Acts and resolutions of the General Assembly of the state of Georgia. 1884-85 [volume 1]

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: James P. Harrison Co. 18840000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1884-85 18840000 18850000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: James P. Harrison Co., State Printers. 1885.

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TABLE OF TITLES. PART I.PUBLIC LAWS. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CONSTITUTION. Title IV.CODE. Title V.COUNTY OFFICERS. Title VI.EDUCATIONPUBLIC. Title VII.MILITARY. Title VIII.CONVICTS. Title IX.JUDICIARY. Title X.SUPERIOR COURTS. Title XI.MISCELLANEOUS. PART II.CORPORATIONS. Title I.BANKS, INSURANCE, LOAN AND TRUST COMPANIES. Title II.RAILROAD AND CANAL COMPANIES. Title III.MISCELLANEOUS. 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.EDUCATION. Title IX.MISCELLANEOUS. PART IV.PRIVATE LAWS. PART V.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1884-85. 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.SUPERIOR COURTS. Title XI.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For Support of Government 1885-86. For Deficiency in Appropriations for 1885-86. For Buildings of the University of Georgia. For Interest on certain bonds of Macon and Brunswick Railroad. For John M. Varnadore. For R. J. Wilson For Fee Wilson. For James A. Cody. For William H. Dicken. For Joel A. Lewellen.

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FOR SUPPORT OF GOVERNMENT1885-1886. No. 53. An Act to make appropriations for the expenses of the Executive, Legislative and Judicial Departments of the State Government, for the fiscal years 1885 and 1886, and for other purposes herein mentioned. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That the following sums of money be, and the same are hereby appropriated for each of the fiscal years 1885 and 1886, to the persons and for the purposes respectively hereinafter mentioned and set forth: For the salary of the Governor of the State, three thousand dollars. SalariesGovernor. For the salary of the Secretary of State, two thousand dollars. SalariesSecretary of State. For the salary of the Comptroller-General, two thousand dollars. SalariesComptroller-General. For the salary of the Treasurer of the State, two thousand dollars. SalariesTreasurer. For the salary of the Attorney-General, two thousand dollars. SalariesAttorney General. For the salary of the State Librarian, fifteen hundred dollars. SalariesState Librarian. For the compensation of the Secretaries, Messengers and clerical force in the Executive Department, six thousand dollars. SalariesMessengers and Clerks Ex. Department. For the salary of the Clerk of the Secretary of State, one thousand dollars. SalariesClerk Secretary of State. For compensation of Clerks in the Comptroller's office, including the Insurance Department and Clerk in the Wild Land Office, four thousand dollars. SalariesClerks Comptroller General. For salary of the Clerk of the State Treasurer, sixteen hundred dollars. SalariesClerk of Treasurer. Sec. II. Be it further enacted by the authority aforesaid , That for the compensation of the President of the Senate and the Speaker of the House of Representatives the sum of seven dollars per diem, each, during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the Capital. Per diem and mileage of Speaker of House and President of Senate. 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 the Speaker of the House of Representatives. Per diem and mileage of Members. Sec. III. Be it further enacted by the authority aforesaid , 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 a statement furnished by the members of said committee. Expenses of Committees. 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

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entire clerical expenses of the Senate for the session, as provided by the Act, approved October 8, 1879 Secretary of 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 8, 1879. Per diem of Clerk of House. For compensation of the Door-keeper of the Senate, Door-keeper of the House of Representatives, Messenger of the Senate and Messenger of the House of Representatives, each, four dollars per diem, and the same mileage allowed members of the General Assembly. Per diem and mileage of Doorkeeprs and Messengers of House and Senate. For compensation of one Gallery-keeper for the Senate, and of two Assistant Door-keepers, 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. For Chaplains. For compensation of three Porters for the Senate and four Porters for the House of Representatives, for sweeping and cleaning halls and galleries of the Senate and House of Representatives, and attendance on committees, each, two dollars per diem. For Porters of House and Senate. For compensation of four Pages for the Senate and six Pages for the House of Representatives, one dollar and a half, each, per diem. For Pages of House and Senate. For compensation of two 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, each, per diem. For Servants of House and Senate. Sec. IV. Be it further enacted by the authority aforesaid , That the appropriations for the Judiciary Department shall be as follows: For the salaries of the Judges of the Supreme Court, three thousand dollars, each, per annum. SalariesJudges of Supreme Court. For salaries of the Judges of the Superior Court, two thousand dollars, each, per annum. SalariesJudges of Superior Courts. For salaries of the Solicitors-General of the various circuits, each, two thousand and fifty dollars per annum. SalariesSolicitors-General. For salary of the Reporter of the Decisions of the Supreme Court, two thousand dollars per annum. SalariesReporter of Supreme Court. For compensation of Clerk of the Supreme Court for printing, stationery, purchasing record books, and binding the opinions of the Supreme Court, five hundred dollars per annum, or so much thereof as may be necessary. Contingent Expenses of Supreme Court. Sec. V. Be it further enacted by the authority aforesaid , That the appropriations for the support of the Public Institutions be as follows: For the support and maintenance of the Academy for the Blind, and for salaries for its officers, twelve thousand dollars, or so much thereof as may be necessary, per annum. For support of Academy for Blind For the support and maintenance of the Institute for the Deaf and Dumb, and pay of its officers and attaches, seventeen thousand dollars, or so much thereof as may be necessary, per annum. Institute for Deaf and Dumb. For the support and maintenance of the State Lunatic Asylum, one hundred and seventy five thousand dollars per annum, or so

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much thereof as may be necessary, to be expended only when directed by the Board of Trustees, and the Governor is authorized to make, monthly, a safe advance to cover the cost of supplies and incidental expenses of 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; and provided further , that no part of this sum shall be used for building purposes. Lunatic Asylum. For the State University at Athens, the sum of eight thousand dollars per annum. State University. For the University for the colored people, located at Atlanta, eight thousand dollars per annum. University for colored people. For pay of the interest, known as the Land Scrip Fund, and due the University of Georgia, six thousand three hundred and fourteen dollars and fourteen cents per annum. Interest on Land scrip to State University. Sec. VI. Be it further enacted by the authority aforesaid , That the appropriation to pay the recognized valid debt of the State be as follows: For debt of State. To pay the principal falling due in 1885, one hundred and nine thousand and thirty-five dollars, and to pay the interest falling due in 1885, five hundred and eighty-two thousand one hundred and twenty-one dollars, making total appropriation to pay said debt, for the year 1885, six hundred and thirty one thousand one hundred and fifty-six dollars. Due in 1885. To pay the principal falling due 1886 three million three hundred and forty-six thousand and one hundred dollars, and to pay the interest falling due in the year 1886, five hundred and seventy-six thousand four hundred and eighty-one dollars, making total appropriation to pay said debt for the year 1886, three millions nine hundred and twenty-four thousand five hundred and eighty-one dollars. Due in 1886. Sec. VII. Be it further enacted by the authority aforesaid , That the appropriations for miscellaneous purposes be as follows: Miscellaneous expenses. For salaries of the Trustees of the Lunatic Asylum, each, three hundred dollars per annum. Trustees of Lunatic Asylum. For salaries of the Principal Keeper, Assistant Keeper and Physician of the Penitentiary, to be paid from money received from the hire of convicts, each, per annum, as follows: Principal Keeper, two thousand dollars; Assistant Keeper, twelve hundred dollars; Physician, two thousand dollars. Principal Keeper, Assistant Keeper and Physician of Penitentiary, Salary of. 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, per annum, to be paid out of moneys received from the hire of convicts, said expenses to be submitted in an itemized account to the Governor for his approval before payment. Expenses of. For salary of the Resident Physician of the Lunatic Asylum, twenty-five hundred dollars per annum. Physician of Lunatic Asylum.

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For salaries of the Railroad Commissioners, twenty-five hundred dollars, each, per annum. Salaries of R. R. Commissioners. For salary of the Clerk of the Railroad Commissioners, twelve hundred dollars per annum. For contingent expenses of the Railroad Commissioners, five hundred dollars per annum, or so much thereof as may be necessary. Contingent Expenses of R. R. Commiss'n. For repairs of the Public Buildings, to purchase coal, wood, gas and furniture for the Executive Mansion and the various departments of State, to pay the hire of guards, engineer, servants, including servants at the Capitol and Executive Mansion, including a porter for the Treasurer, and one for the Librarian, and general incidental expenses, the sum of eight thousand seven 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. For repairs of Public Buildings, Guards, Servants, etc. Salary of Keeper of Public Buildings. For the Contingent Fund, eight thousand dollars per annum, or so much thereof as may be necessary. Contingent Fund. For the Printing Fund, eight thousand dollars, or so much thereof as may be necessary, per annum. Printing Fund. For the salary of the Commissioner of Agriculture, two thousand dollars per annum, to be paid from money received from the inspection of fertilizers. Salary of Commissioner of Agriculture. For salary of the Clerk of the Commissioner of Agriculture, twelve hundred dollars per annum, also to be paid out of the money received from the inspection of fertilizers. Clerk of Commissioner of Agriculture. To pay the bill for stationery furnished the General Assembly for this session, seven hundred and eighteen dollars and seventy-five cents, or so much thereof as may be necessary. For Stationery for General Assembly. To pay James P. Harrison Co., to pay for stationery furnished the General Assembly of 1882-3 in excess of appropriation made therefor, sixty-seven dollars and thirty-three cents. To pay the incidental expenses of the General Assembly for the present 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 of General Assembly. Sec. VIII. 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 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 payment of additional sums from the Contingent Fund or any other fund, to such officers, their Clerks or any other person by way of extra compensation, or for extra services, or extra assistance rendered to said officers, in any department of said government. And should such extra service or extra assistance become necessary to said officers, or in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House Officers, and for the clerical expenses of said officers; nor shall any money be paid from any fund to any officer

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or person as a salary or otherwise, unless the same is authorized by law, and the money duly appropriated therefor. Extra compensation not allowed. Sec. IX. 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 advertiseing as the Railroad Commissioners may deem necessary for the proper carrying on of the business of said Commission as directed by law. For Printing and advertising by R. R. Commission. Sec. X. That two hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated, one hundred and fifty dollars for matting, and one hundred dollars for shelving for the State Library, said amount to be expended under the direction and supervision of the Keeper of Public Buildings. Repairs of State Library. Sec. XI. Be it further enacted by the authority aforesaid , That for continuing the work of building a new Capitol for the State, the sum of one hundred and eighty thousand dollars, for each of the years 1885 and 1886, be appropriated; Provided , this shall not be construed as additional to the amount of one million dollars for the Capitol. For Building new Capitol. Sec. XII. Be it further enacted by the authority aforesaid , That the sum of ten thousand dollars be appropriated to complete the building of the Deaf and Dumb Asylum; Provided , that five thousand dollars of this sum shall not be drawn from the Treasury until after December 31, 1885. To complete Building of Deaf and Dumb Asylum. Sec. XIII. Be it further enacted by the authority aforesaid , That the sum of five hundred dollars be appropriated to the Blind Academy, to be expended under direction of the Principal, for the expenses of such of the pupils as he may think can be benefited by the treatment of an oculist. For oculist of the Blind Academy. Sec. XIV. Be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars be, and the same is duly appropriated to pay Jackson T. Taylor for making indexes for the Journals of the House and Senate for the present session up to the recess. Also one hundred and twelve dollars is hereby appropriated to pay Thomas Gilbert of 450 copies of the Constitution. For Indexes of House and Senate Journals. For copies of Constitution. 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 22, 1884.

