the costs of such proceedings. Jurors. How provided. Service of. Pay of. Failure to appear. Sec. IV. And it is hereby further enacted by the authority of the same , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed, so far as they so conflict. Approved September 18, 1883. SOLICITOR COUNTY COURT OF SUMTER COUNTY. No. 268. An Act to provide for a solicitor of the county court of Sumter county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, it shall be the duty of the Governor, with the consent of the Senate, to appoint some competent attorney of said county of Sumter solicitor of the county court, and the term of the office of said county solicitor shall be four years. How appointed. Term. Sec. II. Be it further enacted , That said county solicitor shall have the same power and authority in criminal cases that the solicitor-general would have in similar cases in the superior court, and shall be entitled to receive the same fees and costs as are allowed the solicitor-general for like services; provided , that nothing in this Act shall be construed to deprive the solicitor-general of the rights to Page 534 control and collect fees due him in all cases transferred from the superior court. Powers. Compensation. Proviso. Sec. III. Be it further enacted , That the said county solicitor shall be subject to the same rules and penalties as solicitors-general for like offenses; and that before entering upon the duties of his office he shall give bond and security (to be approved by the county judge) in the sum of one thousand dollars, in the same terms and conditions as are required of solicitors-general. Penalties. Bond. 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 22, 1883. COUNTY COURT OF FLOYD COUNTY ABOLISHED. No. 289. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same apply to the county of Floyd. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act, and all amendments thereof as now embodied in the Code of 1882, from section 279 to 317E, inclusive, be, and the same are hereby repealed, so far as they apply to the county of Floyd, and the county court of the said county of Floyd is hereby abolished; provided , however, that this Act shall not go into effect until the passage of an Act to create a city court in the county of Floyd. County court abolished. 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 25, 1883. JURORS FOR CITY COURT OF CLARKE COUNTY. No. 320. An Act to amend the Act creating the city court of Clarke county and approved September 9, 1879, so as to allow the drawing of thirty-six jurors instead of twenty-four; also, to further amend said Act so as to allow jurors in said city court the same pay as is now allowed jurors in the superior court of Clarke 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 section seven of the Act creating the city court of Clarke county, and approved Page 535 September 9, 1879, be stricken out, and that the following section be inserted in its stead: Section VII. During the session of said city court, at each term in open court, the judge shall draw from said box number one, thirty-six 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 the tickets in another box, to be numbered two. The clerk of the superior court shall keep said jury boxes, and the sheriff the key; these 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 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 where it may become 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 the 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 described. Number of jurors to be drawn. Jury drawn in vacation. Sec. II. Be it further enacted by the authority aforesaid , That section forty-four (44) be amended by striking out the words one dollar per day for their services, and also by inserting after the word attendance, the words the same pay as is fixed for jurors in the superior court of Clarke county, so that said section, when amended, shall read: All jurors in the city court whether belonging to the regular panel or talesmen, shall receive for every day of actual attendance the same pay as is fixed for jurors in the superior court of Clarke county. Compensation. 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 26, 1883. ESTABLISHING CITY COURT OF FLOYD COUNTY. No. 383. An Act to establish a city court in the county of Floyd. Section. I. Be it enacted by the General Assembly of the State of Georgia , That a city court, which shall be a court of record, be, and the same is hereby created and established in the city of Rome, in the county of Floyd, with jurisdiction over the whole of said county, concurrent with the superior court, to try and dispose of all civil cases where the principal sum claimed, in cases of contract, or the property or damages in cases of tort, does not exceed the sum or value of five hundred dollars, except where exclusive jurisdiction is by law vested in the superior court, provided , that when the amount or value of the property claimed is less than one hundred dollars, the Page 536 plaintiff shall not recover against the defendant more costs than he could have recovered had the proceeding been instituted in a justice's court; and said jurisdiction shall include not only ordinary suits by petition and process, but also all other kinds of suits, proceedings and remedies now, or which may be at any time, in use in the superior courts, either under the common law or by virtue of any statute; and all attachments and all issues, made by illegality, counter affidavit, or otherwise, in such suits or proceedings, and all statutory awards which are now by law made returnable to the superior court of said county, are hereby made returnable to said city court, when the amount involved is within the limits of its jurisdiction, unless the plaintiff in such suit, or proceeding, or award, shall otherwise direct the officer or person whose duty it may be to return the same, and all warrants for the eviction of intruders and tenants holding over, are likewise made returnable to said city court regardless of the value of the property involved, unless the plaintiff in such proceeding shall otherwise direct. But said jurisdiction shall not include the granting of writs of certiorari , mandamus, prohibition, or quo warranto . And said court shall also have jurisdiction of all suits on bonds taken in any suit or proceeding in said court, such as attachment, claim, replevy, and other similar bonds, and to enforce in the usual manner the forfeiture of all bail bonds in criminal cases returnable thereto, or transmitted thereto from the superior court, although the penalties in such bonds may exceed the sum of five hundred dollars, and any debt or demand may be brought within the jurisdiction of said court, provided , the holder thereof shall, in bringing the suit, remit or release so much of the principal debt or demand (together with all interest on the amount so remitted,) as may be necessary to reduce the principal debt or demand within the limit of said jurisdiction. When the person sought to be garnisheed, in any suit in said court, does not reside in the county of Floyd, the summons of garnishment may be made returnable to any court of the county of the garnishee's residence which may have jurisdiction of the same. City court established. Jurisdiction. Sec. II. Be it further enacted , That 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. All vacancies in said office 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 such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The judge of said city court shall receive a salary of six hundred dollars per annum, which shall not be diminished during his continuance in office, which shall be paid quarterly by the treasurer of the county of Floyd. And it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually, in levying the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge. Appointment and term. Vacancies. Salary. Sec. III. Be it further enacted , That before entering upon the Page 537 duties of his office, the judge of the 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 rights 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 Floyd county, according to the best of my ability and understanding, and agreeable to the laws and constitution of the State of Georgia, 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 shall be a lawyer, and have practiced law in this State for as much as four years, and have been a resident of said county for as much as one year next preceding his appointment. Oath of judge. Qualifications. Sec. IV. Be it further enacted , That the solicitor-general of the Rome judicial circuit shall be ex-officio the solicitor of the said city court. It shall be the duty of said solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services the same fees that are provided by law for similar services in the superior court. Whenever said solicitor-general shall, by reason of his official engagements elsewhere, be unable to attend said court, it shall be his duty to secure the services of a competent attorney at law to represent him in said court. On his failure to do so, or in the absence of any one authorized to represent the State, the judge of said court shall have power to appoint a competent attorney as solicitor pro tem . Solicitor. Duties. Compensation. Solicitor pro tem. Sec. V. Be it further enacted , That the clerk of the superior court of Floyd county shall be ex-officio clerk of the said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same are applicable, and for his services shall receive the same compensation he is entitled to receive for similar services in the superior court. The sheriff of Floyd county and his deputies shall be ex-officio officers of said city court, and shall perform in and for said court all duties that are by law required of them as officers of the superior court, and shall receive for their services the same fees as they are entitled to receive for similar services in the superior court; and all the officers of said city court shall be subject to the same penalties and amenable to the same processes and remedies as they are now by law subject and amenable to as officers of the superior court, and shall be entitled to employ the same remedies for the collection of their fees and costs in said court as they are entitled to in the superior court. Clerk. Duties. Compensation. Sheriff. Duties. Compensation. Proceedings against officers. Sec. VI. Be it further enacted , That the said city court, in the exercise of its civil jurisdiction as hereinbefore defined, shall be governed by the same laws, and shall have the power as to pleadings, practice, modes of procedure, and as to the remedy in general, including all the modes of procuring the testimony of witnesses and the production of evidence, which prevail in or appertain to the superior courts as the same now exist, or as they may hereafter, Page 538 from time to time, be modified, so far as applicable, and not inconsistent with this Act, including also the rules established by the judges of the superior courts. The judgments and proceedings of said court shall have the same dignity and binding effect, and be enforced in the same manner, as the judgments and proceedings of the superior courts. Pleadings, practice, etc. Evidence. Judgments, etc. Sec. VII. Be it further enacted , That the said city court shall hold four quarterly sessions or terms in each year, the time of which shall be established by the judge thereof by advertising the same weekly for four successive weeks in the paper wherein the county advertisements are published, and in like manner he may change such times. Sessions. Sec. VIII. Be it further enacted , That in civil cases the original petition shall be filed in the clerk's office at least fifteen days before the term to which it is returnable, and, if filed within the fifteen days, the clerk shall make the same returnable to the next succeeding term thereafter. The service of process shall be made ten days before the term to which the same is made returnable. Ordinary suits stand for trial at the second term, as in the superior courts. Filing suits. Service of process. Sec. IX. Be it further enacted , That the trial of all issues of fact in said court shall be by the court, without a jury, except where either party in a civil case, or the defendant in a criminal case, shall, in writing, demand a trial by jury. A failure to file such demand at or before the beginning of the trial shall be a waiver of said right. Trials. Demand for jury. Sec. X. Be it further enacted , That the jury for the trial of such issues when so demanded shall be composed of six men; and it shall be the duty of the judge of said city court to provide at each regular term thereof, two panels of six jurors each, by one or the other of which panels all such issues shall be tried; provided , the parties agree upon one of such panels; if the parties fail to agree upon a panel, they shall strike from the two panels, each side in civil cases being entitled to three alternate strikes, and in criminal cases the defendant being entitled to four and the State to two strikes. In all other respects the same rules shall govern the trial by jury in said city court as govern such trials in the superior courts, so far as applicable. Jurors for said city court shall be procured in the following manner: The clerk of said court shall take the list of jurors as revised from time to time by the jury commissioners or other proper authority of said county, for the superior court, including both grand and traverse jurors, and putting their names in a box kept for the purpose, the judge of said city court shall at each regular term draw therefrom by lot sixteen names of persons who shall be summoned by the sheriff to serve as jurors at the next term, and out of whom the two panels aforesaid shall be made up. The same regulations which prevail in the superior court in regard to the care and custody of the jury box, the summoning of jurors and of talesmen, the competency of jurors, and in regard to juries and jurors in general, shall prevail also in said city court so far as applicable. The sheriff shall be entitled to a fee of two dollars for summoning the juries for each term; and the juries Page 539 so impaneled shall receive the same pay allowed juries in the superior court of Floyd county. Juries. How provided. Rules for. Pay of. Sec. XI. Be it further enacted , That besides the civil jurisdiction heretofore prescribed, said city courts shall have a criminal jurisdiction to try all offenses committed in said county of Floyd below the grade of felony, and said court besides its regular quarterly sessions may sit at any time for the trial of criminal cases within its jurisdiction. Criminal jurisdiction. Sessions for. Sec. XII. Be it further enacted , That it shall be the duty of all committing courts in said county to bind over to said city court for trial or to commit for trial by said city court, all persons committed or admitted to bail by them where the offense for which such persons are so held to answer come within the jurisdiction of said city court; and all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial without any previous committing trial. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said court, it shall be the duty of the jailor to communicate that fact to the judge of said city court as soon as practicable, and to carry such accused person before the said judge for trial, at such time as said judge may direct, and it shall be the duty of said judge on receiving such information in any manner, to cause such accused person to be brought promptly before him for trial and to grant as speedy a trial as the circumstances of the case will permit. Committing courts to bind over to. Duty of jailor. Speedy trial. Sec. XIII. Be it further enacted , That all criminal trials in said court shall be by the judge and without jury and without indictment by a grand jury, except when the accused shall in writing demand one or both of them. A plea to the accusation by the accused shall be a waiver of both, and he shall not thereafter have the right to recall such waiver. When indictment by a grand jury is demanded, it shall be the duty of the judge of said city court to commit or bind over the accused for trial by the superior court. When indictment is waived, but a trial by jury is demanded, if at a special session of the court, the case shall be continued to the next quarterly term, and shall then stand for trial as other jury cases. If upon the trial of any case when indictment is not demanded or has been waived, the judge of said court shall be of opinion that the evidence produced makes a case of felony against the accused, it shall be the duty of said judge thereupon to suspend the trial, and to commit or bind over such accused person to the next superior court as in preliminary examinations. Trials of criminals. Sec. XIV. Be it further enacted , That juries for the trial of criminal cases shall be composed of the same number of men and shall be impaneled and stricken in the same manner as hereinbefore provided for the trial of civil cases. Juries for criminal cases. Sec. XV. Be it further enacted , That the judge of the superior court of said county may by order transmit to said city court for trial all bills of indictment and presentment found by the grand jury for offenses within the jurisdiction of said city court which he may deem proper; all such cases shall be entered by the clerk upon Page 540 the docket of said city court, and all bonds given by the defendants in such cases for appearance in the superior court to answer said accusation shall thereupon bind them for similar appearance in said city court as though the same had been therein stipulated. Transfer of cases from superior court. Sec. XVI. Be it further enacted , That all other criminal cases tried in said city court, whether at a quarterly or special session, shall be upon written accusation; such accusation shall set forth plainly the offense charged, and shall conform as to all matters of substance with the rules of criminal pleading which prevail in the superior courts; it shall be signed by the solicitor-general, or other attorney representing the State, and have indorsed thereon the name of the prosecutor. Criminal cases tried on accusation. Nature of. Sec. XVII. Be it further enacted , That in the exercise of its criminal jurisdiction said city court shall be governed by the same laws and shall have the same powers as the superior court, so far as applicable and not herein modified, and the accused shall have the same rights and privileges except as herein provided. Rules as to trial of criminal cases. Sec. XVIII. Be it further enacted , That all moneys arising from fines and forfeitures in said city court shall be subject to the claims of the officers of said court, and of the superior court, and of magistrates and constables of said county, for their fees and costs in criminal cases where the defendants are insolvent or have been acquitted, and shall be applied to the payment thereof under the laws and regulations governing the same in the superior courts of this State. Fines and forfeitures. Sec. XIX. Be it further enacted , That the said city court shall have power to grant new trials in all cases, both civil and criminal, tried therein under the same rules and regulations which govern motions for new trials in the superior courts, so far as applicable. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge within five days after the rendition of the judgment complained of, and not after unless for special cause; within the discretion of the judge, further time may be by order granted, in other respects such motion shall be governed by the ordinary rules aforesaid. New trials. In criminal cases. Sec. XX. Be it further enacted , That any sentence, judgment or decision of said city court, or the judge thereof, whether made at a regular term or at a special session, or in passing upon motions for a new trial at chambers, may be reviewed and corrected by the superior court of said county of Floyd upon a bill of exceptions thereto, and the same laws and regulations which govern bills of exceptions from the superior court to the supreme court as the same now exists and as they may be from time to time modified, shall govern and regulate bills of exceptions from the said city court to the superior court so far as applicable, except in the following particulars: such bill of exceptions if to a final judgment, must be tendered and certified within fifteen days instead of thirty, and when certified must be filed in the office of the clerk of the superior court and a copy thereof served upon the opposite party within ten days thereafter. No copy of such bill of exceptions shall be required to be made and filed in said city court, but the clerk thereof shall enter upon the records of said case in the city court a note of the fact of such exceptions being Page 541 made, and the date thereof. No transcript of the record in such case shall be made for the superior court, but the superior court shall on the hearing of said bill of exceptions, examine and review the original record. All such bills of exceptions shall stand for hearing in said superior court at the next term after the filing of the same in the office of the clerk thereof, or during the same term if said superior court be in session or has not finally adjourned at the time of such filing. All such cases shall be heard and disposed of by the superior court at the first term unless continued by providential cause. Upon the rendition of judgment by the superior court upon any such bill of exceptions, such judgment, after being entered upon the minutes of said superior court, shall, together with the original bill of exceptions and the entire record in the case, be returned to the office of said city court, where said judgment shall be duly recorded and enforced; provided , that if such case should be carried by bill of exceptions from said superior court to the supreme court, then the entire record in the case shall remain in the superior court until the return of the remitter in the case from the supreme court, and the clerk of the superior court shall transmit with the bill of executions to the supreme court a copy of said record as in other cases. Appellate power of superior court. Regulations for. Proviso. Sec. XXI. Be it further enacted , That parties excepting to any judgment of said city court may obtain a supersedeas of such judgment, pending the bill of exceptions, and until the final disposition thereof, by complying with the same requirements of law which regulate the supersedeases of judgments of the superior courts in like cases. Supersedeas. Sec. XXII. Be it further enacted , That for the purpose of punishing contempts, preserving order, enforcing its processes, sentences and orders, the same authority and power is hereby vested in the said city court within its jurisdiction as is or may hereafter be vested in the superior courts of the State. Contempts, etc. Sec. XXIII. Be it further enacted , That the judge of said city court shall have authority to grant writs of habeas corpus , except when the person detained of his liberty is charged with a capital felony; to issue criminal warrants upon affidavits, and to hold preliminary examinations of persons charged with crime; to bind over, commit or discharge such persons, according to the directions of this Act, and the laws of this State not inconsistent therewith; to administer oaths; to attest instruments for record, and to keep the peace; and the said judge is hereby invested with all the judicial functions granted by law to the judiciary of this State, which are not inconsistent with the provisions of this Act. Habeas corpus. Warrants. Power to commit, etc. Sec. XXIV. Be it further enacted , That the sessions of the said city court shall be held in the court-house of the county of Floyd, or in such other place as the superior court of said county may be authorized to hold its sessions; provided , that the judge of said city court, in his discretion, may hold any session of said court in any room of said court-house. Sessionswhere held. Sec. XXV. 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 27, 1883. Page 542 TERMS OF CITY COURT OF RICHMOND COUNTY. No. 402. An Act to change the time of holding the quarterly terms of the city court in the county of Richmond, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the next October quarterly term of the city court in the county of Richmond, the time of holding the quarterly terms of said court shall be the second Monday in November, March, June and September in each and every year, instead of the first Monday in January, April, July and October, as now provided by law. Time of quarterly sessions. 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 as returnable at the terms as herein fixed. Writs, etc. how 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 27, 1883. Page 543 TITLE IV. GAME, ETC. ACTS. Camp-hunting in Clinch county. Killing of wild deer or turkeys in Rabun county. Protection of game in Wilkes county. Hunting on unenclosed land in Chatham county. Fishing in Connasauga river in Murray county. Fishing in streams in Emanuel county. TO AMEND AN ACT IN RELATION TO CAMP-HUNTING IN CLINCH COUNTY BY NON-RESIDENTS. No. 118. An Act to amend an Act to prohibit camp-hunting in the county of Clinch, by non-residents, to prescribe a punishment therefor, and for other purposes, by requiring the written consent of at least five freeholders, resident in the militia district wherein such camp-hunting is to be engaged in. Section I. The General Assembly of the State of Georgia do enact , That an Act to prohibit camp-hunting in the county of Clinch by non-residents, to prescribe a punishment therefor, and for other purposes, approved September 13, 1881, be, and the same is hereby so amended as to require the written consent of at least five freeholders resident in the militia district wherein such camp-hunting is to be engaged in. Requires written consent of 5 freeholders in militia districts, where hunting is done. 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 4, 1883. Page 544 TO PROHIBIT THE KILLING OF WILD DEER AND TURKEYS IN CERTAIN SEASONS IN RABUN COUNTY. No. 159. An Act to prohibit the killing of wild deer or turkeys in certain seasons of the year in Rabun county. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act it shall be unlawful for any person or persons to kill wild deer in the county of Rabun from the first day of April to the first day of October, or to kill wild turkeys from the fifteenth of May to the first day of September. Periods of prohibition defined. Sec. II. Be it further enacted , That 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 Revised Code of 1873. Penalty. 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 12, 1883. TO PROTECT GAME AND BIRDS IN WILKES COUNTY. No. 183. An Act for the protection of game and birds in the county of Wilkes, to prohibit the killing, trapping or netting of the same, or removing or destroying the eggs of any of the same during certain months in said county, to provide penalties for all so doing 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, any person who shall shoot, kill, trap, snare, net, or otherwise destroy any wild turkey, partridge or mocking bird, or who shall remove or destroy in any manner the eggs of any of the same between the first day of April and the first day of September in each and every year, or any person who shall buy, sell, or offer for sale, any of said game and birds, or any of the eggs of the same between the dates aforesaid, shall be guilty of a misdemeanor, and shall be punished on conviction thereof as provided in Section 4310 of the Code of Georgia. Periods of prohibition defined. Sec. II. Be it further enacted by the authority aforesaid , That any person who shall rob or destroy the nest of any wild turkey, partridge, mocking bird or dove, in said county, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 4310 of the Code of Georgia. Violation how punished. 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 13, 1883. Page 545 TO MAKE HUNTING ON UNENCLOSED LANDS IN CHATHAM COUNTY UNLAWFUL UNDER CERTAIN CIRCUMSTANCES. No. 230. An Act to make it illegal to hunt with dogs or fire-arms, or implements of any kind, on unenclosed lands, after being forbidden to do so, in the county of Chatham; to provide a penalty therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for any person to hunt with dogs or firearms, or implements of any kind, in or through or on any unenclosed lands in the county of Chatham, after being forbidden to do so by the owner or person having the same in charge, and for every violation of this Act the person offending shall be guilty of a misdemeanor, and shall be fined or imprisoned, or both, at the discretion of the court; the fine not to exceed fifty dollars, and the imprisonment not to exceed thirty days for each offense. Posting a card at two or more places on unenclosed land, and at the door of the court-house, forbidding all persons to enter upon and hunting thereon, shall be held a legal notice or prohibition under this section. Hunting on unenclosed land when forbidden unlawful. Penalty for violation. Sec. II. And be it further enacted , That no conviction shall be had under this Act without proof of actual knowledge on the part of the accused that he was a trespasser. Actual notice essential to conviction. 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 18, 1883. TO PROHIBIT FISHING, ETC., IN THE CONNASAUGA RIVER AND ITS TRIBUTARIES, IN MURRAY COUNTY. No. 317. An Act to prohibit seining or catching fish in the Connasauga river or its tributaries in any other way than by hook and line, in the county of Murray, and to provide proper penalties for violation 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 from and after the passage of this Act, it shall not be lawful for any person or persons to catch or entrap fish with any seine, gillnet, castnet or in any other way except by hook and line, in the Connasauga river or its tributaries, in Murray county; and any person or persons violating the provisions of this Act shall be deemed guilty of a Page 546 misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Unlawful except with hook and line. Connasauga and tributaries. 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 25, 1883. TO PROHIBIT THE CATCHING OF FISH, EXCEPT BY HOOK AND LINE, IN THE WATERS OF EMANUEL COUNTY. No. 360. An Act to prohibit any person or persons from seining, boating, netting or catching fish in any way, except with hooks and lines, in any of the streams in Emanuel 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, it shall not be lawful for any person or persons to catch or entrap fish with any traps, seines, bag-net, boating, or any other contrivance or device out of the waters of any branch, creek or river in the county of Emanuel, except with a hook and line or set-line, with the exception of mill ponds and lakes, 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 Code of Georgia of 1882. Unlawful to catch fish except with hook and line in Emanuel county. How punished. 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 26, 1883. Page 547 TITLE V. LIQUORS. ACTS. Local option Act for Monroe county. Local option Act for Decatur county. Sale of liquors in vicinity of Damascus Church, in Early county. Liquor license in Washington county. Local option Act for Clayton county. Liquor license in Clinch county. Liquor license in Ware county. Local option Act for Terrell county. Liquor license at Spring Place. Local option Act for Washington county. Sale of liquors in vicinity of Rehoboth Church, in Wilkes county. Sale of liquors in vicinity of Rocky Mount Methodist Church, Meriwether county. Sale of liquors in Randolph county. Sale of liquors in Warren county. Local option Act for Henry county. Liquor license in Columbia county. Liquor license in Bryan county. Sale of liquors in vicinity of Bethel Missionary Baptist Church, in Meriwether county. Liquor license in Eastman. Local option Act for Worth county amended. Sale of liquors in vicinity of Round Oak Methodist Church, in Jones county. Sale of liquors in vicinity of Grantville. Sale of liquors in vicinity of Methodist church at East Point. Liquor license in Appling county. Liquor license in Coffee county. Local option Act for Hart county. Sale of liquors in Monticello, and in Jasper county. Sale of liquors in Glascock and Paulding counties. Sale of liquors in vicinity of certain churches. Local option Act for Butts county. Local option Act for Coweta county. Local option Act for Mitchell county. Local option Act for Taylor county. Local option Act for Twiggs county. Sale of liquors in vicinity of Mt. Pleasant Methodist Church, in White county. Local option Act for Campbell county. Liquor license in Jones county. Local option Act for Henry county. Local option Act for Pike county. Sale of liquors in vicinity of certain churches. Page 548 Liquor license in Telfair county. Sale of liquor in vicinity of Lawrenceville Cross Roads Academy, in Calhoun county. Sale of liquor in vicinity of certain churches and academies. Local option Act for Morgan county. Sale of liquors in vicinity of Methodist church at Temperance, in Carroll county Local option Act for Murray county. Sale of liquors in vicinity of Andersonville. Local option for Franklin county. Sale of liquors in vicinity of Winston. Sale of liquors in vicinity of New Hope Church, in Madison county. Local option Act for Miller county. Sale of liquors in Rockdale county. Sale of liquors in Dahlonega and vicinity. Liquor license in McVille. Liquor license in Emanuel county. Sale of liquors in vicinity of New Fork and Fork of Broad River Churches, in Madison county. Local option Act for Whitfield county. Local option Act for Thomas and Cobb counties. Local option Act for Meriwether county. Sale of liquors in vicinity of Masonic Academy, in Swainsboro. Sale of liquors in vicinity of Baird's Baptist Church, at Bairdstown. Local option Act for 829th district, G. M., Floyd county. Local option Act for Floyd county. Sale of liquors in Echols county. Liquor license in Berrien county and town of Alapaha. Local option Act for Catoosa county. Liquor license in Greene county. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS AND BIT TERS IN MONROE COUNTY AFTER SUBMITTING THE QUESTION TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 2. An Act to prohibit the sale of alcoholic, spirituous or malt liquorsor intoxicating bitters in the county of Monroe after submitting the same to the qualified voters of said county, to provide a penalty, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an election shall be held in the county of Monroe on Thursday, the twenty-first day of December, 1882, to determine whether intoxicating liquors shall any longer be sold in said county. Electionwhen to be held. Sec. II. Be it further enacted , That the board of commissioners of roads and revenues of said county shall cause to be published once a week for two weeks immediately preceding said election one notice of the same in the newspaper published in said county. Notice of election. 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 inscribed. Page 549 Sec. IV. Be it further enacted , That the qualification of the voters at the 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 board of commissioners of roads and revenues for said county, who shall consolidate the vote and declare the result by publishing the same one time in the newspaper of said county, and said board of commissioners shall have the authority to throw out any illegal votes cast at said election. Qualification of voters. Manner of conducting election. Returnshow made. 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, 1883, and on and after that day it 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 said county of Monroe, and any persons violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as described in section 4310 of the Code of Georgia. Majority may prohibit. When Act to go into effect. Misdemeanor. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent practicing physicians furnishing liquors themselves as medicine to their patients under treatment by them, nor shall this Act prevent any person from selling domestic wine made by himself in said county. Physicians allowed to furnish to patients. Domestic wines excepted. 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 December 5, 1882. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS AND BITTERS IN DECATUR COUNTY. No. 6. An Act to prohibit the sale or disposal of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Decatur, 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 Decatur on the seventeenth day of April, 1883, to determine whether intoxicating liquors shall any longer be sold in said county, and if a majority of the vote shall be cast in favor of the sale of liquor at said election, this election shall be held in the same manner, on the above mentioned day in each year thereafter, until the sale of liquor shall be prohibited. Electionwhen held. Majority to decide. Electionrepeated when. Sec. II. Be it further enacted , That the board of county commissioners of said county shall publish, once a week for four weeks immediately preceding said election, one notice of said election in the newspaper in which the county advertisements are published. Notice of electionhow given. Sec. III. Be it further enacted , That each voter at said election Page 550 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 inscribed. Sec. IV. Be it further enacted , That the qualifications of the voters at said election, and the 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 board of county commissioners of said county, who shall consolidate the vote in the same manner as other elections are consolidated, and declare the result by publishing the same one time in the newspaper of said county. Qualification of voters. Manner of holding election. Resulthow published. 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 May, 1883, and on and after that day it 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 said county of Decatur; and any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished as prescribed in section 4310 of the Code of Georgia. Act to take effect. Violationshow punished. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent practicing 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. Physicians may furnish to patients. 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 December 8, 1882. TO PREVENT THE SALE OF INTOXICATING LIQUORS NEAR DAMASCUS CHURCH, IN EARLY COUNTY, ETC. No. 30. An Act to prevent the sale of intoxicating liquors within five miles of the Damascus Church in the 854th District G. M., in the county of Early, State of Georgia, and to provide a penalty for a violation of the same. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, it shall be unlawful for any person or persons to engage in the sale of intoxicating liquors within five miles of the Damascus Church in the 854th District, G. M., in the county of Early in this State. And any person or persons who shall violate the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in Section 4310 of the Code of Georgia. Sale of prohibited within five miles of Damascus church. Violation ofhow punished. 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 11, 1882. Page 551 TO REPEAL AN ACT FIXING THE RETAIL LIQUOR LICENSE OF WASHINGTON COUNTY AT $20,000. No. 33. An Act to repeal an Act, entitled 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 book regarding the granting of license 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, approved September 9, 1881. Sec. I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that an Act, entitled an Act to 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 license 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, approved September 9, 1881, be, and the same is hereby repealed. Act of Sep. 9, 1881, 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 11, 1882. TO PREVENT THE SALE OF INTOXICATING LIQUORS IN CLAYTON COUNTY, AND FOR OTHER PURPOSES. No. 35. An Act to provide and suppress the sale of intoxicating, spirituous, or malt liquors, wines, beers or cider within the limits of Clayton county, Georgia, after submitting the same to the qualified voters of said county, as herein provided, and to point out the manner in which it may be done. Section I. Be it enacted , That from and after the passage of this Act, it shall be the duty of the ordinary of said county of Clayton and State of Georgia, at any time, upon the petition of ten (10) of the qualified voters of said county, to order an election to be held in the manner, and be governed by the laws now in force for the election of members of the general assembly of this State, notice of which said election shall be published in the newspaper in which the legal advertisements of the county appear, once a week for four weeks before the election; and giving notice that those opposing Page 552 the sale of vinous or spirituous and intoxicating liquors, wine' beer or cider, may write or print on their tickets the words, For Prohibition, and those favoring the sale of vinous or spirituous and intoxicating or malt liquors may write or print on their tickets the words, Against Prohibition. Ordinary to order an election when. Notice ofhow given. Ballotshow inscribed. Sec. II. That the managers of said election which shall be held at all of the voting precincts in said county of Clayton, shall keep or cause to be kept duplicate lists of voters and tally sheets, and shall certify and sign the same, and shall be consolidated as other election returns, one of which shall be forwarded on the day of the election, or as soon thereafter as is practicable, to the Secretary of State, and shall be by him laid before the Governor, and the other shall be filed with the ordinary of said county of Clayton, and if it shall appear to the Governor upon counting and examination of the returns that a majority of the legal votes cast in said election are for prohibition, then he shall issue his proclamation announcing the result of said election, and declaring that the sale or furnishing of vinous or spirituous and intoxicating or malt liquors, wine, beer or cider, within the limits of the said county of Clayton, is strictly prohibited as by the terms of this Act, which shall take effect within said county on a day therein to be named, which shall be not less than thirty (30) nor more than ninety (90) days from the date of said proclamation. Duty of managers. Duplicate lists of voters. Consolidation. Filing. Duty of governor. Prohibitionwhen to take effect. Sec. III. That from and after the day named in the Governor's proclamation on which this Act is to take effect, it shall not be lawful for any person or persons, either by themselves or their agents or employees to sell or furnish, or cause to be sold or furnished either directly or indirectly, either by barter, exchange, or by any device whatever, any spirituous, vinous or malt liquors, wine, beer or cider of an intoxicating nature within the limits of the said county of Clayton and State of Georgia, and therein is included and forbidden the sale or furnishing of any kind of medicated liquors or bitters under the name of bitters or medical tonic of whatever kind or character, all of which is forbidden by this Act. After day named in proclamation sale of illegal. What prohibited. Sec. IV. That from and after the passage and approval of this Act all rights and authority now delegated to the corporate authorities of Jonesborough or of any other town in said county to issue license for the sale of any kind of spirituous or malt liquors as herein provided, is suspended and repealed until such time as the qualified voters shall have passed upon it as herein provided, and if by the submission a majority of the legal voters shall vote for Prohibition, then all authority to issue license is hereby repealed. Right of corporators to license suspended. Right to grant license when repealed. Sec. V. Be it further enacted , That any person or persons who shall be guilty of a violation of this Act, or of any section or portion thereof, shall be held and deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Violations ofhow punishable. Sec. VI. And be it further enacted , That from and after the passage of this Act, it shall be the duty of the ordinary of said county to refuse to issue license to any person in said county to sell or furnish spirituous or malt liquors as contemplated by this Act, and this Page 553 section applies to the whole county, incorporated towns included; provided , the ordinary shall always act upon the recommendation of any grand jury of any regular term of the court, which recommendation shall be mandatory and not merely advisory. Ordinary's duties. Power of grand jury. 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 December 11, 1882. TO AMEND AN ACT TO FIX THE AMOUNT OF LICENSE FOR SELLING INTOXICATING LIQUORS, ETC., IN CLINCH COUNTY. No. 42. An Act to amend an Act fixing the license fee for the selling of spirituous, intoxicating and malt liquors in the county of Clinch at fifteen hundred dollars, and for other purposes, by increasing the amount of said license to ten thousand dollars. Section I. The General Assembly of the State of Georgia do enact , That an Act fixing the license fee for the selling of spirituous, intoxicating and malt liquors in the county of Clinch at fifteen hundred dollars, and for other purposes, approved August 31, 1881, be, and the same is hereby so amended as to increase the amount of said license fee to ten thousand dollars. License fee fixed at $10,000. 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 December 12, 1882. TO FIX THE LICENSE FEE FOR RETAILING INTOXICATING LIQUORS IN WARE COUNTY. No. 44. An Act fixing the license fee for retailing or vending spirituous, intoxicating or malt liquors in Ware county, at ten thousand dollars, and to provide a penalty for the violation of the same. 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 license fee for obtaining license for retailing or vending spirituous, intoxicating or malt liquors in Ware county, in said State, shall be ten thousand 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 fees increased to $10,000. Page 554 Sec. II. Be it further enacted by the authority aforesaid , That the term spirituous, intoxicating or 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. Definition of terms used. 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 on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Violationhow punished. Sec. IV. Be it further enacted by the authority aforesaid , That any person who shall barter, exchange, furnish or supply spirituous, intoxicating or malt liquors in said county, for a valuable consideration, either directly or indirectly, shall be deemed and held as conniving with the provisions of this Act, and guilty of a violation of the same. Who shall come under provisions of this Act. Sec. V. Be it further enacted by the authority aforesaid , That nothing in this Act contained shall be so construed as to affect any license legally granted under existing laws prior to the passage of this Act. Existing licenses not affected. 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 December 12, 1882. TO SUBMIT TO THE VOTERS OF TERRELL COUNTY THE QUESTION OF GRANTING LICENSE TO SELL INTOXICATING LIQUORS, ETC. No. 48. An Act to submit to the voters of Terrell county the question of granting license to sell spirituous, vinous, malt or intoxicating liquors of any kind, and in any quantity, and to provide for an election to be held to determine the same, and to provide a penalty for violating the same. 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 Terrell, State of Georgia, be authorized and directed to order an election by the qualified voters of said county of Terrell, as soon as practicable after the passage of this Act, giving thirty days' notice in the gazette in which the sheriff's advertisements of said county are published, to determine the question of granting license to sell spirituous, vinous, malt or intoxicating liquors of any kind and in any quantity, in said county of Terrell. Ordinary to order election. Notice of electionhow given. Sec. II. Be it further enacted by the authority aforesaid , That in the election to be held, as prescribed in the forgoing section, tickets shall be voted having on them the words license, or no license, and if there be a majority of said voters in favor of no license, Page 555 then the ordinary of said county of Terrell shall issue his order prohibiting the granting and issuing of license to any one to sell any intoxicating liquors of any kind in the county of Terrell, except for medical purposes, and then only upon a certificate of a regular practicing physician in good standing in the county, or for sacramental purposes. Ticketshow inscribed. Majority shall determine. 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 elections shall be held as elections for members of the General Assembly are held. Who may vote. Sec. IV. Be it further enacted by the authority aforesaid , That any person violating this Act shall be punished, upon conviction, as prescribed by section 4310 of the Code of Georgia. Violations of Acthow punished. 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 December 12, 1882. TO AMEND AN ACT RELATING TO THE POWER OF TOWN COMMISSIONERS OF SPRING PLACE, IN MURRAY COUNTY, TO ISSUE LICENSE FOR THE RETAIL OF INTOXICATING LIQUORS. No. 50. An Act to amend an Act entitled an Act to authorize the town commissioners of the town of Spring Place, Murray county, to issue license for the retail of ardent spirits and for other purposes, approved March 20, 1869. Section I. Be it enacted by the General Assembly of the State of Georgia , That the second section of the above recited Act which provides that the license fee for retailing spirituous liquors shall be fifty dollars in the county of Murray, be amended by striking out the words fifty dollars and inserting in lieu thereof the words five hundred dollars, so that said section when amended will read as follows: Fee increased to $500. Be it further enacted , That such applicant before receiving said license shall take the oath required of retailers, and shall pay to the treasurer of said town commissioners the sum of five hundred dollars for a license to retail for twelve months. Retailer to take oath and pay for. 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 12, 1882. Page 556 TO SUBMIT THE QUESTION OF SELLING INTOXICATING LIQUORS TO THE VOTERS OF WASHINGTON COUNTY. No. 53. An Act to prohibit the sale of intoxicating liquors in the county of Washington, by submitting the question to the qualified voters of said county, 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 liquors as are mentioned in the sixth section of this Act shall be sold or bartered in the county of Washington, shall be submitted to the decision of the qualified voters of said county upon regulations hereinafter set forth. Qualified voters to decide. Sec. II. Be it further enacted , That the election to determine the question as indicated in the first section of this Act shall be held on the fourth Wednesday in June, 1883; and the ordinary shall give at least four weeks' notice of the same in the public gazettes of the county. Electionwhen held. Notice of by ordinary. Sec. III. Be it further enacted , That said election shall be held in the same manner and under the same regulations as are now provided by law for holding elections for members of the General Assembly, except as otherwise provided in this Act, and all persons qualified to vote for members of the General Assembly are hereby constituted electors at said election. Electionshow held. Sec. IV. Be it further enacted , That those persons who are against the sale of the articles mentioned in the sixth section of this Act shall have written or printed on their tickets Against whisky, and those who favor the sale of the articles in said section shall have written or printed on their tickets, For whisky. Ballotshow inscribed. Sec. V. 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 deliver the same in the usual form to the ordinary of said county on the day following the election; when said ordinary shall carefully consolidate said returns; and if a majority of the votes at said election shall be against whisky, said ordinary shall publish the result in the gazettes of the county. Managersduty of. Result to be published. Sec. VI. Be it further enacted , That on and after the publication of the result of said election, it shall not be lawful for any person or persons to sell or barter either directly or indirectly, or furnish at their place of business or other public place, by any device whatever, any alcoholic, spirituous, intoxicating or malt liquors, or intoxicating bitters, in any incorporated village, town, city or other place in the limits of Washington county, under penalties hereinafter prescribed. Unlawful to sell or furnish after publication. Sec. VII. Be it further enacted , That nothing in this Act shall Page 557 be so construed as to prevent the manufacture and sale of domestic wines or cider, or to prevent the sale of pure commercial wines for sacramental purposes only, nor shall anything be so construed as to prevent physicians in the regular practice from furnishing spirituous liquors to his own patients when necessary in cases of actual sickness. Domestic wines and cider excepted. Physicians may furnish patients with. Sec. VIII. Be it further enacted , That section 4570 of the Code of 1882 in regard to prohibiting the sale of spirituous liquors on election days, shall apply to the election held under this Act. Section 4570 made to apply to elections under this Act. Sec. IX Be it further enacted , That any person violating any one or more of the provisions of this Act shall be punished as prescribed in section 4310 of the Code of 1882; provided that this Act shall not apply to persons having vested rights. Violationshow punished. 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 December 12, 1882. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS AT AND WITHIN A RADIUS OF THREE MILES OF REHOBOTH CHURCH, IN WILKES COUNTY. No. 55. An Act to prohibit the sale of intoxicating liquors at Rehoboth Church, in Wilkes county, Georgia, and within a radius of three miles of said church. 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 Rehoboth church in Wilkes county, Georgia, and within a radius of three (3) miles of said church. Prohibited at and within a radius of three miles of Rehoboth church. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act as contained in the first (1) 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 1882. Offendershow punished 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 12, 1882. Page 558 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF THE METHODIST CHURCH AT ROCKY MOUNT, IN MERIWETHER COUNTY. No. 56. An Act to prohibit the sale of spirituous, malt, vinous or intoxicating liquors within three miles of the Methodist church at Rocky Mount, Meriwether county, Ga., and provide a penalty for the violation of this Act. 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 or barter, either directly or indirectly, spirituous, malt, vinous or intoxicating liquors within three miles of the Methodist church at Rocky Mount, Meriwether county, Georgia; provided , that the foregoing shall not affect the right of any one to sell under license already secured. What prohibited. Where prohibited. Vested rights secure. Sec. II. Be it further enacted by the authority aforesaid , That if any person shall violate 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 1882. Violationshow punished. 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 12, 1882. TO PROHIBIT THE SALE OF SPIRITUOUS LIQUORS IN RANDOLPH COUNTY, EXCEPT AS HEREIN ALLOWED. No. 57. An Act to prohibit the sale of spirituous liquors in the county of Randolph, in any quantity, except as herein allowed. Section I. Be it enacted by the General Assembly of the State of Georgia , That henceforth it shall be unlawful to sell in the county of Randolph, in said State, any spirituous liquors, except as hereinafter allowed. Sec. II. Be it further enacted , That any person may make written application to the ordinary of said county for a license to sell such liquors exclusively for medicinal purposes, filing with his application his affidavit that, if so licensed, he will, in good faith, sell only for medicinal purposes, and to those persons only whom he conscientiously believes to buy only for such purposes, and only upon the written prescription of some regular practicing resident physician, and that he will not allow it to be drank on his premises; and he Page 559 shall also give bond, with security, payable to the ordinary, in the penalty of one thousand dollars, conditioned for faithful compliance with the terms of his license, and of his said affidavit; upon which application, affidavit and bond being filed with the ordinary, and upon the payment of a license fee of twenty-five dollars, the ordinary shall issue to the applicant a license to sell such liquors at some one specified place in said county, and for exclusively medicinal purposes, for one year from date of license; provided , that if the ordinary has reason, from the character of the applicant or otherwise, to make such investigation, he may postpone such application till his next regular court day, and give notice by one publication in the paper publishing sheriff's sales, for all who desire to dispute the fitness of the applicant, to come forward and do so; and if at such court he shall, upon objection made, be convinced that the applicant is not a person of such moral character as fits him to be entrusted with such power, he may refuse to license, his decision being subject to appeal. Sold only for medicinal purposes. Licensehow granted. Bond by applicant. License fee. Inquiry into character of applicant. Notice to the public of inquiry. May refuse license. Sec. III. Be it further enacted , That wine manufactured in said county from fruit grown therein may be sold in quantities not less than one gallon; but if the seller shall allow it to be drank on his premises, he shall be subject to the penalties prescribed in section 4310 of the Code of Georgia of 1873. Domestic wines in certain quantities excepted. Sec. IV. Be it further enacted , That any person who shall sell any liquor contrary to this Act, or, being licensed as above, shall violate any of the terms of said license, or of his said affidavit, shall, on conviction, forfeit his license and be punished as provided in the above recited section, 4310, of the Code; and his bond may also be forfeited by scire facias in the name of the ordinary, the proceeds to go to the county for educational purposes. Violatorshow punished. 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 December 12, 1882. TO PROHIBIT THE SALE OR FURNISHING INTOXICATING LIQUORS IN WARREN COUNTY. No. 58. An Act to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren, 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 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, any spirituous, malt or other intoxicating liquors within the limits of the county of Warren; provided , that the provisions of this Act shall not take effect in the 159th Page 560 district, G. M., of said county until the same shall be ratified by a majority of the legal voters of said district at an election to be held in said district at the usual voting precinct therein, which election may be ordered by the ordinary of said county on the petition in writing of five citizens of said district, and shall be advertised at three or more public places in said district for thirty days before the same takes place. When said election has been ordered and advertised as hereinafter provided, the same shall be conducted according to the same rules and regulations as elections for members of the General Assembly, and the ballots shall have indorsed thereon For Ratification or Against Ratification, and if a majority of the ballots cast at such election shall be For Ratification, it shall be so declared by the managers thereof, and if a majority of the ballots cast at such election shall be Against Ratification, it shall be so declared by the said managers, and the said managers shall make returns of the result of such election to the ordinary of said county. If the result be in favor of ratification, then and from thenceforth the said 159th district shall come under the provisions of this Act, and the said ordinary shall so declare by order to be advertised at three or more public places in said district. Liquor sales, etc., prohibited. 159th district excepted until ratified. Election for decision of question. Notice of. How conducted. Result declared. Prohibition in 159th districtwhen complete. Sec. II. Be it further enacted , That any indirect or evasive practice whereby said prohibited articles are sold or furnished shall be held and deemed a violation of the provisions of this Act. Evasive furnishing a violation of Act. Sec. III. Be it further enacted , That the provisions of this Act shall not apply to practicing physicians in furnishing any of said prohibited articles to patients under their medical treatment, nor to licensed druggists in the preparation of medicine. Physicians excepted. Sec. IV. Be it further enacted, etc. , That any violation of this Act shall be punished as prescribed in section 4310 of the Code. Penalty. 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 December 12, 1882. TO REGULATE THE SALE OF LIQUORS IN HENRY COUNTY. No. 61. An Act to regulate the sale of spirituous, vinous or malt liquors in the county of Henry, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for any person to barter, sell or in any way dispose of any spirituous, vinous or malt liquors for a valuable consideration in the county of Henry, in quantities less than one gallon. Sale of prohibited under one gallon. Sec. II. Be it further enacted by the authority aforesaid , That this Act shall not be construed so as to prevent the sale of wine for sacramental purposes nor of spirituous, vinous or malt liquors as medicine, Page 561 upon the prescription of a physician in regular practice; provided , the same be not drunk in house or place sold. Wine for sacramental purposes excepted. Prescriptions excepted. Sec. III. Be it further enacted by the authority aforesaid , That this Act shall not go into effect until ratified by a majority of the legal voters of said county, and upon the petition of fifty citizens of said county, the ordinary shall order an election to be held at such places and under such regulations as prescribed for an election of members to the General Assembly; provided , such an election shall be held on the first Wednesday in August in any year, and such election shall be advertised by the ordinary of said county (at the expense of the county) at each legal voting precinct, and in the county papers at least thirty days prior to such an election. Ratification required. Electionhow ordered and held. When held. Sec. IV. Be it further enacted by the authority aforesaid , That the question at such election shall be ratification, or no ratification, and after the election held the ordinary shall inspect the returns, and if there be a majority of all the votes cast for ratification the ordinary shall declare the result, and advertise the same at the court-house door of said county for ten days, at the expiration of which ten days this Act shall be of force; provided , no vested rights are affected by the operation of this Act. Ordinary to inspect returns When to declare result. Vested rights secure. Sec. V. Be it further enacted by the authority aforesaid , That any person violating the first section of this Act shall be guilty of a misdemeanor, and on conviction, shall be punished as prescribed in section 4310 of the Code. Violation of Act punished. 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 December 12, 1882. TO FIX THE LIQUOR LICENSE FOR COLUMBIA COUNTY, ETC. No 62. An Act to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Columbia, in this State, and to prescribe a punishment for a violation 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 sell or vend spirituous liquors in any quantity, in the county of Columbia, in this State, shall be one hundred dollars. Amount of license. Sec. II. Be it enacted by the authority aforesaid , That the issuing of liquor license shall be vested with the ordinary of the county of Columbia, and that the said ordinary 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 Page 562 have paid into the county treasury the said license fee of one hundred dollars, and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors. Orninary to issue license. Fee first paid. Bond signed. Sec. III. Be it further enacted , 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. How punished. 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 December 12, 1882. TO FIX THE LICENSE FEE FOR SELLING INTOXICATING LIQUORS IN BRYAN COUNTY. No. 70. An Act to fix the amount of license at five thousand dollars for selling or vending spirituous, intoxicating or malt liquors in the county of Bryan, and to prescribe a punishment for a violation of the provisions of this Act, and to repeal all laws militating against this Act. 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 annual license fee to sell or vend spirituous, intoxicating or malt liquors in any quantity in the county of Bryan, shall be five thousand dollars. Amount of license. 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. Violationshow punished. Sec. III. 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 December 12, 1882. Page 563 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF BETHEL BAPTIST CHURCH IN MERIWETHER COUNTY. No. 73. An Act to prohibit the sale of spirituous, malt, vinous or intoxicating liquors, within three miles of Bethel Missionary Baptist Church, near Rocky Mount, Meriwether county, and provide a penalty for a violation of the Act. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same , That from and after the passage of this Act, it shall not be lawful for any person to sell or barter, either directly or indirectly, spirituous, malt, vinous or intoxicating liquors within three miles of Bethel Missionary Baptist Church, near Rocky Mount, Meriwether county, in this State. Provided , that the foregoing shall not affect the right of any one to sell under license already secured. Within 3 miles of Bethel church, Meriwether county: Vested rights secure. Sec. II. Be it further enacted by the authority aforesaid , That if any person shall violate 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 1882. Violations how punished. 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 12, 1882. TO REPEAL AN ACT TO PRESCRIBE THE METHOD OF GRANTING LICENSE TO SELL INTOXICATING LIQUOR IN THE TOWN OF EASTMAN AND COUNTY OF DODGE, ETC. No. 74. An Act to repeal an Act, entitled an Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the town of Eastman and in 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. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the following Act, approved Oct. 3, 1879, to-wit: An Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the town of Eastman, and in the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the Page 564 requirements of this Act, and for other purposes, be, and the same is hereby repealed. Act of Oct. 3d, 1879, 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 12, 1882. TO AMEND AN ACT IN RELATION TO THE SALE OF INTOXICATING LIQUORS IN WORTH COUNTY. No. 75. An Act to amend an Act entitled an Act to order an election to determine if the sale of intoxicating liquors, malt drinks, or intoxicating spirits of any kind shall be prohibited in the county of Worth, State of Georgia, by adding a fifth section to said Act prescribing a penalty for the violation of the same. 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 Act be amended by adding a fifth section to said Act as follows, to-wit: any person violating said Act shall be held and considered guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section forty-three hundred and ten (4310) of the Code of 1882. Prescribing the offense and 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 December 12, 1882. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN TWO MILES OF ROUND OAK METHODIST CHURCH IN JONES COUNTY. No. 97. An Act to prohibit the sale of malt, spirituous or intoxicating liquors within two miles of Round Oak Methodist church, located in Jones county, 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 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 two miles of Round Oak Methodist church, in Jones county, State of Georgia. Prohibited within two miles of Round Oak church, Jones county. Sec. II. Be it further enacted , That any person violating the Page 565 provisions of this Act shall be deemed guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. 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 16, 1883. TO PROHIBIT SALE OF INTOXICATING LIQUORS IN THE TOWN OF GRANTVILLE, AND WITHIN THREE MILES THEREOF, ETC. No. 108. An Act to prohibit the sale of spirituous, malt, vinous or other intoxicating liquors within the town of Grantville and within three miles of the corporate limits of 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, barter or exchange any spirituous, malt, vinous or other intoxicating liquors within the town of Grantville and within three miles of the corporate limits of the same. Sale, barter or exchange prohibited. Within what area. 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 1882. Violationshow punished. Sec. III. Be it further enacted, etc. , That nothing in this Act shall be so construed as to prevent the manufacture and sale of domestic wines or cider, or to prevent the sale of wines for sacramental purposes only, nor shall anything be so construed as to prevent a physician in the regular practice from furnishing spirituous liquors to his own patients when necessary in cases of actual sickness. Exceptions. 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 28, 1883. Page 566 TO PROHIBIT THE SALE OF INTOXICATING DRINKS WITHIN TWO MILES OF THE M. E. CHURCH, SOUTH, IN EAST POINT, FULTON COUNTY. No. 121. An Act to prohibit the sale of intoxicating drinks of either malt or spirituous liquors in any quantity whatever within two miles of the Methodist Episcopal Church, South, at East Point, in Fulton 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 two miles of the Methodist Episcopal Church, South, at East Point, in Fulton county, any intoxicating drinks of malt or spirituous liquors, in any quantity whatever. Where prohibited. What 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 for each offense shall be punished as prescribed by section 4310 of the Code of Georgia of 1882; 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. Offendershow punished. Vested rights secured. 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 4, 1883. TO FIX THE LICENSE FEE FOR THE SALE OF INTOXICATING LIQUORS IN APPLING COUNTY. No. 126. An Act to fix and regulate the license fee for the sale of spirituous, malt or any intoxicating liquors in the county of Appling, in this State, at ten thousand dollars per annum, and to prescribe a penalty for a violation 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 from and after the passage of this Act, the license fee for selling spirituous, malt or any intoxicating liquors, or bitters, in the county of Appling, or in the incorporated towns or villages in said county, be, and the same is hereby fixed and regulated at ten thousand dollars per annum. Amount of license. Sec. II. Be it further enacted, etc. , That before any license shall Page 567 issue to sell any of the liquors enumerated in the foregoing section of this Act, the person or persons applying therefor shall first pay to the ordinary of said county said ten thousand dollars in good and lawful United States currency, and if license is issued to any person upon any other conditions, the same is hereby declared void. License for must be paid in advance. Sec. III. Be it further enacted, etc. , That any person violating the provisions of this Act shall be adjudged guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Violations punished. 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 26, 1883. TO AMEND AN ACT FIXING THE LICENSE FEE FOR VENDING INTOXICATING LIQUORS IN THE COUNTIES OF WAYNE, LIBERTY, COFFEE AND APPLING, AND FOR OTHER PURPOSES. No. 128. An Act to amend an Act entitled 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 in so far as the same relates to the county of Coffee. Section I. Be it enacted by the Senate and House of Representatives , That from and after the passage of this Act, an Act entitled 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, shall be amended by striking out of the sixth line in the second section of said Act the word one, and inserting in lieu thereof, the word ten, so as said section after amended will read as follows: That the county authorities in the counties of Wayne, Liberty, Coffee and Appling shall not issue license to any person to sell spirituous, intoxicating or malt liquors in any quantity in either of the counties aforesaid until the party applying therefor shall have paid into the county treasury the said license fee of ten thousand dollars, and shall have given bond and taken the oath now required by law for retailers of spirituous liquors. Shall pay $10,000. Shall give bond. Shall take oath. Sec. II. Be it further enacted by the authority aforesaid , That the foregoing amendment shall only apply to the county of Coffee in said Act. Applicable. to Coffee county, alone. 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 4, 1883. Page 568 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS AND BITTERS IN THE COUNTY OF HART. No. 131. An Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Hart, 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 Hart on the first Saturday in November, 1883, to determine whether intoxicating liquors shall any longer be sold in said county. Sale of settled by vote. 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 newspaper published in said county. Notice of election. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot the words for prohibition, or the words against prohibition. Ballotshow in scribed Sec. IV. Be it further enacted , That the qualification 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 newspaper of said county. Who may vote. Returnshow made. Sec. V. Be it further enacted , That should a majority of the votes cast at said election have upon them the words for prohibition, then and in that event the provisions of this Act shall go into effect within thirty days of said election, the day to be designated by the ordinary in his publication of the result, and on and after the day so designated by the ordinary 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 Hart, 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; provided , that the provisions of this Act shall not affect the rights of persons who have already taken out license to retail spirituous liquors until the expiration of such license. Actwhen to go into effect, etc. Misdemeanor. How punished. Vested rights secure. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent practicing physicians furnishing liquors themselves to their patients under treatment by them, or the sale of domestic wines in quantities not less than one quart, or for sacramental purposes. Exceptions. 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 4, 1883. Page 569 TO REGULATE THE SALE OF INTOXICATING LIQUORS IN THE TOWN OF MONTICELLO, AND COUNTY OF JASPER. No. 132. An Act to make it unlawful for any person or persons to wholesale, retail or barter, either directly or indirectly, any spirituous, malt or intoxicating liquors within the incorporate limits of the town of Monticello, in Jasper county, and within the limits of said county of Jasper, without complying with the conditions therein named, and to provide a penalty for a violation of the same. Section. I. The General Assembly enacts , That from and after the passage of this Act, it shall be unlawful for any person or persons to wholesale, retail or barter, either directly or indirectly, any spirituous, malt or intoxicating liquors within the incorporate limits of the town of Monticello, in Jasper county, without first procuring the consent in writing, of three-fourths of the actual resident free-holders within the limits of said town, and who shall have been bona fide , dwelling on their freeholders in said town continuously for six months prior to the time of signing their consent, and shall, in addition thereto, pay to the mayor and council, for the use of said town, the sum of five thousand dollars. Sale of in Monticellowhat required. Amount of license fee. Sec. II. Be it further enacted , That it shall be unlawful for any person or persons to wholesale, retail or barter, either directly or indirectly, any spirituous, malt or intoxicating liquors within the limits of said county of Jasper, without first procuring the consent in writing of three-fourths of the actual resident freeholders within five miles of the place where said liquors are proposed to be sold, and who are bona fide , dwelling thereon, and shall have been for six months continuously prior to the time of signing their consent, and shall, in addition thereto, pay to the ordinary, or commissioners of roads and revenues, for the use of said county, the sum of five thousand dollars. Sale of in countywhat required. Amount of license fee. Sec. III. And it is further enacted , That if any person or persons shall be guilty of violating this Act, they shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for each and every violation, be punished as prescribed in section 4310 of the Code of this State. Offendershow punished. Sec. IV. 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 4, 1883. Page 570 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTIES OF GLASCOCK AND PAULDING, Etc. No. 138. An Act to prohibit the sale of spirituous, malt or other intoxicating liquors in the counties of Glascock and Paulding, in this State, 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 from and after the passage of this Act, the sale of spirituous, malt or other intoxicating liquors in the counties of Glascock and Paulding, shall be prohibited. Prohibited after passage of Act. 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 Code of Georgia. Violationshow punished. Sec. III. Be it further enacted , That the provisions of this Act shall not apply to any person or persons who have procured license from the proper authorities until the same shall have expired. Vested rights secured. 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, including the law passed at the present session, and approved July 28th, 1883, giving the corporate authorities of the town of Dallas, in the county of Paulding, the power to regulate the sale of intoxicating liquors within the corporate limits of said town. Approved September 5, 1883. Page 571 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN CERTAIN LOCALITIES MENTIONED IN THE ACT. No. 147. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within one mile from the Baptist church in the town of Big Shanty, in Cobb county; the sale or furnishing intoxicating liquors or drinks, in any quantity, within three miles of the Porter Manufacturing Company's works, in Habersham county; the sale of spirituous, malt, vinous or intoxicating liquors within three miles of Friendship Missionary Baptist Church, in the middle ninth district, and of Ebenezer Methodist Church, in the 1213th district, both of Meriwether county; and of County Line and Weston Churches, in the county of Heard, and Canaan and Midway Churches, in the county of Troup; and of spirituous or malt liquors within three miles of Bush Arbor Baptish Church, the Vann's Valley Methodist Church, the Livingston Methodist Church and the Mountain Springs Methodist Church, located in Floyd county; and of Rehoboth Baptist Church, on the line of Terrell and Randolph counties, of this State; to provide a penalty for a violation of the provisions of this Act, 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 the ordinary of the county of Cobb, nor for any other officer to whom the law may have delegated the power of issuing license for the purpose of selling spirituous liquors, to issue license to any person to sell spirituous, malt or intoxicating liquors of any kind, in any quantity whatever, within one mile, in any direction, from the Baptist church in the town of Big Shanty, in Cobb county. Church in Cobb county. Sec. II. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, no person shall be permitted to sell or furnish to another or others, in any quantity whatever, any intoxicating liquors or drinks within three miles of the Porter Manufacturing Company's factory building, in Habersham county; provided , that if the limits herein prescribed shall come within the corporate limits of the town of Clarksville, this Act shall not be operative within said corporate limits. Three miles of Porter's manufactory. Proviso Sec. III. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, it shall not be lawful for any person or persons to sell, directly or indirectly, any spirituous, malt, vinous or intoxicating liquors within three miles of Friendship Missionary Baptist Church, in middle ninth district, and of Ebenezer Methodist Church, in the 1213th district, G. M., of Meriwether county, and of County Line and Weston Churches, in the county of Heard, and of Canaan and Midway Churches, in the county of Troup. Churches in Merriwether county. Churches in Heard county. Sec. IV. Be it further enacted by the authority aforesaid , That from Page 572 and after the passage of this Act, it shall not be lawful for any person to sell spirituous or malt liquors within three miles of Bush Arbor Baptist Church, Vann's Valley Methodist Church, the Livingston Methodist Church, and Mountain Springs Methodist, located in the county of Floyd, and of Rehoboth Baptist Church, situated on the line of Terrell and Randolph counties. Churches in Floyd county. Church on line of Terrell and Randolph. Sec. V. Be it further enacted by the authority aforesaid , That any person who may violate 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 Georgia; provided , the provisions of this section shall not apply to any party or parties who may have obtained license to sell liquors before the passage of this Act, till after the expiration of the time for which such party or parties were licensed. Violationshow punished. Vested rights not disturbed. 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 8, 1883. TO SUBMIT THE QUESTION OF SELLING INTOXICATING LIQUORS IN BUTTS COUNTY TO THE LEGAL VOTERS OF SAID COUNTY. No. 152. An Act to submit to the legal voters of Butts county the question of prohibiting the sale of spirituous, vinous or malt liquors in said county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That for the purpose of ascertaining the will of the people of the county of Butts as to whether or not spirituous, vinous or malt liquors shall be sold, bartered or in any manner disposed of except as hereinafter provided within said county, the ordinary of said county shall name a day, distant not less [Illegible Text] days nor more than ninety days from and after the passage of this Act, at which an election shall be held at the election precincts of said county to determine said question. Electionhow ordered. Sec. II. Be it further enacted , 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. Electionhow held. Who may vote. Sec. III. Be it further enacted , That notice of said election shall be advertised once a week for four weeks in all newspapers published in said county, and also by posting the same at all the precincts where said election is to be held in said county. Notice of election. Sec. IV. Be it further enacted , Those who favor the prohibition of the sale of spirituous liquors, as indicated in the first section of this Page 573 Act, shall have written or printed on their ballots For Prohibition, and those who oppose such restriction shall have written or printed on their ballots Against Prohibition. Ballotshow inscribed. Sec. V. 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 shall sign and certify the same, and shall transmit or deliver the same through one of their members to the ordinary of said county on the day of election, or as soon thereafter as 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 officially and proclaim said result by publication in all the newspapers of said county once a week for two weeks, naming in said proclamation a day, distant not more than fifteen days, after which the provisions of this Act shall take effect Should the result of said vote be against prohibition, then the publication shall be for one week. Managerstheir duties. Result proclaimed Time of prohibition to be proclaimed. Sec. VI. Be it further enacted , That should the result of said election be in favor of prohibition, where 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 to sell, barter, vend, give away or dispose of at his place of business or other public place, by any device whatever for a valuable consideration or otherwise, any spirituous, vinous, malt or other intoxicating liquors or drinks, or any medicated bitters, or fruits in alcohol that will produce intoxication, except as hereinafter provided; provided , nevertheless, that the vested rights of persons holding license to sell the above shall protect them from the operation of this section for the period that their license is granted. Unlawful to dispose of. Vested rights not to be disturbed. Sec. VII. Be it further enacted , That in the event the result of said vote is in favor of prohibition, the ordinance of said county, upon the petition of twenty-five freeholders of the militia districts where liquors are desired to be sold, may appoint not more than four druggists, apothecaries or physicians, no two of whom shall sell in the same militia district, who, upon subscribing an oath and giving bond with good security, in the sum of five hundred dollars, to comply with provisions of this Act, may be authorized to keep and sell wine for sacramental purposes, and alcoholic or any other vinous, malt or spirituous liquors for medicinal and chemical purposes; provided , said authorized druggists, apothecaries and physicians shall first obtain a certificate from a physician who is authorized to practice under the laws of this State, and who is actually in the practice of his profession, certifying that said liquors are absolutely necessary for the relief of disease, and if a chemist, that said alcoholic liquors are essential in the practice of his profession, and the above named druggists, apothecaries, physicians, shall be required to keep said certificates in his possession for at least two years from the time of receiving the same, and shall be required to deliver said certificates at any time when called on to do so by the courts of this State. Said affidavit and bond shall be recorded by the ordinary and kept in his office, for which his fee shall be one dollar, to be paid by the applicant. Druggists may be licensed to sell. Shall take an oath. Shall give bond. May sell wine for sacrament al purposes, or sell alcohol, etc for medical or chemical uses. Physicians' certificate required. Certificate to be preserved. Affidavit and bondhow recorded. Page 574 Sec. VIII. Be it further enacted , That no druggist, apothecary or physician having license to sell liquors as aforesaid shall allow any person to drink the same at his place of business. Not to be drank where sold. Sec. IX. Be it further enacted , That the provisions of this Act shall not be construed to apply to domestic wines, sold, or offered for sale by the producer; provided , the same is not sold in a saloon or bar-room, or any other regular public place of business, by the drink. Exceptions. Sec. X. Be it further enacted , That this Act shall not be held to repeal any existing laws of any municipality or locality of said county prohibiting the sale of said liquors. Local prohibiting laws not repealed. Sec. XI. Be it further enacted , That any person violating any 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 1882. Violationshow punished. 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 8, 1883. TO PROHIBIT THE SALE INTOXICATING LIQUORS IN COWETA COUNTY. No. 154. An Act to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Coweta, and to provide a penalty for the violation of the same. Section I Be it enacted by the General Assembly of the State of Georgia , That for the purpose of ascertaining the will of the people of the county of Coweta as to whether or not spirituous, vinous, malt or other intoxicating liquors shall be sold, bartered or in any manner disposed of, except as hereinafter provided within said county, the county commissioners of said county shall 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 precints of said county to determine said question. Election provided for. Sec. II. Be it further enacted , 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. Electionhow held. Who may vote. Sec. III. Be it further enacted , That notice of said election shall be advertised at least once a week for four weeks in all the newspapers published in said county, and also by posting the same at three of the most public places in said county. Notice of election. Sec. IV. Be it further enacted , 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, Page 575 and those who oppose such restrictions shall have written or printed on their ballots against prohibition. Ballotshow inscribed. Sec. V. 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 shall sign and certify to the same, and shall transmit or deliver the same through one of their number to the county commissioners of said county on the day of election, or as soon thereafter as practicable, who shall carefully correct and consolidate said returns, and in the event the result of said vote shall be in favor of prohibition, said commissioners shall certify the same officially and proclaim said result by publication in all the newspapers of said county once a week for two weeks, naming in said proclamation a day distant not more than fifteen days after which the provisions of this Act shall take effect; should the result of said vote be against prohibition then the publication shall be for one week. Duty of managers. Result proclaimed. Sec. VI. Be it further enacted , That should the result of said election be in favor of prohibition 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 to sell, barter, vend, give away or dispose of at his place of business or other public place by any device whatever for a valuable consideration or otherwise, any spirituous, vinous, malt or other intoxicating liquors or drinks, or any medicated bitters or fruits in alcohol that will produce intoxication, except as hereinafter provided; provided , nevertheless that the vested rights of persons holding license to sell the above shall protect them from the operation of this section for the period that their license is granted. Prohibition to begin when. Vested rights secure. Sec. VII. Be it further enacted , That in the event the result of said election is in favor of prohibition, the ordinary of said county may appoint not more than three druggists, apothecaries or physicians, no two of whom shall sell in the same militia district, who, upon subscribing to an oath and giving bond with good security in the sum of five hundred dollars to comply with the provisions of this Act, and paying any sum of money that may be required for license by the State, county and municipal authorities, may be authorized to keep and sell wine for sacramental purposes, and alcoholic or any other vinous, malt or spirituous liquors for medicinal, chemical, mechanical or manufacturing purposes in quantities not less than one quart; said affidavit and bond shall be recorded by the ordinary and kept in his office, for which his fee shall be one dollar. Druggists, etc., may be appointed to sell. Must make oath and give bond. May sell what and for wha purposes. Affidavit and bond to be recorded. Sec. VIII. Be it further enacted , That any druggist, apothecary or physician having a license to keep and sell such liquors as are by this Act provided, shall not sell the same to any person, unless the person applying to purchase the same shall make and sign an affidavit that said liquors are needed by the applicant for medicinal, mechanical or chemical purposes, and will not be used as a beverage, which affidavit shall be made before said licensed druggist, apothecary or physician, who is hereby authorized to administer the same. Said affidavit shall be recorded in a book to be kept for that purpose, which book said druggist, apothecary or physician shall on the first day of each term of the superior court lay before the grand Page 576 jury of said county to be examined by them, and if the grand jury shall find that such licensed druggist, apothecary or physician has not conformed to the spirit and intention of this Act, and has sold any of the aforesaid liquors to any person when he had reason to believe that the same was not wanted for medicinal, mechanical or chemical purposes, he shall be indicted for a misdemeanor as prescribed in section fourteen of this Act. Said book of affidavits shall also be open at any time for the inspection of any officer or citizen of said county. Affidavit of purchaser, etc. Affidavit to be recorded. To be laid before grand jury. Druggist, etc., violating how punished. Sec. IX. Be it further enacted , That no druggist, apothecary or physician having license to sell liquors as aforesaid, shall allow any person to drink the same at his place of business, nor shall he sell the same, or allow the same to be sold to a minor, an insane person, or to an intoxicated person, even though they shall make, or offer to make the affidavit as before mentioned; nor shall he sell or allow the same to be sold to any intemperate person of whose intemperate habits he has been notified by the relatives thereof, even though he shall make, or offer to make said affidavit; and should any druggist, apothecary or physician licensed to sell liquors as aforesaid violate the provisions of this Act, said person shall be guilty of a misdemeanor, and on conviction, punished as provided in section fourteen of this Act, and a breach of his bond shall subject such obligor to an action on the same, and the recovery thereon shall be for the whole amount of the bond, to be paid by the ordinary when collected, into the county treasury, and disposed of as the other funds of the county, by order of the county commissioners. Not to be drank where purchased. Not to sell to minors, insane persons or inebriates. A misdemeanor. Breach of bond. Suit on bond. Proceeds of recovery. Sec. X. Be it further enacted , That should the result of said election be against prohibition, the county commissioners of said county shall at any time after the expiration of twelve months from the day of the last election, upon the petition of one hundred freeholders of said county, order another election upon said question as provided in this Act, and should the result of said election or any subsequent election ordered and held as aforesaid, be for prohibition, the provisions of this Act shall be of force thereafter, the same as if the first election had been for prohibition. Another electionwhen held Sec. XI. Be it further enacted , That the provisions of this Act shall not apply to practicing physicians furnishing any of said liquors to their patients in case of actual sickness or medical treatment where said patient is confined to his bed or room, and unable by reason of his illness to obtain it from a licensed dealer as aforesaid. Exceptions. Sec. XII. Be it further enacted , That the provisions of this Act shall not be construed to apply to domestic wines and cider sold or offered for sale by the producer; provided , the same is not sold in a saloon or bar-room, or any other regular public place of business by the drink. Further exceptions. Sec. XIII. Be it further enacted , That this Act shall not be held to repeal any existing laws of any municipality or locality of said county prohibiting the sale of said liquors. Local prohibiting laws not repeated. Sec. XIV. 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 Page 577 in section 4310 of the Code of 1882; provided , nothing in this Act shall be construed to prohibit the sale of spirituous liquors by the distillers thereof in original casks or barrels as gauged by the United States gauger, when the same are sold to licensed druggists, apothecaries or physicians under this Act, or sold and shipped beyond the limits of the county. Offense. Penalty. Exceptions. Sec. XV. 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 8, 1883. TO SUBMIT THE QUESTION OF PROHIBITING THE SALE OF INTOXICATING LIQUORS IN MITCHELL COUNTY TO THE QUALIFIED VOTERS OF SAID COUNTY, Etc. No. 160. An Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters, in the county of Mitchell, of this State, after submitting the same to the qualified voters of said county, and to provide a penalty for a violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an election shall be held in the county of Mitchell on the first Monday in March, 1884, to determine whether intoxicating liquors or bitters shall any longer be sold in the said county. Electionwhen held. Sec. II. Be it further enacted , That the ordinary of said county shall cause to be printed in the newspapers published in said county (if there be any; if not, in the newspaper where the sheriff of said county does his advertising for county purposes) once a week for two weeks, a notice of said election preceding said election. Notice of electionhow given. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot the words Whisky or No Whisky. 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 on the next Tuesday after said election, to the board of commissioners of roads and revenues of said county, who shall then consolidate the vote and declare the result by publishing in the same manner as provided in this Act for notice of said election, except one insertion in the newspaper shall be sufficient; and said board of commissioners of said county shall have authority to throw out illegal votes cast at said election. Qualification of voters. Vote consolidated. Result declared. Sec. V. Be it further enacted , That should a majority of the votes cast at said election have upon them the words No Whisky, then and in that event the provisions of this Act shall go into effect on the first day of May, 1884, and on and after that day it shall not be Page 578 lawful for any person or persons to sell, directly or indirectly, or to furnish in any public place of business, for the purpose of inducing trade, any alcoholic, spirituous or malt liquors or intoxicating bitters, in any quantity, in the said county of Mitchell; and any person or persons violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Majority decides. Violators. Penalty. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent regularly practicing physicians furnishing liquor or intoxicating bitters themselves as medicine to their patients under treatment by them, or other persons from furnishing wine for sacramental purposes; nor shall this Act prevent any person or persons from selling domestic wine made by themselves in said county. Physicians excepted. Domestic wines excepted. Sec VII. Be it further enacted , That section 4570 of the Code of Georgia, in regard to prohibiting the sale of spirituous liquors on election days, shall apply to the election held under the provisions of this Act. Section 4570 of Code applied. Sec. VIII. Be it further enacted , That at the election provided for in this Act, each voter shall be required to vote in the voting precinct in which he resides. Where to vote. 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 12, 1883. TO SUBMIT THE QUESTION OF PROHIBITION OF THE SALE OF INTOXICATING LIQUORS IN TAYLOR COUNTY TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 163. An Act to submit to the legal voters of Taylor 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 question as to the sale and retail of spirituous, vinous, malt or any other intoxicating liquors or bitters that will produce intoxication, or the prohibition of the sale or retail of the same, shall be submitted to a vote of the qualified voters of said Taylor county as soon after the passage of this Act as may be practicable. Submitted to the qualified voters. Sec. II. B it further enacted , That the ordinary of said county shall at an early day as practicable, not later than the first Wednesday in November, 1883, order an election to be held in said county at which election the question or issue of the sale or retail of spirituous, vinous, malt liquors, or any other intoxicating liquors or bitters, or prohibition of the same, shall be submitted to the lawful Page 579 voters in the following manner: voters who desire to prohibit the sale or retail of spirituous, vinous, malt or intoxicating liquors, or any other intoxicating liquors or bitters, shall indorse on their ticket or ballot the words for prohibition, and voters opposed to the prohibition of the sale of said liquors shall indorse on their ticket or ballot the words against prohibition. Election ordered by ordinary. Electionhow held. Sec. III. Be it further enacted , That said ordinary shall give at least twenty days' notice of the election provided for in the preceding section of this Act, by publishing a copy of his order directing said election once a week for three weeks in any newspaper published in said county; he shall have posted written notice of the time and place of said election at each militia district of said county, which shall be posted in some conspicuous place in each of said districts, and he shall also cause to be posted a written notice of said election at the court-house door in said county. Notice of election. Sec. IV. Be it further enacted by the authority aforesaid , That said election shall be held at all the election precincts in said county on the same day, and said election shall be held under the same rules and regulations that are now prescribed by law for elections for members of the General Assembly of said State; the returns of said election shall be made to the board of roads and revenues of said county, and said returns shall within three days after the said election be opened by the chairman of said board, who shall give public notice of the result of said election in any newspaper published in said county. In the absence of the chairman of said board, the clerk of said board shall open said returns and give public notice as provided in this section. Illegal voting at said election shall be punished the same as illegal voting at elections for members of the General Assembly of said State. Where held and under what rules. Resulthow proclaimed. Illegal votinghow punished Sec. V. Be it further enacted by the authority aforesaid , That if a majority of the ballots cast at said election are in favor of the prohibition, for prohibition of the sale of the aforesaid liquors, then it shall not be lawful from and after the publication of the result of said election for any authority, officer, board, council or any person whatsoever, in such county, whether town, city, or municipal corporation whatsoever to grant or issue license for the sale or retail of the aforesaid spirituous, vinous, malt liquors or any other intoxicating liquors or bitters, it being the intention of this Act to prohibit absolutely the granting of any license for the sale of any intoxicating liquors or bitters in said county by any person or authority whatsoever, in the event the qualified voters of said county shall cast a majority of the votes for prohibition at said election; provided , that persons who have applied for and obtained license to retail or sell spirituous liquors in said county shall not be subject to this Act until the license they now have shall have expired, and after the publication of the result of said election, if the same shall be in favor of the prohibition of the sale or retail of said intoxicating liquors, if any person or persons shall be found guilty selling or retailing spirituous or intoxicating liquors or bitters, he or they shall be deemed guilty of retailing spirituous or intoxicating liquors or bitters without a license, and upon conviction shall be punished Page 580 as now provided by law, except that the persons included in the proviso of this section shall not be considered subject to the provisions of this Act until after the expiration of the license they may have applied for and obtained previous to the passage of this Act. Majority shall decide. License to sell not issued if prohibition carries. Vested rights secure. Violations. Sec. VI. Be it further enacted by the authority aforesaid , That if a majority of the votes cast at the election provided for in this Act shall be Against prohibition, the ordinary of said county may, upon recommendation of the grand jury and the petition of one hundred citizens of said county, order another election at which the same issue or question shall be submitted to the qualified voters of said county, that is For prohibition, and Against prohibition. In the event another election shall be ordered for said purpose such election shall be ordered and the notice given in the same manner as hereinbefore provided. The returns of said election shall be made in the same manner and the result proclaimed in the same way as hereinbefore provided. In the event the majority of the votes cast at such second election shall be in favor of the prohibition, For prohibition of the sale of the aforesaid spirituous or intoxicating liquors or bitters, then all the provisions shall become and be of the same force and effect as if a majority of the votes cast at the first election held under this Act had been in favor of prohibition, For prohibition of the sale of intoxicating liquors; provided , a second election shall not be ordered sooner than twelve months after the first election; provided further , that in event a majority of the votes cast at the first election under this Act are For prohibition, then, and in that event, the ordinary shall, upon the recommendation of the grand jury, and the petition of a hundred of the citizens of said county, order a second election at which issue of For prohibition or Against prohibition of the sale or retail of spirituous or intoxicating liquors or bitters, shall be submitted to the qualified voters of said county, and all the subsequent proceedings shall be the same as hereinbefore provided for a second election, and if a majority of the votes cast at such second election shall be Against prohibition, then, and in that event, the town and county authorities may issue license to retail spirituous or intoxicating liquors or bitters, under the rules and regulations prescribed by law. When another election may be held. Same rules to govern in new elections. Second electionwhen ordered and how governed. 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 12, 1883. Page 581 TO REGULATE THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF TWIGGS. No. 166. An Act to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Twiggs, 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 1. 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 or malt liquors of any kind in said county of Twiggs 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 or malt liquors of any kind, until authorized as hereinafter prescribed; provided , that this Act shall not apply to any person or persons holding unexpired licenses for such sale until the expiration of said license. Right to license sale suspended. Vested rights secured. Sec. II. Be it further enacted , That an election shall be held in said county of Twiggs on the tenth day of October, 1883, 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 indorsed For Prohibition or Against Prohibition, and on the day after said election 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 election shall be against prohibition, then the prohibition herein provided for shall cease and be from thenceforth of no effect, and license to retail spirituous liquors shall be issued as heretofore provided by law. Election to decide question provided. If against prohibition license may issue. 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 medicinal purposes only. Exceptions. Sec. IV. Be it further enacted , That 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 Code of 1882. Violationshow punished. Sec. V. 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 12, 1883. Page 582 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN ONE MILE OF MOUNT PLEASANT METHODIST CHURCH, IN WHITE COUNTY, EXCEPT FOR MEDICINAL AND SACRAMENTAL PURPOSES. No. 177. An Act to prohibit the sale or furnishing of intoxicating liquors of any kind in any quantity within one mile of Mount Pleasant Methodist church, in White county, except for medicinal, and wine for sacramental purposes, to provide a penalty for the violation of 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 be unlawful for any person or persons to sell or furnish intoxicating liquors of any kind in any quantity, within one mile of Mount Pleasant Methodist church, in White county, except for medicinal, and wine for sacramental purposes, and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Unlawful to sell or furnish within area mentioned. Exceptions. Violations ofhow punished. 