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FOR DEFICIENCY IN APPROPRIATIONS FOR 1885-86. No. 444. An Act to make additional appropriations for the years 1885 and 1886 to supply deficiencies in the several appropriations for the expenses of the Government and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That the following sums of money be, and they are hereby appropriated to the objects and for the purposes herein stated, to-wit: Par. 1. For payment of one additional Porter for the House during the fall and summer session of the present Legislature, two dollars per day. Porter for House of Representatives. Par. 2. To pay the incidental and contingent expenses of the present session of the General Assembly, which begun on July 8th, 1885, the sum of one hundred and fifty dollars for the use of the Senate, and two hundred and seventy-five dollars for the use of the House of Representatives, or so much thereof as may be necessary, to be paid out on itemized accounts to be presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives. Incidental expenses of General Assembly. 3. To pay the expenses incurred in preparing and negotiating the bonds of the State authorized by the Act approved December 23, 1884, the sum of thirty-two hundred and twenty two dollars and eighteen cents ($3,222.18), or so much thereof as may be necessary for that purpose. Expenses in preparing and Negotiating bonds of 1884. 4. To enable the Treasurer to have completed the record of bonds of the State authorized to be made by the Act approved September 27, 1881, the sum of five hundred dollars ($500) additional to the amount provided in said Act, or so much thereof as may be necessary. For record of bonds. 5. To enable the Trustees of the Lunatic Asylum to put a new roof on the main building, or to repair the old one, as may be found best, three thousand dollars ($3,000), or so much thereof as may be found absolutely necessary for the purpose aforesaid, to be paid under the direction and in the discretion of the Governor. For repairs of Lunatic Asylum. 6. To the Committee appointed under Joint Resolution to attend the funeral of W. H. Richardson, member of the House, the sum of nineteen dollars and eighty cents ($19.80) to pay their actual expenses, to be distributed as follows: To Representatives J. B. Wheeler, $3.15, J. J. McCants, $3.15, Wier Boyd, $3 15, R. M. Willis, $3.15; to Senators Traylor, $3.15, and to J. Y. Allen, $4.05. Expenses of Committee attending funeral of Hon. W. H. Richardson. 7. For the purpose of increasing the salary of the Porter of the Library, the sum of five dollars ($5.00) per month, so that said Porter shall receive twenty dollars per month. Porter for Library.

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8. For the purpose of paying A. F. Cooledge for stenographic work for Senate Investigating Committee at the present adjourned session, the sum of thirty-one dollars ($31 00) to be paid in full for such services. For Reporter of Senate Investigating Committee. 9. For the purpose of paying the Chaplains of the House and Senate for the adjourned session of the Legislature, one hundred and fifty dollars each. Also, to pay Robert Hayden, the Clerk appointed under authority of the Senate and House, to take and report the testimony before the committee to investigate the use of the Western and Atlantic Railroad right-of-way by the Georgia Pacific Railroad, fifty dollars. For Chaplains of House and Senate. Reporter of Committee to investigate use of W. A. right-of-way. 10. To pay for stationery for General Assembly for the present adjourned session, the sum of two hundred and seventy-two dollars ($272 00) in addition to the amount appropriated in 1884, or so much thereof as may be necessary. Stationery for General Assembly Par. 11. To pay M. A. Hardin, Clerk of the House, and H. H. Cabaniss, Assistant Secretary of the Senate, the sum of one hundred dollars each for preparing and mailing to each member of the General Assembly a statement of all the business pending before the General Assembly at the time of adjournment, as per resolution of General Assembly. For Statement of business pending in General Assembly at time of adjournment. 12. To pay for an Assistant to the State Librarian in lieu of all other expenses for manual or clerical labor in the shipment and distribution of laws, journals and other books required by law to be distributed, the sum of five hundred dollars. For assistant to State Librarian. 13. The sum of forth-three [UNK] dollars to be paid to Peter Pelham, a Page of the Senate, as compensation during his sickness and necessary absence from his duties. For Page of Senate. 14. For contingent expenses of the Supreme Court in addition to the amount already appropriated, the sum of four hundred dollars. Supreme Court. 15. For the purpose of increasing the salary of Wm. R. Adamson, W. E. Quillian, W. H. H. Chapman, watchmen, and Peter McMichael, Owen Smith and Robert Cole, Porters at the Capitol, the sum of ten dollars per month, each. For Watchmen and Porters Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 17, 1885.

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FOR BUILDINGS OF UNIVERSITY OF GEORGIA. No. 239. An Act to appropriate the sum of twenty five hundred dollars for the purpose of placing the buildings of the University of Georgia in good and proper condition. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the sum of twenty five hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the purpose of placing in good and proper condition the buildings of the University of Georgia, located at Athens, Georgia, and the Governor of this State is hereby authorized to draw his warrant on the Treasurer of the State for this amount 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 University of Georgia. Sec. II. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 6, 1885. INTEREST ON CERTAIN BONDS OF MACON AND BRUNSWICK RAILROAD. No. 386. An Act to authorize the payment of interest on certain endorsed bonds of the Macon and Brunswick Railroad. Whereas, The State of Georgia did, by an Act of the General Assembly, approved December 3, 1868, authorize the Governor of the State to endorse certain seven per cent. bonds, as therein specified, of the Macon and Brunswick Railroad; and whereas , the State of Georgia did, by an Act of the Generaly Assembly, approved February 19, 1877, issue bonds, bearing six per cent. interest, to the amount of one million nine hundred and fifty thousand dollars ($1,950,000) for the purpose of retiring said first mortgage bonds of the Macon and Brunswick Railroad; and whereas , five of the said mortgage bonds, numbered 729 to 33, inclusive, of the Macon and Brunswick Railroad, were not presented for payment or exchange until the present time; and whereas , the owners of said bonds do now propose to restore the same in accordance with the terms of the

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Act of February 19, 1877, which provides for the payment of interest at six per cent. on and after January 1, 1877: therefore, Act of 1966 authorizing endorsement of bonds of Macon Brunswick R. R. Act of 1877 to retire said bonds. Five of said bonds not presented. Section. I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same , That the Governor of the State be, and he is hereby authorized to draw his warrant on the Treasurer in favor of the owner of the aforesaid bonds of the Macon and Brunswick Railroad, number 729 to '33, inclusive, for the sum of two thousand seven hundred ($2,700) dollars, that being the amount of the interest at six per cent. on said bonds from January 1, 1877, to January 1, 1886, inclusive. Payment of interest on bonds not presented. 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 October 14, 1885. FOR JNO. M. VARNADORE. No. 24. An Act making an appropriation to pay John M. Varnadore, of Telfair county, Georgia, for an artificial leg, under the Act approved December 4, 1866. Whereas, John M. Varnadore, a Confederate soldier, of Telfair county, was entitled to pay for an artificial leg, extending above the knee, 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 the State of Georgia , That the sum of one hundred dollars be, and the same is hereby appropriated to pay said John M Varnadore for an artificial leg, as provided by Act of 1866. John M. Varnadoe for artificial leg. Sec. II. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 18, 1884. FOR R. J. WILSON. No. 31. An Act to make an appropriation to pay R. J. Wilson, of Richmond county, Georgia, for an artificial arm, under an Act approved December 4, 1866. Whereas, R. J. Wilson, a Confederate soldier, of Richmond county, Georgia, was entitled to pay for an artificial arm, under the

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Act of December 4, 1866, but failed to receive any benefit under said Act: therefore, Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of seventy-five dollars be, and the same is hereby appropriated to pay said R. J. Wilson for an artificial arm, as provided by Act of 1866. R. J. Wilson 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 December 18, 1884. FOR FEE WILSON. No. 37. An Act to make an appropriation to pay Fee Wilson, of Richmond county, Georgia, for an artificial arm, under an Act approved December 4, 1866. Whereas, Fee Wilson, a Confederate soldier, of Richmond county, Georgia, was entitled to pay for an artificial arm, under Act of December 4, 1866, but failed to receive any benefit under said Act: therefore, Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of seventy-five dollars be, and the same is hereby appropriated to pay said Fee Wilson for an artificial arm, as provided by Act of 1866. Fee Wilson for artificial arm. 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 20, 1884. FOR JAMES A. CODY. No. 368. An Act to make an appropriation to pay James A. Cody, Fulton county, Georgia, for an artificial leg, under an Act approved December 4, 1866. Whereas, James A. Cody, a Confederate soldier, of Fulton county, Georgia, was entitled to pay for an artificial leg under the Act of December 4, 1866, but failed to receive any benefit under said Act: therefore,

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Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of seventy-five dollars be, and the same is hereby appropriated to pay said James A. Cody for an artificial leg, as provided by Act 1866. To Jas. A. Cody artificial leg. 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 October 13, 1885. FOR WILLIAM H. DICKENSON. No. 370. An Act to make an appropriation to pay William H. Dickenson, of the county of Richmond, for an artificial arm, under an Act approved December 4, 1866. Whereas, William H. Dickenson, a Confederate soldier, of Richmond county, was entitled to pay for an artificial arm under the Act of December 4, 1866, but failed to receive any benefit under said Act: therefore, Section I. Be it enacted by the General Assembly , That the sum of seventy-five dollars be, and the same is hereby appropriated to pay said William H. Dickenson for an artificial arm, as provided by said Act of December 4, 1866. For Wm H. Dickenson 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 October 13, 1885. FOR JOEL A. LEWELLEN. No. 406. An Act for the relief of Joel A. Lewellen. Whereas, Joel A. Lewellen, formerly a private soldier of Company D, First Regiment Georgia Volunteers, who lost an arm above the elbow at the battle of Chickamauga, September 19, 1863, and that not apprised of the benefit of the Act of September 20, 1879, until after the passage and enforcement of the Acts of 1882 and 1883 for the appropriations to furnish maimed soldiers with artificial limbs, and proofs of these facts and statements being on file in [Illegible Text] office of this State:

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Section I. Be it therefore enacted bg the General Assembly of the State of Georgia , That the sum of sixty dollars be, and the same is hereby appropriated to pay to said Joel A. Lewellen the amount allowed him under the Act of September 20, 1879, in place of the artificial arm thereby allowed. Joe A Lewellen for artificial arm. Sec. II. That all conflicting laws are hereby repealed. Approved October 15, 1885.

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TITLE II. TAXES. ACTS. For support of State Government for 1885-86. For new Capitol. Record of tax defaulters. Correct returns of property for taxation. FOR SUPPORT OF STATE GOVERNMENT 1885-86. No. 52. 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-five and eighteen hundred and eighty-six, and to prescribe what persons, professions and property are liable to taxation; to prescribe the method of collecting said taxes, and to provide penalties and forfeitures for non-payment of taxes, and for other purposes. 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 this State of three-tenths of one per cent. for each of the fiscal years eighteen hundred and eighty-five and eighteen hundred and eighty-six. Tax for 1885-6. Three-tenths of one per cent. Sec. II. Be it further enacted by the authority aforesaid , That in addition to the ad valorem tax on real and personal property, as required by the Constitution, and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years eighteen hundred and eighty-five and eighteen hundred and eighty-six: Specific Taxes.

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First .Upon each and every male inhabitant of the State, on the first day of April, between the ages of twenty-one and sixty years, a poll tax of one dollar for each of said years 1885 and 1886, which tax shall be for educational purposes; Provided , this tax shall not be demanded of crippled, maimed and disabled Confederate soldiers, relieved of such tax under and by authority of an Act approved July 23, 1883. Poll Tax. Proviso, Confederate Soldiers. Second .Upon 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. Third .Upon every daguerrean, ambrotype, photographic and similar artist, ten dollars. Daguerrean and other artist. Fourth .Upon every person carrying on the business of auctioneer, twenty-five dollars for each county in which they may carry on such business. Auctioneers. Fifth .Upon every keeper of a pool, billiard or bagatelle table, kept for public use, whether in a saloon, bar-room, hotel or other public place, twenty-five dollars for each table. Keepers of Pool. Billiard or Bagatelle tables. Sixth .Upon every keeper of any other table, stand, or place for the performance of any game or play, and upon the keeper of any flying horses, or any other game or play (unless kept for exercise or amusement, not prohibited by law, and not kept for gain, directly or indirectly), twenty-five dollars in each county. Keepers of other tables and games. Seventh .Upon every keeper of a ten-pin alley, or alley of like character, kept for public play, twenty-five dollars for each place of business. Ten-pin Alleys. Eighth .Upon 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 of the Code of Georgia of 1882. Traveling Vendors of Medicines. Proviso, Confederate Soldiers. Ninth .Upon 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 the State in which such person, firm or agent may solicit business. Agents of Insurance Companies, Matrimonial, Natal or Nuptial Associations. Tenth .Upon each emigrant agent or employer or employee 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. Eleventh .Upon every traveling vendor using boats for the purpose of selling goods on the rivers within the limits of this State, the sum of fifty dollars in each county where they may sell their

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wares, and said tax shall be a lien on the boat and its contents without regard to ownership thereof; 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 of the Code of Georgia of 1882. Vendors traveling in boats. Proviso, Confederate Soldiers. Twelfth .Upon all itinerant lightning rod dealers, the sum of twenty-five dollars for each and every county in which they may operate. Lightning Rod dealers. Thirteenth .Upon every person or firm who, as agent for, resident or non-resident owners, holds or keeps for hire or sale any piano or pianos, or other musical instrument, the sum of twenty-five dollars for each county in which such person or firm does business. Agents for Pianos and Musical Instruments. Fourteenth .Upon all shows and exhibitions (except such as histrionic, musical, dramatical, operatic and elocutionary), including side shows accompanying circus companies, twenty five dollars in each and every city or town of five thousand inhabitants; twenty dollars in cities or towns of four thousand and under five thousand inhabitants, and fifteen dollars in city or town of less than four thousand inhabitants; said tax so collected shall be for educational purposes. Shows and Exhibitions. Fifteenth Upon 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. Sixteenth .Upon all dealers in spirituous or malt liquors, intoxicating bitters, or brandy fruits, whether dealing in either or all thereof, the sum of fifty dollars for each place of business in each county where the same are sold; Provided , this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes or other fruits grown on their own lands when sold in quantities not less than five gallons; Provided , that nothing in this Act shall be so construed as to levy a tax on domestic wines manufactured from grapes grown on their own lands; said tax shall be for educational purposes. Dealers in Liquors. Proviso Proviso, excepting Domestic Wines. Seventeenth .Upon any person who, as agent of any sewing machine company, or as agent for any dealers in sewing machines, or as a peddler of sewing machines, shall sell sewing machines, ten dollars in each county where said person may do business as such agent or peddler for such sewing machine company, or dealers in sewing machines, for the purpose of selling single machines to consumers, and not for the purpose of selling to other dealers exclusively. The Tax Collector shall issue to such person as pays said tax a license, which the licensee shall keep conspicuously posted at his place of business, or on his peddling vehicle; Provided , that the tax of ten dollars shall not apply to maimed Confederate soldiers who are now, or who may hereafter be, licensed by the Ordinaries of

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the various counties to peddle, in conformity with section 534 of the Code of 1882; Provided further that such maimed soldier shall peddle such machines in his own right, and not as agent or employee 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 this State. Before such agent or peddler shall be authorized to sell sewing machines, as agent for any sewing machine company, or as agent for any dealers in sewing machines, he shall make record of the fact of his being such agent or peddler with the Ordinary of the county in which he proposes to do business. Upon failure to do so, or to post the license as herein required, he shall be liable to indictment for a misdemeanor, and on conviction shall be fined in a sum of not less than fifty dollars nor more than one hundred dollars, at the discretion of the court trying the same. One-half of such fine shall go to any person who shall report the violation of this law. Sewing Machine Agents. License. Proviso, Confederate Soldiers. Lien. Record of Agency. Penalty. Eighteenth .And upon all dealers in pistols, toy pistols, revolvers, pistol or revolver cartridges, dirks or bowie knives, the sum of one hundred dollars for each place of business in each county where the same are sold. Dealers in Pistols, etc. Nineteenth .Every individual or firm, or his or their agents, engaged in the business of selling or buying farm products for future delivery (commonly called futures) shall pay a tax of five hundred dollars, each, per annum to the Tax Collector of the county where each business is carried on; Provided , that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade only for the actual and bona fide delivery of cotton and other produce so ordered, and where by the terms of the contract it is not left to the option of the party so ordering, or the party taking such order, to avoid the delivery of the produce or products by paying the difference in the market price of such produce or products at the time of delivery; Provided further , that such cotton warehouseman, dealer in actual cotton, or any provision broker does not carry on the business of buying futures in connection with his or their other business. Dealers in Futures. Proviso. Proviso. Twentieth .On each Iron Safe Company, selling or dealing in new iron safes by itself, or agent, and all dealers in iron safes, selling or dealing in new iron safes, and any individual or company making a regular business of dealing in or selling second-hand iron safes in this State, shall pay to the Tax Collector of each county in which they may do business, the sum of twenty-five dollars at the time of commencement of business for each fiscal year or fractional part thereof, and all safes belonging to such companies, dealers, their agents or others shall be liable to seizure and sale for payment of such tax. Dealers in Iron Safes. Lien. Twenty-first .Upon all itinerant traders and peddlers in buggies, wagons, carts, carriages or like vehicles, the sum of twenty-five dollars for each county in which they do business; Provided , that

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so much of paragraph 17 of this section as relates to obtaining and posting license, and the penalty for failure so to do, shall be applicable to the license required under this paragraph. Buggies, Wagons, etc. Twenty-second .Upon every peddler of stoves or ranges for cooking purposes, the sum of one hundred dollars in every county in which such peddler may do business. So much of paragraph 17, section 2, as relates to obtaining, posting and recording license, and penalty for violating the law in the matter of peddlers of sewing machines, shall apply to peddlers of stoves and ranges, except the tax shall be $100.00 instead of $10.00. Peddlers of Stoves, etc. Licenses and Penalty. Twenty-third .Upon every person or firm, for himself, or agent for resident or non-resident owners, who holds or keeps for hire or sale any billiard, pool or other table of like character, the sum of fifty dollars for each county in which such person or firm does business. Hirers or sellers of Billiard tables, etc. Sec. III. Be it further enacted by the authority aforesaid . That the taxes provided for in paragraphs 1, 2 and 3 of second section of this Act 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 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of section second of this Act shall be returned and paid to the Tax Collectors of the counties where such vocations are carried on. Return and payment of taxes. In 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, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of second section 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, as the time of commencing to do business specified in said paragraphs. Payment 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 upon the gross receipts of such insurance companies, all such companies doing 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. Insurance companies. Sec. VI. Be it further enacted by the authority aforesaid , That the presidents of all building and loan associations, and other 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, uponwhich, as shown by the books of such associations, no advance has been made, or money borrowed thereon, by the individual stockholders therein, to be taxed as other moneyed capital

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in the hands of private individuals is taxed; Provided , that no tax shall be required 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 and like Associations. Proviso. Sec. VII. Be it further enacted by the authority aforesaid , That the presidents 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 their property whatever of their respective companies, at its true market value, to the Tax Receiver of the county where the same is located, or where the principal business of each company is located, to be taxed for State and county purposes as other property in this State is taxed. Manufacturing and other companies. Returns. 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. of their gross receipts; and the superintendent or general agent of each express, telegraph, telephone and 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 in each year to the Comptroller-General, showing an account of their gross receipts during the quarter ending on that day, and said taxes therein 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 returns. Express, telegraph, telephone, sleeping and palace car companies. Returns. Sec. IX. Be it further enacted , That every sewing machine company selling or dealing in sewing machines, by itself or its agents, in this State, and all wholesale dealers in sewing machines, selling sewing machines manufactured by companies that have not paid the tax herein required 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 dealers, 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, unless each of said companies has itself paid such tax. Any person who shall violate the provisions of this section shall be liable to indictment for misdemeanor, and on conviction shall be fined in a sum 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

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any person who may report the violation of the provisions of this section. Sewing Machine companies. Lien. Wholesale dealers for different companies. Penalty. Sec. X. Be it further enacted by the authority aforesaid , That no tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States. and located within this State, but the shares of the stockholders of such bank or banking association, whether resident or non-resident owners, shall be taxed in the county where such bank or banking associations are located, and not elsewhere, at their true and full market value, 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 bank or banking associations from the tax on property owned by them, as provided for in section 7 of this Act. Banks and Banking Associations. Shares, how taxed. Proviso. Sec. XI. Be it further enacted by the authority aforesaid , That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General, as now provided by law, for the taxation of the property or gross receipts or net income of railroads, and shall pay to the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act, and the laws now in force relating to the tax on railroads, and on failure to make returns or refusal to pay tax, said companies shall be liable to all the penalties now provided by law. Railroad companies. Returns Sec. XII. Be it further enacted by the authority aforesaid , That the presidents or principal agents of all the incorporated companies herein mentioned, except such as are required to make returns to the 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 to Comptroller-General. Sec. XIII. Be it further enacted by the authority aforesaid , That the oath to be administered to all persons making returns of their taxable property shall be in the following words: You do solemnly swear that you will true answers make to all lawful questions which I may put to you touching the return you are about to make, and that you will make a true return of all your cash or moneyed capital, and every other species of property, as your own or as agent for any other person or persons, 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 officer receiving such returns to require of each and every person taking such oath touching all his taxable property, and the market value of the same, and to propound such questions as may be published by the Comptroller-General under the law, for the purpose of eliciting full and true returns of the taxable property of this State. Oath in making returns. Duty of receiver of returns. Sec. XIV. Be it further enacted by the authority aforesaid , That the Comptroller-General is authorized and empowered to order the Tax

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Receivers of this State to commence receiving the returns of taxable property immediately after the first day of April of the year 1885 and 1886, and that the Comptroller-General is empowered and requested to cause the taxes to be collected and paid into the State Treasury by the 20th of December of each of said years 1885 and 1886. Time for receiving returns. Time for collection of taxes. 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 22, 1884. FOR NEW CAPITOL. No. 184. An Act to provide means for the completion of the new Capitol by authorizing the levy and collection of a special tax therefor, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That the Governor be, and he is hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the general State tax, an annual tax of one-half tenth of one per cent. on all the taxable property of this State, for the purpose of raising the funds necessary to complete the new Capitol now being erected. Special tax for new capitol. One half-tenth of one per cent. Sec. II. Be it further enacted by the authority aforesaid , That the tax authorized herein shall be specially levied and collected, and separate accounts shall be kept of the same, and the moneys arising therefrom shall be applied only to the completion of the Capitol building as aforesaid. So soon as the amount required to meet the expenditure yet to become due on the present contract, including the necessary expenses of carrying out the same to the State, shall have been raised, the tax herein authorized shall cease, and shall no longer be levied or collected; Provided , that this tax shall not be estimated by any county authorities in assessing the taxes for county purposes. Specially levied and collected. Separate accounts to be kept. Application of moneys. When tax shall cease. Proviso. 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 22, 1885.