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 13, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF CAMPBELL, GEORGIA. No. 180. An Act to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity in the county of Campbell, in Georgia, and to provide a penalty therefor, and to define the term of intoxicating liquor as used in this Act, the manner and time of its going into effect, and for other purposes. Section I. The General Assembly of this State do enact , 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 liquor in any quantity whatever in the county of Campbell, in Georgia, 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 1882; 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 county, qualified to vote for members of Page 583 the General Assembly of this State, voting at the places provided by law for election of said members. The ordinary of said county upon the petition of at least fifty citizens of said county, and residing therein, shall order an election to be held, not earlier than thirty days thereafter, of which election the ordinary shall give notice in writing at all the election precincts in said county by posting the same, and also publishing notice of the same in the newspaper published in said county, at least twenty days before such election. Such election shall be conducted as elections for Justices of the Peace. The managers of the election of the Fairburn District shall meet one manager of the election of the different precincts at the court-house on the day after the election, and declare in writing the result thereof. Those favoring this Act shall indorse on their ticket, For prohibition, and those opposing this Act shall indorse on their tickets, Against prohibition. If it shall appear to said election managers, upon consolidating said vote on the day after the election, that a majority of the legal votes cast at such election shall be For prohibition, they shall so declare in writing and from that date this Act shall go into effect. But if it shall appear that a majority of such votes cast shall be `Against prohibition, they shall in like manner so declare in writing, and then this Act shall not go into effect. The writing issued by the mana gers of the election shall be handed to the ordinary, and entered by him in his minutes and the ballots and returns handed to the clerk of the superior court to be disposed of, as required by law, for the ballots and returns used in elections for members of the General Assembly, except that no return shall be made to the Governor of the result of the election, nor shall they send any list of voters or tally sheet to the Governor. Violations ofhow punished. Ratification by voters required. Electionwhen ordered. Notice ofhow given. Resulthow declared. Prohibitionwhen to begin. Report of managershow disposed of. Sec. II. Be it further enacted , That the term intoxicating liquors, as used in this Act, is declared to mean and embrace all and every kind of distilled spirits, wine, malt liquors and medicated bitters which, if drank to excess, will produce intoxication. And the term person or persons, shall include druggists as well as other persons. Provided , nothing in this Act shall be construed to prohibit the sale of spirituous liquors by the distiller thereof, in original casks and barrels as gauged by the United States gauger, when the same are sold and shipped beyond the limits of the county. Intoxicating liquors defined. Person or persons defined to embrace druggists. Exception. 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 13, 1883. Page 584 TO PRESCRIBE THE MODE OF LICENSING THE SALE OF INTOXICATING LIQUORS IN JONES COUNTY. No. 202. An Act to prescribe the method of issuing license for the sale of spirituous or intoxicating liquors in the county of Jones, 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 judge of the county court of Jones county, or any other authorities clothed with authority to grant or issue license to sell spirituous or intoxicating liquors, shall not grant or issue any license to any person or persons to sell spirituous or intoxicating liquors in the said county of Jones, unless such person or persons shall file with his application for such license the written consent of three-fifths of the freeholders residing within three miles of the place where such person or persons intend to do business. Three-fifths of freeholders within five miles of place must consent. Sec. II. Be it further enacted , That any person or persons who shall apply for and obtain such license upon representations that he or they have obtained such written consent, when in fact he or they have not done so, shall be deemed guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of Georgia. Misrepresentation as to consenthow punished. Sec. III. And be it further enacted , That any person who shall be guilty of selling spirituous or intoxicating liquors in said county without first procuring a license therefor as required by this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every violation, be punished as is prescribed in section 4310 of the Code of 1882. Selling without licensehow punished. 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 14, 1883. Page 585 TO SUBMIT TO THE QUALIFIED VOTERS OF HENRY COUNTY THE QUESTION OF PROHIBITING THE SALE OF INTOXICATING LIQUORS IN SAID COUNTY. No. 206. An Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, within the limits of Henry county, Georgia; provided , a majority of the qualified voters of said county, voting in an election to be held as herein provided, shall declare against the sale of the same; and to provide penalties for the violation of this Act, 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 from and after the passage of this Act, it shall be the duty of the ordinary of said county of Henry, and State of Georgia, at any time, upon the petition of twenty (20) of the qualified voters of said county, to order an election, to be held in the manner and governed by the laws now of force for the election of members of the General Assembly of this State, notice of which said election shall be published in the newspaper in which the legal advertisements of the county are published, once a week for four (4) weeks, giving notice that those opposing the sale of spirituous or malt liquors, or intoxicating bitters, wines, beers or other intoxicating liquors, may write or print on their tickets the words, For Prohibition, and those favoring the sale of spirituous or malt liquors, intoxicating bitters, wines beers or other intoxicating liquors may write or print on their tickets the words, Against Prohibition. Ordinary, on petition, to declare election. Electionhow held. Notice ofhow given. Ticketshow inscribed. Sec. II. Be it further enacted , That the managers of such election, which shall be held at all the voting precincts in said county of Henry, shall keep or cause to be kept a duplicate list of voters and tally sheets, and shall certify and sign the same, and shall be consolidated as other election returns and filed with the ordinary of said county of Henry, who shall examine and count the votes and declare the result; and if it shall appear to the ordinary, upon the examination of such returns and counting of said votes, that a majority of the legal votes cast in said election are for prohibition, he shall without delay proclaim said result by publication in the newspaper in which the legal advertisements of said county are published, in which proclamation he shall declare that the sale of spirituous or malt liquors or intoxicating bitters, wines, beers, or other intoxicating liquors, within the limits of said county of Henry, is strictly prohibited as by the terms of this Act, which shall take effect in said county in thirty days from the date of said proclamation. Duplicate lists to be kept. Ordinary to count votes and declare result. How published. Where prohibition may begin. Sec. III. Be it further enacted , That from and after the day named in the ordinary's proclamation on which this Act is to take effect, it shall not be lawful for any person or persons, either by themselves Page 586 or their agents or employs, to sell or cause to be sold, either directly or indirectly, by barter or exchange, or by any device whatever, any spirituous or malt liquors or intoxicating bitters, wines, beers or drinks of any description of an intoxicating nature, in any quantity whatever, within the limits of said county of Henry, in the State of Georgia; and herein is included and forbidden the sale of any kind of intoxicating liquors or bitters, under the name of bitters or medical tonic, of whatever kind or character, all of which is forbidden by this Act; provided , that nothing herein contained shall be construed to prohibit the sale of wine for sacramental purposes, or to affect the vested rights of those who now have a license to sell any of said liquors until the expiration of the times for which said license has been issued. Unlawful to sell from the day of proclamation. What prohibited. Exceptions. Sec. IV. Be it further enacted , That from and after the day named in the ordinary's proclamation on which this Act is to take effect, all rights and authority now delegated the corporate authorities of any town or towns in said county of Henry to issue license for the sale of liquors, in any quantity whatever, be, and the same is hereby repealed. Corporate authority to grant license revoked. Sec. V. Be it further enacted , That the ordinary of said county shall order an election as hereinbefore provided at any time upon the petition of twenty (20) of the qualified voters of said county as aforesaid, but elections under this Act shall not occur oftener than once in every six (6) months. Not more than one election in six months. Sec. VI. Be it further enacted , That at said election no person shall be allowed to vote except those that are qualified to vote for members of the General Assembly of this State. Who may vote. Sec. VII. Be it further enacted , That any person who shall be guilty of a violation of this Act, or any portion or section thereof, shall be held and deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Violationshow punished. Sec. VIII. 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 15, 1883. TO SUBMIT THE QUESTION OF SELLING INTOXICATING LIQUORS IN THE COUNTY OF PIKE TO THE VOTERS OF SAID COUNTY. No. 214. An Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Pike, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an election shall be held in the county of Pike on the third Page 587 Wednesday in July, 1884, to determine whether intoxicating liquors or bitters shall any longer be sold in said county. Electionwhen held. Sec. II. Be it further enacted , That the board of commissioners of roads and revenues of said county shall cause to be printed once a week, for two weeks immediately preceding said election, a notice of the same in each of the newspapers published in said county. Notice ofhow published. Sec. III Be it further enacted , That each voter at said election shall have written or printed on his ballot, the words For the sale of liquor, or Against the sale of liquor. Ballotshow inscribed. Sec. IV. Be it further enacted , That the qualification 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 each voter shall be required to cast his vote in his own militia district, and that the returns thereof shall be made on the first Tuesday after said election, to the board of commissioners of roads and revenues for said county, who shall then consolidate the vote, and declare the result by publishing the same in each of the newspapers of said county; and said board of commissioners shall have authority to throw out any illegal votes cast at said election. Qualification of voters. Mode of conducting election. Resu thow ascertained and published. 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 November, 1884, and on and after that day it shall not be lawful for any person or persons to sell directly or indirectly, or to furnish in any public place of business for the purpose of inducing trade, any alcoholic, spirituous or malt liquors, or intoxicating bitters in any quantity, in the said county of Pike, and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. When this Act may go into effect. Violationshow punished. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent regularly practicing physicians from furnishing liquors or intoxicating bitters themselves, as a medicine to their patients, who are under actual treatment of such physician; provided , that nothing in this Act shall be so construed as to prevent any person from selling domestic wines or cider, nor shall anything be so construed as to interfere with vested rights. Exceptions. Physicians. Domestic wines and cider. Sec. VII. Be it further enacted , That section 4570 of the Code of 1882 in regard to prohibiting the sale of spirituous liquors on election days, shall apply to the election held under the provisions of this Act. Sec. VIII. 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 18, 1883. Page 588 PROHIBITING THE SALE OF INTOXICATING LIQUORS WITHIN CERTAIN SPECIFIED LOCALITIES. No. 219. An Act to prohibit the selling, vending and exchanging of any kind of intoxicating liquors in any quantity within two miles of Penticost church, in Jackson county; the sale of spirituous, malt, or any other intoxicating liquors within one and one-half miles of Center church, in Oglethorpe county, and of the Methodist church at Winterville, in Oglethorpe county; the sale of intoxicating liquors within three miles of Bethany church, in the 257th District, G. M., of Jackson county, of Mountain Creek church and Allen Fork church, both in Jackson county, and to provide a penalty for a violation of said Act. 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 vend, sell or exchange any kind of intoxicating liquors, in any quantity, within two miles of Pentecost church, in Jackson county. Places specified. Church in Jackson county. Sec. II. Be it further enacted , That from and after the passage of this Act, it shall not be lawful for any person or persons to sell, in any quantity whatever, any spirituous, malt or any other intoxicating liquors within one and one-half miles in every direction of Center church, and the Methodist church at Winterville, both in the county of Oglethorpe. Churches in Oglethorpe county. Sec. III. Be it further enacted That from and after the passage of this Act, it shall not be lawful for any person or persons to sell intoxicating liquors within three miles of Bethany church, in the 258th District, G. M., of Jackson county, within three miles of Allen Fork church, and Mountain Creek church, in said county of Jackson. Churches in Jackson county. Sec. IV. Be it further enacted , That any person or persons violating the provisions 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. Violationshow punished. 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 18, 1883. Page 589 TO FIX THE LICENSE FOR SELLING INTOXICATING LIQUORS IN THE INCORPORATED TOWNS OF TELFAIR COUNTY. No. 222. An Act to fix the amount of license for selling intoxicating liquors of any kind within the incorporated towns in Telfair county, in this State, at a sum not less than that now fixed by law for selling such liquors in said 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 license fee for selling intoxicating liquors of any kind, within the corporate limits of the incorporated towns in Telfair county, of this State, shall be the same as is now fixed by law, as the license fee for selling such liquors in said county of Telfair, and that all license hereafter granted for a less amount are hereby declared void, and shall be so held, and any one selling under such license shall be liable to indictment for retailing without license, and upon conviction punished as prescribed in section 4310 of the Code of Georgia. License fee specified. Violationshow punished. 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 18, 1883. TO PROHIBIT THE SALE OF SPIRITUOUS LIQUORS WITHIN TWO MILES OF LAWRENCEVILLE CROSS ROADS ACADEMY, IN CALHOUN COUNTY. No. 231. An Act to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity within two miles of Lawrenceville cross roads academy, in the county of Calhoun. 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, barter or exchange in any quantity within two miles of Lawrenceville cross roads academy, any spirituous, malt or intoxicating liquors. Where prohibited. Sec. II. Be it further enacted , That any person violating the provisions of this Act, upon conviction thereof, shall be punished as provided in section 4310 of the Code of 1882 of this State. Violationshow punished. 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 18, 1883. Page 590 TO PROHIBIT THE SALE OR FURNISHING OF INTOXICATING LIQUORS IN CERTAIN LOCALITIES. No. 237. An Act to prohibit the sale or furnishing of spirituous, vinous, malt or other intoxicating liquors or bitters in the following localities, to-wit: within five miles of the churches and academy in the town of Marshalville in the county of Macon, and within a radius of one mile in every direction from the store-house occupied by Snell and Sawyer in the town of Snellville, in said county of Gwinett, and within three miles of Zoar church in said county of Gwinett, and within three miles of Mount Moriah church in said county of Gwinett, also within three miles of Rehoboth Baptist church in the county of Floyd, also within three miles of Soules' chapel Methodist church in the county of Lumpkin, and also within three miles outside of the corporate limits of the city of Newnan in the county of Coweta, and to provide a penalty for the violation 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 it shall be unlawful for any person to sell, barter or exchange, or furnish for a valuable consideration or for the purpose of inducing trade, or at their place of business, or any other place in the following localities in this State, any spirituous, vinous, malt or other intoxicating liquors or bitters, to-wit: within five miles of the churches and academy in the town of Marshalville in the county of Macon, also within a radius of one mile in every direction from the store occupied by Snell and Sawyer in the town of Snellville, in said county of Gwinett, also within three miles of Zoar church in said county of Gwinett, also within three miles of Mount Moriah church, in said county of Gwinett, also within three miles of Rehoboth Baptist church in the county of Floyd, also within three miles of Soules' chapel Methodist church in the county of Lumpkin, and also within three miles on the outside of the corporate limits of the city of Newnan in the county of Coweta. Sale of prohibited. Where prohibited. Sec. II. Be it further enacted , That any person violating the provisions of the first section of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882, provided , nothing in this Act shall be construed to prohibit the sale of spirituous liquors by the distillers thereof in the county of Coweta in original casks or barrels as gauged by the United States gauger when the same are sold to licensed dealers in said county or sold and shipped beyond the limits of the said county of Coweta, nor shall this proviso be construed to authorize any dealer or any other person to sell any of said liquors in any locality in said county of Coweta, when the same are now or shall hereafter be prohibited by law. Violationshow punished. Exception. 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 19, 1883. Page 591 TO SUBMIT THE QUESTION OF LIQUOR PROHIBITION IN THE COUNTY OF MORGAN, TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 245. An Act to submit to the qualified voters of the county of Morgan the question of prohibiting the sale of spirituous, vinous and malt liquors, except for medical and mechanical purposes, in said county, to give effect to the result of said election, and for other purposes therein named. Section. I. Be it enacted by the General Assembly of the State of Georgia , That the question of prohibiting the sale of spirituous, vinous and malt liquors, except for medical and mechanical purposes, in the county of Morgan, shall be submitted to the qualified voters of said county at an election to be held therein on the second Tuesday in November, 1883. Electionwhen to be held. Sec. II. Be it further enacted , That the county commissioners of said county shall publish once a week, for the four weeks immediately preceding said election, one notice of the same in the news paper published in said county. Notice of election to be given. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot, the word Prohibition, or the words Against Prohibition. Ballotshow inscribed. Sec. IV. Be it further enacted , That the qualification of the voters at said election, and the manner of conducting it shall be the same as for members of the General Assembly, except that the returns thereof shall be made to the county commissioners of said county, who shall consolidate the vote, and declare the result by publishing the same one time in the county newspaper published in said county. Who may vote. Rules for election. Vote to be consolidated and result declared. Sec. V. Be it further enacted , That should a majority of the votes cast at said election have upon them the word, Prohibition, then, and in that event, the provisions of this Act shall go into effect on the first day of January, 1884, and on and after that day it shall not be lawful for any person or persons to sell directly or indirectly, any spirituous, vinous or malt liquors in any quantity, in said county of Morgan, except for medical and mechanical purposes, and any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction, be punished as is prescribed in section 4310 of the Code of 1882. When may go into effect. Exceptions. Violations ofhow punished. 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 19, 1883. Page 592 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN FOUR MILES OF THE M.E. CHURCH AT TEMPERANCE, IN CARROLL COUNTY. No. 246. An Act to prohibit the sale of spirituous, malt or intoxicating liquors or intoxicating medicated bitters within four miles of the Methodist church at Temperance, in the 1122d dist. G. M. in the county of Carroll, and to provide a penalty therefor, and for other purposes. 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 to sell to another any spirituous, malt or intoxicating liquors or intoxicating medicated bitters within four miles of the Methodist church at Temperance, in the 1122d Dist. G. M. in the county of Carroll. When and what prohibited. Sec. II. Be it further enacted by the same , That any person violating section first of this Act shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as prescribed in sec. 4310 of the Code of Georgia of 1882. Violationshow punished. Sec. III. 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 19, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF MURRAY, AND TOWN OF SPRING PLACE, IN SAID COUNTY. No. 249. An Act to prohibit the sale of intoxicating or spirituous liquors in any quantity whatever in the county of Murray, and the town of Spring Place therein, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That within ninety days from the passage of this Act, the ordinary of Murray county shall order and 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. Ordinary to order election. 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 oppose or favor the sale of spirituous or intoxicating Page 593 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 newspaper where the legal advertisements of the county is done, by one insertion therein. Electionhow conducted. Ballotshow inscribed. Managers to report result. Ordinary to publish result 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, except upon the prescription or certificate of a physician, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code; provided , that such persons who have license for a term before restriction is voted shall be allowed to sell for the time such license shall run. When unlawful to sell Violationshow punished Vested rights secure. Sec. IV. Be it further enacted by the authority aforesaid , That the advertisement provided for in section first of this Act, shall be made once a week for four weeks in the newspaper where the legal advertising of the county is done, and 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 electionhow published. 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 Murray county to grant license to any person to sell spirituous liquors in any quantity at any place in said county, except upon written petition of the applicant stating especially the place at which he designs to sell, and upon which petition shall be indorsed 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; provided , this section shall not apply to the town of Spring Place. Licensehow granted if prohibition be defeated. Application in writing, endorsed by two thirds of land owners. 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 19, 1883. Page 594 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF THE CHURCHES AND SCHOOLS IN ANDERSONVILLE, SUMTER COUNTY, GA. No. 251. An Act to prohibit the sale of all spirituous, malt or intoxicating liquors within three miles of any of the churches or schools situated in the town of Andersonville, Sumter county, Ga. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, it shall not be lawful for any person to sell or furnish to another for any valuable consideration, directly or indirectly given therefor, any spirituous, malt or other intoxicating liquors within three miles of any of the churches or the schools situated within the limits of the town of Andersonville, Sumter county. Where prohibited. Sec. II. Be it further enacted , That the provisions of this Act are intended to apply to the territory within the limits of the town of Andersonville, as well as all other territory within the limits prescribed in the foregoing section. Includes territory of Andersonville. Sec. III. Be it further enacted , That the foregoing provisions of this Act shall not apply to any licenses to sell the aforesaid liquors which may now be in force within the territory covered by this Act, but with reference to persons holding such licenses shall take effect immediately upon the expiration thereof. Vested rights not affected. Sec. IV. 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 1882. Violations ofhow punished. Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with the foregoing provisions be, and the same are hereby repealed. Approved September 19, 1883. TO REGULATE THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF FRANKLIN BY SUBMITTING THE SAME TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 276. An Act to regulate and prohibit the sale of intoxicating, spirituous or malt liquors in the county of Franklin, after submitting the same to the qualified voters of said county; to prescribe a penalty for the violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an election may be held at any time between the first day of Page 595 July and the first day of December in the year 1883, and annually thereafter until this Act is adopted, in the county of Franklin, in this State, upon the written application of at least fifty resident freeholders of said county to the ordinary of said county; that whenever such application is filed in the office of the ordinary of said county thirty days before the time for holding said election, in which application it shall be stated that it is desired to submit to the qualified voters of said county the question of the sale of intoxicating, spirituous or malt liquors in said county, it shall be the duty of such ordinary to order an election to be held in said county under the same rules and regulations of elections for members of the General Assembly, and to be held at the time aforesaid, except that only two tally-sheets and lists of voters shall be kept, one of which, together with the tickets, shall be sealed up and transmitted to the clerk of the superior court of said county, and kept as returns of other elections, and the other shall be transmitted to the said ordinary. Election to be held. On written petition. Ordinary shall order election How conducted Lists of votershow disposed of. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of said ordinary to give thirty days' notice of such election in the newspaper having the largest circulation in said county, and that the question of For Prohibition or Against Prohibition, shall be submitted to the legal voters of said county at the time mentioned in such notice, and that all persons qualified to vote for members of the General Assembly shall be qualified to vote on such question, and that if a majority of the votes cast are for prohibition, that it shall be unlawful to sell intoxicating, spirituous or malt liquors in said county, in any quantity whatever, after the result of such election has been declared, as hereinafter set forth. Notice of electionhow given. Who may vote. When unlawful to sell liquor. Sec. III. Be it further enacted, etc. , That it shall be the duty of the ordinary to carefully consolidate the returns of said election, and, if a majority of the votes cast are for prohibition, he shall declare the same, and have it published in the same paper, and for the same length of time, as the notice of the election was published; and from and after that time it shall be unlawful to sell intoxicating, spirituous or malt liquors of any kind, in any quantity, in said county, except for medicinal and wine for sacramental purposes; and any person or persons, their agents, employes or clerks, violating the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction for the same shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. And if the result is against prohibition, he shall so declare it, but no publication shall be necessary in a public gazette. All the proceedings before said ordinary shall be entered on the minutes of his court. Ordinary to consolidate returns. To declare result. Unlawful to sell after proclamation. Violationshow punished. Sec. IV. Be it further enacted by the authority aforesaid , That an election may be held under the provisions of this Act in any militia district or incorporated town or city in said county of Franklin upon the petition of one-fifth of the qualified voters in such district or incorporated town or city, and that all the regulations provided in this Act for elections in the whole county shall apply to and are hereby made applicable to elections as provided in Page 596 this section for districts and incorporated towns or cities; and provided , that the holding of an election in the whole county shall not prevent an election in the districts and towns, nor shall an election in the latter prevent an election in the former. If any district or incorporated city or town shall adopt the provisions of this Act, then any person violating the same shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Where elections may be held. On petition. District and municipal electionshow governed. County elections not to interfere with district nor district with county Violationshow punished. 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 24, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF THE TOWN OF WINSTON, IN DOUGLAS COUNTY. No. 278. An Act to prohibit the sale of spirituous, malt or any other intoxicating liquors within three miles of the town of Winston, in the county of Douglas, 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, it shall be unlawful for any person or persons whatever to sell in any quantity any spirituous, malt or intoxicating liquors within three miles of the depot in the town of Winston, on the Georgia Pacific railroad, in Douglas county; provided , that this Act shall not apply to any person or persons who may now be engaged in the sale of such liquors in said town until the license, obtained by them before this Act shall have passed, has expired. Where prohibited. Vested rights secured. Sec. II. Be it further enacted by the authority aforesaid , That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction, shall be punished for each offense as is prescribed in section 4310 of the Code of the State. Violationshow punished. 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 September 24, 1883. Page 597 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF NEW HOPE CHURCH, MADISON COUNTY. No. 279. An Act to prohibit the sale of spirituous or intoxicating liquors within three miles of New Hope church, in Madison county, Georgia, and to provide a penalty 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 be unlawful for any person to sell, in any quantity, or in any manner, any spirituous or intoxicating liquors within a radius of three miles of New Hope church, in Madison county, of this State. What prohibited. In what area. Sec. II. Be it further enacted by the authority aforesaid , That each and every person violating the provisions of this Act, as set forth in the first section, shall be guilty of a misdemeanor, and on conviction thereof, in any court having jurisdiction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. 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 24, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF MILLER. No. 280. An Act to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, no person or persons shall be allowed to sell, either by wholesale or retail, any whisky, brandy, gin, schnapps, beer, ale, bitters, or any other spirituous liquors of an intoxicating nature, within the limits of the county of Miller, except as is hereinafter provided in this Act. What prohibited. Where 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 thereof shall be punished by a fine not less than one hundred dollars nor more than five hundred dollars, or imprisonment not less than six months nor more than one year, as prescribed in section 4310 of the Code of this State; provided , however, that this Act shall not be construed so as to prevent regular authorized practicing physicians from furnishing their patients with Page 598 liquors when the nature of the case prescribed for by them shall so demand it Violationshow punished. Physicians excepted. Sec. III. Be it further enacted by the authority aforesaid , That every physician who shall practice within the limits of the county shall keep a book of registration in which he shall register the date of, and the person and the case for whom such liquor or liquors were prescribed, and said book shall be submitted to the grand jury at the fall term of each year of the superior court for inspection. Physicians to keep book. Sec. IV. Be it further enacted , That any physician who shall be guilty of selling liquor, except as is above prescribed in this Act, shall be deemed guilty of a misdemeanor, and shall be punished as is prescribed in section two of this Act. Physicians violating punished Sec. V. Be it further enacted , That it shall be the duty of the ordinary of Miller county to order an election to be held on the first Wednesday in March, 1884, 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 A. M. and four P. M., and under the same rules and regulations as control the election 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 no person shall be allowed to vote in said election except such persons as are allowed by law to vote for members of the General Assembly. Should a majority of the ballots cast at said election be in favor of no prohibition, then the person or persons so engaging in the sale of said intoxicating liquors shall pay into the county treasury the sum of seven hundred and fifty dollars as a license for every year they may carry on said business in said county; 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 April the first, 1884. Electionhow ordered. When to be held. How conducted. Ballotshow inscribed. Who may vote. Amount of license if no prohibition prevails. If prohition prevails, ordinary to give notice. 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 24, 1883. Page 599 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF ROCKDALE. No. 288. An Act to prohibit the manufacture or sale of intoxicating liquors or intoxicating medicated bitters, in any quantity whatever, in the county of Rockdale, except for medical purposes, and provide for the keeping and sale for said medical purposes, and to prescribe penalties for the violation of 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 to manufacture or sell any intoxicating liquors or intoxicating medicated bitters in any quantity whatever, in the county of Rockdale, except for medical purposes. Unlawful to make or sell. Exceptions. Sec. II. Be it further enacted , That intoxicating liquors or intoxicating medicated bitters shall not be sold at but one place for medical purposes in the said county of Rockdale, and only by a regular pharmaceutist or apothecary, who shall be elected by the grand jury, and commissioned by the ordinary for the term of two years, and shall, before he sells the same, give bond and security for the sum of one thousand dollars, for the faithful compliance of this Act, and shall take the following oath, to-wit: That I will not sell any intoxicating liquors of any kind whatever, directly or indirectly, or intoxicating bitters except strictly for medical purposes, and that as provided for in section 3d and 4th in this Act, and that I will not keep at one time more than ten gallons, and will not sell the same at a greater profit than fifty per cent. on actual cost of the same. Sale of for medical purposes. By whom sold Shall give bond. Oath to be taken. Amount to be kept on hand limited. Rate of profits limited. Sec. III. Be it further enacted , That the pharmaceutist or apothecary who is elected commissioner and sworn to dispose of intoxicating liquors and intoxicating medicated bitters as provided for in section second of this Act, shall not sell any intoxicating liquor or intoxicating bitters of any kind whatever, except strictly for medical purposes, and that he shall not sell the same, except on a written certificate of a regular licensed and practicing physician, stating the amount, and for whom it is wanted, and shall sell only once on the same certificate. Sale of regulated. Sec. IV. Be it further enacted , That no physician shall give a certificate for any kind of intoxicating liquors or intoxicating bitters, except when he is convinced that his patient is in actual need of the same as a medicine, and that he shall prescribe it only as he would other medicines, and any physician may prescribe for his patients the articles set out in the first section in cases of actual necessity. When physician may prescribe liquor. Sec. V. Be it further enacted , That any physician violating the fourth section of this Act shall on conviction thereof, be punished as prescribed in section 4310 of the Code of 1882. Physicianhow punished. Page 600 Sec. VI. Be it further enacted , That any person giving away or exchanging intoxicating liquors or intoxicating bitters for anything as an evasion of sale, shall be deemed guilty of a violation of this Act. Giving away or exchanging a violation. Sec. VII. Be it further enacted , That any person violating the first or sixth sections of this Act shall be subject to indictment therefor, and shall upon conviction, be punished as prescribed in section 4310 of the Code of Georgia of 1882. Violations of 1st or 6th sectionshow punished. Sec. VIII. 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 25, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THE 837 DISTRICT. G. M., INCLUDING THE TOWN OF DAHLONEGA, IN LUMPKIN COUNTY. No. 300. An Act to prohibit the selling of intoxicating or alcoholic liquors within the 837th district, G. M., which includes the town of Dahlonega in the county of Lumpkin, 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 be unlawful for any person or persons either directly or indirectly as owner, agent, clerk or otherwise, to sell intoxicating or alcoholic liquors of any kind, or intoxicating bitters, or other nostrums which if drank to excess will produce intoxication, in any quantity whatever within the 837th district, G. M., which includes the town of Dahlonega in the county of Lumpkin, and any person or persons violating the provisions of this Act either directly or indirectly through agent, clerk or otherwise, all such persons, whether owner, agent or clerk, shall be guilty of a misdemeanor, and upon conviction for the same shall be punished as prescribed in section 4310 of the Code of 1882 of this State. Where prohibited. Penalty. 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 25, 1883. Page 601 TO FIX THE LICENSE FOR THE SALE OF INTOXICATING LIQUORS IN THAT PART OF THE TOWN OF McVILLE, SITUATED IN MONTGOMERY COUNTY. No. 301. An Act to fix the rate of license to retail spirituous liquors in that part of the town of McVille, situated in Montgomery county, at a sum not less than that fixed to retail spirituous liquors in the county of Montgomery, 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 license fee for retailing spirituous liquors in that part of the town of McVille, situated in Montgomery county, shall be the same as that now fixed by law for license to retail spirituous liquors in the county of Montgomery, and it shall not be lawful for the corporate authorities of said town, nor the ordinary, or commissioners of roads and revenues of said county, to grant license to retail spirituous liquors in said portion of the town of McVille for a less sum than that fixed by law to retail spirituous liquors in the county of Montgomery; 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 Code of 1882. Amount of license. Penalty. 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 25, 1883. TO AMEND AN ACT TO FIX THE LICENSE FEE FOR RETAILING INTOXICATING LIQUORS IN EMANUEL COUNTY. No. 309. An Act to amend an Act approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one 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 Act approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one thousand dollars be, and the same is hereby amended by adding thereto, after the word spirituous, and before the word liquors the words vinous, malt or other intoxicants, and after the word liquor the words schnapps or bitters so that said amended Act shall read: that from and immediately after the passage of this Act the charge for license to sell Page 602 spirituous, vinous and malt, or other intoxicating liquors, schnapps or bitters, in any quantity in the county of Emanuel, shall be the sum of one thousand dollars. Schnapps and bitters added. 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 1882. Violationshow punished. 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 25, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF NEW FORK AND FORK OF BROAD RIVER CHURCHES, IN MADISON COUNTY. No. 311. An Act to prohibit the sale of spirituous or intoxicating liquors within three miles of New Fork and the Fork of Broad River churches, in Madison county, and to prescribe a penalty 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 be unlawful for any person to sell in any quantity, or in any manner, any spirituous or intoxicating liquors within a radius of three miles of each of the following churches, in Madison county, in said State, to-wit: New Fork church, and the Fork of Board River church; provided , that this Act shall not go into effect until a majority of the qualified voters, residing within a radius of three miles of said New Fork and Fork of Broad River churches, shall, at election to be held for that purpose, vote in favor of so prohibiting the sale of such spirituous or intoxicating liquors, said election to be held in the following manner, to-wit: On the second Saturday in March, 1884, an election shall be held at the place for holding justice court for the 203d district Georgia militia, of Madison county, under the same rules and regulations as elections for members of the General Assembly are held, and at which all the qualified voters residing within a radius of three miles of said churches shall be entitled to vote. Those in favor of prohibiting the sale of spirituous or intoxicating liquors as herein provided, shall endorse on their tickets For Prohibition, and those opposed shall endorse on their tickets Against Prohibition; and if a majority of the ballots so cast at such election shall be for prohibition, then the managers of such election shall file with the ordinary of Madison county the records of said election, and it shall be the duty of said ordinary to declare the result by posting notice of the same at three or more public places in said district, and the provisions of this Act shall be of full force and effect within thirty days from the date of holding said election. Where prohibited. Ratification by people necessary. Electionwhen and where prohibited. How conducted Who may vote. Ballotshow inscribed. Result to be declared by ordinary. When of force. Page 603 Sec. II. Be it further enacted by the authority aforesaid , That each and every person violating the provisions of this Act, as set out in the first section, shall be guilty of a misdemeanor, and on conviction thereof, in any court having jurisdiction thereof, shall be punished as provided in section 4310 of the Code of 1882. Violationshow punished. 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 25, 1883 TO SUBMIT THE QUESTION OF THE SALE OF INTOXICATING LIQUORS TO THE QUALIFIED VOTERS OF WHITFIELD COUNTY, OR ANY MILITIA DISTRICT THEREOF. No. 325. An Act to submit to the qualified voters of Whitfield county, or of any militia district therein, whether liquors shall be sold in said county or district. 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, malt, vinous or other intoxicating liquors in said county of Whitfield, be, and the same is hereby prohibited until the same is 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 city, within the limits of said county, shall issue any license whatever for the sale of said 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. Sale prohibited until legalized by qualified voters. Vested rights secured. Sec. II. Be it further enacted , That upon application by petition, signed by one-fifth of the qualified voters in said county of Whitfield, or one-fifth of the qualified voters of any militia district therein, the ordinary of said county shall order an election to be held at the place for holding elections for members of the Legislature, to take place within forty days after the reception of such petition, and he shall advertise notice of said election in the newspapers of said county of Whitfield for thirty days prior to the same, and shall give such other notice as he may deem necessary, to determine whether or not such liquors as are mentioned in the first section of this Act shall be sold within the limits of such designated place; provided , that the qualified voters shall be ascertained by the ordinary by reference to the tax digest of the preceding year. When ordinary shall order election. Notice of election. Who may vote. Sec. III. Be it further enacted , That at such election, voters shall have written or printed upon their tickets the words For Prohibition or Against Prohibition, and if the result of such election Page 604 shall show a majority for prohibition, then the provisions of the first section of this Act shall apply and continue of force; and if the result of such election shall be against prohibition, then it shall be the duty of the ordinary of said county of Whitfield, or other constituted authority having jurisdiction, to grant license or licenses applied for upon terms prescribed by statue in such cases; provided , that the result of such election shall be published immediately by the ordinary in one or more of the newspapers of said county. Ballotshow inscribed. Licenses grantedwhen and on what terms. Ordinary to publish result of elections. Sec. IV. Be it further enacted , That if an election is asked for by the requisite number of qualified voters of any militia district embracing an incorporated town or city of said county, and the result of such election shall be against prohibition, this Act shall not be construed to abridge the powers or authority of the authorities of such city or town to refuse or grant license in their discretion; but such authorities may refuse to grant license to any person or persons to retail or sell liquors within such incorporate town or city as though no election had been held. Election in militia district or municipality. Sec. V. Be it further enacted , That the election held by the county shall control in favor or against prohibition, whatever may be the result of elections by districts. Election by countyits effects. Sec. VI. Be it further enacted , That after election by district or county, no other election for the same territory shall be held within two years, except when election has been held by any district or districts, it shall not be held as a violation of the provisions of this Act, when an election is ordered by the county, which will embrace such district or districts as may have previously held an election. Electionshow often held. Sec. VII. Be it further enacted , That any person or persons who shall sell or furnish for the purpose of inducting trade, or who shall in any other way violate the provisions of this Act, without license first obtained in pursuance of 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; provided , that the provisions of this section shall not be construed to apply to any one furnishing wine for sacramental purposes. Offense. Penalty. Exception Sec. VIII. Be it further enacted , That all laws now of force in this State, prohibiting the sale or furnishing to another intoxicating liquors on election days, shall apply to all elections held under the provisions of this Act. Sale of on day of election. 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 26, 1883. Page 605 TO SUBMIT TO THE QUALIFIED VOTERS OF THOMAS AND COBB COUNTIES THE QUESTION OF PROHIBITING THEREIN THE SALE OF INTOXICATING LIQUORS. No. 341. An Act to provide for the submission of the question of prohibition to the qualified voters of Thomas and Cobb counties, and in the event said election is carried for prohibition, to prohibit the sale of intoxicating, spirituous, vinous or malt liquors in the counties of Thomas and Cobb; to prescribe a penalty for the violation of same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an election may be held on the first Wednesday in March in the year 1884, and annually thereafter on the first Wednesday in March until this Act is adopted, in the counties of Thomas and Cobb, in this State, upon the written applications of at least one hundred resident freeholders of said counties; that whenever such applications are filed in the offices of the ordinaries of said counties sixty days before the time for holding said elections, in which applications it shall be stated that it is desired to submit to the qualified voters of said counties the question of the sale of intoxicating, spirituous, vinous or malt liquors in said counties, it shall be the duty of such ordinaries to order elections to be held in said counties upon the days hereinbefore mentioned, under the same rules and regulations as apply to elections for members of the General Assembly, except that only two tally-sheets and lists of voters shall be kept, one of which, together with the tickets, shall be sealed up and transmitted to the clerks of the superior courts of said counties and kept as returns of other elections, and the other shall be transmitted in like manner to the ordinaries of said counties, and that the manner of consolidating the vote of said counties in said elections shall be as that now prescribed by law. Electionwhen to be held. Duty of ordinary. Two tallysheets only. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of said ordinaries to give thirty days' notice of such elections in either or both of the newspapers in said counties in which the official advertisements are published, and the question of For Whisky or Against Whisky shall be submitted to the legal voters of said counties at times mentioned in such notice, and that all persons qualified to vote in said counties for members of the General Assembly shall be qualified to vote on such question, and that if a majority of the legal votes cast are against whisky, that it shall be unlawful to sell intoxicating, spirituous, vinous or malt liquors in said counties, in any quantity whatever, after the result of such elections shall have been declared as hereinafter set forth; provided , that the provisions of section 4570 of the Code of 1882 shall apply to the elections held under the provisions of this Act. Notice of election. Who may vote. Code 4570 to apply. Sec. III. Be it further enacted by the authority aforesaid , That it shall Page 606 be the duty of the ordinaries, upon the consolidation of the returns of said elections, and in the event a majority of the legal votes cast are against whisky, to declare the same and have it published in the same paper or papers, and for the same length of time, in which the notice of the election was published, and from and after that time it shall be unlawful to sell intoxicating, spirituous, vinous or malt liquors of any kind and in any quantity in said counties, except wine for sacramental purposes; and any person or persons 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 1882; provided , that nothing in this Act shall be so construed as to prevent any person fron selling domestic wines and cider made by them in said county; but if the result of said elections shall be for whisky, the said ordinaries shall so declare, but no publication of the fact shall be necessary in a public gazette. Consolidation of returns. Proclamation of result. When unlawful to sell Exceptions. Sec. IV. Be it further enacted by the authority aforesaid , That each voter at said elections shall have written or printed on his ballot the words For Whisky, or the words Against Whisky. Ballotshow inscribed. 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 26, 1883. TO SUBMIT TO THE QUALIFIED VOTERS OF MERIWETHER COUNTY THE QUESTION OF PROHIBITING THE SALE OF SPIRITUOUS LIQUORS IN SAID COUNTY. No. 354. An Act to prohibit the sale of alcoholic, spirituous, malt or intoxicating liquors in the county of Meriwether, upon the question of Prohibition, or No Prohibition, being submitted to the qualified voters of said county and a majority of the votes being cast for Prohibition, and to provide a punishment for the violation of the same, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That an election shall be held in the county of Meriwether on the first Wednesday in November, 1883, to determine whether alcoholic, spirituous, malt or intoxicating liquors shall any longer be sold in said county. Electionwhen held. Sec. II. Be it further enacted , That the ordinary of said county shall publish once a week for four weeks, immediately preceding said election, a notice of the same in a newspaper published in said county. Notice of election. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot either the words, Prohibition or No Prohibition. Ballotshow inscribed. Page 607 Sec. IV. Be it further enacted , That the qualification of the voters at said election, and the 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 in a newspaper of said county, and record the result of the election in his office. Who may vote Electionhow conducted. Sec. V. Be it further enacted , That should a majority of the votes cast at said election have upon them the word, Prohibition, then, and in that event the provisions of this Act shall go into effect two days after the result has been published by the ordinary as provided in the preceding section, and on and after that date it then shall not be lawful for any person or persons to sell, directly or indirectly, any alcoholic, spirituous, malt or intoxicating liquors, in any quantity in any part or portion of the county of Meriwether, except as hereinafter mentioned, 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. Majority to control. Sec. VI. Be it further enacted , That the provisions of this Act shall not prevent practicing physicians furnishing liquors themselves to their patients under treatment by them, nor shall this Act prevent the proprietors of the Warm Springs, Chalybeate Springs and White Sulphur Springs in said county from furnishing liquors to their guests during the time their hotels are kept open by them for boarders, upon their taking out license in terms of the law, and entering into an obligation with good security, in the sum of five hundred dollars, payable to the commissioners of roads and revenues of said county, not to sell to any one except the class of guests hereinafter mentioned, and upon the breach of said bond the commissioners of roads and revenues of said county shall institute suit, the recovery upon which shall go to the educational fund of said county. Nor shall this Act prevent any person from selling domestic wine made by himself in said county. Physicianshow excepted. Proprietors of Warm Springs excepted. License. Bond required. Suit on bond. Proceeds of recoveryhow used. Domestic wines. Sec. VII. Be it further enacted , That should a majority of the votes cast at said election have upon them No Prohibition, then it shall not effect any local law now in force prohibiting the sale of liquors in any part of said county. Local laws prohibitory not affected. Sec. VIII. Be it further enacted , That nothing in this Act shall be so construed as to effect any license granted by the commissioners of roads and revenues of said county, prior to the passage of this Act, nor shall anything in this Act be construed as effecting the rights of distillers in said county in selling liquors in original casks or barrels as gauged by United States gaugers. Vested rights secured. Exceptions. 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 26, 1883. Page 608 TO AMEND AN ACT TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN THREE MILES OF THE MASONIC ACADEMY IN SWAINSBORO, EMANUEL COUNTY. No. 365. An Act to amend an Act entitled an Act to prohibit the sale of spirituous or intoxicating liquors within three miles of the Masonic Academy in the town of Swainsboro, Emanuel county, approved February 24, 1877, so as to allow physicians in such town in regular practice to sell and vend spirituous and intoxicating liquors in said town for medical 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 section first of the above recited Act be, and the same is hereby amended by adding after the words bitters in the last line of said section the following words, to-wit: provided , that nothing herein contained shall be so construed as to prohibit physicians in said town in regular practice to sell and vend spirituous and intoxicating liquors in said town for medical purposes only, so that said section when so amended shall read as follows: that from and after the passage of this Act it shall not be lawful for any person or persons to sell or cause to be sold within three miles of the Masonic Academy in, the town of Swainsboro, in Emanuel county, any spirituous or intoxicating liquors, schnapps or bitters; provided , that nothing herein contained shall be so construed as to prohibit physicians in said town in regular practice to sell and vend spirituous or intoxicating liquors in said town for medical purposes only. Physicians may sell for medical uses. Exception of physicians. 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 26, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN A RADIUS OF THREE MILES OF BAIRD'S BAPTIST CHURCH IN THE VILLAGE OF BAIRDSTOWN, IN OGLETHORPE AND GREENE COUNTIES. No. 317. An Act to prohibit the sale of intoxicating liquors and intoxicating bitters within three miles in every direction from the Baird's Baptist church, situated in the village of Bairdstown, on the line between Oglethorpe and Greene counties, and to provide a penalty for a violation of the same. 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 Page 609 to sell or offer for sale intoxicating liquors or intoxicating bitters of any kind within a radius of three miles from Baird's Baptist church, situated in the village of Bairdstown, on the line between Oglethorpe and Greene counties, in this State. Where 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 in any court having jurisdiction shall be punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. 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 26, 1883. TO SUBMIT THE QUESTION OF SELLING INTOXICATING LIQUORS IN THE 829TH DISTRICT, G. M., OF FLOYD COUNTY, TO THE QUALIFIED VOTERS OF SAID DISTRICT. No. 371. An Act to provide for preventing the evils of intemperance by local option in the 829th district, G. M., of Floyd county, Georgia, by submitting the question of selling or furnishing spirituous or malt, or other intoxicating liquors to the qualified voters of said district; to provide penalties for its violation, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That upon application, by petition, signed by one-tenth of the qualified voters in 829th district, G. M., Floyd county, Georgia, the ordinary shall order an election, to be held at the usual place for holding elections for members of the General Assembly, in said district, to take place within forty days after the reception of said petition, to determine whether or not such spirituous liquors as are mentioned in sixth section of this Act shall be sold within the limits of said district; provided , that all elections under this Act shall be held separate and distinct from any other elections. Ordinary on proper petition to order an election. Election held separately. Sec. II. Be it further enacted , That notice of such election as shall be held by this Act shall be published once a week for two weeks in the official organ of the ordinary or sheriff, and such elections shall be held under the same regulations as are now prescribed by law for holding elections for members of the General Assembly, except as otherwise provided by this Act, and all persons qualified to vote for members of Legislature are qualified to vote under the provisions of this Act; provided , they have resided in territorial limits to be effected by this Act at least six months previous to holding the election. Notice of electionhow given. Mode of election. Who may vote. Sec. III. Be it further enacted by the authority aforesaid , That all persons voting under the provisions of this Act, who are against the Page 610 sale of articles mentioned in the sixth section of this Act, shall have written or printed on their tickets, Against Whisky, and those who favor the sale of said articles shall have written or printed on their tickets, For Whisky. Ballotshow inscribed. Sec. IV. Be it further enacted , That the managers of elections held under this Act shall keep or cause to be kept duplicate lists of voters and tally-sheets, and it shall be the duty of such managers to deliver one list of the voters and tally-sheets to the clerk of superior court, to be filed in his office, and one list of voters and tally-sheets to the ordinary, who shall carefully consolidate such returns, and if the result be against whisky he shall publish the same once a week for two weeks in the newspaper in which he gave notice of the election, and this Act shall take effect as soon as the result is ascertained, except as to persons having vested rights. Duplicate lists of voters to be kept. Resulthow published. Vested rights secured. Sec. V. Be it further enacted , That if the result of any election held under the provisions of this Act shall be for whisky, then no other election shall be held in the same prescribed limits in less time than twelve months thereafter, which must be done upon a new petition as aforesaid and by otherwise conforming to this Act. Another electionwhen. Sec. VI. Be it further enacted , That a majority of the votes cast at any election held as by this Act provided shall be against whisky, it shall not be lawful for any person within the limits of said district to sell or barter, for valuable consideration, either directly or indirectly, or give away to induce trade to their place of business, any alcoholic, spirituous, intoxicating or malt liquors, or intoxicating bitters, or other drinks or nostrums, which, if drank to excess, will produce intoxication, under penalties hereinafter prescribed. Majority to decide. Sec. VII. Be it further enacted , That section forty five seventy (4570) of Code of 1882, in regard to prohibiting the sale of spirituous liquors on election days, shall apply to all elections held under the provisions of this Act. 4570 of Code applied. Sec. VIII. Be it further enacted , That nothing in this Act shall be so construed as to prevent the manufacture and sale of domestic wines or cider, or the sale of wine for sacramental purposes, nor shall anything be so construed as to make it unlawful for any licensed physician, in regular practice, to furnish any such articles mentioned in section sixth to his own patients, when necessary, in cases of actual sickness. Exceptions. Sec. IX. Be it further enacted , That any one 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 Code of 1882. Violationshow punished. Sec. X. Be it further enacted , That all laws and parts of laws conflicting with this Act be repealed. Approved September 26, 1883. Page 611 TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF FLOYD, EXCEPT IN THE CITY OF ROME, AND SUBMIT THE QUESTION TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 384. An Act to prohibit the retailing or furnishing of spirituous, malt or other intoxicating liquors within the county of Floyd, except within the corporate limits of the city of Rome, by submitting the same to the qualified voters of the county. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the first day of January, 1884, it shall not be lawful for any person or persons to sell, or otherwise furnish by the retail, any spirituous, malt or any other intoxicating liquors within the county of Floyd, except that a physician regularly engaged in the practice of medicine may prescribe such quantities for the immediate use of his patients as he may deem needful for the restoration or preservation of health; provided , that this prohibition shall not be of force within the corporate limits of the city of Rome, in said county; and provided further , that this Act shall not go into effect until the same shall have been ratified by a majority of the voters living without the limits of the city of Rome at an election to be ordered and held as provided in another section of this Act. Sale prohibited after first of January, 1884 What prohibited. Exceptions. Rome excepted. Ratification required. Sec. II. Be it further enacted , That it shall be the duty of the ordinary of Floyd county to order an election to be held on the first Tuesday in November next by giving notice for four weeks in one of the county newspapers, 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 of members of the General Assembly, the managers of which 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. Only those who have a right by law to vote for members of the General Assembly, living without the city of Rome in said county, shall be entitled to vote at said election. 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 of Floyd county to give notice of the same in some newspaper of the county of Floyd for three weeks, certifying that the Act of the Legislature has been ratified, and will go into effect on and after January first, 1884. Ordinary to order electionwhen Notice to be given. Ballotshow inscribed. Majority to decide. Publication of result. Sec. III. Be it further enacted , That any person violating any one of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. Page 612 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 27, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN ECHOLS COUNTY. No. 436. An Act to prohibit the sale of malt, intoxicating and spirituous liquors in the county of Echols. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for any person or persons to sell or furnish, either directly or indirectly, for a valuable consideration, any malt, intoxicating and spirituous liquors within the limits of the county of Echols. Sale 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 on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. Sec. III. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to affect any license granted by the ordinary of said county prior to the passage thereof. Vested rights secured. 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 28, 1883. TO FIX THE LICENSE FEE FOR SELLING INTOXICATING LIQUORS IN THE COUNTY OF BERRIEN AND TOWN OF ALAPAHA. No. 438. An Act fixing the license fees for the sale of intoxicating liquors in the county of Berrien, and in the town of Alapaha, in said county, and appropriating the money arising from the sale of license in said places to educational purposes in the county of Berrien, 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, persons desiring to sell intoxicating liquors in the county of Berrien, or in the town of Alapaha in said county, either at wholesale or retail, before beginning to sell, must apply for and obtain a license for that purpose, and give the bond and take the oath now required by law. Licensehow issued Page 613 Sec. II. Be it further enacted by the authority aforesaid , That if any person or persons applying for license shall desire to sell in said county outside of the corporate limits of the town of Alapaha, they shall apply to the ordinary of said county, and if they shall desire to sell within the corporate limits of the town of Alapaha, they shall apply to the municipal authorities of said town, and in either case, said authorities have power to grant or refuse such application. Who may issue license for county. Who may issue for Alapaha. or refuse. Sec. III. Be it further enacted by the authority aforesaid , That the charge for such license, by either of said authorities mentioned in section two of this Act, shall not be less than ten thousand dollars, and no license shall be issued for a less term than one year; provided , that the provisions of this Act shall not be so construed as to affect any license already granted. Amount of fee. Vested rights protected. Sec. IV. Be it further enacted by the authority aforesaid , That the term intoxicating liquors, as used in this Act, shall be construed 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. Intoxicatin liquors defined. Sec. V. Be it further enacted by the authority aforesaid , That any and all moneys arising from the sale of license, in either of the places mentioned in section one of this Act, shall be, by the authorities receiving the same, paid over to the treasurer of the educational fund of Berrien county, to be by him used for educational purposes in said county, under the same rules and regulations as is now provided for the general fund Amounts received for licensehow used. Sec. VI. Be it further enacted by the authority aoresfaid , That any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of 1873. Violationshow punished. 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 28, 1883. TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE COUNTY OF CATOOSA, AND TO SUBMIT THE QUESTION TO THE QUALIFIED VOTERS OF SAID COUNTY. No. 442. An Act to prohibit the sale of spirituous and intoxicating liquors in the county of Catoosa, and to provide for submitting the same to a vote of the qualified voters of said county for their acceptance or rejection. Section I. Be it enacted by the General Assembly of Georgia , That it shall not be lawful for any person to sell in any quantity any Page 614 spirituous or intoxicating liquors in the county of Catoosa, in this State, and any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia; provided , this Act shall take effect only on the following conditions, and not otherwise: As soon after the passage of this Act as practicable the ordinary of said county shall order an election to be held at the several election precincts of said county on a day to be specified by him. Notice thereof shall be given by publication in the newspaper in which the sheriff's sales are published, and also by posting notices at the court-house doors in the several militia districts of said county, at least twenty days prior to the time of holding said election, naming the day and places on which said election shall be held, which election shall be held and managed under the same laws and regulations governing elections for members of the General Assembly of this State, and only those entitled to vote under the same shall be allowed to vote at said election Those voting at said election shall have written or printed on their ballots, For Prohibition, or Against Prohibition. The managers of the election at the different precincts shall make return from their respective districts, assemble at the court-house of said county and consolidate the votes and make return of the same, with tally-sheets and list of voters, as now required by law in other elections, to the clerk of the superior court of said county, whose duty it shall be to file the same in his office, and announce the result of said election by publishing the same in the newspaper in which the sheriff's sales are published, and if a majority of the legal votes of said county are for prohibition, then this Act shall take effect on the day of the publication of the result by the clerk, and he shall so announce in said notice; provided , in no event shall the provisions of this Act apply to the sale of domestic wines by producers. Prohibition. Ratification required. Ordinary to order an election. Noticehow given. Electionhow conducted. Who may vote. Ballotshow inscribed. Returnshow made. Duty of clerk superior court When Act to take effect Domestic wines excepted. Sec. II. Be it further enacted , That if a majority of the legal voters of said county shall be for prohibition, the clerk of the superior court of said county shall file a copy of said notice issued by him, with his certificate showing the date of the publication thereof, in his office, which notice and certificate shall be entered on the minutes of the superior court of said county, and the said record or a certified copy thereof shall be competent evidence to show when this Act went into effect. Further duties of clerk. 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 28, 1883. Page 615 TO AMEND AN ACT TO PRESCRIBE THE MODE OF GRANTING LICENSE TO SELL INTOXICATING LIQUORS IN THE COUNTIES OF SCHLEY, TALBOT AND GREENE, AS THE SAME AFFECTS GREENE COUNTY. No. 461. An Act to amend an Act, approved February 25, 1875, to prescribe the mode of granting license to sell intoxicating liquors in the counties of Schley, Talbot and Greene, so far as the same relates to the county of Greene, so as to require the applicants for license to obtain the written consent of a majority of the freeholders with n three miles, instead of two-thirds as now required. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act section 1 of an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Schley, Talbot and Greene, and for other purposes, approved February 25, 1875, be amended, so far as relates to the county of Greene, by striking out the words two-thirds, in the eleventh line of said section, and inserting in lieu thereof the following words, to-wit: a majority, so that said section, when amended, shall read as follows, to-wit: That from and after the passage of this Act, it shall not be lawful for the ordinary, board of commissioners of roads and revenues, or any other person in whom the right may be vested in the counties of Schley, Talbot and Greene, to grant a license to any person to sell intoxicating liquors in said counties, in any quantity, unless the applicant for license shall, in addition to complying with all the requisites of the law as it now stands, present to the ordinary, or such other person as may be authorized to grant license in said counties, to be filed in the ordinary's office, the written consent to granting of said license, signed by a majority of the citizen freeholders, male and female, so far as relates to the county of Greene, living within three miles of the place at which the applicant proposes to sell. A majority substituted for two-thirds. 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 28, 1883. Page 616 TITLE VI. ROADS AND BRIDGES. ACTS. County of Worth exempted from certain road laws. Protection of public bridges of Pulaski county. Laurens county authorized to bridge Oconee river. Road work in Houston county. Road work in Irwin county. Road system for county of Whitfield. Road tax for Chattooga county. Road tax for Floyd county. TO EXEMPT THE COUNTY OF WORTH FROM CERTAIN ROAD LA WS No. 43. An Act to exempt the county of Worth from the operation of all road laws now in force, which exempts road hands from being compelled to work on roads more than three miles from their residences. Section I. Be it enacted , That from and after the passage of this Act that all road laws now in force which discharges road hands living over three miles from roads to which assigned by road commissioners of Worth county from working on said road be, and the same is hereby repealed so far as they affect Worth county, and that road hands in Worth county shall be compelled to work on any road to which assigned by proper authorities, notwithstanding they may reside more than three miles from said road to which assigned under the laws now in force. Road hands to work on any road in Worth county. Distance from residence not to relieve. 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 12, 1882. Page 617 TO PROTECT THE PUBLIC BRIDGES OF PULASKI COUNTY FROM DAMAGES FROM FAST RIDING OR DRIVING, AND EXCESSIVE WEIGHTS. No. 116. An Act to protect the public bridges of Pulaski county from damage by either fast riding, driving or the putting excessive and dangerous weights of horses, mules or cattle on the same. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, it shall be a penal offense for any person or persons to either ride or drive any horse or horses, mule or mules, ox or oxen, on or upon any public bridge in Pulaski county in a faster gait than a walk, or to put or drive on such bridge more than fifteen head of cattle, mules or horses at one and the same time. Fast riding or driving over bridgespenal offense. Excessive weights prohibited Sec. II. Be it further enacted , That any person or persons who shall willfully violate either provision of the foregoing section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Violationshow punished. 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 4, 1883. AUTHORIZING THE COUNTY OF LAURENS TO BUILD A BRIDGE OVER OCONEE RIVER, AND FOR OTHER PURPOSES. No. 198. An Act to authorize the county of Laurens to build a bridge across the Oconee river, at Dublin, and to levy a tax for the same, and to submit the question to a vote of the people. 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 ordinary of the county of Laurens shall make annually an assessment on the taxable property of said county sufficient to raise the sum of three thousand dollars, for the term of five years, which sum shall constitute a special fund for the purpose of building a bridge across the Oconee river at Dublin, in said county, and shall be collected by the tax collector, which sum of three thousand dollars shall be paid over by him annually, when collected, to the treasurer of a board of building commissioners hereinafter provided for. Annual assessment by ordinary. Of what amount. For what purpose. By whom collected. To whom paid. Sec. II. Be it further enacted , That Joel T. Coney, William B. Jones, Berrien B. Linder, Frank M. Taylor and J. Frank Fuller be, and they are hereby appointed and constituted a board of building Page 618 commissioners for the building of said bridge, who shall, before entering on their duties as such, take and subscribe an oath before the ordinary faithfully to perform the same, which oath shall be kept of file by said ordinary and recorded as oaths of county officers In case any member shall decline to serve, or in the event of the death, resignation or disability of any member, a majority of the remaining members shall recommend suitable persons to fill said vacancies to the judge of the superior court of said county, who shall pass an order, either in term time or vacation, appointing said persons commissioners to fill said vacancies, which order shall be entered on the minutes of said court, and said commissioners, before entering upon the duties of said office, shall take the oath above required of commissioners. Building commissioners. Oath to be taken. Vacancies in boardhow filled. Sec. III. Be it further enacted , That said commissioners shall choose one of their number for chairman, and shall also appoint some suitable person for clerk and treasurer of said board, and all vacancies in either of these offices may be filled by permanent or temporary appointment, as the case may require, and said board may change either or both of said officers as often as they see proper to do so, and for the faithful performance of his duties said clerk and treasurer shall give bond and good security, to be approved by said board of commissioners, and payable to the ordinary of said county and his successors in office, in double the amount of money that may be in his hands at any time, the amount to be fixed by said board, which bond shall be filed and recorded as bonds of county officers. Chairman. Clerk. Treasurer. Bond of clerk and treasurer. Bondhow filed and recorded. Sec. IV. Be it further enacted , That the clerk and treasurer shall keep an accurate minute of all the proceedings of said board and a correct account of all moneys received and paid out by him, as such clerk and treasurer, in books to be furnished him by said board; he shall safely keep all moneys, bonds or other assets of said board, and shall pay out no money without an order of said board. He shall not use the funds of said board for any other purpose than as authorized by this Act, and the doing of which shall constitute an embezzlement of the same, and on conviction, shall subject him to the penalties of embezzlement. For his compensation he shall receive two per centum on all moneys received from the tax collector, and two per centum on all payments made on the orders of the board of commissioners. He shall receive no commission for investing said money in bonds, nor for converting the bonds into cash, but the board of commissioners shall allow him such actual expenses for this service as may be necessary. The board may make payments with the bonds without converting them into cash, and in this event the clerk and treasurer shall receive two per centum on the bonds thus used. All the books of the clerk and treasurer shall be open to the inspection of any citizen of Laurens county at any time, and shall be examined by the grand juries as books of county officers. Duties of clerk and treasurer. Salary of clerk and treasurer. Actual expenses Books open to inspection. Sec. V. Be it further enacted , That the said sum of three thousand dollars, when paid over annually by the tax collector to the clerk and treasurer, shall be by him immediately invested in such bonds of the State of Georgia, or other good bonds, as shall be approved by Page 619 the board of commissioners, and the interest that accrues upon said bonds as it becomes due shall be immediately invested in the same way. The board of commissioners, after the work has been commenced on said bridge, may order such investments to be discontinued if they see proper to do so. Treasurer to invest in bonds of State, etc. Interesthow invested. Sec. VI. Be it further enacted , That it shall be the duty of said board of commissioners to have a bridge of the very best quality put across the Oconee river at Dublin, and for that purpose they are hereby invested with all the powers and authority necessary. They may procure plans and estimates, make contracts with any person or persons to do any part or all of the work on said bridge, shall superintend the same, shall, whenever they desire to do so, order the clerk and treasurer to convert the bonds purchased under this Act into cash, which shall be done only under their order, or they may use said bonds, or any of them, without converting into cash, if they can do so. They shall begin work on said bridge whenever they think a sufficient amount of funds have been raised to warrant it. It shall not be lawful for any of said commissioners, or for the clerk and treasurer to bid on or be in any way interested in any of the contracts to be let out by said board. They shall regulate their meetings, and shall meet at such time and place, with open or closed doors, as they shall order. If the five years herein specified will not raise sufficient money to put up such a bridge as is contemplated by this Act, the same may be extended until the amount is sufficient to do the work in the best and most substantial style, but to do so the board of commissioners shall notify the ordinary by an order stating such fact and what additional sum will be needed, whereupon he shall proceed to assess the same yearly as hereinbefore required. But if the sum raised in five years will be more than sufficient, the ordinary, upon notice of said board, may discontinue any part of the same. Said bridge shall be forever free to all the citizens of the county of Laurens, and when completed shall be by said board of commissioners turned over to the ordinary, with all books and papers in their hands, to be by him kept as the property of said county. The board of commissioners shall have authority to order their clerk and treasurer to give a new bond whenever they deem it necessary, and may remove him and appoint another, and if they fail to keep him under a good and sufficient bond with good and solvent securities, the number of securities to be governed by their order, they shall themselves be held liable to said county of Laurens for any mismanagement or default of such clerk and treasurer. Duty of commissioners. Powers of. When building to commence. Unlawful for commissioners, clerk or treasurer to be interested in contracts. Time may be extended for raising funds. Duties of ordinary. Bridge turned over. New bond may be required of clerk and treasurer. Commissionerswhen liable for acts of clerk and treasurer. Sec. VII. Be it further enacted , That immediately upon the passage of this Act, the ordinary shall order an election to be held at every election precinct in said county, and shall give thirty days' notice of said election by publication in both the newspapers published in said county, and by posting the same in all the districts. Said election shall be held as elections for members of the General Assembly, and all persons qualified to vote for members of the General Assembly shall be qualified to vote at said election. All persons in favor of building the bridge shall endorse on their Page 620 ballots the words, For the Bridge; all persons opposed to building the bridge shall endorse on their ballots, Against the Bridge. One manager from each precinct shall meet at the court-house on the day after the election, and shall consolidate the returns from all the precincts, and shall make a return of the whole vote cast to the ordinary, to be by him kept of file in his office; and if a majority of the votes polled is for the bridge, then he shall so declare by order entered on the minutes of the court of ordinary for county purposes, and this Act shall be of force in said county, and the bridge shall be built under the provisions herein set forth; but if a majority of the votes polled is against the bridge, it shall be so recorded by the ordinary, and this Act shall not be of force in said county, and no proceedings shall be had in pursuance of it. The managers for bearing the returns of said election shall receive the same pay as is now provided by law in other cases. Ratification required. Electionwhen held. Noticehow given. Electionhow conducted. Who may vote. Ballotshow inscribed. Returnshow consolidated. Result proclaimed. If majority vote against bridge Act to be void. Pay of managers. Sec. VIII. Be it further enacted , That if the vote provided for in the preceding section is favorable to the building of said bridge, the ordinary shall immediately make the first assessment to raise the sum of three thousand dollars net as provided in section one, and for each and every year thereaftear as provided by this Act. First assessmentwhen made. 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 17, 1883. TO AMEND THE ROAD LAWS OF HOUSTON AND MONROE COUNTIES. No. 205. An Act to amend an Act, approved February 26, 1877, which provided for altering and amending the road laws of this State so far as related to the counties of Houston and Monroe, and for other purposes. Section I. The General Assembly of Georgia do enact , That the above described Act, which provided a special system for working the public roads in the counties of Houston and Monroe, authorized the use of convict labor thereon and the levy of a tax for carrying out the terms of said law, be amended, so far as the same relates to the county of Houston, by striking from the first section of said Act the words, be authorized to employ and use, for and during such time as in their discretion is compatible with public necessity, and by inserting in lieu thereof the words, are hereby required to employ and use, so that said Act shall, as to the county of Houston, become mandatory upon said commissioners of roads and revenues for said county, and be no longer left in their discretion to put in operation its entire provisions. Making Act of Feb. 26, 1877, mandatory as to Houston 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 September 15, 1883. Page 621 CHANGING THE ROAD LAWS AS TO IRWIN COUNTY. No. 209. An Act changing the road laws of the State, in so far as they relate to the roads of Irwin county, 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 width of all public roads in Irwin county (except as hereinafter provided) shall be twelve feet. Width of public roads prescribed. Sec. II. Be it further enacted by the authority aforesaid , That all public roads, through lanes or other inclosures in said county, shall be in width as now provided by law. 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 17, 1883. TO PROVIDE A ROAD SYSTEM FOR WHITFIELD COUNTY, AND FOR OTHER PURPOSES. No. 319. An Act to provide for a public road system for the county of Whitfield, and to provide for the support of the same by taxation, and to authorize the establishment of a chain-gang to be worked on said roads, 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 it shall be the duty of the grand jury in the county of Whitfield, which shall recommend that this Act go into effect, to elect by ballot three commissioners of public roads in each militia district in said county, whose rights, duties, powers, liabilities and immunities shall be the same in all respects as are now prescribed by law, except so far as the same may be modified or allowed by the provisions of this Act. Commissionershow elected Rights, powers and duties. Sec. II. Be it further enacted , That said commissioners shall be, and they are hereby authorized and required, as soon after their appointment as practicable, to lay off the roads in said county in sections of three, five or more miles each, as they or a majority of them shall deem most appropriate, the working and keeping in repair of which, in accordance with the road laws of this State for the term of one or more years, shall be let to the lowest bidder after due and proper public notice of the same, and it shall be the duty of said commissioners to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract. Duties of commissioners. Lay off roads. Let to lowest bidder. Notice given. Written specifications. Page 622 Sec III. Be it further enacted , That the person or persons with whom said road contracts may be made shall be required to give bond, with approved security in a sum double the amount agreed to be paid to him or them under said contracts, which bonds shall be made payable to the ordinary of said county of Whitfield, and conditioned for the faithful performance of their respective contracts according to the terms thereof, and the sums for which said work is contracted to be done shall be paid by the ordinary only when the work agreed upon has been faithfully done according to the terms of their respective contracts, and the same has been certified by a majority of said commissioners Contractors to give bond. To whom payable and on what conditions. Ordinary to pay. Sec. IV. Be it further enacted , That whenever it shall be made to appear to the ordinary, upon the report of the commissioners of any district, that the conditions of the bonds required to be given in pursuance of the third section of this Act have been violated or not complied with, it shall be his duty to have suit instituted forth-with thereon against the principal and securities thereon, and the amount recovered shall be set apart and appropriated as a road fund. Suitwhen brought and by whom Amount recovered a road fund. Sec. V. Be it further enacted , That the person or persons with whom such contracts may be made shall enjoy all the rights, powers and privileges, and shall be subject to all the pains and penalties now prescribed by law in reference to overseers of public roads, except so far as the same may be affected by this Act. Rights, powers, etc., of contractors Sec. VI. Be it further enacted , That before making the afore-mentioned contracts, the commissioners shall have power to pledge to said contractor or contractors or otherwise employ the labor of such convicts as may be sentenced by the judge of the superior court of said county for minor offenses; provided , that said contractor or contractors shall make such provisions for safe-keeping and maintenance of the same as shall be approved by said commissioners under the direction of the sheriff and ordinary of said county. Convictshow employed. Contractors to keep safely, etc. Sec. VII. Be it further enacted , That the ordinary of said county be, and he is hereby authorized and required to levy a capitation tax, which shall be in commutation of work done upon public roads in said county, of two dollars upon each and every person subject to road duty by existing laws in said county, the payment of which shall operate as an exemption from road duty for and during the year for which said tax may be levied, and shall also levy and collect a tax upon the property of said county, when recommended by the grand jury of said county, not exceeding fifty per cent. on the amount of the state tax in said county, and any person who may be subject to the payment of said tax shall be amenable in all respects to the road laws of this State if he or she refuse to pay the same. Capitation taxhow levied. May tax property if recommended by grand jury. Sec. VIII. Be it further enacted , That it shall be the duty of the commissioners of the several districts of said county to ascertain and report to the tax collector of said county the names of each and every person in their respective districts who may be subject to road duty, and give the same to the tax collector, and it shall be the duty of the tax collector to collect the tax, which may be levied in pursuance of this Act, at such times as the ordinary may direct, Page 623 and pay the same to the county treasurer, to be kept by him as a separate fund, to be known as the road fund, and paid out upon order from the ordinary, and shall report to the said ordinary the names of all persons who fail or refuse to pay said tax. List of persons liable to be furnished tax collector. Duty of tax collector. Defaulters to be paid. Sec. IX. Be it further enacted , That any person or persons subject to road duty who shall prefer to work the roads in person or by proxy (the contractor to have the right to reject the proxy), shall have the right to do so, and shall work four days in the year on the roads of his district, under direction of the contractor for the same, whose receipt for such good labor shall be good against the capitation tax, and be charged as cash against said contractor; and any person failing or refusing to pay the commutation tax for road duty shall be subject to all the penalties already provided by law, and his wages be subject to garnishment by the tax collector, whose duty it shall be to proceed by execution or garnishment against all defaulters by summary process as at present provided by law. Contractor's receipts for good work. Penalties of defaulters. Sec. X. Be it further enacted , That the tax collector of said county shall be entitled to the same per cent. upon the collections of said road taxes or receipts for labor as is by law allowed for the collections of State taxes. Pay of tax collector. Sec. XI. Be it further enacted , That said commissioners shall hold their offices for the term of four years, excepting those first elected; one-half of whom, to be determined by lot on their first meeting, shall hold said office for the term of two years. Upon the expiration of the terms of said commissioners, their successors shall be elected by the grand jury which shall first thereafter be in session in said county, and all vacancies by death, resignation or otherwise shall be filled for the unexpired terms in the same manner, and the result of all regular and special elections of said commissioners shall constitute a portion of the special presentments of said grand jury, and when any grand jury shall fail to discharge any duty herein specified, the next succeeding grand jury shall discharge said duty. Official term of commissioners. Vacancieshow filled. Sec. XII. Be it further enacted , That said commissioners shall meet at the court-house in Dalton, in said county of Whitfield, on the first Saturday in January, April, July and October, of each year, for the transaction of business, and shall have power to adjourn from day to day. Special meetings may be called by any three of the commissioners upon personal notice in writing to all the commissioners in the county at said time, or upon publication in a public gazette at the capital of said county ten days before the date of meeting Quarterly meetings of commissioners. Special meetings. Sec. XIII. Be it further enacted , That the provisions of this Act shall not apply to any incorporated town or city in said county of Whitfield, where the charter of said town or city already provides for a commutation tax in lieu of work on public roads and streets; provided , that all property in said towns and cities shall be subject to an ad valorem tax when levied by the ordinary upon recommendation of the grand jury, for the purpose of keeping up the roads in said county. Incorporated towns excepted. Sec. XIV. Be it further enacted , That any person or persons residing Page 624 in any of the districts in said county thirty days shall be subject to road duty and the provisions of this Act; provided , that this Act shall not become operative nor go into effect until the grand jury of said county shall so recommend. Thirty days residence makes liable. When operative. Sec. XV. 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 26, 1883. TO AMEND THE ROAD LAWS OF THIS STATE, SO FAR AS RELATES TO CHATTOOGA COUNTY, AND FOR OTHER PURPOSES. No. 265. An Act to alter and amend the road laws of this State, so far as relates to the county of Chattooga, and to authorize the board of roads and revenues, or if no board, then the ordinary of said county to levy and collect a tax for road purposes. Section I. Be it enacted by the General Assembly , That it shall be the duty of the grand jury that recommends that this Act go into effect to elect by ballot three commissioners of public roads in each militia district in said county, whose rights, powers, duties, liabilities and immunities shall be the same in all respects as are now prescribed by law, except so far as the same may be modified or altered by the provisions of this Act. Grand jury to elect commissioners. Powers and duties of commissioners. Sec. II. Be it further enacted , That said commissioners shall be, and they are hereby authorized and required, as soon after their appointment as practicable, to lay off the roads in said county in sections of one to five miles or more each, as they or a majority of them shall deem most appropriate, the working and keeping in repair of which, in accordance with the road laws of this State, for the term of one or more years, shall be let to the lowest bidder, after due and proper public notice of the same, and it shall be the duty of said commissioners to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract. Shall lay off roads. Work let to lowest bidder. Specifications of work. Sec. III. Be it further enacted , That the person or persons with whom said road contract may be made shall be required to give a bond with approved security in a sum double the amount agreed to be paid to him or them under said contract, which bond shall be made payable to the ordinary of said county, and conditioned for the faithful performance of their respective contracts according to the terms thereof, and the sums for which said work is contracted to be done shall be paid by the ordinary only when the work agreed upon has been faithfully done according to the terms of their respective contracts, and the same has been certified by a majority of said commissioners. Contractor to give bond. Payable to ordinary. Ordinary to pay for work when faithfully done. Sec. IV. Be it further enacted , That whenever it shall be made Page 625 to appear to the ordinary upon report of the commissioners of any district, that the conditions of the bonds required to be given in pursuance of the third section of this Act have been violated or not complied with, it shall be his duty to have suit instituted forthwith thereon, and the amount recovered shall be set apart and appropriated as a road fund. Bonds violated to be sued on. Amount of recovery a road fund. Sec. V. Be it further enacted , That the person or persons with whom such contracts may be made shall enjoy all the rights, powers and privileges, and shall be subject to all the pains and penalties now prescribed by law in reference to overseers of public roads, except so far as the same may be effected by this Act Rights and liabilities of contractors. Sec. VI. Be it further enacted , That in making the aforementioned contracts, the commissioners shall have power to pledge to said contractor or contractors the labor of such convicts as may be sentenced by the judge of the county court of said county, and the judge of the superior court when said offenses are punishable in the chain-gang, or of less grade; provided , that said contractor or contractors shall make such provision for safe-keeping and maintenance of the same as shall be approved by the ordinary and sheriff of said county. County convicts pledged to contractors. Contractor to keep safely and maintain. Sec. VII. Be it further enacted , That the ordinary of said county be, and he is hereby authorized and required to levy a capitation tax, which shall be in commutation of work upon public roads in said county, of two dollars upon each and every person subject to road duty by existing laws in said county, the payment of which shall operate as an exemption from road duty for and during the year for which said tax may be levied, and shall also levy and collect a tax upon the taxable property of said county, when recommended by the grand jury of said county, not less than ten, nor more than twenty-five per cent, on the amount of the State tax in said county, and any person who may be subject to the payment of said tax shall be amenable in all respects to the road laws of this State, if he or she fail or refuse to pay the same. Capitation tax. Payment of an exemption from work. May tax property if grand jury advise. Sec. VIII. Be it further enacted , That it shall be the duty of the commissioners of the several districts of said county to ascertain and report to the tax collector of said county the names of each and every person in their respective districts, who may be subject to road duty, and give the same to the tax collector, and it shall be the duty of said tax collector to collect the tax which may be levied in pursuance of this Act at such times as the ordinary may direct, and pay the same to the county treasurer, who shall receipt and keep the same as a separate fund and pay it out only on the order of the ordinary, and shall report to the said ordinary the names of all persons who fail or refuse to pay said tax. Commissioners to report road hands to tax collector. Taxhow collected, paid over and applied. Tax collector to report defaulters. Sec. IX. Be it further enacted , That any person or persons subject to road duty, who shall prefer to work the road in person or by proxy (the contractor to have the right to reject the proxy), shall have the right to do so, and shall work four days in the year on the roads in his district, under the direction of the contractor for the same, whose receipt for such good labor shall be good against the capitation tax, and be charged as cash against said contractor; and Page 626 any person failing or refusing to pay the commutation tax for road duty shall be subject to all the penalties already provided by law, and his wages subject to garnishment by the tax collector, whose duty it shall be to proceed by execution, garnishment or attachment for contempt as now provided by law. Persons preferring to work may do so. Defaultershow liable. Sec. X. Be it further enacted , That the tax collector of said county shall be entitled to the same per cent. upon the collection of said road taxes or receipts for labor as is by law allowed for the collection of State taxes. Pay of tax collector. Sec. XI. Be it further enacted , That said commissioners shall hold their office for the term of four years, excepting those first elected; one-half of whom, to be determined by lot on their first meeting, shall hold said office for the term of two years. Upon the expiration of the terms of said commissioners, their successors shall be elected by the grand jury which shall first thereafter be in session in said county, and all vacancies, by death, resignation or otherwise, shall be filled for the unexpired term in the same manner, and the result of all regular and special elections of said commissioners shall constitute a portion of the special presentments of said grand jury, and, when any grand jury shall fail to discharge any duty herein specified, the next succeeding grand jury shall discharge said duty. Term of office of commissioners. Vacancieshow filled. Sec XII. Be it further enacted , That said commissioners shall meet at the capital of the county on the first Saturday in January, April, July and October of each year for the transaction of business, and shall have power to adjourn from day to day. Special meetings may be called by any three of the commissioners upon personal notice in writing to all the commissioners in the county at said time, or upon publication in a public gazette at the capital of such county for ten days before the date of the meeting. Quarterly meetings. Special meetingsnotice of. Sec. XIII. Be it further enacted , That the provisions of this Act shall not apply to the incorporate towns of Summerville, Trion Factory and Raccoon Mills, except that they shall be liable for any ad valorem tax levied by the ordinary of said county, the same as any other portion of said county, and the same shall be paid into the road fund of said county for the purpose of working the roads outside of said incorporations. Exceptions of incorporated towns. Sec. XIV. Be it further enacted , That any person or persons residing in any of the districts of said county for the space of ten days shall be subject to road duty and the provisions of this Act; provided , that this Act shall not be operative or go into effect until recommended by the grand jury. Who shall be liable to road duty. Sec. XV. 