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RECORD OF TAX DEFAULTERS. No. 393. An Act to require the Tax Collectors of the several counties of this State to record the names of all persons who have not paid their State and county taxes in their respective counties; to prescribe how such record shall be kept and how taxes collected from such persons shall be credited, 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 Tax Collectors of the several counties of this State to record in a book kept for the purpose, in alphabetical order and by militia districts, the names of all persons who have not paid their taxes, placing opposite the name of such person the amount he is due for such tax, said record to be made in a well-bound book, to be furnished at the expense of the county, and the record so required to be made shall be filed by the first day of July of each year with the court or Board of Commissioners having charge and control of the county affairs. Record to be kept of tax defaulters. Record to be filed. Sec. II. Be it further enacted , That when any tax shall be collected after said record is made, it shall be applied to oldest tax demand against said person paying the same. Tax collected after record made, how applied. Sec. III. Be it further enacted , That for the service in making said record, the Tax Collector shall have the sum of five dollars for every hundred names so recorded on said book, to be paid out of the county treasury, and for his failure to discharge the duties herein required of him, such Collector shall forfeit one-fourth of his commissions. Pay of tax-collector. Failure to discharge the duty. 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 October 15, 1885. CORRECT RETURNS OF PROPERTY FOR TAXATION. No. 457. An Act to provide for the correct returns of the property in this State for the purpose of taxation, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That for the purpose of having a full and correct return of the real and personal property in this State, it shall be the duty of the Receiver of Tax Returns to present a list to each tax-payer, which shall contain the following: List of questions for tax payers.

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How many acres of land, except wild lands, do you own, or of how many are you the holder, either as parent, husband, trustee, executor, administrator, or agent? Where is the same located by number, district and section? What is the value thereof? How many city or town lots, with improvements thereon, and what is the value thereof? How many shares in the bank of which you are president, and what is the value thereof? How much capital have you in the bank of which you are president, as a sinking fund, or surplus fund, and not represented in the value of the shares? How much property, real and personal, does the bank of which you are president own, not used in the banking business, and what is the value thereof? How much money or capital has the building association, or the building and loan association, of which you are the president, in loans? How much money on hand? How many notes, or other obligations for money, and the value thereof? The value of merchandise of all kinds on hand? The amount of capital invested in shipping and tonnage? The amount of capital invested in stocks of companies, other than such companies as are required to be returned by the president, or their agents, either to the Tax Receiver or the Comptroller-General? How much capital invested in bonds, except bonds of the United States and such bonds of this State as are by law exempt from taxation? How much capital has the manufacturing company of which you are president, or agent, invested in the manufacture of woolen or cotton fabrics, and what is the value of your stock on hand, and what is your surplus fund? How much capital have you invested in iron works, foundries and machine shops, including machinery? How much capital have you invested in mining, and what is your surplus fund? What is the value of your household furniture, including your tableware? What is the value of your kitchen furniture? What is the value of your office furniture? How many pianos, organs and other musical instruments, and the value of the same? What is the value of your library, paintings, pictures and statuary? The value of your gold watches? The value of your silver watches? The value of your watches made from materials other than gold or silver?

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The value of gold and silverware? The value of diamonds and jewelry? The number of horses and the value thereof? The number of mules and asses, and the value thereof? The number of cattle, and the value thereof? The number of sheep, and the value thereof? The number of goats, and the value thereof? The number of hogs, and the value thereof? The number of wagons, carriages and buggies, and the value thereof? The value of agricultural tools, implements and machinery? The value of cotton, corn and other farm products on hand and for sale? The value of guns, pistols, bowie-knives and such articles? The value of sewing machines? The value of all other personal property not herein mentioned? Sec. II. Be it further enacted , That personal property shall be construed, for purposes of taxation, to include all goods, chattels, moneys, credits and effects, whatsoever they may be, all ships, boats and vessels belonging to the inhabitants of this State, whether at home or abroad, and all capital invested therein; all money within or without the State due the person to be taxed; all stocks and securities, whether in corporations within this Sate or in other States, owned by citizens of this State, unless exempt by the laws of the United States or of this State. Personal property includes what. Sec. III. Be it further enacted , That the oath to be attached to the lists provided for in this Act shall be as follows: I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by said list, is at the true market value thereof; and I further swear that I returned, for the purposes of being taxed thereon, every species of property that I own in my own right, or have control of, either as agent, executor, administrator or otherwise; and that, in making said return for the purpose of being taxed thereon, I have not attempted, either by transferring my property to another or by any other means sought to evade the laws governing taxation in this State. I do further swear that, in making said return, I have done so by estimating the true worth and value of every species of property contained therein. Which oath shall be subscribed by the persons making the return, and the administration and taking of the oath shall be attested by the Receiver of Tax Returns. Oath of tax payer. Signature and attestation of oath. Sec. IV. Be it further enacted , That it shall be the duty of the Comptroller-General to have the lists provided for in this Act printed, with the oath required by preceding sections attached thereto, and at the time of forwarding the digests to the Receivers of Tax Returns, as now required by law, he shall forward to each Receiver of Tax Returns a sufficient number of such lists to enable

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them to take the returns of the tax-payers of their respective counties. Comptroller-General to furnish lists. 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 October 20, 1885.

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TITLE III. CONSTITUTION. ACTS. To amend an Act to carry into effect part of Par. 1, Sec. 1, Art. 7 of the Constitution. To amend Constitution by striking Par. 15, Sec. 7, Art. 3. To carry into effect Par. 1, Sec. 17, Art. 6 of the Constitution. To execute Par. 2, Sec. 4 of Art. 6 of the Constitution. To amend last sentence of Art. 7, Sec. 1, Par. 1 of the Constitution. TO AMEND AN ACT TO CARRY INTO EFFECT PARAGRAPH 1, SECTION 1, ARTICLE 7 OF THE CONSTITUTION. No. 64. An Act to amend an Act entitled an Act to carry into effect the last clause of Paragraph 1, Section 1, Article 7 of the Constitution of 1877, approved September 20, 1879. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That section 1 of an Act to carry into effect the last clause of paragraph 1, section 1, article 7 of the Constitution of 1877, which is as follows: Be it enacted by the General Assembly of the State of Georgia, That any person, now a bona fide resident of this State, who enlisted in the military service of the Confederate States, or of this State, who, while engaged in the said military service, lost a limb or limbs, may furnish to the Governor of this State proof that such applicant has supplied himself with such needed artificial limb or limbs, and the Governor, on reception of such proof, is hereby authorized to draw his warrant on the Treasury of the State in favor of such applicant for either amount herein mentioned, to-wit: For a leg extending above the knee, one hundred dollars; for a leg not extending above the knee, seventy-five dollars; for an arm extending above the elbow, sixty dollars; for an arm not extending above

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the elbow, forty dollars; Provided , the said amounts of money may be allowed to any one entitled to the benefit of this Act, who may prefer to supply himself with the said artificial limb, be, and the same is hereby amended by inserting after the word limbs, where it first occurs in said section, the words or who received wounds which afterwards caused the loss of a limb or limbs, so that the first section shall read as follows: Act amended so as to permit payment for limbs lost after the war by reason of wounds received during the war. Be it enacted by the General Assembly of the State of Georgia , That any person, now a bona fide resident of this State, who enlisted in the military service of the Confederate States, or of this State, who, while engaged in such military service, lost a limb or limbs, or who received wounds which afterwards caused the loss of a limb or limbs, may furnish to the Governor of this State proof that such applicant has supplied himself with such needed artificial limb, or limbs, and the Governor, on the reception of such proof, is hereby authorized to draw his warrant on the Treasury of this State in favor of such applicant for either amount herein mentioned, to-wit: For a leg extending above the knee, one hundred dollars; for a leg not extending above the knee, seventy-five dollars; for an arm extending above the elbow, sixty dollars; for an arm not extending above the elbow, forty dollars; Provided , said amounts of money may be allowed to any one entitled to the benefits of this Act, who may prefer to supply himself with the said artificial limb. 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 24, 1884. TO AMEND CONSTITUTION BY STRIKING PARAGRAPH 15, SECTION 7, ARTICLE 3. No. 195. An Act to amend the Constitution of the State of Georgia by striking thereform Paragraph 15, Section 7, Article 3. Sec. 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 Constitution of this State be amended by striking therefrom paragraph 15 of section seven (7), article three (3), which reads as follows, to-wit: Paragraph XV.All special or local bills shall originate in the House of Representatives. The Speaker of the House of Representatives shall, within five days from the organization of the General Assembly, appoint a committee, consisting of one from each Congressional District, whose duty it shall be to consider and consolidate all special and local bills, on the same subject, and report the same to the House; and no special or local bill shall be read or

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considered by the House until the same has been reported by the committee, unless by a two thirds vote; and no bill shall be considered or reported to the House by said committee, unless the same shall have been laid before it within fifteen days after the organization of the General Assembly, except by a two-thirds vote. Amendment as to special and local bills. Sec. II. Be it further enacted , That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election. Adoption and submission of this amendment. Advertisement. Sec. III. Be it further enacted , That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts in this State, at which election every person shall be entitled to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall write, or have printed on their ballots the words, For ratification of the amendment striking paragraph 15 of section 7, article 3, from the Constitution; and all persons opposed to the adoption of the aforesaid proposed amendment shall write, or have printed on their ballots the words, Against ratification of the amendment striking paragraph 15 of section 7, article 3, from the Constitution. Vote thereon. Ballots. Sec. IV. Be it further enacted , That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people, as required by the Constitution of this State, in paragraph 1, section 1 of article 13, and by this Act, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation for the period of thirty days announcing such result and declaring the amendment ratified. Ratification. Proclamation. 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, 1885.

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TO CARRY INTO EFFECT PARAGRAPH I, SECTION XVII, ARTICLE VI, OF THE CONSTITUTION. No. 403. An Act to carry into effect Paragraph 1, Section XVII, Article VI, of the Constitution of the State of Georgia so far as the same relates to civil cases. Whereas, the provision of the Constitution of the State of Georgia vesting the power to change the venue in civil cases in the Superior Courts should be carried into effect by appropriate legislation: Section I. Be it enacted by the General Assembly of this State , Whenever the presiding Judge shall be satisfied that an impartial jury cannot be obtained in the county where any civil cause is pendingonly by an examination voir doire of the persons whose names are on the jury lists of such county, and who are compellable to serve on the jurythen if a jury cannot be obtained it shall be lawful for such civil cause to be transferred to any county that may be agreed upon by the parties or their counsel; and in the event the parties or their counsel fail or refuse to agree upon any county in which to try said cause then pending, the Judge is hereby authorized to select the county in which the same shall be tried, and have the cause transferred accordingly; and it shall be lawful for the Judge of the Superior Court, when any civil cause has been once transferred, to again change the venue from the county to which the transfer was first made to any other county in the same manner as the venue was first changed from the county in which said civil cause was originally commenced, said change of venue subject to this statute. Change of venue in civil cases. Examination of jury. Transfer to another county by agreement. Failure to agree. Further change of venue. Sec. II. Be it further enacted by the authority aforesaid , It shall be the duty of the Clerk of the Superior Court of the county from which the cause has been transferred to send a true transcript of the order for the change of venue, together with a certified copy of the record in such cause, including depositions and orders and all pleadings, to the Superior Court of the county to which the case has been transferred. Transcript of order and record. Sec. III. Be it further enacted by the authority aforesaid , After said cause is transferred, all further proceedings shall be conducted as if said cause was originally commenced in the court to which the same was transferred. Further proceedings. Sec. IV. Be it further enacted by the authority aforesaid , That all costs which accrued up to the time of the transfer of such cause shall at the termination of said cause be paid by the party or parties against whom the same may be assessed to the proper officers of the county from which said cause was transferred. Costs.

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Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved October 15, 1885. TO EXECUTE PARAGRAPH 2, SECTION IV, OF ARTICLE VI, OF THE CONSTITUTION. No. 415. An Act to execute Paragraph 2, Section IV, of Article VI, of the Constitution of this State by conferring upon Courts of Common Law, Equity jurisdiction. 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 desiring to obtain equitable relief on the common law side of any Superior Court in this State may, in a separate suit for that purpose, or in connection with a suit claiming only such remedy or relief as is administered in courts of common law, claim equitable relief on the common law side of any Superior Court in this State by appropriate and sufficient pleading, and obtain the equitable relief sought, or such as is proper in the case presented in the pleadings, if sustained by evidence; and said person, so claiming equitable relief, may, and is hereby authorized to make all necessary parties to secure equitable relief, either at the beginning of his suit, or afterwards by amendment; and may make amendments in matter of form or substance to his suit as is now allowed courts of common law or equity. Said person, so claiming equitable relief on the common law side of the Superior Court, may also, at any time in aid of his suit, apply for and obtain, by proper pleading and proof, any of the extraordinary remedies known in courts of equity, or such as are, or may be granted by the Judge of the Superior Court exercising chancery jurisdiction, upon the same terms and conditions as are now granted in equitable proceedings. Equitable relief on common law side of the court. Parties. Amendments. Extraordinary remedies. Sec. II. Be it further enacted by the authority aforesaid , That a defendant to any suit or claim on the common law side of the Superior Court, whether such suit be for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose, and sustaining them by sufficient evidence. Such defendant may also, if it is necessary to obtain complete relief, make necessary parties; and may also by proper pleadings and sufficient evidence obtain the benefit of extraordinary remedies allowed in equitable proceedings by the Superior Court, or by the Judge thereof, exercising chancery jurisdiction, at such times and on such terms as such remedies are granted by said court, or by said Judge exercising chancery jurisdiction. Equitable relief for defendants. Parties. Extraordinary remedies.

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Sec. III. Be it further enacted by the authority aforesaid , That the Superior Court having jurisdiction of the matters set forth in sections 1 and 2 of this Act, and the Judge of the Superior Court exercising chancery jurisdiction over the same, be, and are hereby authorized to require proper and sufficient pleadings, to be determined by rules now applicable in equitable proceedings, in any claim or defense presented under sections 1 and 2 of this Act, and to require, when existing laws do not sufficiently provide for and regulate the same, sufficient notice of the pleadings provided for in sections 1 and 2 of this Act. Pleadings. Notice of Pleadings. 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 October 16, 1885. TO AMEND LAST SENTENCE OF ARTICLE 7, SECTION I, PARAGRAPH I OF THE CONSTITUTION. No. 451. An Act to amend the last sentence of Article 7, Section 1, Paragraph 1 of the Constitution of 1877. Section I. Be it enacted by the General Assembly of the State of Georgia , That the last sentence of article 7, section 1, paragraph 1 of the Constitution of 1877 be, and the same is hereby amended by adding thereto at the end of said sentence the following words, And to make suitable provision for such Confederate soldiers as may have been permanently injured in such service, so that said sentence when so amended shall read as follows: To supply the soldiers who lost a limb or limbs in the military service of the Confederate States with suitable artificial limbs during life, and to make suitable provisions for such Confederate soldiers as may have been permanently injured in such service. Provision for Confederate soldiers permanently injured. Sec. II. And be it further enacted , That if this amendment shall be agreed to by two-thirds of the members elected to each of the two Houses, the same shall be entered on their journals with the ayes and nays taken thereon; and the Governor shall cause said amendment to be published in one or more newspapers in each Congressional district for two months previous to the next general election; and the same shall be submitted to the people at the next general election; and the legal voters at said next general election shall have inscribed or printed on their tickets the words ratification or non-ratification, as they may choose to vote; and if a majority of the voters qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of ratification, then this amendment

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shall become a part of said article 7, section 1, paragraph 1 of the Constitution of the State, and the Governor shall make proclamation thereof. Adoption and submission of this amendment. Advertisements. Ballots. Proclamation. Sec. III. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby repealed. Approved October 19, 1885.

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TITLE IV. CODE AMENDMENTS. ACTS. Amending general law for incorporation of railroads. Panels of Grand Jurors for more than one week. Neglect of duty by Road Commissioners. License to sell liquors in quantities less than a gallon. Payment for refreshments for juries. Record and enforcement of mechanics' liens. Sale and delivery of certain products. Terms of Supreme Court changed. Jury fee and fee for confession of judgment abolished. Extending quarantine jurisdiction of Brunswick and St. Mary's. Rights of special parties. Terms of Justices' Courts. Service on lessees of railroads in certain cases. Setting aside year's support. Habeas Corpus in extradition cases. Trustees to fill vacancies in churches and religious societies. Punishment for escapes of misdemeanor convicts. Title in sales of certain products. Jurisdiction of petitions for requiring bonds of assignees. Bond by plaintiff in cases of garnishment. Disposition of proceeds in cases of partition. Apportionment of road working. Service of bills in equity. Conveyances to secure debts. Incorporation of schools, churches, etc. Keeping Gaming house. License to sell siprituous liquors. Discharge of homeless lunatics. Composition of State militia. Diplomas by medical colleges. Mode of obtaining tales jurors. Dentists and practice of dentistry.

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AMENDING GENERAL LAW FOR INCORPORATION OF RAILROADS. No. 10. An Act to amend Section 1689, N. N., of the Code of 1882, by inserting after the words paid in in the fifth line of said section the following, or if the necessities of the road require more than one-half the amount of the capital stock already actually paid in, then to the extent of three thousand dollars per mile, and for other purposes. Section. I. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same , That section 1689, N. N., of the Code of 1882 be amended by inserting after the words paid in in the fifth line of said section the following: or if the necessities of the road require more than one-half the amount of the capital stock already actually paid in, then to the extent of three thousand dollars per mile, so that said section, when so amended, shall read as follows: Any company incorporated as aforesaid shall have power to borrow money from time to time and issue therefor bonds or obligations upon such terms as may be agreed upon, to an extent not exceeding one-half the amount of the capital stock then actually paid in, or if the necessities of the road require more than one-half of the amount of the capital stock already actually paid in, then to the extent of three thousand dollars per mile, and to mortgage or hypothecate any of the property of the company to secure such bonds or obligations; Provided , however, that the authority to the Board of Directors to so borrow money and to issue bonds and obligations shall be conferred by stockholders of such company in meeting or convention assembled, and to this end the votes of a majority of all the stock of said corporation shall be sufficient to confer such power. Sec. 1689 N. N. amended. To what extent money may be borrowed. 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, 1884.

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PANELS OF GRAND JURORS FOR MORE THAN ONE WEEK. No. 11. An Act to amend Section 3936 of the Code providing for the drawing of Grand and Petit Jurors in certain cases. Section I. Be it enacted by the General Assembly of the State, and it is hereby enacted by the authority aforesaid , That section 3936 of the Code, which reads as follows: It shall be the duty of the presiding Judge of the Superior Court in any county of this State, when such court is held for longer than one week to draw separate panels of both grand and petit jurors for each week of such Superior Court, be, and the same is hereby amended by striking out from the fourth line of said section the words both grand and, and by adding to the end of said section the following words: He may also draw separate panels of grand jurors for each week if, in his opinion, the public interests require it, so that said section as amended shall read as follows: It shall be the duty of the presiding Judge of the Superior Court in any county of this State, when such court is held for longer than one week, to draw separate panels of petit jurors for each week of such Superior Court. He may also draw separate panels of grand jurors for each week if, in his opinion, the public interests require it. Amending Sec. 3936. Drawing separate panels of Grand Jurors in Judge's discretion. 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, 1884. NEGLECT OF DUTY BY ROAD COMMISSIONERS. No. 54. An Act to amend Section 661 of the Code of 1882 by striking out of the twelfth line thereof the word fifty and inserting in lieu thereof the word ten. Section I. Be it enacted by the General Assembly of Georgia , That section 661 of the Code of 1882 be, and the same is hereby amended by striking therefrom the word fifty in the twelfth line of said section and inserting in lieu thereof the word ten, so that said section, when amended, will read as follows: Whenever the Grand Jury, in any county in this State, shall present any Road Commissioner for neglect of duty generally or in particular, it shall be the duty of the Clerk of the Court to issue a summons, in writing,

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directed to such Commissioners, commanding them to be and appear at the next term of the Superior Court, in which the presentment is made, to answer the accusation of the Grand Jury, which said summons shall be served by the Sheriff upon the Commissioner at least twenty days before the term of the court to which the same is returnable; and if, upon the investigation of the case, it shall appear that the accusation is made out by the proof, the Judge shall thereupon impose upon such Commissioners a fine not less than ten dollars nor more than two hundred dollars. Amending Sec. 661. Penalty for neglect of duty by road commissioners. 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 22, 1884. LICENSE TO SELL LIQUORS IN QUANTITIES LESS THAN ONE GALLON. No. 55. An Act to amend Section 1419 of the Code of 1882 so as to give Ordinaries and County Commissioners of Roads and Revenues the same discretion in granting or refusing license to sell spirituous liquors in quantities less than one gallon that they have in granting or refusing a license to retail. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 1419 of the Code of 1882 be amended by adding the words, or sell the same in any quantity less than one gallon, after the word liquors and before the word must in the second line of said section, and by adding the words, or sell in any quantities less than one gallon, after the word retail and before the word who in the third line of said section, so that when said section is amended it will read: Persons, before obtaining license to retail spirituous liquors, or sell the same in any quantity less than one gallon, must apply to the Ordinary of the county, or to the County Commissioners of the county, where such courts exist, in which they desire to retail or sell in any quantity less than one gallon, who have power to refuse or grant said application. Amending Sec. 1419. Selling liquor in quantities less than one gallon. 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 22, 1884.

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PAYMENT FOR REFRESHMENTS FOR JURIES. No. 57. An Act to amend Section 3947 of the Code of 1882 in reference to drawing warrants on the County Treasurer. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, section 3947 of the Code of 1882, which authorizes the presiding Judge to draw warrants on the County Treasurer, be amended by striking out the words County Treasurer of in the sixth line of said section and inserting in lieu thereof the following words, to-wit: The officers whose duty it is to audit claims against; also, by striking out the words, for the payment of the same which the said Treasurer, where it occurs in the seventh and eighth lines of said section, and inserting in lieu thereof the following words, to-wit: Who shall order the same to be paid by the Treasurer, be inserted, so that said section, when amended, will read as follows: When the jury is confined in the investigation of a case for a length of time which exposes them to hunger and cold, the court may, on application from such jury, direct them to be furnished with such refreshments as the presiding Judge may deem meet and proper; and the said Judge shall have full power to draw his warrant on the officer whose duty it is to audit claims against the county where the investigation is had, who shall order the same paid out of any funds on hand. The Judge may also allow the jury fire if the circumstances require it; Provided , this section shall not have the effect to repeal any local laws on this subject. Amending Sec. 3947. Refreshments, how paid 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 23, 1884. RECORD AND ENFORCEMENT OF MECHANICS LIENS. No. 59. An Act to amend Section 1981 of the Code of 1882, which provides for mechanics' liens for work done and material furnished in manufacturing or repairing personal property, so as to provide for the better enforcement of said liens; to require their record in certain cases, 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 1981 of the

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Code of 1882 is hereby amended by striking out the word must in the fourth line of said section, and inserting in its place the word may , and by striking out all of said section after the word property in the fourth line of said section and before the word and in the sixth line of said section, and by inserting after such word property and before said word and these words, to-wit: Or the mechanic may surrender such personal property to the debtor, and give credit, when the same shall be enforced in accordance with the provisions of section 1991 of this Code, and that said section is further amended by adding at the end thereof this proviso, to-wit: When they surrender possession of the property to the debtor, such mechanics shall record their claim or lien within ten days after such work is done and material is furnished, in the office of the Clerk of the Superior Court of the county where the owner of such property resides, which claim shall in substance be as follows: A B, mechanic, claims a lien on (here describe the property) of C D for work done and material furnished in manufacturing or repairing (as the case may be) the same, so that said section, when thus amended, shall read as follows: All mechanics of every sort, for work done and material furnished in manufacturing personal property, or for repairing personal property, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of section 1991 of this Code, and shall be superior to all liens but liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claim of lien within ten days after such work is done and material is furnished in the office of the Clerk of the Superior Court of the county where the owner of such property resides, which claim shall be in substance as follows: A B, mechanic, claims a lien on (here describe the property) of C D for work done and material furnished in manufacturing or repairing (as the case may be) the same. Amending Sec. 1981. Surrender of property by mechanic. Record of lien in such case. 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 23, 1884.