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 26, 1883. Page 627 TO AMEND THE ROAD LAWS OF THIS STATE AS THE SAME RELATE TO FLOYD COUNTY, AND TO AUTHORIZE A TAX FOR ROAD PURPOSES. No. 469. An Act to amend the road laws of this State so far as relates to the county of Floyd, and to authorize and require the board of commissioners of roads and revenues of said county to levy and collect a tax for road 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 it shall be the duty of the board of commissioners of roads and revenues of Floyd county, on the first Monday in January after the grand jury of said county recommends that this Act go into effect, and biennially thereafter, and as often as a vacancy may occur, to appoint three commissioners of public roads in each militia district in said county, whose rights, powers, duties, liabilities and immunities shall be the same in all respects as are now prescribed by law, except so far as the same may be modified or allowed by the provisions of this Act. Commissioners for each militia district Rights, powers and duties Sec. II. Be it further enacted , That said road commissioners shall be, and they are hereby authorized and required, by the first Monday in March of each year, to lay off the roads in their respective districts in sections of three, five or more miles each, as they, or a majority of them, shall deem most appropriate, the working and keeping in repair of which, in accordance with specifications to be made out by said road commissioners, which shall be for at least as good a manner of working as now prescribed by the laws of this State, for the term of one or more years, shall be let to the lowest bidder, after twenty days' public notice of the same, which notice shall be by posting at the place of holding justices' court in such district, at the court-house door of the county and by three insertions in the public gazette where the sheriff does his advertising; and it shall be the duty of said road commissioners to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract, and the bond for the faithful performance of the same when made shall be approved by the board of commissioners of roads and revenues of said county, and a copy filed in their office, before the contractor goes to work under the same. Shall lay off roads. Work let to lowest bidder. Notice of letting. Specifications of work. Contractor to give bond. Sec. III. Be it further enacted , That the person or persons with whom said road contracts may be made, shall be required to give a bond with approved security in a sum double the amount agreed to be paid to him or them under said contracts, which bonds shall be made payable to the board of commissioners of roads and revenues of said county and conditioned for the faithful performance of their respective contracts, according to the terms thereof, and the sums for which said work is contracted to be done shall be paid by Page 628 the board of commissioners of roads and revenues, only when the work agreed upon has been faithfully done, according to the terms of their respective contracts, and the same has been certified by a majority of the road commissioners of the district in which the road lies. Bondto whom payablecondition of. Workwhen paid for. Sec. IV. Be it further enacted , That whenever it shall be made to appear to said board of commissioners of roads and revenues upon the report of the road commissioners of any district that the condition of the bonds required to be given in pursuance of the third section of this Act have been violated or not complied with, it shall be their duty to have suit instituted forthwith thereon, and the amount recovered shall be set apart and appropriated as a road fund. Bond- when sued on. Amount recovered a road fund. Sec. V. Be it further enacted , That the person or persons with whom such contracts may be made shall enjoy all the rights, privileges and powers, and shall be subject to all the pains and penalties now prescribed in reference to overseers of public roads, except so far as the same may be affected by this Act. Rights and liabilities of contractors. Sec. VI. Be it further enacted , That the board of commissioners of roads and revenues of said county may, if they see proper, distribute to said contractors the misdemeanor convicts, under such terms as they agree on, and may reserve any portion or portions of the public roads, as they may see proper to work the chain-gang upon. Convicts may be distributed to contractors. Sec. VII. Be it further enacted , That said board, for the building and maintenance of public roads, shall levy a tax upon the taxable property of said county, not exceeding one tenth of one per cent., and shall also, in their discretion, assess the amount at which persons subject to work the public roads of said county may in money commute such labor; provided , that in all cases it shall be the right of any one subject to road duty to work the roads as now provided by law; and such person so working, either in person or by proxy, shall not be subject to said commutation tax; that this Act, so far as it relates to the commutation tax, has no reference to a person liable to road or street duty within the corporate limits of incorporate cities or towns within said county. Tax on property. Incorporate towns excepted. Sec. VIII. Be it further enacted , That it shall be the duty of the road commissioners of the several districts of said county to ascertain and report to the tax collector of said county the names of each and every person in their respective districts, who may be subject to road duty, and give the same to the tax collector, and it shall be the duty of the said tax collector to collect the tax, which may be levied in pursuance of this Act at such times as the board of commissioners of roads and revenues may direct, and shall report to the said board of commissioners the names of all persons who fail or refuse to pay said tax; and it shall be the duty of the tax collector to pay all taxes collected by him under this Act to the county treasurer, to be kept by him subject to the order of the board of commissioners of roads and revenues. Commissioners to furnish tax collector with list of persons liable. Duty of tax collector to collect. Shall report names of all tax defaulters. Shall pay over to county treasurer. Sec. IX. Be it further enacted , That any person or persons subject to road duty, who shall prefer to work the road, in person or by proxy, shall have the right to do so, and shall work such a number of days as may be fixed each year by the said board of commissioners Page 629 of roads and revenues, not to exceed ten days in the year, on the roads in his district, under the direction of the contractor for the same, whose receipt for such good labor shall be good against the commutation tax, and be charged as cash against said contractor; and any person failing or refusing to pay the commutation tax for road duty shall be subject to all the penalties provided by law, and his wages be subject to garnishment by the tax collector, whose duty it shall be to proceed by execution or garnishment against all defaulters by summary process as provided by law. May work or pay tax. How to proceed against defaulters. Sec. X. Be it further enacted , That the road commissioners of said county, at their sessions, shall have power to fine defaulters not less than one nor more than three dollars per day for every day he or they fail to work faithfully, or be imprisoned not exceeding twenty days, at the discretion of the commissioners. Said commissioners shall have power to impose an alternative judgment of fine, or, in default of payment, imprisonment; that summons to road hands may be served personally, or by leaving the same at the most notorious place of abode of the hand to be summoned, twenty-four hours before road-working; provided , this Act shall not go into effect until the grand jury of said county shall so recommend. Commissioners may fine defaulters or imprison. Summonshow served. Grand jury must recommend. Sec. XI. 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 28, 1883. Page 630 TITLE VII. FENCES AND STOCK ACTS. Stock law for Greene, Hancock and Taliaferro counties. Stock law for a portion of Dougherty county. Sheep driving in Thomas county. Stock law for Jasper county. Stock law for Fayette county. Stock law for Warren county. Stock law for portion of Floyd county. To prevent running at large of hogs on St Simon's island. Stock law for portion of Macon county. Stock law for Howard's and Vining's districts of Bibb county. Amending stock law of Monroe county. Stock law for Baldwin county Flint river in Macon county declared a lawful fence. TO REQUIRE THE OWNERS OF ALL HORSES, MULES, Etc., TO KEEP THE SAME FROM RUNNING AT LARGE ON THE LANDS OF ANOTHER IN THE COUNTIES OF GREENE, HANCOCK AND TALIAFERRO, AND FOR OTHER PURPOSES. No. 102. An Act to require the owners of all horses, mules, cows, sheep, goats, hogs, and all other stock of every description, to keep the same from running at large upon the lands of another in the counties of Greene, Hancock and Taliaferro, in this State; to define the rights and liabilities of the owners thereof, and the rights and liabilities of persons damaged by said stock running at large, 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 February, 1884, 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 the counties of Greene, Hancock and Taliaferro, in this State. Unlawful to permit domestic animals to run at large, etc. Page 631 Sec. II. Be it further enacted , That if any of the animals herein named shall commit any trespass or damage to the crops of another, or shall be found running at large on the lands of another, whether enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of the damage sustained, which may be recovered by suit in any court having jurisdiction of the same, subject to the right of appeal, or certiorari , as is provided by law in other civil cases. The provisions of this section shall not apply to the adjacent counties not under the operation of the stock law. Owner liable for damage done by his stock, etc. Appeal and certiorari. Adjacent counties excepted. Sec. III. Be it further enacted , That the party injured, the owner of said land, his tenant, lessee or agent may impound any stock if found trespassing on said land, or running at large, until said damage and cost of taking care of the same shall have been paid, or said stock replevied as is hereinafter provided. Stock may be impounded. Sec. IV. Be it further enacted , That in case any such animals shall be impounded under the provisions of the foregoing section of this Act, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, which shall be considered a part of his damage, and recovered as herein provided. It shall also be his duty, within twenty-four hours after said stock have been impounded, to give notice of the same to the owners thereof or his agent, and if the owner is unknown and cannot be ascertained within three days after the impounding, said stock may be disposed of as provided by law in cases of estrays, except that in case any animal shall be disposed of under the provisions of this Act after the payment of legal costs, the balance, or so much thereof as is necessary, shall be applied to payment of the damages and expenses of the injured party. Stock impounded to be cared for, etc. Notice to owner of impounding. Disposed of as estrays, when. Proceeds of sale how applied. Sec. V. Be it further enacted , That the owners of said stock so impounded or his agent may at any time before said stock is disposed of replevy the same by giving bond and security for the eventual condemnation money. Owner may replevy. Sec. VI. Be it further enacted , That a special lien upon the trespassing animals for the payment of any judgment rendered as aforesaid shall attach from the date of the trespass, superior to all other liens, except taxes and other public dues. Lien on the animals. Sec. VII. Be it further enacted , That the boundary line of each tract, lot or parcel of land in said counties of Greene, Hancock and Taliaferro shall be, and the same are hereby declared lawful fences. Land lines in said counties lawful fence. Sec. VIII. 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 25, 1883. Page 632 TO REGULATE FENCES AND ENCLOSURES IN THAT PART OF DOUGHERTY COUNTY LYING WEST OF FLINT RIVER. No. 124. An Act to regulate fences and enclosures in all that part of the county of Dougherty lying west of the Flint river. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, no horse, mule, hog, goat, or any other animal or animals used or fit for food or labor, or raised for profit, shall be permitted to run at large beyond the limits of the land of the owner or manager of said animals, but the owners or managers of such animals shall keep the same confined to their own lands, or fully controlled, so as to prevent their trespassing in any way upon the lands of others, or their crops, of any kind whatever, in all that part of said county lying west of said Flint river. No domestic animal to run at large. Sec. II. Be it further enacted , That sections Nos. 1449, 1450, 1451, 1452, 1453, 1454 and that part of section 1455 marked ( d ), all in the present Code of Georgia, shall form and be a part of this Act. Sections of Code made part of Act. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of the citizens of that part of Dougherty county lying west of the Flint river to provide a suitable fence, on or near the lines of said county, between said county and the counties of Lee, Terrell, Calhoun and Baker, and have and keep suitable gates upon all the roads leading from said last-named counties into the said county of Dougherty, before this Act shall be operative. Fence on county line to be provided. Between said county. Suitable gates to be made, etc. 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 September 4, 1883. TO PREVENT HERDING AND DRIVING, OR HERDING OR DRIVING, SHEEP FROM THEIR RANGE WITHOUT GIVING NOTICE THEREOF. No. 164. An Act to prevent any person in Thomas county from herding and driving, or herding or driving, sheep from the range or ranges where they use or graze without first giving notice, 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 same , That from and after the passage of this Act, no person in Thomas county shall be permitted to herd and drive, or herd or drive, sheep from the range or Page 633 ranges where they use or graze, without first giving ten days' previous written notice of their intention so to do by posting the same at the door of the justice court and at two of the most public places in the militia district in which said range or ranges may be located, specifying in said notice the time and place, when and where said herding and driving, or herding or driving, shall take place. Notice must be given of intention to change range of sheep Sec. II. Be it further enacted by the authority aforesaid , That any person or persons 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 1882. Violators punished. 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 12, 1883. TO REQUIRE OWNERS OF DOMESTIC ANIMALS TO PREVENT THEIR RUNNING AT LARGE ON THE LANDS OF ANOTHER IN JASPER COUNTY. No. 168. An Act to require the owners of all horses, mules, cows, sheep, goats, hogs, and all other stock of every description, to keep the same from running at large upon the lands of another in Jasper county; to define the liabilities of said owners and the rights of persons damaged by said stock running at large. Section I. The General Assembly enacts , That from and after the first day of February, 1884, it shall be unlawful for the owner of any horse, mule, cow, sheep, goat, hog, or stock of any description, to allow the same to run at large upon the land of another in Japser county; provided , such owner or proprietor of lands shall furnish pasturage for at least one cow and calf for the family of each tenant; provided , the tenant will do his portionable part of fencing for the same. Unlawful to run at large in Jasper county. Landlords to furnish pasturage, etc. Sec. II. Be it further enacted , That 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 upon the lands of another, whether such crops or land are enclosed or unenclosed, the owner of said stock shall be liable to the person damaged, the amount of actual damages sustained by him, and the party injured, or the owner of said land, his agent or tenant, may impound said stock until such damages, costs and expenses of taking up and impounding the same shall be paid by the owner of said stock. Owner liable for damages. May impound stock. Sec. III Be it further enacted , That in case any such animals shall be impounded under the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation as herein provided. Page 634 It shall also be his duty, within twenty-four hours after taking up said stock, to give notice of the same to the owner thereof, and 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, and in case any animal shall be disposed of as estrays, after paying all legal costs, the balance, or so much thereof as may be necessary, shall be applied to the payment of the damages and expenses of the injured party, or the person impounding the same. Care must be given impounded animals. Notice to owner. Stockhow disposed of. Proceeds of sale applied. Sec. IV. Be it further enacted , That in case of disagreement between the party claimed to be damaged and the owner 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 file his complaint in any justice or other court having jurisdiction of the same, setting forth the amount claimed, and the subsequent proceedings in said suit, including the issuing and serving of process, shall be the same as in other suits before said courts, except that the said suit shall stand for trial at the first term of the court after the filing of the same. Any judgment that may be rendered in favor of the plaintiff in any suit originating under the provisions of this Act shall have a special lien on the animals impounded from the date of the trespass complained of, superior to all other liens, except taxes, and may be enforced by execution as in other cases. Whenever any case shall be tried in a justice court, and either party shall be dissatisfied with the judgment of said court, said party shall have the right of appeal or certiorari under the laws regulating appeals and certioraris in other cases, and the owner or claimant of the animals so trespassing shall have the right, in all cases and at any stage thereof, to replevy said animals by giving bond and security, conditioned to pay the plaintiff all damages and costs which may be recovered against them in said suit. Disagreement as to damages how settled. Proceedings on trial. Special lien. How enforced. Appeal or certiorari Right to replevy. Sec. V. Be it further enacted , That if any person shall unnecessarily, or out of mere vexation, take up or impound any animal or animals, or after impounding the same shall fail to give the notice required in the second section of this Act, or to estray them, in case the owner is not known or ascertained within the time therein prescribed, or shall fail to give the proper care and attention herein provided, or in any manner injure said animal or animals, such person so acting shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of this State, and shall moreover be liable to the owner or claimant of said stock for all damages they may sustain in the premises; provided , that the provisions of this Act shall not authorize the impounding of stock belonging to citizens of adjoining counties not having a stock law. Unlawful impounding, etc., a misdemeanor. How punished. Liable to owner for damages. Stock of citizens of adjacent counties excepted. 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 12, 1883. Page 635 TO DECLARE LAND LINES BETWEEN OWNERS LAWFUL FENCES IN FAYETTE COUNTY, Etc. No. 207. An Act to make land lines between land owners lawful fences, and for other purposes, for Fayette county, Georgia. 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 , From and after the first day of February, 1884, it shall be unlawful for the owners of any horses, mules, cows, sheep, goats, hogs, or stock of any other description, to allow the same to run at large upon the lands of another in the county of Fayette, in this State. Unlawful to run at large, etc Sec. II. Be it further enacted , That if any of the animals herein named shall commit any trespass or damage to the crops of another, or shall be found running at large on the lands of another, whether enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of the damage sustained, which may be recovered by suit in any court having jurisdiction of the same, subject to the right of appeal or certiorari , as provided by law in other civil cases. Owner of stock liable for damages. Appeal or certiorari allowed Sec. III. Be it further enacted , The party injured, the owner of said land, his tenant, lessee or agent may impound any stock if found trespassing on said land or running at large, until said damage and costs of taking care of the same shall have been paid, or said stock replevied, as is hereinafter provided. Stock may be impounded. Sec. IV. Be it further enacted , That in case any such animals shall be impounded under the provisions of the foregoing section of this Act, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, which shall be considered a part of his damages and recovered as herein provided. It shall also be his duty within twenty-four hours after said stock have been impounded to give notice of the same to the owner thereof or his agent, and if the owner is unknown or cannot be ascertained within three days after the impounding, said stock may be disposed of as is provided by law in cases of estrays, except that in case any animal shall be disposed of under the provisions of this Act after the payment of legal costs the balance, or so much as is necessary, shall be applied to the payment of the damages and expenses of the injured party. Proper care to be given. Notice to owner of stock. How disposed of. Proceeds of salehow disposed of. Sec. V. Be it further enacted , The owner of said stock so impounded, his agent or attorney, may at any time before said stock is disposed of replevy the same by giving bond and security for the eventual condemnation money. May replevy. Sec. VI. Be it further enacted , That the boundrary line of each tract, lot or parcel of land in said county of Fayette shall be, and the same is hereby declared lawful fences. Boundary lineslawful fence. 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 September 15, 1883. Page 636 TO REQUIRE OWNERS OF DOMESTIC ANIMALS IN WARREN COUNTY TO PREVENT THE SAME FROM RUNNING AT LARGE, Etc. No. 225. An Act to require the owners of horses, mules, hogs, sheep, goats, cows and cattle, and stock of all kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the county of Warren, and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereby. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the first day of January, 1884, 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 Warren county, whether enclosed or unenclosed. After Jan. 1, 1884. un lawful to run at large, etc. Sec. II. Be it further enacted , That if any of the animals named in the foregoing section shall commit any trespass or damage to the crops or property of another, or shall be found running at large on the premises of another, whether such crops, property or premises are enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in 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 costs and expenses, or if no damages, the cost and expense of taking up and impounding the same, may have been paid by the owner thereof. Owner of animals liable for trespass. May be impounded. Sec. III. Be it further enacted , That in case any such animals may have been impounded under the provisions of the foregoing section, the party so impounding 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 costs, the balance shall be applied first to damages and expenses incurred by the injured party or the person so impounding; provided , the owner of such stock, when sold under estray notice, shall have the right to redeem, within six months after such sale, the same by reimbursing the purchaser in the full amount paid for such stock, the reasonable expense of caring for the same, with ten per cent. additional upon the actual purchase money. Impounded stock to be properly cared for. Notice to owner. When and how disposed of. Proceeds of salehow applied. Sec. IV. Be it further enacted , That in case of disagreement between the party claimed to be damaged or the taker-up of said stock and the owner of the same as to the amount of damage sustained Page 637 on account of the alleged trespass, or the expenses of feed and attention, the party claiming said damages or expenses may sue for the same as in other cases of trespass; provided , nevertheless, that said suit shall stand for trial at the first term of the court to which it is brought; and provided further , that a special lien upon the trespassing animals for the payment of the judgment obtained shall attach from the date of the trespass. Disagreementhow tried. Special lien. Sec. V. Be it further enacted , That in cases of litigation, as contemplated by the preceding section, the owner of said stock may replevy the same by giving bond with good security, to be approved by the ordinary of the county, conditioned to pay plaintiff all damages and costs which may be recovered against him in said suit; provided , that nothing contained in this Act shall affect cattle of any kind owned by citizens of McDuffie and Glascock counties, so long as said counties have no similar law. Replevy. Exceptions. 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 18, 1883. TO SUBMIT TO THE QUALIFIED VOTERS OF CERTAIN POR TIONS OF FLOYD COUNTY THE QUESTION WHETHER ENCLOSED LAND LINES SHALL BE DEEMED LAWFUL, FENCE. No. 233. An Act to submit to the qualified voters of certain districts or parts of districts in the county of Floyd the question as to whether enclosed land lines within said limits shall be held and regarded as lawful fences. Section I. Be it enacted by the General Assembly of Georgia , That upon a compliance with the provisions of section 1455 of the Code of 1882, in so far as the same relates to the manner of petitioning the ordinary for an election on the question of Fence or No Fence, the ordinary of the county of Floyd shall order an election, in which shall be submitted to the voters embraced within the following described limits within the county of Floyd, or of any militia district or part of district therein, the question, Enclosed Land Line a Lawful Fence, or Enclosed Land Line no Lawful Fence, to-wit: Beginning at the eastern boundary line of the said county of Floyd, at the point of high water-mark on the Oostanaula river, on the north or right bank of said river, then running along the eastern boundary of said county to the southeast corner of said county, thence west along the southern boundary to the southwest corner of said county, thence northerly along the western boundary to the point of high water-mark on the northern or right bank of the Coosa river. thence in a northeasterly direction along the line Page 638 of high water-mark on the northern or right bank of first the Coosa and then of the Oostanaula rivers to the starting point, 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 within the limits for which such election is applied for. The returns of said election shall be made to the ordinary, and the result proclaimed in the manner prescribed by section 1455 of the Code. If the lawful majority in said election is for enclosed land lines a lawful fence, then the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 shall take effect within the limits for which such election is ordered and held. Election to be held. The question to be settled. The portions of county to be affected. Electionwhere held Notice ofhow given. Resulthow proclaimed. 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 19, 1883. TO PREVENT HOGS FROM RUNNING AT LARGE ON ST. SIMON'S ISLAND, GLYNN COUNTY. No. 239. An Act to prevent the running at large of hogs upon the island of St. Simon's, county of Glynn, 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 that any hog or hogs found outside of the enclosure of the owner or owners shall be taken up and delivered to the justice of the peace of said district, who shall after three days notice sell at public outcry to the highest and best bidder, and after deducting the sum of one dollar each for the expenses of keeping said hog or hogs, shall deposit the remainder of the proceeds of said sale in the hands of the county treasurer for educational purposes. But nothing contained in this Act shall be so considered as to prevent the owner or owners of said hog or hogs at any time before the sale from recovering the same by paying actual expenses for taking up and keeping the same. Hogs not to run at large. How disposed of and by whom. Proceedshow disposed of. Owner may recover. 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 19, 1883. Page 639 STOCK LAW FOR MACON COUNTY. No. 248. An Act to require the owners of horses, mules, cows, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of another in that portion of Macon county east of Flint river, including the 543d and 770th districts of said county; to define the liabilities of said owners and the rights of persons damaged by said stock so running at large. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the first of March, 1884, it shall not be lawful for any person owning or in charge of any horse, mule, cow, sheep, goat, hog or stock of any kind, to permit the same to run at large upon the lands of another in that portion of Macon county east of Flint river, including the 543d and 770th districts of said county, 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 districts of said county shall be liable for the actual damage which such animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Running at large of stock forbidden. Territory included. Penalty. 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 districts in said county upon the premises of another 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 for the actual damage committed, including all costs and expenses in impounding and keeping the same unless disposed of as hereinafter provided; provided further , that the owner or person having in charge any of said animals so enumerated shall be liable to the amount of said actual damages so committed whether said animals running at large be impounded or not. Animals may be impounded. Damages. 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 facts 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 Page 640 commenced within one year from the date of such bond; if the parties shall fail to agree upon the amount of damages and expenses sustained, or the owner of such animals shall replevy them as above provided, then the party may file his complaint in any justice or other court having jurisdiction of the same, setting forth the amount claimed, and the subsequent proceedings in said suit, including the issuing and serving of process, shall be the same as in other suits before said courts, except that the said suit shall stand for trial at the first term of the court after the filing of the same. Any judgment that may be rendered in favor of the plaintiff in any suit originating under the provisions of this Act shall have a special lien on the animal impounded from the date of the trespass complained of superior to all other liens, except taxes, and may be enforced by executions as in other cases. Whenever any case shall be tried in a justice court, and either party shall be dissatisfied with the judgment of said court, said party shall have the right of appeal or certiorari under the laws regulating appeals and continuances in other cases. Duty of person impounding. Bond. Suit for damages 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. Sale of animals impounded. Disposition of proceeds. Sec. V. Be it further enacted , That whenever any of said animals are impounded as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them as provided in section third of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882; provided , that the provisions of this Act shall not authorize the impounding of stock belonging to citizens of adjoining counties not having a stock law. Unlawful release from pounds. Penalty. 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 19, 1883. Page 641 STOCK LAW FOR HOWARD'S AND VINEVILLE DISTRICTS, OF BIBB COUNTY. No. 369. An Act to prevent the running at large in Howard and Vineville districts, of Bibb county, Georgia, of all horses, mules, cattle, sheep and swine, and 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 from and after January 1, 1884, it shall not be lawful for any person owning or in charge of any horse, mule, cow, hog, sheep, or any other animals, to permit the same to run at large in Howard and Vineville districts, of Bibb county, 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 districts, shall be liable in three times the damages which such animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Running at, large of animals for-idden. Liability for damages. 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 districts 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. Impounding. 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 animals, 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 the party damaged a good and sufficient bond in double the amount of damages claimed for the forthcoming of such amounts, to answer any judgment that may be obtained against him in any suit, to be commenced within one year from date of such bond; if the parties shall fail to agree upon the amount of damages and expenses sustained, or the owners of such amounts shall fail to replevy them as above provided, then the party may, within forty-eight hours, make complaint to the justice of the district in which the damages were committed, and if there is no justice in said district, then to Page 642 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 expense, impounding, care and feed of such animal or animals, which shall be enforced by execution, levy and sale, as other judgments of such justice. Duty of person impounding. Bond. Suit for damages. 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 time of impounding the same, they shall be disposed of as provided by law in case of estrays, except that in 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. Sale of animals impounded. 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 24, 1883. STOCK LAW OF MONROE COUNTY AMENDED. No. 418. An Act to amend an Act entitled 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, approved September 29, 1881, by imposing additional liabilities, penalties, etc. 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 1 of an Act entitled an Act to protect the farming interests of Monroe county, in this State, by making parties who permit animals to run at large liable for damages, etc., approved September 29, 1881, be amended as follows: After the word uninclosed, in the last line of said section, there be added the following words, to-wit: or whether such animal or animals be impounded or not impounded, and should any person or persons remove any stock impounded in pursuance of the provisions of said Act, without first having replevied the same, or without the consent of the person so impounding, the person or persons so removing shall be guilty of a Page 643 misdemeanor, and on conviction thereof shall be fined in a sum not exceeding fifty dollars, to be recovered as provided in said Act, or imprisoned not exceeding thirty days, so that said section, when so amended, shall read as follows: 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 above enumerated animals, 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, or whether such animal or animals be impounded or not impounded, and should any person or persons remove any stock impounded in pursuance of the provisions of said Act, without first having replevied the same, or without the consent of the person so impounding, the person or persons so removing shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding fifty dollars, to be recovered as provided in said Act, or imprisoned not exceeding thirty days. Additional liabilities. Unlawful release of animals. 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 27, 1883. STOCK LAW FOR 318TH AND 319TH DISTRICTS, G. M., OF BALDWIN COUNTY. No. 430. 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 within the 318th and 319th militia districts, in Baldwin 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 February, 1884, 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 within the 318th and 319th militia districts, in Baldwin county Running at large of animals forbidden. 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 Page 644 shall be liable to the person damaged in the actual amount of 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 expenses of taking up and impounding same, may have been paid by the owner thereof. Liability for damages. Impounding. Sec. III. In case any such animals shall be impounded under the provisions of the foregoing section the party so impounding 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. Duties of person impounding. Sale of animals impounded. 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 the actual amount of 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: 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. Suits for damages. Lien of judgment. Appeal. 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; provided , that the provisions of this bill shall not apply to any part of Baldwin county except the 318th and 319th districts of said county; provided, further , that good and substantial fences shall be erected around the lines of said 318th and 319th districts, to prevent the incursions of stock from other districts in said county, and shall first establish proper gates wherever such fences so erected shall cross public and private ways, before the provisions of this Act shall apply Page 645 to said 318th and 319th districts; and the ordinary of the county of Baldwin is hereby authorized, upon the petition of two thirds of the tax-payers living or owning property in said 318th and 319th districts, to levy a tax upon the property of said 318th and 319th districts sufficient to defray the expense of erecting and maintaining said line fences and gates. Bond. Fences to be erected. Sec. VI. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 28, 1883. FLINT RIVER IN MACON COUNTY DECLARED A LAWFUL FENCE No. 473. An Act to declare that portion of Flint river which flows through the county of Macon, in this State, a lawful fence. 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 portion of Flint river which flows through the county of Macon, in this Staae, be, and the same is hereby made and declared to be a lawful fence. Flint river in Macon county declared a lawful fence. 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 28, 1883. Page 646 TITLE VIII. EDUCATIONPRIVATE. ACTS. Transfer of LeVert Female College to town of Talbotton. Pay of public school teachers in Rabun county Public schools for LaGrange. TRANSFER OF LeVERT FEMALE COLLEGE TO TOWN OF TALBOTTON. No. 40. An Act to authorize the trustees of LeVert Female College, located at Talbotton, Georgia, to transfer the legal title to the college buildings and grounds, apparatus, furniture, etc., together with the rights, powers and franchises, to the mayor and council of the town of Talbotton, to be used and occupied for educational purposes, and for other purposes. Section I. Whereas, there is a certain mortgage execution in favor of William Stallings against LeVert Female College, located at Talbotton, Georgia, upon which said execution there is due the sum of three hundred and fifty dollars; and whereas, there is no funds belonging to said college with which to pay off said execution; and whereas, the mayor and council of the town of Talbotton propose to pay the same, and obligate themselves to keep said college buildings and grounds in proper repair, and allow the same to be used for the same purposes as heretofore, in consideration that the trustees of said college will make titles to the buildings and grounds, furniture, apparatus, together with the rights, powers and franchises heretofore granted to the trustees of said college by the General Assembly of Georgia, by an Act approved March 3, 1856: therefore Transfer authorized. Sec. II. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the trustees of LeVert Female College, located at Talbotton, Georgia, be, and they are hereby authorized and empowered to make titles in fee simple to said college buildings and grounds, furniture and apparatus, together with the rights, powers and franchises heretofore granted to the trustees of said Page 647 college by an Act of the General Assembly of Georgia, approved March 3, 1856, to the mayor and council of the town of Talbotton and their successors in office; provided , said mayor and council shall pay off a certain mortgage execution in favor of William Stallings against said college for the sum of three hundred and fifty dollars, and obligate themselves to keep said college buildings and grounds in proper repair, and allow the same to be used for the same purposes as heretofore. Titles to be made. Terms of transfer. 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 December 11, 1882. PAY OF PUBLIC SCHOOL TEACHERS IN RABUN COUNTY. No. 158. An Act requiring the teachers of public schools of Rabun county to be paid for the average attendance of pupils, and not exclusively, according to the grade of teaching. 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, teachers of public schools in Rabun county shall be paid for the average attendance of pupils, and not exclusively, according to the grade of teaching. Payment regulated by average attendance. Sec. II. Be it further enacted by the authority aforesaid , That in order to carry out the provisions of the first section of this Act, the school fund of said county shall not be distributed pro rata among the several militia districts in proportion to the number of children in each entitled to said fund, as is provided by law, but shall be constituted a general county fund for school purposes. School fund to be a general county fund. 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 12, 1883. PUBLIC SCHOOLS FOR LAGRANGE. No. 487. An Act to establish a system of public schools for the city of LaGrange, 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 , That authority is hereby granted the mayor and council Page 648 of the city of LaGrange, Georgia, to establish a public school system within the corporate limits of said city, upon such terms, conditions and restrictions as may be deemed advisable by said city authorities, and to levy and collect an annual tax for the support and maintenance thereof, not to exceed one-half of one per cent. Mayor and council to establish public schools. Tax therefor. Sec. II. Be it further enacted by the authority aforesaid , That should the mayor and council of said city resolve to order an election for the purpose of ascertaining the will of the citizens of said city, they shall have ballots prepared with the following words: For Public Schools, or Against Public Schools; but no person shall vote at such election unless he has resided in this State one year, in the county of Troup six months, and has been a bona fide resident of said city for sixty days preceding said election, and who has paid all taxes, State, county and municipal, as required by law, and who shall, in addition to the poll tax, pay a property tax to said city authorities, and is otherwise a qualified voter; and should two-thirds of such persons vote for public schools at such election, then the city authorities are authorized, in their discretion, to establish the same, and if at the first election under this Act two-thirds of the votes of persons qualified to vote at said election should fail to vote for the establishment of public schools, then and in that event authority is hereby granted the mayor and city council to order a new election every twelve months thereafter until said public schools may be carried by two-thirds of the persons qualified to vote at said elections under the provisions of this Act, and to prescribe who shall be beneficiaries of such school fund; provided , that the money derived from the taxation of the white population shall be appropriated solely to the establishment and maintenance of schools for the white children, and that derived from the taxation of the colored population shall in like manner be appropriated solely to the establishment and maintenance of schools for the colored children. Election to be held. Voters. Result of election. New elections. Apportionment of funds. Sec. III. Be it further enacted by the authority aforesaid , That should such two-third vote be in favor of public schools, and it should be deemed advisable to establish the same by the city authorities, then J. T. Johnson, E. D. Pitman, T. S. Bradfield, B. G. Swanson, F. M. Langley, Henry Banks, Jr., and the mayor of said city of LaGrange, are hereby appointed a board of education of said city, with power to prescribe such rules for the government of said schools, to employ all teachers, fix their compensation, prescribe their duties, dictate the course of studies, the organization of classes, the number and character of text-books, the methods of teaching, the time and mode of examinations, and to make and enforce a complete system of rules for the government and efficiency of the schools as respects both teachers and pupils. Board of education. Powers. Sec. IV. Be it further enacted by the authority aforesaid , The mayor of said city shall, by virtue of his office, be president of said board, and said board may also prescribe such rules for their own government as they may think proper, and have power to fill all vacancies of the board by appointment or otherwise, and should said schools, in the opinion of at least five members of such board, fail to Page 649 accomplish the objects for which they were established, the mayor and council shall thereupon be served with written notice, signed by at least five out of the seven members of said board, in which event it shall not be lawful to levy or collect any tax for the further support of said school so long as said notice remains unrevoked by at least five of said board. President of board. Rules for board. Vacancies. Discontinuance of system. Sec. V. Be it further enacted by the authority aforesaid , That so long as the Southern Female College and the LaGrange Female College of said city will comply with such rules and regulations as may be prescribed by said board of education, then said two female colleges may receive their pro rata of the public school fund, or such amount as may be agreed upon between said board and said colleges. Pro rata for female colleges. Sec. VI. Be it further enacted by the authority aforesaid , That said mayor and council are hereby empowered to pass such ordinances as may be necessary for collecting and disbursing the school fund; may, if necessary, elect a treasurer, and require bond and security. Ordinances as to school fund. Sec. VII. Be it further enacted by the authority aforesaid , That the county school commissioners of Troup county be authorized to pay over to said board of education such pro rata part of the school fund as may be due such public schools within said city. Pro rata of county funds. Sec. VIII. Be it further enacted by the authority aforesaid , That the white and colored children of said city shall be taught in separate schools. Separate schools for different races. 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 29, 1883. Page 650 TITLE IX. MISCELLANEOUS. ACTS. Floyd Rifles, exemption from jury duty. New court-house for Hancock county. Hire of convicts in Greene county. Macon Volunteers, exemption from jury duty. Mill creek in Cherokec county, obstructions of. Working Yam Grady creek, in Emannel county. Powers of mayor, etc., Americus, over Flint river bridge. New court-house for Sumter county. Extra tax in Warren county. Muscogee county, place for legal sales in changed. Southern Rifles granted certain exemtions. Sale of cotton in the seed in Twiggs and Wilkinson counties. Cuthbert Light Infantry exempted from street duty. Dog tax in Floyd county. Clinch military company exempted from jury duty. New court-house for Randolph county. Baldwin Blues exempted from jury and road duty. Butchers, etc., Bibb county, to submit books to grand jury. New court-house for Baldwin county. Atlanta Chamber of Commerce, board of arbitration for. Care of orphaus by Methodists' Orphan's Home. Registration of voters in Fulton county. New jail for Chatham county. FLOYD RIFLES EXEMPTED FROM JURY DUTY. No. 45. An Act to grant to the Floyd Rifles, a volunteer military company in the city of Macon, certain exemptions from jury duty, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That fifteen (15) honorary members of the Floyd Rifles, a volunteer military company in the city of Macon, shall be, and the same are hereby exempted from all jury duty, in the county of Bibb, upon the conditions hereinafter prescribed. Number of honorary members exempted. Page 651 Sec. II. Be it further enacted by the authority aforesaid , That during the first week in January and July of each year the company shall, in such manner and on such terms as prescribed by its by-laws, select the honorary members to be so exempted, and within ten days after such selection file with the clerk of Bibb superior court, and with the judge or clerk of Bibb county court, a list of those so selected, said list to be certified by the commanding officer. Conditions of exemption. Sec. III. Be it further enacted by the authority aforesaid . That should any of the honorary members so selected fail to comply with the rules, regulations and by-laws of said Floyd Rifles, said company shall drop them from said list, and so notify the clerk of the superior court, and judge or clerk of the county court, whereupon the exemption of such member or members so dropped shall cease. Exemption withdrawn. Sec. IV. 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 December 12, 1882. AUTHORIZING THE ORDINARY OF HANCOCK COUNTY TO SUBMIT TO THE QUALIFIED VOTERS OF SAID COUNTY THE QUESTION OF ISSUING COUNTY BONDS TO PAY FOR A NEW COURT HOUSE, Etc. No. 9. An Act to authorize the ordinary of Hancock county to submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a new court-house in said county, and to authorize the judge of the county court and the county treasurer to sign and issue said bonds and coupons attached, in case two-thirds of the qualified voters of said county voting at said election shall cast their ballots in favor of said bonds; also, for the sale and redemption of said bonds, 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 it shall be the duty of the ordinary of Hancock county, and he is hereby authorized and empowered to submit to the qualified voters of said county, at an election to be held for that purpose, the question of issuing bonds of said county, with coupons attached, for the purpose of paying for a new court-house now being erected in said county. Ordinary to submit to qualified voters the question of issuing bonds, etc. Electionwhere to be held. Sec. II. Be it further enacted by authority of the same , That said ordinary shall order said election to be held at the various election precincts in said county, and shall publish said order once a week for four weeks in the newspapers in which the county advertising is done before said election shall take place. Order for electionhow published, etc. Sec. III. Be it further enacted , That all persons qualified to vote Page 652 for members of the General Assembly are hereby authorized to vote in said election, and that said elections shall be held at the same places and in the same manner as prescribed by law for the election of county officers, and that each voter shall have written or printed on his ticket, For Bonds, or Against Bonds. Who may in said election. Sec. IV. Be it further enacted by authority aforesaid , That the returns of said election shall be made and submitted to the ordinary of said county, who is authorized and empowered to pass upon the same and declare the result. Returns made to ordinaryresult to be declared by him. Sec. V. Be it further enacted by authority aforesaid , That if two-thirds of the voters voting in said election shall cast their ballots for bonds, and the ordinary shall so declare, it shall be the duty of the judge of the county court of said county to have prepared and issued the bonds of said county, not to exceed fifteen thousand dollars in denominations as follows: five thousand dollars in one-hundred dollar bonds, and five thousand dollars in five hundred dollar bonds, and five thousand dollars in one thousand dollar bonds, to which shall be attached coupons bearing seven per cent. interest per annum, payable semiannually on the first day of January and July of each year upon their presentation to the county treasurer. Two thirds vote required for bonds. When to issue bonds. Amount limited. Denomination and description Rate of interest, etc. Sec. VI. Be it further enacted , That said bonds and coupons shall be signed by the county judge of said county and countersigned by county treasurer of said county in their official capacity, and the faith and credit of said county are hereby pledged for their payment. Bonds and couponshow sig ed and countersigned. Sec. VII. Be it further enacted , That said bonds shall become due and redeemable as follows: two thousand dollars on January first, 1884, and two thousand dollars annually therearter until all of said bonds are paid, and the county authorities of said county authorized by law to levy taxes for county purposes are hereby required to provide for their payment by taxation as they become due. Principalwhen due and payable. Paymenthow provided for. Sec. VIII. Be it further enacted , That the judge of the county court of said county, when said bonds have been duly printed and signed as hereinbefore provided, shall put the same upon the market at not less than their par value, and shall deposit the proceeds arising from their sale with the county treasurer of said county, to be drawn upon by warrant, for the purpose of paying for the building of the court-house. County judge to sell same. Shall deposit proceeds with county treasurer. Sec. IX. 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 December 8, 1882. Page 653 HIRE OF CONVICTS IN GREENE COUNTY. No. 49. An Act to appropriate the proceeds of the hire of convicts, convicted of misdemeanors and serving on county chain-gangs from the county of Greene, to the payment of insolvent costs due the different officers of said county. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, the proceeds of the hire of convicts from the county of Greene, convicted of misdemeanors and serving on county chain-gang, shall be appropriated to the payment of insolvent costs due, or may be hereafter due, to the different officers of said county. Proceeds appropriated to insolvent costs. Sec. II. Be it further enacted by the authority aforesaid , That the costs due each officer in the case from which said fund may arise shall be first paid on the insolvent orders according to date of record. Costshow paid. 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 December 12, 1882. MACON VOLUNTEERS EXEMPTED FROM JURY DUTY. No. 60. An Act to exempt from jury duty certain members of the Macon Volunteers. Section I. Be it enacted by the General Assembly of the State of Georgia , That there shall be exempt from jury duty twenty-five honorary members of the Macon Volunteers, a volunteer military organization in the city of Macon. Number of honorary members exempted. Sec. II. Be it further enacted , That at the first regular meeting in January of each year, the said company shall elect those members who shall be exempt from jury duty under this Act, and when such members have been elected, it shall be the duty of the captain of said company to have a list of such members prepared and put upon the roll-book of the company, and shall give to the clerk of the superior court a copy of such list, certified under his hand as captain of the company. Conditions of exemption. Sec. III. Be it further enacted , That the company shall have full power and authority to fix the dues of such honorary members, and take such measures as may be necessary to enforce the payment of such dues. Dues of honorary members. 