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SALE AND DELIVERY OF CERTAIN PRODUCTS. No. 115. An Act to amend Section 1593 of the Code of 1882 by inserting after the word rice and before the words or other products, the words crude turpentine, spirits turpentine, pitch, rosin, tar. Section I. Be it enacted by the General Assembly of Georgia , That section 1593 of the Code be amended by inserting after the word rice and before the words or other products, crude turpentine, spirits turpentine, rosin, pitch, tar, so that said section 1593 shall read as follows: Cotton, corn, rice, crude turpentine, spirits turpentine, rosin, pitch, tar, or other products sold by planters and commission merchants on cash sale, shall not be considered as the property of the buyer, or the ownership given up until the same shall be fully paid for, although it may have been delivered into the possession of the buyer; Provided , that in the event of the loss or destruction of the property by fire after the delivery thereof, the seller's right to collect the purchase money shall in nowise be affected by such a loss or destruction. Amending Sec. 1593. Sales of turpentine, rosin, pitch, and tar protected. 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 July 30, 1885. TERMS OF SUPREME COURT CHANGED. No. 117. An Act to amend Section 3238 of the Code of this State in relation to the times of the meeting of the Supreme Court of this State, and to change the times of the meeting of the same. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That the above recited section be, and the same is hereby amended as follows: by striking out the words, the second Monday in February and the first Monday in September where they occur in said section and inserting in lieu thereof the words, the first Monday in March and the first Monday in October of each year, so that said section as amended shall read as follows: Amending Sec. 3238. Supreme Court to meet first Mondays in March and Oct. The Supreme Court of the State of Georgia shall sit at the seat of government, and its terms shall begin on the first Monday in

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March and the first Monday in October in each year. The court shall be held by two or more of the Judges thereof and shall continue until the business of the court is disposed of. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 12, 1885. JURY FEE AND FEE FOR CONFESSION OF JUDGMENT ABOLISHED. No. 142. An Act to repeal Section 4127 of the Code of 1882, which relates to the Jury Fee for a verdict or decree in the Superior Court, and to the fee for a judgment rendered by the Court. 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 4127 of the Code of 1882, which is as follows, to-wit: For each decree or verdict in the Superior Court the jury fee shall be three dollars, and for each confession of judgment rendered by the court one dollar, to be taxed in the bill of costs, and when collected shall be paid into the county treasuries respectively and added to the fund for the payment of jurors, be, and the same is hereby repealed. Repealing Sec. 4127. 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, 1885. EXTENDING QUARANTINE JURISDICTION OF BRUNSWICK AND ST. MARY'S. No. 152. An Act to amend Section 1377. of the Code of 1882 relating to quarantine jurisdiction. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 1377 of the Code of 1882 be amended by inserting after the words, to Doboy Sound, the words, and the jurisdiction of the corporation of Brunswick shall, in cases of quarantine, extend to all ships and vessels which shall enter any port or inlet from Altamaha Sound to St. Andrew's Sound, and the jurisdiction of the corporation of St. Mary's

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shall, in cases of quarantine, extend to all ships and vessels which shall enter any port or inlet from Cumberland Sound to St. Mary's River, including all inlets, rivers and creeks within those limits, so that said section shall read as follows: Amending Sec. 1377. Quarantine jurisdiction of Brunswick extended. Quarantine jurisdict'n of St Mary's extended. Any town may establish a quarantine therefor at any place within the harbor, if a seaport town, but in such manner as not to interfere with the rights of private property, and the jurisdiction of the corporation of Savannah shall, in cases of quarantine, extend to all ships and vessels which shall enter at any port or inlet from Ossabaw Sound to Tybee, and the jurisdiction of the corporation of Darien shall, in cases of quarantine, extend to all ships and vessels which shall enter at any port or inlet from St. Catharine's to Doboy Sound, and the jurisdiction of the corporation of Brunswick shall, in cases of quarantine, extend to all ships and vessels which shall enter any port or inlet from Altamaha Sound to St. Andrew's Sound, and the jurisdiction of the corporation of St. Mary's shall, in cases of quarantine, extend to all ships and vessels which shall enter any port or inlet from Cumberland Sound to St. Mary's River, including all inlets, rivers and creeks within those limits. 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, 1885. RIGHTS OF SPECIAL PARTNERS. No. 166. An Act to amend Section Nineteen Hundred and Thirty-Six (1936) of the Code of 1882, 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, section nineteen hundred and thirty-six (1936) of the Code of 1882 be, and the same is so altered and amended as to read as follows: A special partner may at any time examine into the condition and progress of the partnership concerns, may advise as to the management of the same, and in case of necessitythat is, when the general partner or partners may be rendered incompetent to act on account of illness, temporary absence or other causemay direct and control the business of the partnership as a general partner may do, provided such special partner, before assuming such direction and control, shall cause to be placed in a position easily to be seen by all parties dealing with said partnership a placard or sign showing who are the general and who the special partners constituting such partnership; otherwise, the special partner or partners shall not transact any business on account of the said

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partnership, nor be employed for that purpose as agent or in any capacity akin thereto. If, contrary to the provisions of this Act, the said special partner or partners shall in any manner interfere with the business and affairs of the partnership, he or they shall be deemed a general partner or general partners; but a special partner may act as the attorney or counselor at law or in equity for the partnership without being liable to become a general partner. Amending Sec. 1936. Special partner may examine condition of affairs. May advise and assume control. Must give notice. 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 8, 1885. TERMS OF JUSTICES' COURTS. No. . An Act to amend Section 4130 of the Code of 1882 by adding in the last line of said section, after the word places and before the word all, in said line, the following words, to-wit: When from any reason the business pending in such Justices' or Notaries Public Courts cannot be disposed of in one day, that it shall be lawful for said courts to continue to hold from day to day until the business is disposed of. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same , That from and after the passage of this Act, section 4130 of the Code of 1882 be amended by adding in the last line of said section after the word places and before the word all, the following words, to-wit: When from any reason the business pending in such courts cannot be disposed of in one day, that it shall be lawful for said courts to continue to hold from day to day until the business is disposed of, so that said section, when so amended, shall read as follows: Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, in this State shall have jurisdiction in all civil cases arising ex contracta , and in cases of injuries or damages to personal property, when the principal sum does not exceed one hundred dollars, and they shall hold their respective courts monthly at fixed times and places; and when from any reason the business in such courts cannot be disposed of in one day, that it shall be lawful for courts to hold from day to day or to such time as may be agreed upon by the parties, with the consent of the court, until the business is disposed of. All continuances shall be from term to term. Amending Sec. 4130. When term of Justice's Courts may be prolonged. 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 October 8, 1885.

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SERVICE ON LESSEES OF RAILROADS IN CERTAIN CASES. No. 312. An Act to repeal an Act entitled an Act to facilitate service on Railroad Companies in certain cases, approved February 23, 1876, and codified in section 3369 (a) of the Code of 1882, and to prescribe the method of serving lessees of railroads. 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, codified in section 3369 (a) of the Code of 1882, which provides that lessees of railroad companies shall be served by addressing certain notices therein named to the president of the leasing company, and also by serving a copy of the writ or summons on the depot agent of said lessees, be, and the same is hereby repealed. Sec. 3369 (a) repeated Sec. II. Be it further enacted , That when any person or corporation is sued as lessee of a railroad service of writ, subp[UNK]na, summons or other process by delivering a copy thereof to the depot agent or other officer of such lessee in the county where suit is pending, or by leaving a copy at the place of transacting the usual and ordinary public business of such lessee in said county shall be deemed sufficient service. Service on lessees of railroads. 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 9, 1885. SETTING ASIDE YEAR'S SUPPORT. No. 316. An Act to alter and amend section 2573 of the Code of the State of Georgia of 1882 as to the manner of setting aside a year's support. 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 2573 of the Code of Georgia of 1882which reads as follows, to-wit: It shall be the duty of the appraisers to make a schedule of the property set apart by them, and return the same under their hands and seals to the Ordinary within three months from the date of their action, to which return objection may be filed by any person interested at any time within six months after the filing of the same in office, and if no objections are made, or if

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made are disallowed, the Ordinary shall record the return so made in a book to be kept for this purpose; if an appeal be taken, pending the appeal the family shall be furnished with necessaries by representative of the estatebe so amended and altered as to read as follows, viz: Amending Sec. 2573. It shall be the duty of the appraisers to make a schedule of the property, or statement of the amount of money set apart by them, and return the same under their hands and seals to the Ordinary within thirty days from the date of their appointment; upon filing said return, the Ordinary shall issue citation and publish notice as required in the appointment of permanent administrators, citing all persons concerned to show cause why said application for twelve months' support should not be granted, and if no objection is made after the publication of said notice for four weeks, or if made is disallowed, the Ordinary shall record the return so made in a book to be kept for this purpose; if an appeal be taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate. Return of appraisers, notice and record in cases of year's support. 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 October 9, 1885. HABEAS CORPUS IN EXTRADITION CASES. No. 321. An Act to amend Section 4011 of the Code of Georgia by depriving the Ordinaries of this State of jurisdiction to issue or determine writs of habeas corpus in extradition cases. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4011 of the Code of Georgia, which provides how writs of habeas corpus shall be verified and to whom they shall be presented, be, and the same is hereby amended by adding at the end of said section the words, nor in cases of parties held for extradition under warrant of the Governor of the State, so that said section, when amended, shall read as follows: Such petition must be verified by the oath of the applicant, or some other person in his behalf, and may be presented to the Ordinary of the county where the alleged illegal detention exists, or to the Judge of the Superior Court of the circuit, who may order the party restrained from his liberty to be brought before him from any county in his circuit; Provided , that the Ordinaries of this State shall have no right to grant or determine writs of habeas corpus in cases of parties charged with capital felonies, nor in cases of parties held for extradition under warrant of the Governor of the State. Amending Sec. 4011. Ordinary deprived of jurisdiction in extradition cases. Sec. II. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved October 9, 1885.

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TRUSTEES TO FILL VACANCIES FOR CHURCHES AND RELIGIOUS SOCIETIES. No. 339. An Act to add a proviso to Section 2345 of the Code in relation to the appointment of trustees to fill vacancies in certain cases, and for other purposes. Section I. Be it enacted by the authority of the General Assembly of this State, and it is hereby enacted by the authority aforesaid , That the following proviso be added to the section aforesaid, to-wit: Amending Sec. 2345. Provided , the failure to so have recorded the certificate of appointment aforesaid shall not operate to disqualify or render incompetent to act in any proceeding any trustee duly appointed by the form of government or discipline practiced by the church or society having the power to appoint trustees, so that the section shall read as follows: Every church or religious society shall be, and is hereby authorized and empowered to fill up all vacancies which may happen in the said trusts by death, removal, expulsion or otherwise; and when any vacancy shall be filled up, the same shall be certified under the hand or hands of the person or persons presiding in the said society, and according to the form of government or discipline practiced by said church or society, which certificate shall express the name of the person appointed to fill the vacancy and the name of the person in whose place he shall be appointed; and the said certificate being recorded in the office of the Clerk of the Superior Court of the county in which the land lies, the person so appointed to fill such vacancy shall be as fully vested with such trust as if a party to and named in the original deed; Provided , the failure so to have recorded the certificate of appointment aforesaid shall not operate to disqualify or render incompetent to act in any proceeding any trustee duly appointed by the form of government or discipline practiced by the church or society having the power to appoint trustees. Failure to record certificate of appointment. 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 October 12, 1885.

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PUNISHMENT FOR ESCAPE OF MISDEMEANOR CONVICTS. No. 342. An Act to amend Section 4483 (a) of the present Code of Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That section 4483 (a) of the present Code of Georgia, beginning in the seventh line after the word punished, be amended by adding the following words, to wit: As prescribed in section 4310 of this Code, so that said section when amended will read as follows: Amending Sec. 4483 (a) If any person or persons shall be convicted of any offense below the grade of felony, and such person or persons shall escape from the chain-gang or from any other place of confinement or imprisonment for the violation of any municipal, county or State laws, and be thereafter retaken, such person or persons shall be indicted as for a misdemeanor, and on conviction thereof be punished as prescribed in section 4310 of this Code. Penalty for escapes in misdemeanor cases. Sec. II. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1885. TITLE IN SALES OF CERTAIN PRODUCTS. No. 352. An Act to amend Section 1593 of the Code of 1882 by inserting after the word rice and before the words, or other products, the words, crude turpentine, spirits turpentine, rosin, pitch, tar, and by adding a proviso thereto, and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted , That section 1593 of the Code be amended by inserting after the word rice and before the words, or other products, the words crude turpentine, spirits turpentine, rosin, pitch, tar, and also by adding a proviso thereto, so that said section 1593, as amended, shall read as follows: Cotton, corn, rice, crude turpentine, spirits turpentine, rosin, pitch, tar, or other products sold by planters and commission merchants on cash sale, shall not be considered as the property of the buyer or the ownership given up until the same shall be fully paid for, although it may have been delivered into the possession of the buyer; Provided , that in cases where the whole or any part of the property has been delivered into the possession of the buyer, the right of the seller to collect the purchase

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money shall not be affected by its subsequent loss or destruction. Amending Sec. 1593. Title in sales of certain products passes, when. Buyer's risk. 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 October 13, 1885. JURISDICTION OF PETITIONS FOR REQUIRING BONDS OF ASSIGNEES. No. 381. An Act to amend Section 1953 (a) of the Code by striking from said section the word assignees in the third line of said section and inserting in lieu thereof the word assignors. 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 word assignees in the third line of section 1953 (a) of the Code be, and the same is hereby stricken from said section, and the word assignors inserted in lieu thereof, so that said section, when amended, shall read as follows: All assignees under voluntary deeds of assignment shall, upon application in writing to the Judge of the Superior Court of the county of the assignor's residence, of one-fourth in number and one-third in amount of the creditors of the assignor, or any one creditor, upon showing cause therefor, be required to execute, within ten days, a bond payable to the Ordinary of the county and his successors in office, in a sum to be fixed by the Judge, conditioned to well and truly execute and perform the duties of the trust, which bonds shall be liable to be sued on by any creditor, and a recovery had to the amount of the breach thereof. Amending Sec. 1953 (a) Jurisdiction in county of assignor's residence. 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 October 13, 1885.

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BOND BY PLAINTIFF IN CASES OF GARNISHMENT. No. 389. An Act to amend Section 3533 of the Code of 1882, with reference to the manner in which garnishments may be obtained, by adding to said section the following: The property or money sought to be garnisheed was not subject to process of garnishment. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 3533 of the Code of 1882 shall be amended by adding thereto the following words after the word due in the last line: The property or money sought to be garnisheed was not subject to process of garnishment, so that said section, when amended, shall read as follows: The plaintiff, his agent or attorney at law, shall make affidavit before some officer authorized to issue an attachment by this Code, stating the amount claimed to be due in such action, or on such judgment, and that he has reason to apprehend the loss of the same or some part thereof unless process of garnishment do issue, and shall give bond with good security, in a sum at least equal to double the amount sworn to be due, payable to the defendant in the suit on judgment, as the case may be, conditioned to pay said defendant all costs and damages that he may sustain in consequence of suing out said garnishment, in the event that the plaintiff fails to recover in the suit, or it should appear that the amount sworn to be due on such judgment was not due, or that the property or money sought to be garnisheed was not subject to process of garnishment. Amending Sec. 3533. Bond must cover finding the property or money sought to be garnisheed not subject. 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 October 15, 1885. DISPOSITION OF PROCEEDS OF SALE IN CASES OF PARTITION. No. 398. An Act to amend Section 4004 of the Revised Code of 1882, which relates to the sale of land by commissioners under proceedings for partition, so as to authorize a disposition of the proceeds of sale at the first term in certain cases. 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 four thousand and four of the Revised Code be, and the same is hereby amended as follows: By striking out the word next in the fourth line of said section and inserting the word same in lieu thereof,

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and by adding after the word sale in said fourth line, and before the word at in said line, the words, if then in session, and if at the time of said sale the court shall have adjourned, then to the next term thereof, so that said section, when amended, shall read as follows, to-wit: After the sale of any lands and tenements, as provided for in the preceding section, the commissioners conducting the sale shall return their proceedings to the same term of the court ordering such sale, if then in session: and if at the time of the said sale the court shall have adjourned, then to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants ratably in proportion to their respective interests after deducting the expenses of the proceedings. Such commissioners shall be liable to rule by the Superior Court as Sheriffs are liable for all moneys which they have or may receive for the lands sold by them, and which they are required by law to return to the court for distribution; and in case they fail to pay the money into court, in obedience to a rule against them, they shall be attached as for a contempt instanter and imprisoned without bail or mainprize until such payment is made, as Sheriffs are liable for money collected by them and not paid over in obedience to a rule. Amending Sec 4004. Proceeds of sale may be disposed of at first term Sec. II. Be it further enacted by 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 October 15, 1885. APPORTIONMENT OF ROAD WORKING. No. 399. An Act to amend Section 621 of the Code of 1882 by striking therefrom the word shall in the fourth line of said section and inserting in place thereof the words, may in their discretion, and adding after the word Commissioners. the last word in the last line of said section, the words, Provided , that said hands so accepting said apportionment shall be amenable and subject to the direction and control of said Road Commissioners, and subject to the same fines or imprisonment in common with the other hands as though they had not accepted such apportionment. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 621 of the Code of 1882 of this State, which reads, that when a person liable to road duty makes an application to the Road Commissioners for a proportion of the road for himself and hands to work on and keep in repair, they shall parcel off to each applicant some equal and just portion of said road, to be increased or diminished according

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to the number of hands, and to be adjudged of by the Commissioners, be, and the same is hereby amended by striking therefrom the word shall in the fourth line of said section and inserting instead thereof the words, may in their discretion, and adding after the word Commissioners, the last word in the last line of said section, the words, Provided , that said hands so accepting said apportionment shall be amenable and subject to the direction and control of said Road Commissioners, and subject to the same fines or imprisonment in common with the other hands as though they had not accepted such apportionment, which section, when so amended, will read as follows, to-wit: When a person liable to road duty makes an application to the Road Commissioners for a proportion of the road for himself and hands to work on and keep in repair, they may, in their discretion, parcel off to such applicant some equal and just portion of said road, to be increased or diminished according to the number of hands, and to be judged of by the Commissioners, Provided , that said hands accepting such apportionment shall be amenable and subject to the direction and control of said Road Commissioners, and subject to the same fines or imprisonment, in common with the other road hands, the same as though they had not accepted such apportionment of road. Amending Sec. 621. Discretion of road Comm'rs. Penalty for failure of duty. 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 October 15, 1885. SERVICE IN BILLS OF EQUITY. No. 404. An Act to amend Section 4185 of the Code of Georgia of 1882, which relates to the service of bills in equity on defendants, by adding after the words four months in the twelfth line of said section the following words, to-wit: which order to perfect service may be granted by the Judge in vacation. Section. I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 4185 of the Code of Georgia of 1882, which relates to service of bills in equity on defendants, be, and the same is herebyamended by adding in the twelfth line of said section, after the words four months, the following words, to-wit: Which order to perfect service may be granted by the Judge in vacation, so that said section, when amended, shall read as follows: It shall be the duty of the Clerk to annex to each bill a subp[UNK]na directed to the defendant, and requiring his appearance at the term of court to which the bill is returnable,

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and also to make out and hand to the Sheriff, or his deputy, a copy of the bill and subp[UNK]na, to be served on the defendant in like manner as petitions at common law. Service on defendants residing in another county may be made by the Sheriff of such county, or any person who, after examination of the original and copy, will file an affidavit, subject to be traversed as to the fact of service. If the defendant does not reside in the State, service of the bill or any order of court may be made by publication in any public gazette of this State, under the direction of the court, twice a month for two months, which order to perfect service may be granted by the Judge in vacation. If the non-resident defendant is represented in court by an attorney at law or in fact, service on such attorney shall be sufficient; and in all cases not embraced in the foregoing provisions the Judge may prescribe for extraordinary service according to the exigency of each case. Amending Sec. 4185. Orders to perfect service may be granted in vacation 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 October 15, 1885. CONVEYANCES TO SECURE DEBTS. No. 417. An Act to amend Section 1969 of the Code of Georgia. Section I. Be it enacted by the General Assembly , That section 1969 of the Code of Georgia be amended by striking out these words in said section: Provided , that the consent of the wife has been first obtained, so that said section, when thus amended, shall read as follows: Whenever any person in this State conveys any real property by deed to secure any debt to any person loaning or advancing said vendor any money or to secure any other debt, and shall take a bond for titles, back to said vendor upon the payment of such debt or debts, or shall in like manner convey any personal property by bill of sale and take an obligation binding the person to whom said property was conveyed, to re-convey said property upon the payment of said debt or debts, such conveyance of real or personal property shall pass the title of said property to the vendee till the debt or debts which said conveyance was made to secure shall be fully paid, and shall be held by the courts of this State to be an absolute conveyance, with the right reserved by the vendor to have said property re-conveyed to him upon the payment of the debt or debts intended to be secured agreeable to the terms of the contract, and not a mortgage. Amending Sec. 1969. Consent of wife not necessary. 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 October 16, 1885.

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INCORPORATION OF SCHOOLS, CHURCHES, ETC. No. 418. An Act to amend Section 1676 (a) of the Code of 1882 relating to the mode of incorporation of schools, churches, etc. Section I. Be it enacted by the General Assembly of the State of Georgia , That the word five occurring within the second line of section 1676 (a) of the Code of Georgia of 1882, be stricken therefrom, and the words one or more be substituted in lieu thereof, and in the ninth line from the top, between the words such and persons, the words person or be inserted, so that the section when amended will read: The Superior Court, upon the petition of one or more discreet and proper persons, showing that a school, academy, college or church has been, or is about to be, established in the county where such court is sitting, and asking for corporate authority to enforce good order, receive donations, make purchases, and effect all alienations of realty and personalty, not for the purpose of trade and profit, but for promoting the general design of such institution, and to look after the general interest of such establishment, may grant such person or persons and their legal successors such corporate powers as may be suitable and not inconsistent with the laws of this State, nor violative of private rights, the charter so granted to remain of force twenty years, unless sooner revoked by law; and upon petition by the corporators, or their legal successors in charge of any such institution, however and whenever incorporated, the Superior Court of the county where the same is located shall have power to amend the charter thereof in anyway prayed for; Provided , the same is not contrary to the laws of this State nor violative of private rights. The costs of recording such proceedings on the minutes shall be paid by the petitioners, and a certified copy of the same, under the seal of the court, shall be sufficient evidence in any case of the corporate powers and privileges so granted. Amending Sec. 1676. Petition for incorporation may be one or more persons. 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 October 16, 1885.