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 December 12, 1882. Page 654 OBSTRUCTIONS IN MILL CREEK, IN CHEROKEE COUNTY. No. 140. An Act to provide for the removal of all obstructions in the run of Mill creek, in the county of Cherokee, State of Georgia, between the head of Hudson Wylie's mill pond and William Wayne's mill-dam. 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 owner of the run of Mill creek, in the county of Cherokee, between the back waters of the mill pond of Hudson Wylie and the milldam of William Wayne, be required to keep all obstructions of logs, rafts, brush and other litter out and from the run of said creek on their respective lands. Obstructions to be removed. Limits. Sec. II. Be it further enacted by the authority aforesaid , That if any owner of the said run of said creek, between the said points, fail and refuse to remove such obstructions of logs, rafts, brush and other litter from the run of said creek, and to keep them removed, then it shall be lawful for any owner of any part of said run of said creek to enter upon the property of the person or persons refusing and failing to remove such obstructions and remove the same. Failure to remove. 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 15, 1883. WORKING AND KEEPING IN GOOD CONDITION GAM GRANDY CREEK, IN EMANUEL COUNTY. No. 146. An Act to provide for working and keeping in good condition, as a timber stream, the Gam Grandy creek, in Emanuel county, from Moring's mill on said creek to where said creek empties into the Great Ohoopee river, 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 the duty of the road hands, under the direction and supervision of the creek commissioners and road commissioners in the militia district in Emanuel county, through which said Gam Grandy creek runs, to remove all obstructions in said Gam Grandy creek from Moring's mill on said creek to the place where said creek empties into the Great Ohoopee river in said county, such obstructions to be so removed and kept removed so that said Gam Grandy creek shall be kept in good condition as a stream for the floating of logs and rafts of timber. Obstructions to be removed. Limits. Page 655 Sec. II. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, it shall be the duty of the county commissioners of Emanuel county to appoint one commissioner in each militia district, who shall be known as creek commissioners in the militia district, through which that portion of Gam Grandy creek flows from Moring's mill to where said creek empties into the Great Ohoopee river, whose duty it shall be to act in concert with the road commissioners of said districts, and to apportion all road hands in such militia districts to work on that portion of the Gam Grandy creek above mentioned. Creek commissioners. Duties. 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 8, 1883. POWERS OF MAYOR AND COUNCIL OF AMERICUS OVER FLINT RIVER BRIDGE. No. 176. An Act to amend an Act entitled an Act to ratify and confirm the action of the mayor and council of the city of Americus in building a bridge across Flint river; to provide a mode for assessing the land or property of any one taken for the use of said bridge, and to authorize the charging of toll on said bridge, and other provisions in relation to the same, assented to February 27, 1875, so as to authorize said mayor and council to sell, have, alien or rent said bridge, and to release said mayor and council from all liability on account of the negligence or conduct of the lessee or assignee. Section I. Be it enacted by the General Assembly of Georgia , That the Act above recited be amended as follows: The said mayor and council shall have the power and authority to sell, alien and dispose of said bridge, with all the rights and privileges thereto appertaining, including the approaches to said bridge, the house for the bridge-keeper, the right to collect tolls, and all other rights and privileges now owned and exercised by said mayor and council, to any person or corporation upon such terms and conditions as said mayor and council may deem best and proper. Power given to sell said bridge, etc. Sec. II. Be it further enacted , That said mayor and council may lease or rent said bridge, with all the rights and privileges thereto appertaining, including the approaches to said bridge, the house for the bridge-keeper, the right to collect tolls, and all other rights and privileges now owned and exercised by said mayor and council, to any person or corporation upon such terms and conditions as said mayor and council may deem best and proper. May lease or rent. Sec. III. Be it further enacted , That in case of the sale or lease of said bridge, the said mayor and council, and the municipal corporation Page 656 represented by them, shall be relieved from all and every liability arising to any person or persons from the negligent conduct of said purchaser or lessee, or in any manner upon or about said bridge after the sale or during the continuance of any lease. Relief of town from liabilities. 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 13, 1883. NEW COURT-HOUSE FOR SUMTER COUNTY. No. 189. An Act to provide for an election to be held in the county of Sumter to submit to the qualified voters of said county the question of issuing and negotiating bonds of the county of Sumter, not to exceed in amount the sum of thirty thousand dollars, for the purpose of erecting a new court-house in said county, and in case two-thirds of the qualified voters at said election shall vote in favor of issuing and negotiating said bonds to authorize and empower the board of commissioners of roads and revenues of said county to issue, negotiate and sell said bonds for the purpose aforesaid, and also to provide for the payment of the principal and interest of the bonds that may be issued under this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That within sixty days after the passage of this Act, an election shall be held in the county of Sumter to determine whether the board of commissioners of roads and revenues in said county shall issue, negotiate and sell bonds of said county for the purpose of erecting a new court-house therein. Election to be held as to issue of bonds. Sec. II. Be it further enacted , That not less than thirty days' notice of said election shall be given by publication in one or more newspapers published therein. Said election shall be held at each election precinct in said county, and under the same rules and regulations as are provided by law for the election of members of the General Assembly. Notice of election. Where to be held. Rule for. Sec. III. Be it further enacted , That those who favor the issuing said bonds shall have written or printed on their ballots the word Bonds, and those who oppose the issuing of said bonds shall have written or printed on their ballots the words No Bonds. The returns of said election shall be made to the ordinary of said county of Sumter, who shall certify the result thereof to the board of commissioners of roads and revenues for said county. Ballots. Returns. Sec. IV. Be it further enacted , That if two-thirds of the qualified voters voting at said election shall vote Bonds, then, and in that event, the board of commissioners of roads and revenues for said county shall have full power and authority to issue, negotiate Page 657 and sell bonds of Sumter county, not to exceed in amount the sum of thirty thousand dollars, the said sum of thirty thousand dollars when added to all the present indebtedness of said county, not increasing said indebtedness to a sum exceeding seven per centum of the assessed value of all the taxable property therein, for the purpose of erecting a new court-house in said county. Bondshow issued and disposed of. Sec. V. Be it further enacted , That the bonds herein provided for shall not bear a greater rate of interest than seven per cent. per annum. The board of commissioners shall have power to issue said bonds in any denominations, and to cause them to mature at different dates; provided , the whole amount so issued shall not exceed thirty thousand dollars; and, provided , the longest date of maturity shall not exceed thirty years. Rate of interest. Denominations and maturity. Proviso. Sec. VI. Be it further enacted , That the board of commissioners of roads and revenues of said county of Sumter shall have power and authority, and it is hereby made the duty of said board to levy an annual tax on the taxable property of said county, sufficient to pay, as it matures, the principal and interest of all bonds that may be issued under this Act. The tax so levied shall be collected, as other county taxes are collected, and shall be used for no other purpose, but shall constitute a sinking fund to meet the principal and interest of said bonds. Tax. Collection of. Use of. 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 September 14, 1883. TO AUTHORIZE THE LEVY AND COLLECTION OF AN EXTRA TAX BY THE AUTHORITIES OF WARREN COUNTY FOR SPECIFIED PURPOSES. No. 223. An Act to authorize the board of commissioners of Warren county, or any other proper authority, to levy and collect a tax above that now allowed by law to build and repair the public buildings and bridges, to maintain and support prisoners, pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts, and to support paupers (said levy to be regulated by the grand jury at the spring term of the superior court), and to repeal conflicting laws. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall be lawful for the board of commissioners of Warren county, or any other proper authority, to levy and collect each year a tax above that now allowed by law, said tax to be regulated by the grand jury at each spring term of the superior court, and not to exceed one-half of one per cent. upon the taxable property of said county, the proceeds of such additional tax to be applied Page 658 exclusively to build and repair the public buildings and bridges, to maintain and support prisoners, pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts, and to support paupers. County commissioners to levy extra tax. Grand jury to fix rate. Limited. Proceedshow applied. 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 18, 1883. PLACE FOR LEGAL SALES IN MUSCOGEE COUNTY CHANGED. No. 232. An Act to change the place of holding legal sales in the county of Muscogee, so as to make the bell-tower a place for holding such sales, 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 place of holding legal sales (as contemplated by section thirty-six hundred and forty-six of the Code of Georgia) in the county of Muscogee shall be at the bell-tower in Broad street, in the city of Columbus, as well as at such places as are now provided by law, it being the object of this Act to make said bell-tower a place at which public sales may be held without changing existing law as to holding such sales at other places, and such sales, when held at the bell-tower, are declared to be legal, so far as concerns the place of sale in said county, subject to the provisos contained in said section thirty-six hundred and forty-six of the Code of Georgia. Legal sales to be at the Bell Tower in Columbus. Sec. II. Be it further enacted by the authority aforesaid , That this Act shall go into effect and be of force on the first day of November, 1883. When this Act shall go into effect. 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 19, 1883. Page 659 SOUTHERN RIFLES, OF TALBOTTON, GRANTED CERTAIN EXEMPTIONS. No. 240. An Act to exempt the officers and active members of the volunteer military company in the county of Talbot, known and designated as the Southern Rifles, from road and street duty, as well as municipal street tax, 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 same , That the officers and active members of the volunteer military company in the county of Talbot, known and designated as the Southern Rifles, be, and the same are hereby exempt from all road and street duty, as well as any municipal street tax, so long as they faithfully continue in the service of said company, and do and discharge all the duties required of them as members thereof; and provided further , it shall be the duty of the commander of said company to report to the proper civil authorities, to-wit, the county commissioners of roads and revenues of said county, the name of every such member or members who may or shall at any time withdraw from said company, in order that such exemptions hereby extended may cease and be determined. Exempted from road and street duty. Conditions. Withdrawal of right. Sec. II. Be it further enacted , That the commanding officer shall on or by the first day of January of each year, make out and file in the ordinary's office of said county a muster-roll of said active members, and shall from time to time, as may be necessary, revise, correct and alter said muster-roll so filed. Muster-roll to be furnished. Sec. III. Be it further enacted , That a certificate of membership, signed by the commanding officer of said company, shall be sufficient evidence of such membership; provided , the name of the holder thereof shall appear on the roll or list of members filed in the ordinary's office, and shall entitle such members to the immunities and privileges aforesaid. Evidence of exemption. 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 19, 1883. Page 660 SALE OF COTTON IN THE SEED IN TWIGGS AND WILKINSON COUNTIES. No. 242. An Act to regulate the sale of cotton in the seed in the counties of Twiggs and Wilkinson, and for other purposes. Section I. The General Assembly enacts , That from and after the passage of this Act, it shall not be lawful for any person or persons to purchase or in any manner buy or barter any cotton in the seed in said counties without first procuring the written consent of two-thirds of the freeholders within three miles of his or their place of business. Sale or purchase of cotton in the seed regulated. Sec. II. Be it further enacted by the authority aforesaid , That all persons complying with section first of this Act shall, on application to the board of county commissioners, have license issued to him or them. License. Sec. III. Be it further enacted , That before such license shall be granted the party or parties shall take and subscribe the following oath: I, or we, do solemnly swear that I, or we, will not purchase any cotton in the seed under any circumstances that indicate that the same has been stolen; that I will diligently inquire into the ownership of the same, nor will I permit any such cotton bought at my or our place of business by any other person than those who have taken thia oath, and that I, or we, will keep a correct record of all the cotton in the seed bought by me or us, at the hour of the day when purchased, from whom purchased, at what price purchased, in what paid, and on whose plantation said to have been raised, and shall, on or before twelve o'clock noon of each Saturday, make a complete copy of said record and file the same with the ordinary, so help me God. Oath of licensee. Sec. IV. Be it further enacted , That said record shall be kept and at all times be fully exposed to the public examination, and any refusal to exhibit the same to any person shall be deemed and held a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code. Record of purchases, etc. Sec. V. Be it further enacted , That any person buying seed cotton, who has not complied with the provisions of this Act, and who has not obtained license as prescribed in this Act, and who has seed cotton in his possession, shall be deemed and held to be guilty of the offense of receiving stolen cotton in the seed, and shall be held to prove that he raised the seed cotton, and if he fails to prove shall be convicted of said offense, and punished as prescribed in section 4310 of the Code of Georgia. Penalties. Sec. VI. Be it further enacted , That the provisions of this Act shall only apply to the counties of Wilkinson and Twiggs; provided further , that none of the provisions of this Act shall go into effect until said Act shall have been published once a week for (2) two Page 661 weeks in the public gazette of the counties wherein sheriff's sales are advertised. Act to apply to Twiggs and Wilkinson. 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 September 19, 1883. CUTHBERT LIGHT INFANTRY EXEMPTED FROM STREET DUTY. No. 243. An Act to exempt all the active officers and members of the Cuthbert Light Infantry from street duty. 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, all the active officers and active members of the Cuthbert Light Infantry, a volunteer military organization, having its headquarters in the city of Cuthbert, Georgia, be, and the same are hereby exempted from all street duty. Exemption from street duty. Sec. II. Be it further enacted , That it shall be the duty of the secretary of said military company to prepare two lists of all the active members and active officers of said company, and to furnish one of said lists to the clerk of the superior court of Randolph county, Georgia, and the other list to the clerk of the city council of Cuthbert, on or before the first Monday in February of each year, which list shall be certified by said secretary as being true and correct lists of the active officers and active members of said military company. Lists to be furnished. Sec. III. Be it further enacted , That it shall be the duty of the clerk of said superior court, and also the duty of the clerk of said city council, to keep such lists so furnished them upon file in their respective offices for the inspection of the proper authorities of said superior court and of said city government. Lists to be kept of file. 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 19, 1883. Page 662 CONTROL AND USE OF CHAIN-GANG IN FULTON COUNTY. No. 263. An Act to repeal the Acts, approved respectively October 13, 1879, and September 13, 1881, which relate to the working of the chain-gang of Fulton county on the streets of the city of Atlanta, and to repeal the proviso to section three of the Act, approved February 27, 1877, which said proviso is in these words, to-wit: Provided , said chain-gang is never allowed to work within one mile of the center of said city of Atlanta, and to invest the commissioners of roads and revenues of Fulton county with the exclusive control of the convicts in said chain-gang, and to give the said commissioners of roads and revenues the sole power to direct the work of said convicts, and to limit the liability of Fulton county while said convicts are working within the city of Atlanta. 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 above recited Acts be, and the same are hereby repealed, and that the commissioners of roads and revenues of said county be, and they are hereby invested with the exclusive control of the said convicts, and with the sole power to direct the work of the said convicts without reference to proportion of population between the city of Atlanta and the county outside of said city; provided , that whenever the said commissioners of roads and revenues shall see fit to direct that said convicts shall work on the streets of the city of Atlanta, that the grade, style and character of the work shall be determined by the city authorities, but the particular locality or streets upon which the work is to be done shall be decided by a majority vote between the members composing the boards of commissioners of roads and revenues and commissioners of streets and sewers of said city, or, in the event of the abolishment of said board of commissioners of streets and sewers, the street committee of the city council of said city. Control of convicts given to county commissioners. Powers of board. 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 21, 1883. Page 663 TAX ON DOGS IN FLOYD COUNTY. No. 293. An Act to levy a tax upon all dogs in the county of Floyd; to appropriate the money so raised to the educational fund of said 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, a tax of one dollar per annum be, and the same is hereby levied on each and every dog, of whatever age, sex or breed, in the county of Floyd. Amount of tax. Sec. II. Be it further enacted , That from and after the year 1883, it shall be the duty of the tax receiver of Floyd county, when he is receiving the taxes of said county, to require all persons giving in their taxes to give in each and every dog of whatever age, sex or breed that he owns, keeps or claims, or that is owned, kept or claimed by any member or members of his or her family, if a head of a family, and the heads of families are hereby made liable to pay the tax on all dogs owned, kept or claimed by a member or members of such family. Return for taxation. Sec. III. Be it further enacted , That the said tax shall stand upon the same footing as all other taxes required by law of the citizens of Floyd county, as to the time and manner of collecting or enforcing payment, and as to the penalties and disabilities for non-payment. Collection of tax. Sec. IV. Be it further enacted , That the money arising annually from the taxation of dogs in the county of Floyd, as herein provided, be, and the same is hereby appropriated to the educational fund of said county, and shall be treated and disposed of in said county in the same manner as is now prescribed by law for the disposition of poll tax in the various counties of this State. Disposition of proceeds. 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 25, 1883. CLINCH MILITARY COMPANY, OF AUGUSTA, EXEMPTED FROM JURY DUTY. No. 302. An Act to exempt the members of the Clinch military company of Augusta from jury duty. Section I. Be it enacted by the General Assembly of the State of of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, the active members of the Page 664 Clinch military company of the city of Augusta shall not be required to do jury duty, but shall be exempt from the same. Active members exempted from jury duty. 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 25, 1883. AUTHORIZING THE ORDINARY OF RANDOLPH COUNTY TO SUBMIT TO THE QUALIFIED VOTERS OF SAID COUNTY THE QUESTION OF ISSUING BONDS TO PAY FOR A COURT-HOUSE, Etc. No. 321. An Act to authorize the ordinary of Randolph county to submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a court-house in said county, and to authorize the clerk of the superior court and county treasurer of said county to sign and issue said bonds and coupons attached, in case two-thirds of the qualified voters of said county voting at said election shall cast their ballots in favor of said bonds; also, for the sale and redemption of said bonds, 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 it shall be the duty of the ordinary of the county of Randolph, in said State, and he is hereby authorized and empowered to submit to the qualified voters of said county, at an election to be held for that purpose, the question of issuing bonds of said county, with coupons attached, for the purpose of paying for a new court-house, to be erected in said county. Question of issuing bonds submitted. Sec. II. Be it further enacted , That said ordinary shall order said election to be held at the various precincts in said county, and publish said order for election once a week for four weeks, in the newspaper in which the county advertising is done, before said election shall take place. Electionwhere held. Noticehow published. Sec. III. Be it further enacted , That all persons qualified to vote for members of the General Assembly are hereby authorized to vote in said election, and said election shall be held at the same places and in the same manner as is prescribed by law for elections for county officers, and each voter shall have written or printed on his ticket, For Bonds, or Against Bonds. Who may vote. Ballotshow inscribed. Sec. IV. Be it further enacted , That the returns of said election shall be made and submitted to the ordinary of said county, who is authorized to pass upon the same and declare the result. Returns made to ordinary. His duty. Sec. V. Be it further enacted , That if two-thirds of the voters voting in said election shall cast their ballots for bonds, and the ordinary shall so declare, it shall be his duty to have prepared and issued the Page 665 bonds of said county, not to exceed fifteen thousand dollars, in denominations as follows: Five thousand dollars in one hundred dollar bonds, five thousand dollars in five hundred dollar bonds, and five thousand dollars in one thousand dollar bonds, to which shall be attached coupons bearing six per cent. interest per annum, payable annually on the first day of January, upon their presentation to the county treasurer of said county. Two-thirds for bonds required. Amount limited. Description of bonds. Rate of interest. Sec. VI. Be it further enacted , That said bonds and coupons shall be signed by the county treasurer and countersigned by the clerk of the superior court of said county in their official capacity, and the faith and credit of said county are hereby pledged for their payment. Bondshow executed. Sec. VII. Be it further enacted , That said bonds shall become due and redeemable as follows: One thousand dollars on the first day of January, 1889, and one thousand dollars annually thereafter until all of said bonds are paid, including principal and interest, and the county authorities of said county, authorized by law to levy taxes for county purposes, are hereby required to provide for their payment by taxation as they become due. Principalwhen due. Paymenthow provided for. Sec. VIII. Be it further enacted , That the ordinary of said county, when said bonds have been duly printed and signed as hereinafter provided, shall put the same upon the market at not less than their par value, and shall deposit the proceeds arising from their sale in the bank of the Central Railroad and Banking Company, located at Albany or Savannah, in this State, there to remain until otherwise disposed of by the recommendation of the grand jury of said county, which they are hereby authorized to do; but in no event are the funds arising from the sale of said bonds to be used for any other purpose than is prescribed in this Act. Ordinary to sell and deposit the proceeds. Grand jury to control proceeds. Proceedshow applied. 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 26, 1883. BALDWIN BLUES EXEMPTED FROM JURY AND ROAD DUTY. No. 375. An Act to exempt from jury and road duty the officers and members of the Baldwin Blues, a military organization of the city of Milledgeville, Baldwin 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 officers and members of the Baldwin Blues, a volunteer military company of the city of Milledgeville, Baldwin county, State of Georgia, be, and they are hereby made exempt from jury and road duty in said county; provided , that said exemption shall be confined to regular, active, uniformed members of said company, and not to exceed the number of Page 666 thirty, rank and file, according to the roll of said company, to be made and certified by the commanding officer of said company and filed in the office of the clerk of the superior court of said county, which said roll shall be subject to revision and change by the commanding officer of said company at any time, and no member of said company shall be excused or exempt from jury or road duty unless his name appears on said certified roll. Officers and members exempt from jury and road duty. Proviso. Lists. 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 26, 1883. BUTCHERS OF BIBB COUNTY REQUIRED TO SUBMIT THEIR BOOKS TO GRAND JURY. No. 362. An Act to require butchers, and persons buying cattle to be slaughtered in Bibb county, to submit the books required by law to be kept by them to the grand juries of said county; to provide a penalty for a failure so to do, and for other purposes. Section I. Be it enacted by the General Assembly , That all butchers and persons buying cattle to be slaughtered in Bibb county shall, on the first day of each regular term of Bibb superior court, submit to the grand jury the books required to be kept by them by the Act approved February 20, 1877. Books as to slaughter ed cattle to be submitted to the grand jury. Sec. II. Be it further enacted , That it shall be the duty of the grand jury to present at once to the court those persons failing to submit said books, who shall be fined, on conviction for said failure, in a sum not less than twenty-five dollars nor more than seventy-five dollars, or confined in jail not less than ten nor longer than thirty days. Penalty. 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 26, 1883. Page 667 AUTHORIZING THE ORDINARY OF BALDWIN COUNTY TO SUBMIT THE QUESTION OF ISSUING COUNTY BONDS, TO PAY FOR FIRE-PROOF OFFICES AND COURT-HOUSE. TO THE QUALIFIED VOTERS OF SAID COUNTY, Etc. No. 397. An Act to authorize the ordinary of Baldwin county, or such other officer whose duty it may be, to submit to the qualified voters of said county the question of issuing county bonds to pay for the erection of four fire-proof county offices, and also a court-house, when so desired, upon the site of the former court-house in said county; and to authorize said ordinary, or such other officer as aforesaid, and the county treasurer of said county, to sign and issue bonds with coupons attached; provided , two-thirds of the qualified voters of said county voting at said election shall cast their ballots in favor of said bonds, and for the sale and redemption of said bonds, 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, that the ordinary of Baldwin county, or such other county officer whose duty it may be, be, and he is hereby authorized and empowered to submit to the qualified voters of said county, at an election to be held for that purpose, the question of issuing county bonds, with coupons attached, for the purpose of paying for the erection of four fire-proof county offices for said county, and also a court house for said county when desired. Ordinary to submit question of issuing bonds. Sec. II. Be it further enacted by the authority aforesaid , That said ordinary, or such other county officer whose duty it may be, may order said election to be held at the various precincts of the county, and shall publish said order for election once a week for four weeks, in the newspaper in which county advertising is done, before said election shall take place. Electionwhere to be held. Order forhow published. Sec. III. Be it further enacted by the authority aforesaid , That at said election all persons qualified to vote for members of the General Assembly shall be entitled to vote at said election, said election to be held in the same manner as provided for election of county officers, and that each voter shall have written or printed on his ballot, For Bonds, or Against Bonds. Who may vote. Electionhow held. Ticketshow inscribed. Sec. IV. Be it further enacted by the authority aforesaid , That the returns of said election shall be made and submitted to the ordinary of said county, who is hereby authorized to pass upon the same and declare the result, and if two-thirds of the voters voting in said election shall have written or printed on their ballots, For Bonds, and the ordinary shall so declare, then the ordinary of said county, or such other officer whose duty it may be, together with the county treasurer, shall have prepared and issued the bonds of said county, not to exceed in amount twenty-five thousand dollars, or so much Page 668 thereof as may be necessary, for the purpose of erecting four fire-proof county offices for said county, and also a court-house for said county if so desired, in the denomination of one hundred dollars, each payable at such times, not longer than thirty years from date, as said ordinary, or such other county officer whose duty it may be, may determine, with coupons attached, bearing interest at a rate not exceeding seven per cent. per annum, and payable semi-annually on the first day of January and July of each year. Returnshow made and passed upon. Two-thirds for bonds required. Bondsby whom prepared and issued. Amount limited. Bondsdescription of. Sec. V. Be it further enacted by the authority aforesaid , That when said bonds shall have been so signed and issued, the ordinary of said county, or such other county officer whose duty it may be, shall put the same upon the market at not less than their par value, and shall deposit the proceeds thereof in the county treasury to be drawn upon by warrant for the payment of the construction of said four fire-proof county offices, and also a court-house for said county if so desired, and no moneys arising from the sale of said bonds shall be paid by the county treasurer except upon the warrant of the ordinary, or such other county officer whose duty it may be, to superintend the construction of said four county offices, and also a court-house for said county if so desired, and no part of the fund arising from the sale of said bonds shall be applied to any other purpose. Sale of and proceeds deposited. How and for what disbursed. Sec. VI. Be it further enacted by the authority aforesaid , That said bonds and coupons shall be signed by the ordinary of said county, or such other officer whose duty it may be, and countersigned by the county treasurer of said county in their official capacity, and the faith and credit of said county of Baldwin are hereby pledged for the payment of said bonds and the coupons attached, and the county authorities of said county, whose duty it is to levy taxes for county purposes, are hereby required to provide for the payment of said bonds and coupons by taxation as they become due. Bondshow executed. Paymenthow provided for. Sec. VII. And 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 27, 1883. BOARD OF ARBITRATION FOR ATLANTA CHAMBER OF COMMERCE. No. 452. An Act to amend an Act to authorize the Augusta Exchange and the president and directors of the Chamber of Commerce of the city of Atlanta to elect a board of arbitrators, and to make the awards of such board of arbitrators the judgments of the superior courts of Richmond and Fulton counties, respectively, under certain circumstances, approved August 26, 1872, so far as the same affects the Chamber of Commerce of the city of Atlanta. Section I. The General Assembly of the State of Georgia do enact , That the above-recited Act be, and the same is hereby amended so as to Page 669 authorize the president and directors of the Atlanta Chamber of Commerce to elect fifteen members of the board of arbitrators provided for by said original Act, and the board so composed shall hold their offices for the term named in, and have all the power, authority and jurisdiction conferred by said original Act. Said fifteen members may be elected either from the board of directors or any other members of the Chamber of Commerce. President and directors may elect arbitrators. Term of board. Qualifications. Sec. II. Any three members of said board, when designated in a particular case by the president, may exercise all the powers given by said original Act; provided , the three members so designated shall be acceptable to the parties to the controversy to be submitted. Powers of board. Sec. III. Persons, firms and corporations not members of the Chamber of Commerce, having a difference with any person, firm or corporation a member of the Chamber, may submit the same to arbitration, as provided in said original Act and in this Act, and the decision shall be binding, as therein provided. Submission by persons not members of chamber. Sec. IV. Said president and directors of the Atlanta Chamber of Commerce may make rules for the government of said board of arbitrators not inconsistent with law. Rules for board. 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 28, 1883. TRUSTEES OF METHODIST ORPHANS' HOME EMPOWERED TO PROVIDE HOMES FOR ORPHANS. No. 478. An Act to amend an Act entitled an Act to define and extend the powers of the Orphans' Home, of the North Georgia Conference, with regard to apprentices, and for other purposes, approved February 20, 1873. Section I. The General Assembly of the State of Georgia do enact , That the above-recited Act be, and the same is hereby amended by adding after the word institution, and before the word provided, in the tenth line of said Act, the following words, to-wit: at which time the said trustees shall have power to place such orphans in the care of proper persons, upon such terms and for such time as, in the judgment and discretion of such trustees, will best subserve and promote the interests and welfare of such orphans, such disposition of said orphans by said trustees to be evidenced in the same manner and have the same force and effect as is provided in said Act for the placing said orphans in charge of said trustees. Trustees may place orphans in care of proper persons. Conditions. Sec. I. 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 28, 1883. Page 670 REGISTRATION OF VOTERS IN FULTON COUNTY. No. 480. An Act to authorize and require the registration of all voters in the county of Fulton, in this State, and for other purposes herein contained. 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 commissioners of roads and revenues of Fulton county be, and they are hereby required to appoint registrars for each militia district in said county, not less than one for each militia district, or more than one if they should deem them necessary, who shall take an oath faithfully to discharge the duties imposed by this Act, said registrars to be freeholders and citizens of the district for which they are appointed, whose duty it shall be to open books of registration for the qualified voters of said county forty days before each election in said county, at some convenient point in their respective districts, of which ten days' notice shall be given by publication in one or more public gazettes published in the city of Atlanta, and by printed circulars distributed in the county districts. The said registrars shall attend the place designated as aforesaid every day (except Sundays) from nine o'clock a.m. until five o'clock p. m. for thirty days, so that all persons qualified to vote at said election may register in the district 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 taken and subscribed the following oath before one of said registrars, who are hereby authorized to administer said oath, to-wit: I do swear that I am a citizen of the United States, and that I have resided in the State of Georgia one year preceding the next coming election, and that I have resided in Fulton county six months, and that I am twenty-one years of age, and have paid all State and county taxes due by me, except for the year of this election. Said oath, so taken and subscribed, shall be, by said registrars, together with their registration books, when completed, turned over to the clerk of the commissioners of roads and revenues of said county immediately after the close of said books. Registrars for each militia district. Their oath. Qualifications. Duty Qualifications for registry. Oath. Sec. II. Be it further enacted by the authority aforesaid , That the said commissioners of roads and revenues shall cause to be printed alphabetical lists of such voters so registered, and shall cause copies of the same to be furnished the managers of each election precinct, which lists shall be first verified by the said commissioners of roads and revenues from the books of registration before being turned over to the said managers, and that the said managers shall not permit any person to vote at said election whose name does not appear on said lists, under all the pains and penalties prescribed by law for illegal voting, and that any person voting at any of said elections without having been registered as aforesaid, or who shall Page 671 vote in the name of some person appearing on said lists other than his own name, shall be punished as is prescribed in section 4705 of the Code of 1882 Lists to be furnished managers of elections. No person not registered can vote. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That the amount of compensation for the services to be thus rendered by the registrars thus appointed shall be determined by the said commissioners of roads and revenues as in their judgment shall be reasonable and just, and that the same shall be paid, when thus determined, from the county treasury on the order of said commissioners. Compensation of registrars. Sec. IV. Be it further enacted by the authority aforesaid , That when two elections occur within sixty days of each other, that there need be but one registration of voters for the two elections thus occurring, and that the registration books and lists made for the former election shall be used in the latter or succeeding election. One registry for elections within sixty days of each other. 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 28, 1883. TO AUTHORIZE THE COMMISSIONERS OF CHATHAM COUNTY TO ISSUE BONDS FOR BUILDING A NEW JAIL, ETC. No. 486. An Act to authorize and empower the commissioners of Chatham county and ex-officio judges to issue bonds to the amount of forty thousand dollars or less for the purpose of building the new jail, to provide for the payment of the interest on such bonds and a sinking fund for the final redemption of the same by taxation, and for other purposes. Whereas, the taxes levied for county purposes in the county of Chatham have been hitherto sufficient to pay the current expenses of said county and prevent the accumulation of any indebtedness, but unless imposed to an unreasonable or excessive amount will not be sufficient for the building of a jail, which buildings are imperatively needed; and whereas, the burden of erecting this public building can be equalized among the tax-payers by the issue of bonds: therefore Section I. Be it enacted by the General Assembly of the State of Georgia , That the commissioners of Chatham county and ex-officio judges be, and they are hereby authorized and empowered to issue coupon bonds of the county of Chatham in the name of Chatham county, an amount not exceeding the sum of forty thousand dollars, bearing interest not exceeding the rate of six per cent. per annum, payable semi-annually at such times and places as said commissioners may determine, to be stated in such coupons or bonds, said bonds to be prepared and signed by at least three of the said commissioners, Page 672 and the coupons shall be signed by the county treasurer. That the said bonds may be made of such denominations as the commissioners may deem most advantageous for negotiation, and payable at such time, not exceeding thirty years from the date, as the commissioners may deem best. The said commissioners shall keep a record of the numbers, description and denominations of all the bonds issued under this Act, and the said bonds shall be used solely for the purposes mentioned in the preamble of this Act, and shall not be disposed of by the said county commissioners for less than their par value, nor shall any of said bonds be issued by said commissioners until all the funds which may be in their hands for the erection of a new jail, or may hereafter come into their hands for that purpose, shall have been exhausted, nor shall any more of said bonds be then issued than may be absolutely necessary to make up any deficiency in said funds. Who may issue bonds. Amount limited. Rate of interest. Bondshow signed. When payable. Record of kept. When issued. Sec. II. Be it further enacted , That the said bonds and coupons, issued and negotiated in pursuance of this Act, shall be payable in lawful currency. Said bonds and coupons when due shall be receivable for all taxes, dues and debts to the said county. Payable in lawful money. Sec. III. Be it further enacted , To pay the interest on said bonds, and to provide a sinking fund for the payment and redemption of said bonds, the said commissioners of Chatham county and their successors in office shall annually assess, levy and collect during the full term of years the said bonds shall be maturing, and until they shall be paid off and discharged in full, such tax upon the taxable property, real and personal, in said county of Chatham, in addition to the taxes now required to be levied and allowed by law for county and other purposes as shall be sufficient to pay the said interest and provide a fund annually proportioned to the amount to be finally needed to redeem and pay off the said bonds. The said tax shall be separately levied, and shall be used for and applied to no other purpose whatever than those above stated, and shall be collectable at the same time and in the same manner as other county taxes are now collected. Tax to pay interest and principal of bonds. Taxhow collected. Sec. IV. Be it further enacted , That the said commissioners of said county and their successors in office shall have power to redeem and cancel any of said bonds before maturity, either on the application of the holder or holders thereof or by purchase, and the money belonging to the sinking fund from time to time, in the discretion of the said commissioners and their successors in office, may be used in the purchase of the said bonds issued under and by virtue of this Act, and each and every bond so purchased shall be cancelled by an endorsement plainly entered on the same that said bond has been paid and is cancelled and is no longer transferable or negotiable, and from time to time, all bonds that shall have been redeemed, purchased and cancelled may be destroyed by the said commissioners, and shall be the duty of the said commissioners to keep an accurate and complete record and register of all of said bonds so redeemed, cancelled and destroyed, showing the number, denomination and date, both of payment and of destruction. May redeem and cancel before maturity. Record of bonds cancelled. Page 673 Sec. V. Be it further enacted , That it shall and may be lawful for the said commissioners and their successors in office to lend out so much of said sinking fund as cannot be profitably used in the purchase and redemption of said bonds, and for such time and at such legal rate of interest as said commissioners may deem best; provided , that good and sufficient security shall in all cases be given by the borrower, by the deposit with or transfer to the county treasurer of bonds issued under this Act, or any other solvent stock or bonds of an amount amply sufficient to secure the amount so loaned, to be judged of and determined by the said commissioners. Sinking fund loaned. Security to be taken. Sec. VI. Be it further enacted , That the bonds issued under this Act may be registered, at the option of the holder, in the office of the county treasurer, which registration shall be certified thereon by the county treasurer, after which registration the bond shall be negotiable and transferable only by endorsement by the said registered holder to the transferee, and transfer on said book of registration, or unless the last person in whose name the bond is registered shall assign and transfer the same to bearer, in which event the bond shall again become negotiable and transferable by delivery. Registration of bonds. How transferable when registered. Sec. VII. Be it further enacted , That the full faith and credit of the county of Chatham 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 Chatham and each and every purchaser and holder of the same. Pledge of payment. Sec. VIII. Be it further enacted , That the said bond shall not be subject to taxation either by the State, county or municipal authorities. Bonds nontaxable. Sec. IX. Be it further enacted , That before this Act shall take effect, an election shall be held as follows: The said commissioners of said county shall give notice for the space of thirty days next preceding the day of the election, in the newspaper in which the sheriff's advertisements are published, notifying the qualified voters of said county that on the day named an election will be held to determine the question whether bonds shall be issued as provided in this Act. Said notice shall specify the amount of bonds, for what purpose, the interest they are to bear, and when to be finally paid off. The election shall be held at the court-house, in said county, by the same persons, in the same manner and under the same rules and regulations that elections for officers of the said county are held, and the returns shall be made to the said commissioners of said county, who shall, in the presence of, and together with the usual managers, certify said returns, and declare the result. Each voter at such election shall have written or printed on his ballot the words, In Favor of Bonds, or Against Bonds, and if at such election two-thirds of the voters of said county voting at said election vote for bonds, this Act shall become of full force and effect, and the said commissioners shall enter the returns of the said election upon their minutes, and give public notice of the result in one of the public gazettes of said county for one week after the same shall have been officially declared. Election on question of issuing bonds. Notice ofhow given. Where held. Returnshow made. Result declared. Two-thirds required for bonds. Publication of resultrecord of. Sec. X. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 29, 1883. Page 675 Part IV.Private Laws. ACTS. Relief of J. J. and J. A. Findley and J. B. Gaston. Authorizing Henry Sanders to connect by railroad his beer depot with Central Railroad in Savannah. Authorizing J. D. Whelchel and J. S. Garner to erect certain gates. FOR RELIEF OF J. J. AND J. A. FINDLEY AND J. B. GASTON. No. 186. An Act to relieve James J. Findley, James A. Findley and James B. Gaston, securities on the bond of John Moore (colored), charged with the offense of bestiality in the county of Gwinnett, and for other purposes. Whereas, on the day of , 1882, a final judgment of forfeiture of the bond of John Moore (colored) was entered against said Moore and his securities, to-wit, James J. Findley, James A. Findley and James B. Gaston, said Moore being charged with the offense of bestiality in the superior court of the county of Gwinnett; and whereas, said securities were prevented from producing the body of the said John Moore (colored) at the court at which said judgment of forfeiture was rendered, because said John Moore was at that time serving out a sentence in the penitentiary for the offense of simple larceny, cattle-stealing; and whereas, since said judgment was rendered, forfeiting said bond as aforesaid, the said Moore has been discharged from the penitentiary and set at liberty; and whereas, the said James J. Findley, James A. Findley and James B. Gaston, securities as aforesaid, have captured the said John Moore and turned him over to the sheriff of said county of Gwinnett, who now has him in custody to answer the charge of bestiality aforesaid; and whereas, the solicitor-general and other officers of court are proceeding against these securities to collect the principal and costs on said bond; and whereas, it will be inequitable and unjust to permit the collection of said judgment as against the sureties: Preamble. Section I. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That Page 676 said James J. Findley, James A. Findley and James B. Gaston, securities as aforesaid, be, and they are hereby relieved and discharged from the payment of said judgment, except the costs due the officers of court on the scire facias to forfeit said bond, and the judgment is hereby declared to be void and of no binding force, except as to said costs. Securities on bond of John Moore (col.) relieved, except as to costs of officers of 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 14, 1883. TO AUTHORIZE HENRY SANDERS TO CONNECT HIS BEER DEPOT BY HORSE-POWER RAILROAD WITH THE CENTRAL RAILROAD TRACK. No. 229. An Act to authorize Henry Sanders to connect his beer depot, corner of Jefferson street and South Broad street lane, with the Central Railroad track on New street, in Savannah, Ga., by means of a railway to be operated by horse-power. Section I. Be it enacted by the General Assembly of the State of Georgia , That Henry Sanders, of the city of Savannah, be, and he is hereby authorized and empowered to build, construct, use and maintain a railroad, from such point on the railroad track of the Central Railroad and Banking Company of Georgia, in the city of Savannah, as its board of directors may designate, into and through New street and West Broad street, and thence diagonally across West Broad street to the intersection of said West Broad street and South Broad street lane, and thence through South Broad street lane to a point in said lane west of Jefferson street and immediately in rear of the beer depot of said Henry Sanders, situated on lot number one, Liberty Ward, in the city of Savannah; provided , that the written consent of all the property holders on the line of said proposed road be first had and obtained. Grant to Henry Sanders. May connect beer depot with Central railroad by a horse-power railroad. Consent of property owners on route necessary. Sec. II. Be it further enacted , That the cars to be used on said railroad shall be moved exclusively by horse-power, and shall not be run at any greater rate of speed than that allowed by the present or any future ordinance of the city of Savannah. Propelled by horse power exclusively. Speed regulated. Sec. III. Be it further enacted , That the cars to be run on said railroad shall be used for no other purpose than the transportation of beer and other articles to and from said beer depot and the Central Railroad track. Use of cars limited. Sec. IV. Be it further enacted , That the track of said railway shall be laid in such manner that carriages and other vehicles may cross the same with ordinary ease, and that so much of said streets as may be used for said railway, and at least two feet outside of said track, shall be kept in as good repair and condition by the said Page 677 Henry Sanders as the corporate authorities of the city of Savannah keep the balance of said street. Trackhow laid. Must be kept in repair. Sec. V. Be it further enacted , That the power hereby granted shall vest in the said Henry Sanders and his heirs and assigns for a period of twenty years; provided , nevertheless, that the rights hereby granted shall be forfeited unless the said railway track shall be completed within one year from the date of the passage of this Act. Franchises vested for 20 years. Forfeited if not completed in one year. Sec. VI. Be it further enacted , That the road-bed of said road shall be so laid in and through the lanes as not to interfere with, or in anyway obstruct the free use thereof by passengers and vehicles of owners of property lying on said lanes, and others, and that no cars shall be allowed to remain in the said streets and lanes during the night. Road bedhow laid. Sec. VII. And be it further enacted , That said street railroad shall not be constructed or attempted to be constructed without having first received the approval and consent of the mayor and aldermen of the city of Savannah. Consent of mayor and council required before building. Sec. VIII. 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 18, 1883. AUTHORITY TO ERECT CERTAIN GATES ON SEVEN ISLAND ROAD, IN HALL COUNTY, GRANTED TO JNO. D. WHELCHEL AND JOSEPH S. GARNER. No. 455. An Act to authorize John D. Whelchel and Joseph S. Garner to erect and maintain two gates across the Seven Island road, in Hall county, one gate on each side of Wahoo creek, in said county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That John D. Whelchel and Joseph S. Garner be, and they are hereby authorized to erect and maintain two gates across the Seven Island road, in Hall county, one gate on each side of Wahoo creek, in said county; said gates to be erected and maintained under the direction and supervision of the road commissioners of the district in which they may be located. Two gates may be erected, one on each side of Wahoo creek. 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 28, 1883. Page 678 GRAND JURY FOR MITCHELL SUPERIOR COURT. No. 77. An Act to so amend section second of an Act entitled 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, approved September 24, 1881, as to provide that one grand jury shall be drawn and summoned to serve for both weeks of said terms. Section I. Be it enacted by the General Assembly of Georgia , That section second of the above recited Act be so amended as to read as follows: That separate petit juries shall be drawn and summoned to serve at the first and second weeks of said terms, and one grand jury shall be drawn and summoned to serve for both weeks of said terms of said court. Separate petit but only one grand jury for terms of superior court. 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 12, 1882. This Act should have been printed among the Public Laws, but by some mistake was omitted therefrom. It is, therefore, inserted here. Compiler. Page 679 Part V.Resolutions. Authorizing J. T. Taylor to index Journals of 1882. Specimens to be exhibited at Boston Exposition. Discontinuance of suit against Western and Atlantic Railroad Company. Oil painting of Hon. A. H. Stephens. Portrait of Hon. H. V. Johnson. Committee on Penitentiary authorized to employ stenographer. Oil painting of Ex-Governor Jenkins. New Code to be shipped to certain officers. Journals of session of 1883. Publication of Acts of sessions of 1882 and 1883. Comptroller and Treasurer authorized to charge certain sums off their books. Thanks to Third Regiment of Maine. Notaries public to be supplied with Codes. Settlement with securities of S. R. Hoyle. Suit against lessee of Indian Spring reservation. Convicts for Marietta and North Georgia Railroad. Salaries of capitol guards, engineer and porter. Employment of Ransom Montgomery. Additional night-watchman for capitol. Expenses of establishing line between Georgia and North Carolina. President of Senate and Speaker of House authorized to sign bills, etc., after adjournment of session of 1883. Security of public records and archives. Investigation of convict leases. Calling for information as to Executive pardons. Authorizing President of Senate and Speaker of House to sign bills after adjournment. Committee on road laws. Lessees of convicts. State Librarian to ship copies of Code. Authorizing publication of Public Acts of session of 1882. Public buildings at Brunswick. Tax on State banks. Repeal of the internal revenue laws. Sesqui-Centennial of landing of Oglethorpe. Cotton claims. Mail route from Traders' Hill to Willisville. Recess of the General Assembly. Additional members of committee to Savannah Sesqui-Centennial. Examination, etc., of new Code. Suit against Western and Atlantic Railroad Company. Committee to examine Lunatic Asylum. Portrait of Hon. B. H. Hill. General education by National Government. Supreme Court Reports for McDuffie county. National aid to education. Committee on Marietta and North Georgia Railroad to send for persons a papers. Page 680 Same committee empowered to employ stenographer. Fish-way in Augusta canal. Records of State Medical Board. Mileage for adjourned session. Per diem and expenses of Committee on Lunatic Asylum. Pay of Chaplains of Senate and House. Per diem and expenses of Committee on Deaf and Dumb Asylum. Per diem and mileage of D. R. Proctor. Reward for arrest of Augustus Johnson. Sword of Colonel Daniel Appling. Supreme Court Reports for Douglas county. Seventy-six dollars and twenty-nine cents appropriated to W. H. Horne. To pay N. N. Edge for advertising wild lands. Expenses of committee to procure records of State Medical Board. Early County News for advertising wild lands. Expenses of Committee on Technology. Books burned in Kimball House fire. Extra work on Journals of session of 1882. Settlement of bond of former tax collector of Telfair county. Relief of securities of former tax collector of Bibb county. Stenographer and sergeant-at-arms of Committee on Marietta and North Georgia Railroad Company. Stenographer of Committee on Agricultural Department. Stenographer of Penitentiary Committee. Navigation of Savannah river. AUTHORIZING JACKSON T. TAYLOR TO INDEX THE JOURNALS OF THE SESSION OF 1882. No. 1. Resolved by the Senate and House of Representatives , That Jackson T. Taylor be, and he is hereby authorized and directed to make an index for the Senate and House Journals of the present session, and that the Public Printer be instructed to furnish him advance sheets of said Journals in order to facilitate said work and prevent delay in the completion of said journals. Authorized to index the Journals. Public Printer to furnish advance sheets. Approved November 24, 1882. AUTHORIZING THE GOVERNOR TO INVITE AND RECEIVE SPECIMENS OF GEORGIA'S MATERIAL RESOURCES FOR THE EXPOSITION IN BOSTON, MASS. No. 7. Resolved by the General Assembly of Georgia , That his Excellency the Governor be, and he is hereby authorized to invite and receive specimens of the agricultural, horticultural, mineral and manufactured products, and of the forestry of this State that may be furnished him by the citizens of this State for the purpose of forwarding the same to the Exposition to be held in Boston, Mass., in September, 1883. Governor to invite and receive specimens. To forward same to Boston for exposition in Sept., 1883. Approved December 9, 1882. Page 681 DIRECTING THE GOVERNOR TO HAVE THE SUIT PENDING FOR FORFEITURE OF LEASE OF WESTERN AND ATLANTIC RAILROAD DISMISSED. No. 22. Resolved by the General Assembly of Georgia , That the Governor of this State be, and he is hereby directed to have the suit discontinued now in progress in the superior court of Fulton county, instituted to forfeit the lease of the Western and Atlantic Railroad Company. Governor directed to dismiss suit against lessees of W. A. R. R. Second, That the Lease Act and the relations of the company to the State are to stand as before the institution of said suit, it being the intention of the General Assembly, by the passage of this resolution, not to indicate anything as to the validity of the lease, the ownership of the shares or the liability of the sureties on the bond of said company, or to concede in any manner the right of the lessees at the expiration of said lease to compensation for betterments or improvements put upon said road. Effect of. Right to betterment not conceded. Approved August 17, 1883. TO PROVIDE AN OIL PAINTING OF THE LATE EX-GOVERNOR A. H. STEPHENS. No. 24. Be it resolved by the House, the Senate concurring , That a committee of two (2) from the House and one from the Senate be appointed to procure a life-size oil painting of Governor A. H. Stephens, to be by them placed in the hall of the House of Representatives of this State as a testimonial to his memory for the distinguished services rendered by him. Committee appointed. To procure oil painting of. Resolved, further , That the sum of one thousand dollars (or so much thereof as may be needed) be, and the same is hereby appropriated to pay for said oil painting, and the Governor is authorized to draw his warrant on the Treasurer therefor, to be paid out of any moneys not otherwise appropriated. Sum appropriated Governor to draw his warrant for. Approved August 23, 1883. Page 682 TO PROVIDE A LIFE SIZE OIL PAINTING OF THE LATE HON. HERSCHEL V. JOHNSON. No. 25. Resolved by the House of Representatives, the Senate concurring , That the sum of one thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the purpose of procuring a life-size oil painting of the Honorable Herschel V. Johnson for the purpose of having the same hung in the hall of the House of Representatives. Said portrait shall be properly framed and hung in some fit and convenient place in said hall. Sum appropriated. Life-size oil painting. To be framed and, etc. Resolved, further , That the money hereby appropriated shall be expended under the direction of the Governor, who is authorized to make all necessary contracts in reference to the procuring and finishing of said portrait in accordance with this resolution. Money to be expended under direction of the Governor. Approved August 25, 1883. AUTHORIZING THE JOINT COMMITTEE ON THE PENITENTIARY TO EMPLOY A STENOGRAPHER, Etc. No. 28. Whereas, A joint resolution has been adopted at the present session, authorizing and directing the joint committee on the penitentiary to investigate and report whether the several companies having in charge the convicts of this State as lessees, have violated, either directly or indirectly, by contract or otherwise, section six of the Lease Act, approved February 25, 1876, by sub-letting, hiring or leasing said convicts, or any portion of them, to other parties; and whereas, said resolution contains no provision for expediting the work of said committee in taking the testimony necessary to a proper investigation of the subject-matter of said investigation: therefore Be it resolved by the Senate, the House of Representatives concurring , That said committee be authorized to employ a stenographer to report the evidence adduced before them, should it be necessary to facilitate such investigation. May employ a stenographer to report the evidence. Approved August 29, 1883. Page 683 TO PROCURE A LIFE-SIZE OIL PAINTING OF THE LATE EX-GOVERNOR CHARLES JONES JENKINS. No. 30. Whereas, It has always been deemed fitting and proper to per petuate the memory of Georgia's great men by transferring a correct copy of their beloved features to canvas that future generations may learn to love as well as to revere them; and Whereas, The inscrutable ways of Providence have removed from among us by death the Hon. Charles Jones Jenkins, to whom by common consent was accorded the sobriquet, The noblest Roman of them all; one who, in the darkest hour in the history of this State, by his undaunted courage and high executive ability, arose to the sublimest heights of the pure patriot and statesman, thereby saving the honor and credit of the State: therefore Be it resolved by the House, the Senate concurring , That a committee of one from the Senate and two from the House be appointed to procure a life-size oil painting of ex-Governor Charles Jones Jenkins, to be by them placed in the Representative hall of this State as a memento of his distinguished service to the State. Joint committee. To be placed in Representatives hall. Resolved, further , That the sum of one thousand dollars (or so much thereof as may be necessary) be, and the same is hereby appropriated to pay for said oil painting, and the Governor is authorized to draw his warrant on the Treasurer therefor, to be paid out of any money not otherwise appropriated. Sum appropriated. Governor to draw his warrant for. Approved September 8, 1883. RELATING TO DISTRIBUTION OF THE CODE TO CERTAIN OFFICERS. No. 31. Resolved by the Senate and House of Representatives , That Frank L. Haralson, State Librarian, cause to be shipped, under the management and direction of the Governor, a copy of the Code of 1882 to each notary public who is ex-officio justice of the peace in this State, where said officer has not already been supplied under the joint resolution of the General Assembly, approved December 12, 1882; provided , said officers shall file their application for the Code with the ordinary of the county in which they reside, and the ordinary shall furnish the names of all such applicants to the State Librarian, together with a certificate signed by himself, with the seal of the county attached, stating that the applicants are in actual commission. Notaries Public ex-officio justices of the peace to be supplied. Applications forhow made. Duty of ordinary. His certificate required. Approved September 11, 1883. Page 684 AUTHORIZING JACKSON T. TAYLOR TO INDEX THE JOURNALS AND PROVIDING PAY THEREFOR. No. 35. Resolved by the Senate and the House of Representatives , That Jackson T. Taylor be, and he is hereby authorized to make an index for the Journals of the Senate and House of Representatives of the present session, and of the called or special session, which index shall contain a list of all the members of the House and Senate, and the pages on which all bills introduced, motions and reports made by each may be found; and that the Public Printer be instructed to furnish the said Taylor advanced sheets of said Journals in order to prevent delay in the publication of the same. Indexes for Journals of the called, and for the adjourned session of 1883 Public Printer to furnish advance sheets. Be it further resolved by the authority aforesaid , That the sum of one hundred and fifty dollars is hereby appropriated to pay for said work, and the Governor is hereby authorized to draw his warrant on the treasury in favor of said Taylor for said sum, on the certificate of the Public Printer that said work has been properly done. Appropriation for. How paid. Approved September 14, 1883. RELATING TO PUBLICATION, SUBSCRIPTION OF THE STATE AND DISTRIBUTION OF THE PAMPHLET CONTAINING THE PUBLIC ACTS OF 1882 AND 1883. No. 49. Whereas, The General Assembly, at the November session, 1882, authorized W. H. Harrison and H. H. Cabaniss to publish the Acts of this General Assembly in pamplet form, and authorized the Governor to subscribe for five hundred copies of the same; and Whereas, His Excellency A. H. Stephens, then Governor of Georgia, in subscribing and paying for the five hundred copies exhausted the appropriation therefor: therefore Be it resolved , That the Governor is authorized to subscribe for six hundred copies of the pamphlet laws of 1882 and 1883, to be published by Messrs. Cabaniss and Harrison, and to draw his warrant on the Treasurer to pay for same at not exceeding fifty cents per copy. Governor-authorized to subscribe for. Price of. Resolved, further , That the Librarian send a copy of the pamphlet to each of the several officers of this State who are by law entitled to receive a copy of Supreme Court Reports, and also one copy to each member of the present General Assembly. Distribution by Librarian. Approved September 19, 1883. Page 685 AUTHORIZING COMPTROLLER-GENERAL AND TREASURER TO CHARGE OFF OF THEIR BOOKS DEBTS DUE THE STATE BY CERTAIN BANKS. No. 38. Resolved by the Senate, the House concurring , That in accordance with the recommendation of the joint standing committee on finance, incorporated in their report made on the condition of the treasurer's office that the Comptroller-General and Treasurer be, and they are hereby authorized and directed to charge off the books of their respective offices the amount reported in their cash balance as due from The Citizens' Bank of Atlanta, and the Bank of Rome, and when any portion thereof shall be realized, that it be receipted for and charged as other revenue finding its way into the treasury. Duty of Comptroller General and State Treasurer. Approved September 19, 1883. RESOLUTION OF THANKS TO THE VETERANS OF THE THIRD REGIMENT OF MAINE. No. 41. Whereas, The brave and patriotic ex-Confederate soldiers and sailors have our love, and are worthy of the sympathy of all brave men who love their country; and Whereas, Any expression of fraternal sympathy from the veterans of the Army of the Union, who recognize the valor and heroism of these patriots, fills our hearts with gratitude; and Whereas, The veterans of the Third Maine regiment, at their ninth re-union, held at Winthrop, in the State of Maine, unanimously adopted the following resolutions, to-wit: Resolved , That we hereby respectfully request our delegation in Congress to ask Congress to enact a law authorizing the establishment and maintenance, under government directions, of suitable houses for such ex-Confederate soldiers and sailors as were disabled during the late war, and are in a destitute condition: therefore be it Resolved by the General Assembly of the State of Georgia , That the humane, chivalric and magnanimous spirit manifested by the resolutions of the veterans of the Third Regiment of Maine chal lenges profound respect, commands admiration and awakens heart-felt gratitude. Return of thanks. Resolved , That a copy of the preamble and of these resolutions be transmitted by his Excellency, the Governor of Georgia, to his Excellency, the Governor of Maine, with the request that the same be communicated to the veteran officers and soldiers of the Third Regiment of Maine. Governor of Georgia to transmit copy to Governor of Maine. Approved September 19, 1883. Page 686 TO SUPPLY THE CODE TO NOTARIES PUBLIC. No. 44. Be it resolved by the Senate and House of Representatives of the State of Georgia , That the State Librarian be, and he is hereby authorized and required to furnish to each board of county commissioners of roads and revenues in this State one copy of the Code of Georgia, 1882. Duty of State Librarian. Be it further resolved , That the State Librarian is further authorized and required to keep on hand, in the State library, for the use of the General Assembly and public officers of the State, three hundred copies of the Code of Georgia, 1882. Be it further resolved , That in the event the State has not a sufficient number of copies of the Code of Georgia, 1882, to furnish a copy to the different officers of the State, as directed by the General Assembly of 1882, and to furnish the boards of county commissioners, and to keep in the library three hundred copies, then, in that event, the Governor is authorized to purchase from the publishers a sufficient number of Codes to furnish the officers as is prescribed in the action of the General Assembly at their sessions in 1882 and 1883, and, according to this resolution, on such terms as he may consider to be just, and in payment of the same, he is hereby authorized to draw his warrant on the treasury for such sum as may be necessary to pay for same. Governor to purchase needed copies from publishers. Approved September 24, 1883. AUTHORIZING THE GOVERNOR TO SETTLE WITH THE SURETIES OF SAMUEL R. HOYLE, LATE TAX COLLECTOR OF FULTON COUNTY. No. 49. Resolved by the Senate and House of Representatives , That the Governor of this State be, and he is hereby authorized and empowered to settle with any or all of the sureties on the bond or bonds of Samuel R Hoyle, deceased, late tax collector of the county of Fulton, on such terms as he may believe to be to the best interest of the State. Governor may settle with sureties. Resolved, further , That the Governor, if he shall deem it advisable to make such settlement, be authorized and empowered to execute such releases and acquittances as may be needful in the premises, and that the same shall be legal and binding upon the State. Governor may execute releases. Approved September 25, 1883 Page 687 DIRECTING SUIT AGAINST THE LESSEE OF INDIAN SPRINGS RESERVATION. No. 54. Whereas, The Attorney-General of this State, in his report to the Governor of October 29, 1882, conveys the information that the lessee or agent of the State in charge of the Indian Springs Reservation, in the county of Butts, has violated the law under which said reservation was put in his charge by sub-letting the same; and Whereas, The sub-lessee has also failed to perform the duties required by the Act under which the original agent or lessee went into possession: therefore Resolved , That the Attorney-General be, and he is hereby instructed to enter suit at once against the proper parties to forfeit the lease or contract under which said Indian Springs Reserve is held, and to recover the possession of the same for the State. Attorney General to enter suit against lessee, etc. Approved September 26, 1883. INSTRUCTING THE GOVERNOR TO FURNISH TWO HUNDRED ADN FIFTY ABLE-BODIED CONVICTS TO BE WORKED ON THE MARIETTA AND NORTH GEORGIA RAILROAD. No. 159. Resolved by the Senate, the House concurring , That the Governor be, and he is hereby instructed to direct the keeper of the penitentiary to turn over to the Marietta and North Georgia Railroad Company two hundred and fifty able-bodied convicts to be worked for the benefit of said railroad company for the full space of three years, or until the main line of said road is completed to the North Carolina line and the Duck Town branch is completed to the Tennessee line, and the Dahlonega branch is finished to its intersection with the Gainesville and Dahlonega Railroad. Principa keeper penitentiary to turn over 250 convicts for three years. (2) Resolved, further , That no more women convicts nor old and infirm convicts be furnished said company. Approved September 26, 1883. REQUESTING THE GOVERNOR TO INCREASE THE SALARIES OF THE GUARDS AND OTHERS AT THE STATE CAPITOL. No. 59. Whereas, B. S. Buckner, Wm. R. Adamson, guards at the capitol, and David Gann, engineer, and Peter McMichael, porter, are now receiving pay which is not sufficient to enable them to support their families and give proper attention to their duties: therefore Page 688 Be it resolved by the General Assembly , That the Governor be requested to increase out of the Contingent Fund the salaries of said employs in the sum of ten dollars per month each in addition to the sum now received by them. Salaries each increased $10.00 per month. Approved September 27, 1883. TO CARRY OUT THE OBLIGATIONS OF THE STATE TO RANSOM MONTGOMERY, ETC No. 57. Whereas, Ransom Montgomery, under a resolution of the General Assembly of this State, adopted at the session in 1849, was purchased by the State of Georgia with intent to provide him a permanent home in consideration of valuable services rendered the State by him, in saving the bridge of the Western and Atlantic Railroad across the Chattahoochee river from destruction by fire; and Whereas, By Act of the General Assembly, approved February 8, 1854, the authorities of said Western and Atlantic Railroad were required to take into the service of said road the said Ransom Montgomery, requiring such labor of him as he was able to perform, and to pay him for the same; and Whereas, Since the leasing of the Western and Atlantic Railroad, employment has not been furnished the said Ransom Montgomery; and Whereas, It is the purpose of this General Assembly to carry out in good faith the intentions of the people of this State, as expressed by their constituted representatives, so far as the same can be done under the Constitution of the State: therefore Be it resolved by the House of Representatives, the Senate concurring , That the superintendent of public buildings be, and he is hereby respectfully requested to employ, permanently, the said Ransom Montgomery to take charge of and keep in order the closets in the capitol building, said work to be performed under the direction and supervision of the superintendent of public buildings; provided , that nothing in this resolution contained shall prevent the superintendent from discharging said Montgomery for neglect or refusal to do the duty assigned. Superintendent public buildings requested to employ Ransom Montgomery. Resolved , 2. That the pay fixed for the said Ransom Montgomery for the services aforesaid shall be fifteen dollars per month, which amount is hereby appropriated out of any money in the treasury not otherwise appropriated; provided , that the salary to be paid to the said Ransom Montgomery be paid by the Treasurer to the said Ransom Montgomery personally. Salary $15 per month. To be paid to him personally. Approved September 27, 1883. Page 689 AUTHORIZING THE GOVERNOR TO EMPLOY AN ADDITIONAL NIGHT WATCHMAN FOR THE STATE CAPITOL. No. 58. Whereas, The number of night watchmen for the capitol building is thought to be inadequate, and the records of the several departments of the State Government are constantly exposed to fire and other means of destruction: therefore be it An additional night watchman. Resolved by the Senate and House of Representatives , That the Governor be and he is hereby authorized to employ an additional efficient night watchman for the capitol building. Approved September 27, 1883. TO PAY FOR ESTABLISHING THE LINE BETWEEN GEORGIA AND NORTH CAROLINA. No. 63. Whereas, A bill is now pending before the present session of the General Assembly to survey and locate the line between Macon county, North Carolina, and Rabun county, Georgia, and to authorize the Governor of Georgia to appoint commissioners on the part of this State to coperate with the commissioners to be appointed by the Governor of North Carolina to locate and establish said line: Therefore be it Resolved by the Senate and House of Representatives , That one hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated for that purpose, and the Governor is hereby authorized to draw his warrant on the treasury for whatever of said amount as may be necessary, whenever the work shall have been completed according to the terms of said Act; provided , no portion of said sum shall be drawn from the treasury until the Governor of the State is satisfied the said contemplated survey has been made and the said contemplated line established between the State of Georgia and North Carolina. Sum appropriated. Governor may draw warrant for same. Moneywhen paid. Approved September 28, 1883. Page 690 AUTHORIZING THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES TO SIGN BILLS AND RESOLUTIONS AFTER THE ADJOURNMENT OF THE GENERAL ASSEMBLY. No. 64. Resolved by the House of Representatives, the Senate concurring , 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 forty-eight hours after the final adjournment; provided , such bills shall have been reported as duly enrolled prior to such adjournment. May sign, when. Proviso. Approved September 28, 1883. AUTHORIZING THE GOVERNOR TO SECURE A SAFE PLACE OF DEPOSIT FOR SUCH PUBLIC RECORDS, Etc., AS CAN BE CONVENIENTLY DISPENSED WICH BY THE VARIOUS DEPARTMENTS. No. 66. Resolved by the House of Representatives, the Senate concurring , That the Governor be, and he is hereby authorized and required to procure some safe and suitable place in the city of Atlanta, as nearly fire-proof as possible, in which to store and keep such of the public records and archives now in the capitol building as can de dispensed with by the various officers of the several departments of State. Depositorv for public records. Resolved, further , That the several officers of the departments be, and they are hereby required, under the supervision of the Governor, to have boxed and placed in such store-room all the archives and records of their offices which can be spared from said offices. Duty of officers of departments Approved October 1, 1883. REFERRING REPORT OF JOINT COMMITTEE ON THE PENITENTIARY, AND THE EVIDENCE TAKEN BY SAID COMMITTEE, TO THE GOVERNOR. No. 65. Resolved by the Senate, the House of Representatives concurring therein , That the report of the joint committee on the penitentiary, who were directed to investigate whether any of the companies having in charge the convicts of this State have violated section 6 of the Page 691 General Lease Act, with the testimony accompanying the report, be referred to his Excellency the Governor for his information. Report and evidence referred to the Governor. Resolved, further , That the committee be discharged from the further consideration of the matter referred to in said resolution. Approved October 1, 1883. CALLING FOR INFORMATION AS TO EXECUTIVE PARDONS, Etc. No. Whereas, The Constitution of the State of Georgia requires the Governor of the State, at each session of the General Assembly, to communicate to that body each case of reprieve, pardon or commutation granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of reprieve, pardon or commutation, and the reasons for granting the same; and Whereas, The late Governor Alfred H. Colquitt, in a communication to this body, failed to include the pardon of Joseph E. Thurmond and Charles Davidson, known to have been pardoned by him: Be it resolved by the Senate and House of Representatives , That the Governor be requested to furnish, for the information of the General Assembly and the people of the State of Georgia, any information which may appear upon the minutes of the Executive Department as to the reprieves, pardons and commutations granted by the late Executive, since the twentieth day of October, 1882 (the date of the biennial report of the principal keeper of the Georgia penitentiary) with the reasons therein contained for Executive clemency. Information requested of Governor. Agreed to December 6, 1882. AUTHORIZING THE SIGNING OF BILLS AFTER ADJOURNMENT. No. 6. 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. When may sign bills, etc. Proviso. Approved December 8, 1882. Page 692 APPOINTING A COMMITTEE TO INVESTIGATE AND REPORT UPON THE ROAD LAWS. No. 10. Whereas, The road laws of the State of Georgia are extremely deficient, uncertain and entirely inadequate to meet the requirements of the public, and the highways of a great portion of the State are badly neglected on account of these imperfect road laws; and Whereas, There is no matter of greater public importance and tending more to the comfort and convenience of the people than good public roads: Be it therefore resolved by the Senate and House of Representatives , That a committee of three upon the part of the Senate and five upon the part of the House be appointed, whose duty it shall be to examine the existing road laws of the State and investigate the whole matter in such manner as they may deem best to arrive at a thorough understanding of the question and report to this General Assembly after the recess such legislation as may be necessary to perfect our system of road laws, and make such other recommendations that will aid in accomplishing this object. Three from the Senate and five from the House. Duties of committee. Shall report to Legislature after the recess. Approved December 9, 1882. INSTRUCTING THE JOINT COMMITTEE ON THE PENITENTIARY TO INVESTIGATE AND ASCERTAIN WHETHER ANY LESSEES OF CONVICTS IN THIS STATE HAVE VIOLATED THE TERMS OF THE LEASE ACT. No. 11. Resolved, By the Senate, the House of Representatives concurring therein , That the joint committee on the penitentiary be authorized and directed to investigate whether the several companies having in charge the convicts of this State as lessees have violated, either directly or indirectly, by contract or otherwise, section six (6) of the General Lease Act, approved February 25, 1876, by sub-letting, hiring or leasing said convicts, or any portion of them, to other parties, and, after a thorough investigation, that said committee report to the General Assembly as early as practicable the result of said investigation, with such recommendation as the facts may justify, and whether any additional legislation is necessary to carry into effect the purposes of said Act. To inquire whether lessees have violated the lease act. Must report to General Assembly. Resolved, further , That for the purposes of this investigation, said committee be authorized to send for persons and papers to enable them to fully investigate said matters Authorized to send for persons and papers. Approved December 9, 1882. Page 693 DIRECTING STATE LIBRARIAN TO SHIP THE CODE TO CERTAIN OFFICERS. No. 15. Be it resolved by the Senate and House of Representatives , That Frank L. Haralson, State Librarian, cause to be shipped, under the management and direction of the Governor, after the same shall have been corrected by Hon. Logan E. Bleckley, or such other person as the Governor may designate, as provided by joint resolution, the Code of 1882 as follows: One to Chief Justice and each Associate Justice of the Supreme Court; one to each clerk of the superior court; one to each ordinary; one to each sheriff; one to each justice of the peace; one to each judge of the superior court; one to each solicitor-general; one to each judge of the county court; one to each judge of city court, and one to each notary public who is ex-officio justice of the peace, and in whose militia district there is no justice of the peace. To ship after correction of. To whom supplied. Approved December 12, 1882. AUTHORIZING H. H. CABANISS AND W. H. HARRISON TO PUBLISH THE PUBLIC ACTS OF SESSION OF 1882. No. 17. Be it resolved by the House of Representatives, the Senate concurring, That Henry H. Cabaniss and W. H. Harrison be, and they are hereby authorized to publish the Public Acts of the present session of the General Assembly, and for that purpose the Secretary of State is hereby directed to turn over to them the manuscripts of the Public Acts passed at this session, to be by them safely returned. Publication of Public Acts authorized. Secretary of State to turn over engrossed copies. And be it further resolved , That the Governor is hereby authorized to subscribe for five hundred copies of said pamphlet for the use of the officers of this State, at a cost not to exceed fifty cents per copy. Governor may subscribe for. Approved December 12, 1882. Page 694 REQUESTING OUR SENATORS AND REPRESENTATIVES TO LAY BEFORE CONGRESS THE MEMORIAL HERETO ATTACHED RELATING TO THE CONSTRUCTION OF PUBLIC BUILDINGS AT BRUNSWICK, GEORGIA. No. . Whereas, Brunswick possesses natural advantages for the transaction of commercial business of a high order, unsurpassed by any harbor south of Chesapeake Bay, and has increased its export business from $639,000 in 1875 to $3,000,000 in 1882, and the number of vessels clearing from its custom-house from 192 in 1878 to 500 in 1882, and its shipments of lumber from 39,000,000 feet in 1877 to 110,943,197 feet in 1882, and its naval stores from nothing in 1874 to 137,508 barrels in 1882; and whereas, a new line of railroad connecting with the West and Northwest has recently been completed, known as the East Tennessee, Virginia and Georgia Railroad Company, and the Brunswick and Albany Railroad, has recently been sold to a party of foreign capitalists, who propose to extend it west to Selma, Ala., there connecting with a vast system of roads known as the Erlanger and Seligman system of roads; and whereas, the harbor of Brunswick and its development is a matter of deep concern, not only to all Georgians, but also to the people of the whole country; and whereas, the vast increase in business above recited, and the increase in business which may safely be anticipated from the extension of the railroads terminating at Brunswick, as aforesaid, requires and will require adequate public buildings; and whereas, no appropriation has ever been made for such a purpose at Brunswick by Congress: therefore Commercial advantages of Brunswick, Ga. Increased exports. Number of vessels clearing from its Custom House. Increased railroad facilities. Prospective railroads. Adequate buildings to accommodate. Be it resolved by the Senate and House of Representatives of the State of Georgia , That our Senators and Representatives in Congress be requested to lay this memorial before that body at an early day, and urge such measures taken as will speedily accomplish the end in view, to-wit, a suitable appropriation to secure public buildings at Brunswick adequate for the business of that port. Our Senators and Representatives requested to lay this memorial before Congress. Approved December 8, 1882. Page 695 REQUESTING OUR SENATORS AND REPRESENTATIVES IN CONGRESS TO SECURE THE REPEAL OF THE LAW IMPOSING A TEN PER CENT. TAX ON STATE BANKS. No. 2. Whereas, The banking capital of this State is wholly inadequate to the wants of the people; and Whereas, The existing condition of affairs in this respect is attributable to a provision of an Act of the Federal Congress, approved March 3, 1865, which levies a tax of ten per cent. per annum on the circulation of all banks chartered under State laws; and Whereas, The said tax is unwise, restrictive and oppressive, and should no longer remain on the statute books: therefore be it Resolved by the General Assembly of Georgia , That our Senators in Congress be instructed, and our Representatives in Congress be requested, to use their best and most persistent efforts to secure the repeal of the provision of the Act hereinbefore mentioned. Asking repeal of an Act taxing State banks. Resolved , That a copy of the foregoing preamble and resolution be transmitted by his Excellency, the Governor of this State, to our Senators and Representatives in Congress. Copy of sent to them. Approved December 5, 1882. REQUESTING OUR SENATORS AND REPRESENTATIVES IN CONGRESS TO USE THEIR INFLUENCE FOR THE REPEAL OF THE PRESENT INTERNAL REVENUE LAWS, Etc. No. 3. Whereas, There exist in portions of this State much annoyance injustice and oppression, growing out of the enforcement of the internal revenue laws; and Whereas, On account of an Act of the Federal Congress allowing parties engaged in the revenue service to have cases growing out of a violation of State laws removed to the Federal courts, whereby violators of the law in a large number of cases escape merited punishment: Be it therefore resolved by the General Assembly of Georgia , That our Senators and Representatives in the United States Congress are requested to use their efforts to secure a repeal or modification of the present revenue laws, so as to remove or alleviate the annoyance and oppression that now afflict our people. Asking repeal or modification of Internal Revenue Laws. Be it further resolved , That our said Senators and Representatives use their best efforts to have the law of Congress repealed which authorizes the removal to the Federal courts cases growing out of the violation of State laws on the part of revenue officials. Relating to transfer of cases to U. S. courts. Page 696 Be it further resolved , That a copy of these resolutions be by the Governor transmitted to our Senators and Representatives in the Federal Congress. Approved December 15, 1882. APPOINTING A COMMITTEE TO ATTEND THE SESQUI-CENTENNIAL CELEBRATION AT SAVANNAH. No. 4. Whereas, the citizens of Savannah propose to hold a Sesqui-Centennial celebration of the landing in that city of Gen. Oglethorpe, February the 12th, 1733; and whereas, the State of Georgia is closely identified with this important event, and should be properly represented at the approaching celebration: therefore Be it resolved , That a joint committee of three from the Senate and five from the House, including the President of the Senate and Speaker of the House, be appointed to represent the General Assembly of the State of Georgia at said celebration, the same to be done without expense to the public treasury. Committee to represent the General Assembly. Approved December 5, 1882. REQUESTING OUR SENATORS AND REPRESENTATIVES IN CONGRESS TO SECURE THE PASSAGE OF AN ACT EXTENDING THE TIME FOR FILING COTTON CLAIMS, Etc. No. 5. Whereas, the time for the presentation of claims for cotton seized by the military authorities of the United States government after the cessation of hostilities has expired by limitation; and Whereas, great hardship has inured to many parties, many of them widows and orphans, in consequence of the general condition of the country, the lack of information as to the terms of the Act of Congress as well as the great difficulty encountered in order to obtain the necessary evidence in time to support such claims before the expiration of the time in which the same was required to be presented: Be it therefore resolved by the General Assembly of the State of Georgia , That our Senators and Representatives in Congress be requested to use their efforts to have a measure passed giving further time for the presentation of claims for cotton in the court of claims of the United States. Asking further time for filing cotton claims against the U. S. Resolved , That in the event of the passage of such a measure by Congress, the Governor of Georgia be, and he is hereby authorized to employ some competent person or persons to represent any Page 697 proper claim which the State of Georgia may have against the government of the United States by reason of the seizure of cotton belonging to the State of Georgia, fixing his or their compensation, as the Governor may deem well founded and just; and provided , that such agent or agents shall receive no compensation, unless he or they succeed in establishing the claim, and then a per centum upon the amount recovered. Governor may appoint agent for State. To be paid a percentage of collections. Approved December 8, 1882. RELATING TO ESTABLISHMENT OF A MAIL ROUTE FROM TRADERS' HILL TO WILLISVILLE, IN THIS STATE. No. 8. Resolved by the Senate, the House of Representatives concurring , That our Representatives in Congress be requested to use their influence to have a weekly mail route established to run from Traders' Hill, Ga., up through the bend of St. Mary's river, in the county of Charlton, by the way of Gamneysville, thence to James C. Smith, thence to Willisville, the terminus of said route, said mail to be carried on horse back, and his Excellency the Governor cause a copy of this resolution to be forwarded to each of our Senators and Representatives in Congress. Mail route. Approved December 9, 1882. PROVIDING FOR A RECESS OF THE GENERAL ASSEMBLY. No. 9. Resolved by the Senate and House of Representatives , That on the 8th day of December, 1882, the General Assembly do take a recess until the 1st Wednesday in July, 1883, to reconvene on that day at 10 o'clock a. m. for the purpose of finishing the public business. Recess from 8th December, 1882, to July 4th, 1883. Approved December 9, 1882. AUTHORIZING THE APPOINTMENT OF ADDITIONAL MEMBERS OF THE COMMITTEE TO ATTEND THE SESQUI-CENTENNIAL AT SAVANNAH, GA. No. 12. Whereas, a joint resolution has been adopted by this General Assembly, and approved by the Governor, providing for a committee of three from the Senate and five from the House to attend the Page 698 Savannah Sesqui-Centennial; and whereas, it now seems desirable to have a larger representation on that occasion: therefore Be it resolved by the Senate and House of Representatives , That the President of the Senate and the Speaker of the House be authorized to add to the committee such additional members of the two houses as may be desirable to accomplish this object. Addition to committee to attend the Cesqui-centennial. Approved December 9, 1882. PROVIDING FOR THE EXAMINATION, CORRECTION AND DISTRIBUTION OF THE NEW CODE. No. 13. Whereas, it appears that certain public Acts, passed since 1873, are omitted in the Code of 1882: therefore be it Resolved by the Senate, the House of Representatives concurring , That, first, the question as to what of said Acts which should be contained in the Code are omitted therefrom be referred to Hon. Logan E. Bleckley, and he is hereby directed, in case of his acceptance of this appointment, to report to the Governor of this State, within the shortest time practicable, the result of his investigation in said matter. Omissions referred to Hon L. E. Bleckley. Report to be made to Governor. Second. That the compilers be required to publish on paper of the same size as the Code is printed on and in such shape that the same may be pasted in said Code, or if too large for such purpose, to be bound neatly in pamphlet form, all such Acts as may be found to be omitted and transmit one copy thereof to each public officer and each private subscriber to whom said Code has been delivered, and to insert one copy in each Code yet to be delivered and not sent to the public officers. Omitted Acts now printed. How disposed of Third. That in case Hon. Logan E. Bleckley declines this appointment, the Governor may appoint some other competent lawyer to conduct said examination. Fourth. That the expenses of said examination shall be paid by the compilers. Expenseshow paid. Fifth. Whenever the Governor is satisfied that this resolution has been fully complied with, he may proceed as authorized by the Act of September 16, 1881, and until then the State Librarian shall not send out any copies of said Code to the public officers, and until then no part of the remaining appropriation for said Code shall be drawn from the treasury. Further proceedings. Approved December 11, 1882. Page 699 LOOKING TO A CONTINUANCE OF THE SUIT AGAINST LESSEES OF THE WESTERN AND ATLANTIC RAILROAD UNTIL THE MEETING OF THE GENERAL ASSEMBLY IN JULY, 1883. No. 14. Whereas, Resolutions have been introduced into both branches of the General Assembly at this session looking to a discontinuance of the suit instituted by the State against the lessees of the Western and Atlantic Railroad Company to forfeit the lease of said company; and whereas, said resolutions are now in the hands of the Judiciary Committees of the respective branches of the General Assembly, and a sufficient length of time of the present session does not remain for the proper consideration and disposition of the question: Resolved by the Senate, the House of Representatives concurring , That his Excellency the Governor be requested to confer with counsel for the lease company and arrange if possible for a continuance of said suit until after the sitting of the General Assembly in July, 1883, and report the result of the conference to the Senate and House of Representatives before the recess, if practicable. Duty of Governor. Result to be reported. Approved December 8, 1882. APPOINTING A SPECIAL JOINT COMMITTEE TO VISIT AND EXAMINE THE LUNATIC ASYLUM DURING THE RECESS. No. 16. Resolved by the House of Representatives, the Senate concurring , That in accordance with the recommendation of the special committee, appointed to visit the Lunatic Asylum, a committee of five from the House and three from the Senate be appointed to visit said asylum during the recess of the Legislature, whose duty it shall be to thoroughly investigate the various departments of said institution and report the result of their investigation at the re-convening of the session of the Legislature; that a majority of said joint committee shall constitute a quorum for the performance of the duties herein required, and said committee shall be convened at the call of the chairman of the Senate and House committee. Joint committee. Duty of. When to report. Approved December 12, 1882. Page 700 APPOINTING A COMMITTEE TO PROCURE A LIFE-SIZE PORTRAIT OF HON. B. H. HILL. No. 18. Whereas, In the order of the Providence of the Great Ruler of the destinies of nations and men, the Honorable Benjamin Harvey Hill, Georgia's gifted son, orator, jurist and statesman, has been removed, by death, from her service in the national councils, and that he who, in the darkest hours of our beloved commonwealth's history, was true to all of her interests, and when overshadowed by the clouds and smoke of political despotism, and all the voices of Southern statesmen were hushed, and none dared to break the awful silence and plead the cause of equal rights before the national tribunal, stepped into the arena and proclaimed that we were in our father's house, and with power of his eloquence and force of argument stayed the crushing billows of political fanaticism and labored on in faith and hope till all the Southern States were well-nigh freed from carpet-bag misrule and placed abreast with their sister States: It is therefore resolved by the House, the Senate concurring , That a committee of one from the Senate and two from the House be appointed to procure a life-size oil painting of the Hon. B. H. Hill's likeness, to be by them placed in the Representative Hall of this State as a memento of his distinguished services in the halls of the national council. Committee to procure portrait. Resolved, further , That the sum of one thousand dollars (or so much thereof as may be necessary) be, and same is hereby appropriated to pay for said oil painting, and the Governor is authorized to draw his warrant on the treasury therefor, to be paid out of any money not otherwise appropriated. Amount appropriated. Governor to pay same by warrant on treasury Without reference to the preamble this resolution is approved by me. Alexander H. Stephens, Governor. December 13, 1882. NATIONAL AID TO EDUCATION IN THE STATE. No. (19)2. Resolved , That our Senators and Representatives in Congress are hereby respectfully requested to use their influence and efforts to procure the passage of an Act by Congress aiding the States in a system of general education, either by direct appropriation of money or from the proceeds of the public lands. National aid to education requested. Approved December 13, 1882. Page 701 APPROPRIATING MONEY TO PURCHASE BOOKS FOR McDUFFIE COUNTY. No. 19. Whereas, The General Assembly of Georgia has heretofore directed by resolution that the new counties of this State should be supplied with Georgia Supreme Court Reports rendered prior to the formation of said counties; and Whereas, The county of McDuffie having been created in 1870, and is imperfectly supplied with such Reports; and Whereas, Her application for said Reports is met by the statement that no appropriation is at hand with which said Reports can be bought: Therefore be it resolved by the General Assembly of Georgia , That the sum of one hundred and seventy-five dollars, or so much thereof as may be necessary, be appropriated to purchase for said county the Georgia Supreme Court Reports from No. 1 to No. 20, inclusive, and from No. 32 to No. 39, inclusive, excepting the supplement to vol ume 33. $175,000 appropriated to buy Supreme Court Reports. Reports designated. Resolved, further , That the Governor be authorized to draw his warrant upon the Treasurer for said sum in favor of the State Librarian, and that said Librarian be, and is hereby directed to purchase and transmit to the clerk of superior court of McDuffie county the Reports enumerated in this resolution. Governor to draw his warrant. Duty of Librarian. Approved August 14, 1883. NATIONAL AID TO EDUCATION IN THE STATES. No. (20) 1. Whereas, As a result of the late war, the colored people of the South were set free and made citizens; and whereas, in the State of Georgia they were very nearly equal in numbers to the whites, and at the time of their emancipation were entirely destitute of property, and, in very large numbers, have continued so up to this time; and whereas, the white people themselves were greatly reduced, many of them to a state of destitution, very nearly as extreme as that of the colored people; and whereas, the facts herein recited have rendered it impossible, for the time being, for this State to make adequate provision for the education of our youth; and whereas, wide-spread illiteracy, enjoined with universal suffrage, has put the institutions of the whole country in peril: Therefore be it resolved by the General Assembly of State of Georgia , That we hail with pleasure the movement now being made in the Congress of the United States to raise a fund for distribution for a term of years among the States in aid of popular education, the distribution to be made on the basis of illiteracy. Aid to education by United States. Distribution of fund. Page 702 Resolved , That the proposition to have this fund applied, under State laws, by the regular constituted State authorities, to the support of common schools, normal schools, and other agencies for securing an adequate corps of well qualified common school teachers, meets our hearty approval. How applied. Resolved , That our Senators and Representatives in Congress are hereby requested to use their best endeavors to secure the passage of an educational bill, which shall be liberal in its monetary provisions, and which shall be well guarded against improper Federal interference in the educational affairs of the States. Passage of a liberal Act, etc., invoked. Resolved , That as our own limited fund is applied to the education of all the children, without discrimination as to race, so shall any fund which may be furnished by Congress be applied with equal impartiality. Fundhow used. Resolved , That his Excellency the Governor is hereby requested to have copies of these resolutions made out and forwarded to Washington at once, to be laid before both houses of Congress as early as practicable after the commencement of the approaching session. Copies to be forwarded to Washington. Approved December 15, 1882. AUTHORIZING THE SPECIAL COMMITTEE ON THE MARIETTA AND NORTH GEORGIA RAILROAD TO SEND FOR PERSONS AND PAPERS. No. 20. Whereas, The special joint committee, appointed to investigate the charges of illegal management of the convicts employed in the construction of the Marietta and North Georgia Railroad, and the improper issue of bonds, execution of mortgages, etc., find it impossible to make such investigation without power to send for persons and papers, to administer oaths and take testimony, be granted them: Be it therefore resolved by the Senate, the House of Representatives concurring therein , That full power to send for persons and papers, to administer oaths and take testimony, be, and the same is hereby granted said committee. Certain powers granted the committee. Approved August 14, 1883. Page 703 AUTHORIZING SPECIAL JOINT COMMITTEE ON THE MARIETTA AND NORTH GEORGIA RAILROAD TO EMPLOY A STENOGRAPHER, SERGEANT-AT-ARMS, ETC. No. 21. Whereas, It will be necessary for the special joint committee to investigate the Marietta and North Georgia Railroad Company to have a stenographic reporter and a sergeant at-arms: Certain privileges granted the committee. Be it therefore resolved by the Senate, the House concurring , That said committee be, and they are hereby authorized and empowered to employ such stenographic reporter and sergeant-at-arms upon such terms as they may agree upon. Approved August 16, 1883. EXTENDING THE TIME FOR THE CITY AUTHORITIES OF AUGUSTA TO CONSTRUCT A FISH-WAY IN THE CANAL AT THAT CITY. No. 23. Resolved by the Senate and the House of Representatives , That the time allowed the city authorities of Augusta to construct a fish-way in the canal-dam, under the resolution of the General Assembly, approved September 28, 1881, be extended six months from the 15th of September, 1883, and in the event the said city authorities fail to construct or insert, by the expiration of said six months, a good and sufficient McDonald fish-way in the opening in said dam nearest the Georgia shore, or in that nearest the South Carolina shore which place is left optional with said city authorities, then his Excellency the Governor is hereby authorized and directed to enforce the provisions of said resolution, approved September 28, 1881. Time extended for construction of fishway in canal at Augusta. When Governor shall enforce resolution of Sept 28, 1881. Approved August 22, 1883. PROVIDING A JOINT COMMITTEE TO PROCURE AND DEPOSIT THE RECORDS OF THE STATE MEDICAL BOARD. No. 26. Whereas, the State Medical Board has been abolished; and whereas, said board has a record of all its transactions covering a long period; and whereas, said records are liable to be lost or destroyed: Therefore, be it resolved by the General Assembly , That a committee of two from the House and one from the Senate be appointed, whose duty it shall be to procure the records of said board and deposit them in the archives department of the State. Joint committee of two from House and one from Senate. Approved August 25, 1883. Page 704 TO PAY MILEAGE TO MEMBERS AND OTHERS FOR THE ADJOURNED SESSION, 1883. No. 27. Whereas, the present session of the Legislature, adjourned from the regular November session of 1882, was a necessity under the exigencies of the public business: Resolved by the House, the Senate concurring , 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 adjourned session of the General Assembly as is done at a regular session. To whom paid. Coming to and returning from the Capital. Approved August 28, 1883. PROVIDING FOR PAY OF PER DIEM AND ACTUAL EXPENSES OF THE JOINT COMMITTEE TO EXAMINE AND REPORT UPON THE STATE LUNATIC ASYLUM IN RECESS. No. 29. Be it resolved by the General Assembly , That the State Treasurer do pay to each member of the joint committee, appointed to investigate the affairs of the Lunatic Asylum, the sum of four dollars for each day employed by said committee in such investigation, including the time spent by each member in going to and returning from said asylum, and also the sum actually paid out by each member for his expenses in connection with such investigation, such payments to be made upon the itemized accounts of each member, properly audited by the auditing committee of the house to which he belongs. Treasurer to pay. Four dollars per day. Timehow computed. Actual expenses. How paid. Approved September 4, 1883. APPROPRIATING PAY OF CHAPLAINS FOR SESSION OF 1883. No. 32. Resolved by the House of Representatives, the Senate concurring , That the sum of one hundred dollars each be appropriated to pay the salary of the Chaplains of the House and Senate for the adjourned session of 1883. $100.00 to each chaplain. Approved September 12, 1883. Page 705 TO PAY PER DIEM AND ACTUAL EXPENSES OF THE JOINT COMMITTEE TO EXAMINE AND REPORT UPON THE DEAF AND DUMB INSTITUTE. No. 33. Be it resolved by the General Assembly of Georgia , That the State Treasurer do pay to each member of the joint committee, appointed to visit and investigate the affairs of the Institution For the Deaf and Dumb, the sum of four dollars for each day employed by said committee in such investigation, including the time spent by each member in going to and returning from said institution, and also the sum actually paid out by each member for his expenses in connection with such investigation, such payments to be made upon the itemized account of each member, properly audited by the auditing committee of the house to which he belongs. Treasurer to pay. Per diem $4. Actual expenses. How paid. Approved September 12, 1883. TO PAY THE PER DIEM AND MILEAGE OF DANIEL R. PROCTOR No. 34. The General Assembly of Georgia do resolve , That the State Treasurer be authorized and directed to pay to Daniel R. Proctor, the former sitting member of the House of Representatives from Camden county, and defendant in the contested election case from said county, the usual per diem for his services up to the time Anthony Wilson, the contestant, was seated, as well as mileage coming to and returning from the capital to attend there both the regular and adjourned sessions of the General Assembly. Daniel R. Proctor, contestant, allowed per diem and mileage. Approved September 12, 1883. TO PAY JOHN W. CAIN THE REWARD FOR ARRESTING AUGUSTUS JOHNSON. No. 36. Whereas, Governor Smith, on the 4th of September, 1876, offered a reward of three hundred dollars for the arrest of Augustus Johnson, and sufficient proof to convict, for the murder of Alfred McCorver, in Floyd county, Georgia, on the 25th day of August, 1876; and whereas, Governor Colquitt, of said State, revoked said order January 29, 1877; and whereas, John W. Cain did arrest said Augustus Johnson a few days after said order offering said reward Page 706 was revoked; and whereas, the said Cain had expended considerable money in arresting and procuring testimony to convict said Augustus Johnson; and whereas, the order revoking said reward was unknown to said Cain: therefore Reward offered by Governor Smith. Revoked by Governor Colquitt. Be it resolved , That the Governor be authorized to draw his warrant on the treasury of said State for the sum of three hundred dollars in favor of John W. Cain in pursuance of the reward offered by Governor Smith. Sum appropriated. Governor to draw his warrant for same. Approved September 14, 1883. PROVIDING FOR THE PRESERVATION AND REPAIR OF THE SWORD PRESENTED BY GEORGIA TO THE LATE COL. DANIEL APPLING. No. 37. Whereas, the State of Georgia voted a sword of honor to the late Col. Daniel Appling, who died before the said testimonial could be presented to him; and whereas, this sword of honor has been left uncared for and considerably injured in value and appearance on this account: therefore be it Col. Daniel Appling's sword. In damaged condition. Resolved , That the Governor be, and he is hereby authorized to have the said sword properly repaired and placed in a suitable case, and with the framed resolutions passed by the General Assembly, deposited in the archives of the Georgia Historical Society for safe keeping until the State shall have provided a proper archives department. Duty of Governor. Approved September 14, 1883. APPROPRIATING MONEY TO PURCHASE CERTAIN BOOKS FOR DOUGLAS COUNTY. No. 42. Whereas, The General Assembly of Georgia has heretofore instructed by resolution that the new counties of this State should be supplied with Georgia Supreme Court Reports issued before the formation of said counties; and whereas, the county of Douglas having been created in 1870, and is imperfectly supplied with such reports; and Whereas, All applications for said Reports are met by the statement that no appropriation is at hand with which said Reports can be bought: therefore Be it resolved by the General Assembly of Georgia , That the sum of one hundred and seventy-five dollars, or so much thereof as may be necessary, be appropriated to purchase for said county the Georgia Supreme Court Reports from No. 1 to No. 20, inclusive, and from No. 32 to No. 39, inclusive. $175.00 appropriated. For Supreme Court Reports. Page 707 Resolved further , That the Governor be authorized to draw his warrant upon the treasurer for said sum in favor of the State Librarian, and that said Librarian be, and is hereby directed to purchase and transmit to the clerk of the superior court of Douglas county the Reports enumerated in this resolution. Governor to draw his warrant. Duty of State Librarian. Approved September 19, 1883. TO REFUND A CERTAIN SUM TO W. H. HORNE, TAX COLLECTOR OF SPALDING COUNTY, GEORGIA. No. 43. Whereas, W. H. Horne, tax collector of Spalding county, State of Georgia, was providentially detained from making his official returns to and settlement with the Comptroller-General at the time designated by law, by protracted sickness of himself and family, from which he lost by death an only daughter, and a son was confined to his bed for weeks, during which time all of his physical strength was necessary to the parental care of his sick family; and whereas, because of this delay when he did not make settlement with the Comptroller-General that that officer charged to his account seventy-six dollars and twenty-nine cents, as a penalty for said delay under provisions of sections 909 and 910 of the Code of 1882: therefore Prompt returns prevented by Providential cause. Delay and penalty imposed. Be it Resolved by the General Assembly of the State of Georgia , That the sum of seventy-six dollars and twenty-nine cents be remitted to W. H. Horne, tax collector of Spalding county, Georgia. Penalty remitted. Approved September 21, 1883. TO PAY N. N. EDGE FOR ADVERTISING WILD LANDS. No. 45. Whereas, Thomas W. Arwood, tax receiver for the county of Cherokee, did, on the day of , 1882, issue a large number of tax fi. fas. for the tax (State and county) for the year 1882 against wild land in said county; and Whereas, the said tax receiver placed said fi. fas. out for collection, which were levied on 238 lots of land and returned to the sheriff of said county to advertise and sell; and Whereas, the said sheriff did advertise said lots to sell at the court-house in Canton, in the Cherokee Advance, a newspaper published in Canton in Cherokee county; and Whereas, before the day of sale the said tax receiver, by direction of the Comptroller General, ordered the said sheriff not to sell; and Page 708 Whereas, the editor, N. N. Edge, never got pay for advertising the said lands; it is therefore Resolved by the House of Representatives, the Senate concurring , That the State Treasurer be authorized to pay N. N. Edge twenty-seven dollars and forty-five cents ($27.45), the amount of his bill for advertising. Appropriation N. N. Edge. Approved September 24, 1883. APPROPRIATION TO PAY EXPENSES OF COMMITTEE TO PROCURE AND FILE THE RECORDS OF THE STATE MEDICAL BOARD. No. 46. Resolved by the House, the Senate concurring , That the committee appointed to visit Milledgeville for the purpose of procuring for preservation the records of the State Board of Physicians be paid their actual expenses upon presenting, duly audited, an itemized account in going to and from Milledgeville for said purpose. Appropriation to pay expenses of committee. How to be paid. Approved September 24, 1883. TO PAY THE EARLY COUNTY NEWS FOR ADVERTISING WILD LANDS. No. 47. Whereas, at the November session of the General Assembly an Act was passed extending the time for the payment of taxes on wild lands in this State; and Whereas, before the first Tuesday in December, on which day said lots of land were to be sold at sheriff's sale, said Act extending the time for the payment of taxes on wild lands became a law and stopped the sale, not, however, until the advertising had been done in compliance with law by the Early County News, the gazette in which sheriff's sales of Early county are published: therefore Be it Resolved by the House of Representatives, the Senate concurring , That the sum of eighty-four dollars and forty-eight cents ($84.48) be hereby appropriated for the payment of the bill of the Early County News for advertising lands as hereinbefore stated, and that the Governor be authorized to draw his warrant upon the State treasury for the payment of the same. $84.48 appropriated to Early County News. For advertising wild lands. Approved September 25, 1883. Page 709 TO DEFRAY EXPENSES OF COMMITTEE ON TECHNOLOGY. No. 48. Be it resolved by the House of Representatives, the Senate concurring , That the Treasurer be instructed to pay to the members of the Technological Committee the actual expenses incurred by them in the prosecution of their duties as members of such committee on their individual accounts, properly audited and itemized by the Committee on Auditing of the House. Treasurer to pay actual expenses. Account to be itemized and audited. Approved September 25, 1883. TO RELIEVE MEMBERS OF THE GENERAL ASSEMBLY WHO LOST BOOKS OF THE STATE BY THE BURNING OF THE KIMBALL HOUSE. No. 50. Whereas, several members of the General Assembly had in their possession, at the time of the burning of the Kimball House, Codes and other books which were the property of the State: Be it resolved by the General Assembly , That all members who had in their possession any books which were so destroyed are hereby fully relieved from all responsibility to the State, by reason of such loss upon filing with the Librarian an affidavit of such loss. Relieved upon filing affidavit with State Librari an. Approved September 26, 1883. ALLOWING EXTRA PAY TO PAGES AND PORTERS AND TO J. T. TAYLOR FOR EXTRA WORK, ETC. No. 52. Resolved by the House, the Senate concurring , That the pages be paid the sum of twenty-five cents each extra for each night session which they attend, in addition to the amount now allowed them, and the porters in the Senate and House of Representatives be paid twenty-five cents each night session of the respective houses, and that the sum of twenty-five dollars be, and the same is hereby appropriated to pay Jackson T. Taylor for extra work done by him on the Journals of the Senate of the session of 1882, after the adjournment thereof, and work to be done after the adjournment of this session, and that the Governor be authorized and required to draw his warrant on the Treasurer for said sum of twenty-five dollars in favor of said Taylor. Pages and porters extra for night sessions. Jackson T. Taylor paid for extra work. Approved September 26, 1883. Page 710 AUTHORIZING SETTLEMENT WITH THE TAX COLLECTOR OF TELFAIR COUNTY AND HIS SECURITIES. No. 53. Whereas, certain fi. fas. issued by the Comptroller-General against A. H. Graham, tax collector of Telfair county and his securities, for years 1873 and 1874, amounting to $2,311.56, are still pending; and whereas, after repeated efforts on part of State to collect said amount for various causes same has not been done; and whereas, said collector has certain vouchers for which he had no credit allowed him by the State; and whereas, an offer of compromise has been made by the surviving sureties to the Solicitor-General, now having said fi. fas. in charge; and whereas, under existing laws said Solicitor has not the authority to make such compromise: therefore Be it resolved , That the Solicitor-General having said fi. fas. in charge be, and he is hereby authorized to make such settlement of same as in his judgment will best serve the interests of the State, subject to the approval of the Governor. Settlement authorized. Governor to ratify settlement Approved September 26, 1883. TO RELIEVE THE SECURITIES OF THE TAX COLLECTOR OF BIBB COUNTY. No. 55. Section I. Be it resolved by the House of Representatives, the Senate concurring , That A. P. Collins, J. E. Ellis, W. P. Goodall, J. S. Kennedy and Michael Soh, securities upon the bond of H. J. Peter, the tax collector of Bibb county, be, and they are hereby relieved from the payment of twenty per cent. penalty incurred by the said tax collector by reason of his default of payment of taxes due the State, it being the fact that all the taxes due the State have been paid by the securities since the said default; provided , that nothing herein contained shall in any wise affect the liability of the tax collector for said penalty. Securities relieved from penalty for failure of Tax Collector to make his returns. Approved September 26, 1883. Page 711 TO PAY R. J. FITZGIBBONS AND WALTER P. BOWEN, STENOGRAPHER AND SERGEANT-AT-ARMS, EMPLOYED BY THE JOINT COMMITTEE TO INVESTIGATE THE AFFAIRS OF THE MARIETTA AND NORTH GEORGIA RAILROAD COMPANY. No. 56. Be it resolved by the General Assembly of Georgia , That one hundred and seventy-five dollars is hereby appropriated to pay R. J. Fitzgibbons, stenographer, and one hundred and forty dollars to pay Walter P. Bowen, sergeant-at-arms, employed by the committee appointed to investigate the affairs of the Marietta and North Georgia Railroad Company, and the Governor is hereby authorized to draw his warrant upon the treasury for said sums in favor of said parties respectively. Amount appropriated for Stenographer $175.00. For sergeant-at-arms $140. Approved September 26, 1883. TO PAY STENOGRAPHER OF THE COMMITTEE TO INVESTIGATE THE AGRICULTURAL DEPARTMENT. No. 60. Resolved by the House, the Senate concurring , That the sum of two hundred and twenty-five dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay expenses of a stenographer for reporting the evidence before the joint committee of the General Assembly investigating the Agricultural Department, and also for the payment of expenses actually incurred by witnesses subp[UNK]naed before said committee, and the Treasurer is hereby authorized to pay this amount on an itemized account properly audited and approved by the chairman of the Senate and House committee to investigate the Agricultural Department. Appropriation for Stenographer. How paid. Approved September 28, 1883. TO PAY A. F COOLEDGE, STENOGRAPHER OF PENITENTIARY COMMITTEE. No. 61. Whereas, by virtue of a joint resolution agreed to and approved at the present session empowering the committee on the penitentiary to employ a stenographer to report the evidence adduced before them on the investigation of the question as to whether any of the lessees of the convicts had violated their contract, the said Page 712 committee employed A. F. Cooledge, Esq, as such stenographer, who has punctually and properly performed all the duties required of him by said committee, and is entitled to be compensated for his services in reporting said testimony: therefore A. F. Cooledge, Stenographer. Be it resolved by the General Assembly of Georgia , That the sum of one hundred dollars ($100.00) be, and the same is hereby appropriated to pay A. F. Cooledge for services rendered by him as stenographer as before herein recited, and the Governor is hereby authorized and instructed to draw his warrant on the Treasurer in favor of said A. F. Cooledge for said sum of one hundred dollars. $100.00 appropriated. Approved September 28, 1883. NSTRUCTING OUR SENATORS AND REQUESTING OUR REPRESENTATIVES IN CONGRESS TO SECURE APPROPRIATION TO IMPROVE THE NAVIGATION OF THE SAVANNAH RIVER. No. 62 Resolved , That our Senators be instructed, and our Representatives in the Congress of the United States be requested to secure adequate appropriation to improve the navigation of the Savannah river below the city of Augusta. Navigation of Savannah riverasking appropriation for. Resolved , That the Clerk of the House of Representatives be instructed to furnish a copy of these resolutions to each of the Senators and Representatives from the State of Georgia in the Congress of the United States. Approved September 28, 1883. Page 713 REPORT OF THE JOINT COMMITTEE ON FINANCE, ADOPTED IN SENATE AND HOUSE OF REPRESENTATIVES ON SEPTEMBER 15, 1883. No. 49. The sub-committee of the Joint Finance Committee, after a most careful examination of the offices of Comptroller-General W. A. Wright and Treasurer D. N. Speer, submit the following report: The undersigned, constituting the sub-committee from the joint standing Committee on Finance, have examined the accounts, vouchers and books of the Comptroller-General and Treasurer, as required by section 186 of the Code, and respectfully submit that the books of these officers are models of neatness and accuracy, and that their reports made are confirmed by the facts and records of their offices. The books of the Treasurer, on the 5th day of September, 1881, the day when our predecessors examined into the affairs of that office, showed on hand, at the close of the day, $783,472.57, and said amount corresponds with the books of the Comptroller-General's office. From that date your committee examined the accounts, vouchers, etc., in the office of both the Treasurer and Comptroller-General up to and including the 6th day of September, inst., and the balance on hand at the close of that day's business, as shown by the books of the Treasurer and the facts of the case, was $699,419.47. Your committee verified the truth of the balance shown by the books by actually counting the cash in the vault and examining the statements of the different State depositories as to the balance on hand with them, respectively, an itemized account of which is hereto appended. In this balance is estimated the sum due from two of the State depositories that have failed, to-wit: $82,218.51 due from the Citizens' Bank, of Atlanta, and $22,206.23 due from the Bank of Rome; and to avoid carrying these amounts on the books and in the public reports as cash, we recommend that said sums be charged off the books of the Comptroller and Treasurer, and when any portion or all of the sum shall be realized, that it be receipted for and charged as other revenue finding its way into the treasury, and that a joint resolution be passed authorizing and directing it. We find a splendid vault in the Treasurer's office, amply large and secure for the State's treasure. In the opinion of your committee, the Treasurer and Comptroller deserve the gratitude of the people of this Commonwealth for the accurate, plain, systematic method in which they keep the business of their offices. In a moment's time the condition of any matter can be ascertained, and with the one a check upon the other, the most perfect harmony prevails in matters of fact and figures. We also append statement showing the receipts and expenditures by Page 714 quarters and fractions thereof for the period covered by our examination. Respectfully submitted, Thomas H. Baker, T. R. Jones, L. F. Livingston, J. G. Parks, L. P. Mandeville, Senate Committee. R. C Humber, F. A. Sinquefild, J. B. Wolfe, John McRae, T. F. Brewster, C. T. Zachry, W. M. Gordon, F. P. Rice, House Committee. TABULATED STATEMENT SHOWING THE CONDITION OF THE TREASURY. The following were the receipts and disbursements of the treasury from the 5th of September, 1882, to the 6th of September, 1883: Balance in treasury September 5, 1882, $ 783,472 57 Paid in last quarter of 1881, 727,506 48 Paid in first quarter of 1882, 633,202 27 Paid in second quarter of 1882, 144,869 20 Paid in third quarter of 1882, 183,699 36 Paid in fourth quarter of 1882, 633,825 22 Paid in first quarter of 1883, 365,217 54 Paid in second quarter of 1883, 175,764 90 Paid in fractional third quarter of 1883, 106,805 95 Total, $ 3,754,363 49 Paid out last quarter, 1881 $ 539,490 81 Paid out first quarter, 1882 123,765 08 Paid out second quarter, 1882 731,417 16 Paid out third quarter, 1882 387,804 68 Paid out fourth quarter, 1882 117,188 41 Paid out first quarter, 1883 500,916 48 Paid out second quarter, 1883 553,505 89 Paid out fractional third quarter, 1883 100,855 50 Total, $ 3,054,944 01 September 6, 1883Balance in treasury on this date $ 699,419 47 The following table shows where the balance was found, and of what is consists: Bonds and coupons cancelled $ 367,128 77 Advance civil establishment 10,260 62 Advance legislative department 46,339 05 Deposit Citizens' bank 82,218 51 Deposit Eagle Phenix bank $ 22,645 97 Georgia Railroad bank 24,028 61 Central Bank of Georgia 17,736 98 Southern bank 14,510 15 Bank of Rome 22,206 23 LaGrange bank 19,392 22 Bank of the University 5,014 44 Bank of Americus 14,257 70 Fourth National, New York 36,077 99 Cash in treasury 17,602 23 Balance in treasury $ 699,419 47 Page 717 INDEX TO PUBLIC LAWS. (For Index to Corporations, see Part II of Index). A. ADMINISTRATION By wife of deceased husband's estate, 47 Letters of, removed from one county to another, 75 Of unrepresented estatescounty administrator, 79 Letters of, do not abate upon marriage of feme soles , 100 ADULTERATED FOOD OR DRINK Sale of regulated, 128 ADVERTISEMENTS On fence elections, etc., how paid for, 129 By railroad commissioners, regulated, 133 AGRICULTURECOMMISSIONER OF To approve formulas for fertilizers, 118 ANIMALS Penalty for illegally releasing from pound, 51 APPROPRIATIONS For support of State government for 18834, 8 To supply deficiencies in 1882, 13 For sale of certain United States bonds, 14 To State University for Dahlonega, 16 For Georgia Form Book, 16 To James B. Palmer, special, 17 For completion of buildings at Lunatic Asylum, 18 For new capitol building, 18 To supply Supreme Court Reports to certain counties, 24 For payment of salary to Judge C. F. Crisp, 25 To Oglethorpe Light Infantry, for guns, 25 To pay J. M. Stubbs, D. M. Roberts and J. F. DeLacy fees, 26 For insurance of public buildings, 26 To supplement contingent fund, 27 To pay contingent expenses of Assembly, 27 To pay claim of J. E. McGuire, 28 To repair buildings of State University, 29 To pay funeral expenses of Gov. A. H. Stephens, 29 For the relief of M. L. D. Pittman, 30 For checks in wild land office, 30 For printing fund to railroad commission, 31 To O. H. Robert for an artificial arm, 31 To repair and refurnish mansion and Supreme Court room, 32 For books for State library, 32 To pay stationery accounts General Assembly, 33 To pay for surgical treatment of pupils of Blind Asylum, 33 Page 718 ATLANTA UNIVERSITY Reception of pupils in, 87 B. BLINDACADEMY FOR Reception of pupils in, 61 BREAKING A RAILROAD CAR Made felony, 132 BONDS Of the United States belonging to State ordered sold, 14 C. CAPITOL BUILDING Appropriation for new, 18 CAPITOL COMMISSIONERS Provided for, appointment, etc., 18 CATTLE Driving from infected districts prohibited, 147 CLERKS Of county courts, powers, etc., of deputies, 105 Of superior courts, dockets to be kept by, 55 CODEAmendments of Section 233Sheriff of Supreme Court, how chosen, 74 Section 267Dockets of clerks of superior courts, 55 Section 288(Sub-sec. 2) Publication of Supreme Court Reports, 76 Section 344Duties and powers, clerks court of ordinary, 70 Section 534Disabled soldiers allowed to peddle in cities and towns, 64 Section 719( f ) Railroad commissioners, advertisements by, 133 Section 809(b) Registration of liquor dealers, 55 Section 874(b) Sale of wild land for taxes, 47 Section 1215Reception of pupils into Academy for the Blind, 61 Section 1317Pay of presidential electors and clerk, 54 Section 1333Constable and corporate elections, how contested, 53 Section 1347Bond of treasurer of Lunatic Asylum increased, 68 Section 1409To be given in charge to grand juries, 51 Section 1409License to be granted physicians practicing since 1866, 68 Section 1453Breaking a pound made penal, 51 Section 1455Fence law amended election only in July, 49 Section 1455Notices required by, how paid for, 129 Section 1535Pilots to serve term as apprentices, 70 Section 1689(y) Purchasers of railroads, how incorporated, etc., 116 Section 1762Wife may take husband's estate, when and how, 47 Section 1788Mode of adopting children, 59 Section 2003 - (a) Homestead applications, when ordinary and clerk are disqualified, 63 Section 2237Transfer of shares in manufactories, how made, 56 Section 2484Inheritance by married women, 66 Section 2611Removal of administration of estates, 75 Section 3694Fees of ordinaries, recording vouchers, etc., 61 Page 719 Section 3971Foreclosure of mortgages on personalty, 74 Section 3974(b) Chattel mortgage sales advertised only ten days, 67 Section 3974(d) Notice of foreclosure to mortgagor repealed, 67 Section 4097(a) Number of jurors to try nuisances, 71 Section 4151Proof of accounts in justices' courts, 58 Section 4157(c) Juries in justices' courts, how made up, 64 Section 4163Trial of illegalities in justices' courts, 58 Section 4184Service of bills in equity (15 days), 49 Section 4194Answers in equity, when filed, 54 Section 4214Decrees by superior court judges at chambers, 69 Section 4441Hunting on cultivated fields made penal, when, 73 Section 4484Punishment for escapes from penitentiary, 48 Section 4500Punishment for enticing servants, etc., 57 Section 4500Penalty for employing or enticing cropper or laborer, 60 Section 4512Repealed, 71 Section 4527Carrying concealed weapons (amended) 48 Section 4565Retailing spirituous liquors without license, 62 Section 4578Sunday excursion trains prohibited, 66 Section 4608Penalty for burning fences and crops fixed, 72 Section 4875Jurisdictional limits of Savannah as to abatement of nuisances, 46 CONCEALED WEAPONS Law as to amended, 48 CONFEDERATE SOLDIERS Limbs supplied to every three years, 44 CONGRESSIONAL DISTRICTS New apportionment, 121 CONSTABLES For fees of in certain cases, 110 Elections of, how contested, 53 CONVICTS Keeper of penitentiary to publish list of, 92 How used as witnesses, expenses, etc., 106 COUNTY ADMINISTRATOR For unrepresented estates, etc., 79 COUNTY COMMISSIONERS Powers to fine limited, 79 COUNTY COURTS Powers and duties of deputy clerks, 105 COUNTY [Illegible Text] Required to insure certain books, 132 COURTS See superior court. D. DAHLONEGA COLLEGE Appropriation for, 16 DATES Stern's United States Calendar competent evidence as to, 135 DECREES By judges superior court at chambers, 69 Page 720 DEEDS May be re-recorded, when, 148 DRUNKARDS Penalty for selling liquors to after notice, 130 E. ELECTIONS Of constables and corporate officers, how contested, 53 On fence law changed, 49 ELECTORS Presidential, how paid, etc., 54 EQUITY Answers in, when filed, etc., 54 Services of bills in 49 ESTATES Unrepresented, by whom administered, 79 Unrepresented, statute of limitations as to 104 Wife allowed to take charge of deceased husband's, 47 EVIDENCE Records used in, in certain cases, 96 How procured in cases of injunction, etc., 96 EXECUTIVE MANSION To be repaired and refurnished, 32 F. FENCE Law as to elections changed, 49 Wire fences made lawful, 139 Election by counties must be held in July, 49 Burning of, punishment for, etc., 72 FERTILIZERS Formulas for, sale of regulated, etc., 118 FIRE-ARMS Penalty for discharge on public highways, 131 FOOD OR DRINK Sale of adulterated article regulated, 128 FOREIGN WILLS Law as to probate amended, 100 FORGED TITLES Conveyance of land under, made penal, 125 FREIGHT Railroads compelled to receive when tendered in cars, 145 G. GEORGIA FORM BOOK Appropriation for, 16 GOVERNOR May be chosen as trustee of the University, 85 Duties and authority as to State depositories, 138 Page 721 H. HOMESTEAD Hearing of in certain cases, 63 HORSES, MULES, Etc. Act to prevent the driving of from another State, 129 HOTEL KEEPERS Who use oleomargarine to post notices, 124 HUNTING On lands of another illegal, 73 I. ILLEGAL VOTING At municipal elections, how punished, 140 INHERITANCE BY MOTHERS OF DECEASED PERSONS Law as to amended, 66 INJUNCTIONS Testimony for, how procured, 96 INSURANCE Of public buildings, 26 Of certain books required of county officials, 132 INSOLVENT COSTS Of justices and constables, how to be paid, 94 INTERROGATORIES Reception of in vacation, 102 INTOXICATING LIQUORS Penalty for furnishing habitual drunkards, 130 J. JUDGES SUPERIOR COURTS Power to grant decrees at chambers, 69 To give certain law in charge, 51 JURIES For trial of nuisances, how procured, 71 JURY COMMISSIONERS Oath of, 101 JURORS Physicians required to serve in certain cases, 99 Service of talesmen in superior court, 99 Pay of talesmen provided for, 108 JUSTICE COURTS Proof of accounts in, 58 Juries, how made up in, 64 Illegalities, how tried in, 58 Appeals in, 95 Trial term of certain cases therein, 103 JUSTICES' COST In insolvent cases how paid, 94 JUSTICES OF PEACE Cost of in certain cases, 110 Page 722 L. LABORERS Illegal employment of. penalty, etc., 60 LAND SCRIP FUND Beneficiaries of in Atlanta University, 87 LANDS Sale of under forged title made penal, 125 Divided by county lines, how surveyed, etc., 104 Condemned for light-house purposes, 118 LIBRARY To be insured, 26 Appropriation made for books for, 32 LIBRARIAN Salary of increased, 123 LIEN Special created in favor of transferees of rent debts, 109 In favor owners of stallions, jacks and bulls, 131 LIMITATIONS Statute of as to creditors of unrepresented estates, 104 LIQUOR DEALERS Registration of, 55 LIVE STOCK Law against driving from another State, 129 LUNATIC ASYLUM Appropriations to, 18 Bond of treasurer increased, 68 M. MAIMED SOLDIERS Allowance to every three years, 44 MANDAMUS CASES When and how tried, 103 MANUFACTURING COMPANIES Shares in how transferred, 56 MARRIED WOMEN Right of to administer upon estates, 100 McGUIRE, J. E. Appropriation to pay claim of, 28 MEDICINE Law regulating practice, to be given in charge, 51 Who may be licensed to practice, 146 MITCHELL SUPERIOR COURT Grand jury for, 678 MORTGAGES On personalty, how foreclosed, 74 How long to be advertised, 67 Notice of foreclosurelaw repealed, 67 Foreclosure in certain cases before due, 109 MUNICIPAL ELECTIONS Illegal voting at, punished, 140 Page 723 N. NEW TRIALS Evidence used in, how procured, 96 O. OFFICERS Required to make annual inventory of public property, 126 OGLETHORPE LIGHT INFANTRY Appropriation to, 25 OLEOMARGARINE Law regulating sale and use of, 124 ORDINARY Fees of for recording vouchers, 61 Clerk of, power and duties of, 70 Notice of, under section 1455, how paid, 129 P. PENITENTIARY Escapes from, punishment changed, 48 Keeper of to publish list of convicts, etc., 92 PERSONALTY Held under conditional sale, penalty for disposing of, 111 PHYSICIANS Required to serve as jurors in lunacy cases, etc., 99 PHARMACEUTICAL EXAMINERS Law regulating powers and duties amended, 146 PILOTS Required to serve as apprentices, etc., 70 POLL TAX Crippled soldiers relieved from, 120 PRESIDENTIAL ELECTORS Pay and mileage of, 54 PUBLIC SCHOOLS Enumeration of pupils, etc., 84 Certain fines to be paid to fund of, 83 PUBLIC BUILDINGS To be insured, 26 PUBLIC PROPERTY Officers required to make inventory, 126 Certain books to be insured, 132 PUBLIC ROADS Discharge of fire-arms on or near made penal, 131 New system for working proposed, 140 R. RAILROADS Certain property of taxed by counties, etc., 41 Partly in this State and partly in another, how taxed, 42 Excursion trains on Sunday prohibited, 66 Purchasers of, formation of corporations by, law amended, 116 Required to employ sworn weighers, 127 Page 724 Law creating commission amended, 133 Form of certificate of incorporation, 136 General law for incorporation of companies amended, 135 All trains to be stopped fifty feet from railroad crossing, etc., 137 Duty of engineers and conductors as to crossings, 137 Breaking or stealing from a car made felony, 132 Connecting roads compelled to receive freight in cars, 145 Stock injured by, may be killed, etc., 146 Companies to file charters and amendments with Secretary of State, 148 RAILROAD COMMISSION Printing fund of supplemented, 31 RECEIVER OF TAX RETURNS Notice by to owners of wild lands, 43 RECORDS Received as evidence, etc., after re-recording, 96 RENTS Lien of in favor of transferees, 109 RETAIL LIQUORS Without license, law amended, 62 ROAD LAWS New system for working, etc., 140 ROBERTS, D. M. Appropriation to pay fees, 26 ROBERTS, O. H. Special appropriation to, 31 S. SAVANNAH VOLUNTEER GUARDS Sale of lot to, etc., 89 SAVANNAH Jurisdiction limits of extended, 46 SCHOOLS, PUBLIC Fund of to receive damages of turnpikes, 83 Enumeration of children of school age, 84 SCHOOLS Encouragement of private elementary schools, 86 SERVANTS Illegal employment of, etc., 57 SOLICITORS-GENERAL Required to represent State before United States Courts. 98 SOLDIERS Crippled and disabled relieved from poll tax, 120 STATE CAPITOL New one authorized, 18 STATE DEPOSITORY Act amended in sundry particulars, 138 STATE LINE Between Georgia and North Carolina, 122 STATE UNIVERSITY Repairs of building of, 28 Trustees of may elect Governor a trustee, 85 Page 725 STATE TAXES General and special, 1883-1884, 34 STEPHENS, EX-GOVERNOR Funeral expenses of paid, 29 STERN'S UNITED STATES CALENDAR Made competent evidence as to dates, 135 STUBBS, JOHN M. Fee paid to. 26 SUPERIOR COURTS Authorized to charter towns, etc., 111 May charter shell, plank and turnpike companies, 113 Twiggs county, terms changed, 150 Macon county, terms changed, 151 Laurens, service of jurors in, 157 Laurens, transferred to Ocmulgee circuit, 152 Laurens county, terms changed, 159 Banks county, terms changed, 152 Franklin county, terms changed 152 Crawford county, terms changed, 153 Randolph county, one grand jury only for each term, 153 Meriwether county, one grand jury only at each term, 154 Fayette county, terms changed, 154 Heard county, terms changed, 154 Northeastern circuit, terms fixed, 155 Hall, Habersham, Rabun, Towns, Union, White and Lumpkin, terms of superior courts, 155 Calhoun county, terms changed, 156 Pickens county, terms changed, 156 Washington, service of jurors in, etc., 157 Bulloch, Emanuel and Screven, terms changed, 158 Polk county, grand jurors for, 158 Clayton county, terms changed, 160 Dooly, grand jurors for, 160 Douglas county, term changed, 161 Gilmer, Cobb and Fannin counties, terms changed, 161 Cherokee county, terms changed, 162 Mitchell superior court, grand jury for, 678 SUPREME COURT Publication of reports of, 76 Certain reports of furnished certain counties, 24 Half proceeds of reports of given library, 32 Room of to be refurnished, 32 Sheriff of, how appointed, 74 New method of carrying cases to, 107 Cost of cases in, dismissed or withdrawn, 112 T. TALES JURORS Term of service of, etc., 99 Paid, how, 108 TAX COLLECTORS Required to render account, etc, 82 Page 726 TAXES Levied for 1883-1884, 34 On wild lands for 1882, extension of time, etc., 40 From railroads by counties and corporations, 41 From railroads partly in this State, etc., 42 Returns of, on wild lands, duty of receivers, 43 Crippled Confederate soldiers relieved from poll tax 120 TAX FI. FAS. Alias fi. fa. authorized, 108 TOLL Not allowed on turnpike roads unless kept up, 134 TOWNS AND VILLAGES How incorporated when in two counties, 111 TREASURER Authorized to sell certain bonds of United States, 14 Duty of as to State depositories, 138 TREASURERS Required to render account, 82 TRESPASS On lands of another punished, 121 TURNPIKE ROADS Damages collected of, to school fund, 83 Collection of toll on, regulated, 134 TURNPIKE COMPANIES How chartered, 113 U. UNIVERSITY, STATE Appropriation to trustees of, for Dahlonega, 16 Repairs to buildings, 28 Governor may be elected trustee, 85 UNITED STATES COURTS Solicitor-General to appear for the State, 98 W. WILD LAND OFFICE Appropriation for checks in, etc., 30 WILD LANDS Taxes on, time for payment (1882) extended, 40 Returns of, notice to owners of, 43 Sale of for taxes, 47 WIFE OF DECEASED HUSBAND May take charge of estate, 47 WILLS, PROBATE OF FOREIGN In this State, 100 WITNESSES Convicts used as, how, 106 WIRE FENCES Defined and made lawful, 139 Page 727 PART II.Corporations. BANKS AND INSURANCE, LOAN AND TRUST COMPANIES Amending charter of Bank of Augusta, 165 Amending charter of Capital Bank of Macon, 166 Incorporating Merchants' and Planters' Bank of Forsyth, 167 Incorporating Central City Loan and Trust Association, 171 Incorporating Vigilant Live Stock Mutual Insurance Co., 172 Incorporating The Georgia Loan and Trust Co., 174 Incorporating The Mechanics' Savings Bank, 179 Incorporating The Manufacturers' Mutual Insurance Co., 180 Incorporating The Planters' Loan and Trust Co., 182 Incorporating The Georgia Investment and Banking Co., 184 Incorporating Mechanics' Mutual Insurance Co., 189 Incorporating Rome Fire Insurance Co., 190 Incorporating Merchants' and Planters' Bank, 193 RAILROAD AND CANAL COMPANIES Incorporating Spring Creek Canal and Improvement Co., 197 Amending charter Southside Street R. R. Co., 200 Incorporating Metropolitan Street R. R. Co., 201 Incorporating Rome and Decatur R. R. Co., 205 Amending charter Atlantic and Great Western Canal Co., 208 Amending charter Cumming and Suwanee R. R. Co., 208 Incorporating Sweetwater Manufacturing R. R. Co., 209 Incorporating Georgia, Alabama and Tennessee R. R. Co., 212 Amending charter Gate City Street R. R. Co., 215 Incorporating Irwinton R. R. Co., 217 Incorporating Brunswick Street R. R. Co., 218 Incorporating Fulton County Street R. R. Co., 220 Incorporating Savannah Street and Rural Resort R. R. Co., 222 Amending charter Spring Creek Canal and Improvement Co., 224 Amending charter Rome and Chattanooga R. R. Co., 225 Incorporating Canal, Navigation and Land Co., 225 Incorporating Turtle and Altamaha Rivers Canal Co., 229 Amending charter Coast Line R. R. Co., 231 Amending charter West End and Atlanta Street R. R. Co., 232 STEAMBOAT COMPANIES Incorporating Chattahoochee Navigation Company, 234 Incorporating Savannah Lighterage and Transfer Company, 235 Incorporating White Star Line Steamboat Company, 236 Amending charter Chattahoochee Navigation Company, 238 Page 728 INDEX TO LOCAL AND PRIVATE LAWS. A. ABBEVILLE Town of, incorporated, 351 ALAPAHA Liquor license in, 612 AMERICUS Appearance bonds taken by mayor and council, 342 Charter of, amended, 275 Limits of, extended, 396 Power of, over Flint river bridge, 655 Small-pox cases, treatment of, 422 ANDERSONVILLE Sale of liquor in vicinity of, 594 APPLING COUNTY Liquor license in, 566 ATLANTA Bonds to pay for Capitol at Milledgeville, 459 Charter amended, 277 Charter amended, 389 Sixth ward created, 350 ATLANTA CHAMBER OF COMMERCE Board of arbitration for, 668 AUGUSTA Bonds for floating debt, 341 Limits extended, etc., 25 Limits extended, etc., 32 Police commissioners, terms and elections of, 469 Police control at head of canal, 264 Salary of mayor, etc., 335 Terms of councilmen, 332 B. BAIRD'S BAPTIST CHURCH Sale of liquor in vicinity of, 608 BALDWIN BLUES Exempted from jury and road duty, 665 BALDWIN COUNTY Convict labor on roads of, 520 New court-house for, 667 Redemption of bonds of, 516 Stock law for 318th and 319th Districts, G. M, 643 Page 729 BALL GROUND Town of, incorporated, 476 BARNESVILLE Charter of, amended, 307 BARTOW COUNTY Commissioners of, may erect certain gates, 520 BETHEL BAPTIST CHURCH Sale of liquors in vicinity of, 563 BERRIEN COUNTY Liquor license in, 612 BIBB COUNTY Butchers required to submit books to grand jury, 666 County treasurer, office of abolished, 514 Stock law for Howard's and Vineville districts, 641 BOWERSVILLE Town of, incorporated, 316 BREMEN Town of, incorporated, 320 BRONWOOD Town of, incorporated, 423 BRYAN COUNTY County court abolished, 525 Liquor license in, 562 BURKE COUNTY Extra tax in, 518 BUTLER Charter amended, 291 BUTTS COUNTY Local option act for, 572 C. CAMPBELL COUNTY Local option act for, 582 CANTON Charter of, amended, 255 CATOOSA COUNTY Local option act for, 613 CHATHAM COUNTY Extra tax, 522 New jail for, 671 Unenclosed lands, hunting on, 545 CHATTOOGA COUNTY Board of county commissioners abolished, 511 Road laws amended, 624 CHAUNCY Town of, incorporated, 326 CHIPLEY Town of, incorporated, 265 CLARKE COUNTY Jurors for city court, 534 CLARKESVILLE Charter of, amended, 338 Page 730 CLARKSTON Town of, incorporated, 280 CLAYTON COUNTY Local option act for, 551 CLINCH COUNTY Camp hunting in, 543 Liquor license in, 553 CLINCH MILITARY COMPANY Exempted from jury duty, 663 COBB COUNTY Local option for, 605 COFFEE COUNTY Sale of liquors in, 567 COLUMBIA COUNTY Board of county commissioners abolished, 517 Liquor license in, 561 COLUMBUS Reservation of commons, 269 CONNASAUGA RIVER Fishing in, in Murray county, 545 COWETA COUNTY Local option act for, 574 CRAWFORDVILLE Charter of, amended, 336 CUTHBERT Charter of, amended, 331 CUTHBERT LIGHT INFANTRY Exempted from street duty, 661 D. DAHLONEGA Sale of liquors in vicinity of, 600 DALLAS Town of, incorporated, 288 DAMASCUS CHURCH Sale of liquors in vicinity of, 550 DARIEN Mayor's power over street hands, 508 DAWSON New charter for, 404 DAWSONVILLE Town of, incorporated, 295 DECATUR COUNTY Extra tax, 504 Local option act for, 549 DeSOTO Charter of, amended, 313 DOOLY COUNTY County commissioners, compensation of, 499 DOUGHERTY COUNTY Stock law for portion of, 632 DUBLIN Town of, incorporated, 343 Page 731 E. EASTMAN Liquor license in, 563 EAST POINT Sale of liquors in vicinity of Methodist Church, 566 EAST ROME Town of, incorporated, 411 EATONTON Public schools for, 273 ECHOLS COUNTY Sale of liquors in, prohibited, 612 ELBERT COUNTY County commissioners, pay and clerk of, 509 ELBERTON Issue of bonds for, 272 ELLAVILLE Charter of, amended, 360 ELLIJAY Town of, incorporated, 297 EMANUEL COUNTY County commissioners, elections, meetings, etc., 510 Fishing in waters of, 546 Liquor license in, 601 F. FANNIN COUNTY Offices of treasurer and tax collector consolidated, 491 FAYETTE COUNTY Stock law for, 635 FLINT RIVER In Macon county made lawful fence, 645 FLOYD COUNTY City court of, established, 535 County court of, abolished, 534 County treasurer's compensation, 513 Dogs in, taxed, 663 Local option act for, except city of Rome, 611 Local option act for 829th district, G. M., 609 Road laws amended, 627 Stock law for portions of 637 FLOYD RIFLES Exempted from jury duty, 650 FORRESTVILLE New charter for 398 FORT GAINES Town of, incorporated, 451 FORT VALLEY New charter for, 480 FRANKLIN COUNTY Local options act for, 594 Page 732 FULTON COUNTY Control and use of chain-gang, 662 Registration of voters in, 670 Treasurer's bond and salary, 493 G. GAINESVILLE Charter amended, 402 Registration of votes in, 479 GAM GRANDY CREEK Work on, in Emanuel county, 654 GLASCOCK COUNTY Sale of liquor in, prohibited, 570 GRANTVILLE Sale of liquor in vicinity of, 565 GRAYSVILLE Town of, incorporated, 324 GREENE COUNTY Liquor License in, 615 Payment of insolvent costs in, 653 Stock law for, 630 GRIFFIN Amending act as to corporate limits, 300 Charter of, amended, 340 H. HANCOCK COUNTY Election managers, pay of, 504 New court-house for, 651 Stock law for, 630 HARRIS COUNTY County commissioners, terms of, 492 HART COUNTY Local option act for, 568 HARTWELL Charter of, amended, 449 HAWKINSVILLE Charter of, amended, 393 HENRY COUNTY Local option acts for, 560 585 HOGANSVILLE Charter of, amended, 393 HOLTON Town of, incorporated 305 HOUSTON COUNTY Road laws of, amended, 620 I. IRWIN COUNTY Road laws changed, 621 Page 733 J. JACKSON New charter for, 370 JACKSON COUNTY Jail fees in, 502 JASPER Town of, incorporated, 471 JASPER COUNTY Sale of liquor in, 569 Sheriff's bond reduced, 491 Stock law for, 633 JEFFERSON Charter of, amended, 339 JOHNSON COUNTY County commissioners, election, terms and pay of, 519 JONES COUNTY Liquor license in, 584 L. LaGRANGE Public schools for, 647 Registration of voters, 387 LAURENS COUNTY Election as to bridge over Oconee river, 617 LAWRENCEVILLE Charter of, amended, 356 LAWRENCEVILLE CROSS ROADS ACADEMY Sale of liquors in vicinity of, 589 LEE COUNTY Court of ordinary, terms of, 512 Le VERT FEMALE COLLEGE Transfer of, to town of Talbotton, 646 LIQUORS Sale of, prohibited in certain localities, 571 588 590 LOUISVILLE Chater of, amended, 457 M. MACON Aldermen, registration of voters, etc., 271 Charter amended, 302 Municipal elections in, 397 Power of mayor and council as to pardons, etc., 473 MACON COUNTY Stock law for, 639 MACON VOLUNTEERS Exempt from jury duty, 653 MADISON Public schools for, 446 MARIETTA Charter amended, 314 Page 734 MARION COUNTY County commissioners, compensation of, 521 McDONOUGH New charter for, 379 McVILLE Liquor license in, 601 MERIWETHER COUNTY Local option act for, 606 METHODIST ORPHAN'S HOME Trustees empowered to provide homes for orphans, 669 MILL CREEK Obstructions in, in Cherokee county, 654 MILLER COUNTY Local option act for, 597 MITCHELL COUNTY County court established, 526 Local option act for, 507 MONROE COUNTY County treasurer's office abolished, 501 Local option act for, 548 Stock law amended, 642 MONTICELLO Sale of liquors in, 569 MOORE, JNO, (col'd) Securities on bond of, relieved, 676 MORGAN COUNTY Local option act for, 591 MORGANTON Town of, incorporated, 299 MOUNT PLEASANT METHODIST CHURCH Sale of liquors in vicinity of, 582 MURRAY COUNTY County commissioners, compensation of, 505 Fishing in Connasauga river in, 545 Local option act for, 592 MUSCOGEE COUNTY Legal sales, place for changed, 658 N. NEW FORK AND FORK OF BROAD RIVER CHURCHES Sale of liquors in vicinity of, 602 NEW HOPE CHURCH Sale of liquors in vicinity of, 597 NEWNAN Charter of amended, 270 NEWTON COUNTY Taxation by county commissioners, 500 O. OCONEE COUNTY Election managers, pay of, 497 Solicitor county court, 524 Page 735 P. PAULDING COUNTY Board of county commissioners, created, 494 Sale of liquor in, prohibited, 570 PERRY Charter of, amended, 280 284 PICKENS COUNTY Clerk and treasurer, offices consolidated, 500 PIKE COUNTY Local option act for, 586 POLK COUNTY County commissioners empowered to punish in certain cases, 498 POWDER SPRINGS Town of, incorporated, 391 PULASKI COUNTY Protection of public bridges, 617 Q. QUITMAN Registration of voters in, 470 QUITMAN COUNTY Pay of election superintendents, 502 R. RABUN COUNTY Killing of wild deer and turkeys in, 544 Pay of public school teachers in, 647 RACCOON MILLS Town of, incorporated, 311 RANDOLPH COUNTY Election managers in, compensation of, 502 New court-house for, 664 Sale of liquors in, 558 REHOBOTH CHURCH Sale of liquors in vicinity of, 557 REYNOLDS Charter of, amended, 460 RICHMOND COUNTY City court, terms of, 527 City court, insolvent costs in, 527 City court, judge of made ex-officio county commissioner, 528 ROCKDALE COUNTY Sale of liquors in, prohibited, 599 ROCK MART Charter of, amended, 334 ROCKY MOUNT METHODIST CHURCH Sale of liquors in vicinity of, 558 ROME Acts chartering, consolidated, 428 ROSWELL Charter of, amended, 337 Page 736 ROUND OAK METHODIST CHURCH Sale of liquor in vicinity of, 564 S. SALT SPRINGS Town of, incorporated, 277 SAUNDERS, HENRY Authorized to connect beer garden by rail with C. R. R. track, 676 SAVANNAH City court, deposit of costs, 526 City court, regulations as to judge and jurors, 532 Fire marshal for, 488 Limits extended, 410 Registration laws amended, 262 Sewers and drains for, 259 SCHLEY COUNTY Extra tax in, 493 SOUTHERN RIFLES Granted certain exemptions, 659 SPALDING COUNTY Tax collector made ex-officio sheriff for certain purposes, 513 SPRING PLACE Liquor license in, 555 STEWART COUNTY Jail fees in, 491 STONE MOUNTAIN New charter for, 363 ST. SIMON'S ISLAND Hogs running at large in, 638 SUMMERVILLE, IN RICHMOND COUNTY Certain land withdrawn from limits, 270 SUMNER Town of incorporated, 291 SUMTER COUNTY Fines, etc., in county court, 530 New court house for, 656 Solicitor county court, 533 SWAINSBORO Sale of liquor in vicinity of, 608 T. TALBOTTON Charter of, amended, 275 TALIAFERRO COUNTY Stock law for, 630 TALKING ROCK Town of, incorporated, 420 TAYLOR COUNTY Local option act for, 578 TERRELL COUNTY Board of county commissioners for, created, 506 Local option act for, 554 Page 737 TELFAIR COUNTY Sale of liquor in, in incorporated towns, 589 TEMPERANCE Sale of liquors in vicinity of Methodist Church, 592 TEMPLE Town of, incorporated, 301 THOMAS COUNTY Court-houses for militia districts, 497 Driving and herding sheep in, 632 Local option act for, 605 Solicitor county court, 531 THOMASTON Charter of, amended, 349 THOMASVILLE Charter of, amended, 425 TOCCOA CITY Issue of bonds for education, 315 TRION Charter of, amended, 313 TROUP COUNTY Support of paupers, 496 TWIGGS COUNTY Local option act for, 581 Office of county treasurer, abolished, 512 Sale of cotton in the seed in, 660 TY TY Town of, incorporated, 303 U. UPSON COUNTY Treasurer, fees of, 495 V. VILLA RICA Town of, incorporated, 333 W. WARD Town of, incorporated, 318 WARE COUNTY Liquor license in, 553 WARREN COUNTY Extra tax in, 657 Local option act for, 559 Orders on county treasurer, 503 Stock law for, 636 WASHINGTON COUNTY Local option act for, 556 Retail liquor license in, 551 WAYCROSS Charter of, amended, 456 New charter for, 285 Special tax in, 487 Page 738 WAYNESBORO Made a city, 450 WEST END Charter of, amended, 486 WHELCHEL, JNO. D., AND GARNER, J. S. Authorized to erect certain gates, 677 WHITFIELD COUNTY Local option act for, 603 Public road system, 621 WILKES COUNTY Protection of game in, 544 WILKINSON COUNTY Sale of cotton in the seed in, 660 WINSTON Sale of liquors in vicinity of, 596 WORTH COUNTY Exempted from certain road laws, 616 Sale of liquors in, 564 WRIGHTSVILLE Charter of, amended, 475 Page 739 INDEX TO RESOLUTIONS. Authorizing J. T. Taylor to index Journals of 1882, 680 Specimens to be exhibited at Boston Exposition, 680 Discontinuance of suit against Western and Atlantic Railroad Company, 681 Oil painting of Hon. A. H. Stephens, 681 Portrait of Hon H. V. Johnson, 682 Committee on Penitentiary authorized to employ stenographer, 682 Oil painting of ex-Governor Jenkins, 683 New Code to be shipped to certain officers, 683 Journals of session of 1883, 684 Publication of acts of sessions of 1882 and 1883, 684 Comptroller and Treasurer authorized to charge certain sums off their books, 685 Thanks to third regiment of Maine, 685 Notaries public to be supplied with Codes, 686 Settlement with securities of S. R. Hoyle, 686 Suit against lessee of Indian Spring reservation, 687 Convicts of Marietta and North Georgia Railroad, 687 Salaries of capitol guards, engineer and porter, 687 Employment of Ransom Montgomery, 688 Additional night-watchman for capitol, 689 Expenses of establishing line between Georgia and North Carolina, 689 President of Senate and Speaker of House authorized to sign bills, etc., after adjournment of session of 1883, 690 Security of public records and archives, 690 Investigation of convict leases, 690 Calling for information as to Executive pardons, 691 Authorizing President of Senate and Speaker of House to sign bills after adjournment, 691 Committee on road laws, 692 Lessees of convicts, 692 State Librarian to ship copies of Code, 693 Authorizing publication of public acts of session of 1882, 693 Public buildings at Brunswick, 694 Tax on State banks, 695 Repeal of the internal revenue laws, 695 Sesqui-Centennial of landing of Oglethorpe, 696 Cotton claims, 696 Mail route from Traders' Hill to Willisville, 697 Recess of the General Assembly, 697 Additional members of committee to Savannah Sesqui-Centennial, 697 Examination, etc., of new Code, 698 Suit against Western and Atlantic Railroad Company, 699 Page 740 Committee to examine Lunatic Asylum, 699 Portrait of Hon. B. H. Hill, 700 General education by national government, 700 Supreme Court Reports for McDuffie county, 701 National aid to education, 701 Committee on Marietta and North Georgia Railroad to send for persons and papers, 702 Same committee empowered to employ stenographer, 703 Fish-way in Augusta canal, 703 Records of State Medical Board, 703 Mileage for adjourned session, 704 Per diem and expenses of committee on Lunatic Asylum, 704 Pay of Chaplains of Senate and House, 704 Per diem and expenses of committee on Deaf and Dumb Asylum, 705 Per diem and mileage of D. R. Proctor, 705 Reward for arrest of Augustus Johnson, 705 Sword of Colonel Daniel Appling, 706 Supreme Court Reports for Douglas county, 706 Seventy-six dollars and twenty nine cents appropriated to W. H. Horne, 707 To pay N. N. Edge for advertising wild lands, 707 Expenses of committee to procure records of State Medical Board, 708 Early County News for advertising wild lands, 708 Expenses of Committee on Technology, 709 Books burned in Kimball House fire, 709 Extra work on Journals of session of 1882, 709 Settlement of bond of former tax collector of Telfair county, 710 Relief of securities of former tax collector of Bibb county, 710 Stenographer and sergeant-at-arms of committee on Marietta and North Georgia Railroad Company, 711 Stenographer of committee on Agricultural Department, 711 Stenographer of Penitentiary Committee, 711 Navigation of Savannah river, 712