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KEEPING GAMING HOUSES. No. 420. An Act to amend Section 4538 of the Code of Georgia of 1882, in reference to gaming houses and gaming rooms, by striking out in the sixth line of said section the words, any other game played with cards, and substituting in lieu thereof the words, any other game or device for the hazarding of money or other thing of value. 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 4538 of the Code of 1882 be, and the same is hereby amended by striking out in the sixth line of said section the words, any other game played with cards, and substituting in lieu thereof the following words, to-wit: any other game or device for the hazarding of money or other thing of value, so that said section when amended will read as follows: If any person shall by himself, servant or agent keep, have, use or maintain a gaming house or room, or shall in any house, place or room occupied by him permit persons, with his knowledge, to come together and play for money or any other valuable thing at any game of faro, loo, brag, bluff or any other game or divice for the hazarding of money or other thing of value, or shall knowingly rent or let any house or room with the view or expectation of the same being used for such purpose, such person so offending shall on conviction be punished as prescribed in section 4310 of the Code. Amending Sec. 4538. Keeping gaming house defined. 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 October 16, 1885. LICENSE TO SELL SPIRITUOUS LIQUORS. No. 422. An Act to change the manner of granting license for the sale of spirituous liquors, as contained in Section 1419 of the Code of this State, as amended by the Act approved December 22, 1884, and for other purposes. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, section 1419 of the Code shall be amended by inserting the following words after the words refused such application: before any license shall be granted, the applicant

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shall present to the Ordinary the written consent of ten of the nearest bona fide residents, five of whom shall be freeholders owning land, irrespective of county lines, nearest to the place of business where such spirituous liquors are to be sold; Provided , that this Act shall not apply to incorporated towns or cities, so that said section, when amended, shall read as follows: Persons, before obtaining license to retail spirituous liquors, or sell the same in any quantity less than one gallon, must apply to the Ordinary of the county, or to the County Commissioners of the county, where such courts exist, in which they desire to retail or sell in any quantity less than one gallon, who have power to grant or refuse such application. Before any license shall be granted the applicant shall present to the Ordinary the written consent of ten of the nearest bona fide residents, five of whom shall be freeholders owning land, irrespective of county lines, nearest to the place of business where such spirituous liquors are to be sold; Provided , that this Act shall not apply to incorporated towns or cities. When such application is granted and entered on the minutes, the applicant shall execute a bond, with sufficient security, in the sum of five hundred dollars, payable to such Ordinary, conditioned to keep an orderly house and to abide faithfully by the oath to be taken by him, which bond shall be taken and approved by the Ordinary, filed in his office, and recorded in a book kept for that purpose. Any person aggrieved may bring suit on such bond. Licenses granted in any other way are void. They shall also, at the same time, before said Ordinary, take and subscribe the following oath: I swear that I will not, during the next twelve months, sell, barter, give or furnish spirituous or intoxicating liquors, in any quantity, to any minor, either white or colored, without the consent of his or her parents or guardian, and that I will not allow others to do so for me with my knowledge or consent. So help me God. Amending Sec 1419. Consent of ten nearest residents be had. Not to apply to incorporated towns or cities. 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 October 16, 1885.

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DISCHARGE OF HARMLESS LUNATICS. No. 430. An Act to amend an Act entitled an Act for the relief of the State Lunatic Asylum, approved February 28, 1874, so as to amend the first section of said Act, which section is designated in the Code of 1882 as number 3344 (a). so as to strike from said section, after the word remand, in the third line, the following: To the care of friends and relatives any lunatic, and add in lieu thereof the following words: To the county authorities, whose duty it is made by law to provide for the paupers of the county from which he or she was sent. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section first of an Act entitled an Act for the relief of the State Lunatic Asylum, approved February 28, 1874, which is designated in the Code of 1882 as number 1344 (a), be, and the same is hereby amended by striking from said section the following words, to-wit: To the care of friends and relatives any lunatic, and add in lieu thereof the following: To the county authorities, whose duty it is made by law to provide for the paupers of the county from which he or she was sent, so that when said section is amended as provided by this Act it will read as follows: The Board of Trustees of the Lunatic Asylum shall have power, upon certifying thereunto of the medical officer of the institution, to discharge or remand to the county authorities, whose duty it is made by law to provide for the paupers of the county from which he or she was sent, a patient in said asylum, whose condition is such that no probability exists of his or her restoration to full reason and sanity, by medical ministrations thereto, and who at the same time is regarded harmless and inoffensive in spirit, and whose remission to social life would reasonably involve no danger to the life of those with whom he or she would be associated. Amending Sec 3344 (a) Homeless lunatics, remanded to whose custody. 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 October 17, 1885.

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COMPOSITION OF STATE MILITIA. No. 443. An Act to amend Section 1104 of the Code of 1882 by striking therefrom the words, or belonging to some volunteer organization, and inserting between the words duty and and in the third line the words, including the volunteer organization, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1104 of the Code of 1882 be, and the same is hereby amended by striking from said section the words, or belonging to some volunteer organization, and inserting between the words duty and and in the third line the words, including the volunteer organization, so that said section when so amended, shall read as follows: The militia of the State consists of all persons not heretofore classified within its limits subject to military duty, including the volunteer organization, and not exempted therefrom by the Acts of Congress or the laws of this State. Sec. 1104 amended. Volunteer organization. Sec. II. Be it further enacted , That all laws and parts of laws conflicting herewith be, and the same are hereby repealed. Approved October 17, 1885. DIPLOMAS BY MEDICAL COLLEGES. No. 445. An Act to amend Section 4562 (a) of the Code of 1882 by striking out certain words, lines and parts therefrom, and to repeal so much of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, all of said section after the word college in the twelfth line of the same be stricken out and repealed, so that said section when amended shall read as follows, to-wit: It shall be unlawful for the faculty or officers of any medical college in the State of Georgia to grant or issue a diploma to any student of medicine or other person unless said student or other person shall have attended two or more full courses of study in some regularly chartered medical college in good standing, and shall have submitted to and passed a creditable examination by the faculty or professors of said college upon all the branches usually taught in medical colleges; and if the faculty or officers of any medical college in this

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State shall violate any of the provisions of this section, he or they shall be subject to a fine of five thousand dollars, said fine to be collected out of the property of any or all of said faculty or officers of said college. The fine, when collected, shall be paid into the State treasury to be used for educational purposes only. Sec. 4562 (a) amended. How diplomas may be granted. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Judges of the Superior Courts, in counties of this State where medical colleges are located, to give this Act in charge to Grand Juries, whose duty it shall be to see that the same be enforced. Judges shall give in charge to grand juries. Sec. III. Be it further enacted , That nothing in the first section of this Act shall be so construed as to make it unlawful for any medical college in this State to graduate a student who has taken two courses of lectures, though he may have been absent at times, so that he was not absent more than one fourth of the term or course. Absence of students. 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 October 19, 1885. MODE OF OBTAINING TALES JURORS. No. 453. An Act to amend Section 3937 of the Code of 1882; to provide an additional mode of obtaining tales jurors when from any cause there are not a sufficient number of those drawn present to complete the panel of either grand or traverse jurors. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That section 3937 of the Code of 1883, which provides the manner for selecting tales jurors to fill up the panel of either grand or traverse jurors when from any cause there are not a sufficient number present of those drawn to complete the panel, be, and the same is hereby amended by adding after the word may in the fourth line ol said section the words, in his discretion draw the tales jurors from the jury boxes of the county, and order the Sheriff to summon the jurors so drawn or, so that said section when amended shall read as follows, to-wit: When from challenge or from any other cause there are not a sufficient number of persons in attendance to complete the panel of grand jurors, or either panel of petit jurors, the court may in his discretion draw the tales jurors from the jury boxes of the county and order the Sheriff to summon the jurors so drawn, or the Sheriff or his deputy to summon persons qualified, as required by this Code, sufficient to complete the panel, and when the Sheriff or his deputy is disqualified to summon talesmen as aforesaid, they may be summoned by the Coroner, or such other person as the court may appoint. Amending Code, Sec. 3937. Tales jurors may be drawn from jury box.

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Sec. II. Be it enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 19, 1885. DENTISTS AND PRACTICE OF DENTISTRY. No. 465. An Act to alter and amend Sections 1410 and 1412 of the Code of Georgia which relate to dentists and the practice of dentistry. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, section 1410 of the Code of said State be, and the same is hereby amended by striking out of said section the following words, beginning in the third line, to-wit: has graduated and received a diploma from the faculty of a dental college chartered under the authority of some one of the United States or foreign governments or, so that said section when amended shall read as follows: It shall be unlawful for any person to engage in the practice of dentistry in the State of Georgia unless said person shall obtain a license from a board of dentists duly authorized and appointed under the provisions of this chapter to issue license. Sec. 1410 amended. Dentists, License of. Sec. II. Be it further enacted by the authority aforesaid , That section 1412 of said Code of said State be, and the same is hereby amended by striking out of said section, beginning in the sixth line, the following words, to-wit: `Thirdly, to grant a license to any applicant who shall furnish satisfactory evidence of having graduated and received a diploma from any incorporated dental college without feecharge or examination; by striking out the words fourthly and other in the ninth line of said section and inserting in lieu of said word fourthly the word thirdly , and by striking out the word fifthly in the tenth line of said section and inserting in lieu thereof the word fourthly , so that said section when amended shall read as follows: Sec. 1412 amended. It shall be the duty of this board, first, to meet annually at the time of meeting of the Georgia Dental Society, or oftener, at the call of any three members of said board. Thirty days' notice must be given of the annual meeting. Secondly, to prescribe a course of reading for those who study dentistry under private instructions; thirdly, to grant license to all applicants who undergo a satisfactory examination; fourthly, to keep a book in which shall be registered the names of all persons licensed to practice dentistry in the State of Georgia. Board of Examiners, duty of. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 9, 1885.

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TITLE V. COUNTY OFFICERS. Disposition of moneys in hands of officers of Road Commissioners. Duties of Tax Collectors. Sheriffs empowered to execute process from Justices' Courts. DISPOSITION OF MONEYS IN HANDS OF OFFICERS OF ROAD COMMISSIONERS. No. 341. An Act to provide for the disposition of all moneys in the hands of Superintendents of Roads and Treasurers of Boards of Road Commissioners in the State at the time of the passage of an Act, approved December 13, 1884, entitled an Act to repeal an Act entitled an Act to provide for 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, approved September 28, 1883; to provide a penalty for said Superintendents of Roads and Treasurers of Boards of Road Commissioners failing to pay over the said moneys as herein directed, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That it shall by the duty of all Treasurers of Boards of Commissioners of Roads and Superintendents of Roads in this State to pay over to the County Treasurer of their respective counties all moneys which they have collected and not paid out by order of said board, and upon failure so to do shall be deemed guilty of embezzlement, and upon conviction shall be sentenced to the penitentiary for a term not less than one nor more than ten years. Money in hands of Sup'ts of Roads and Treasurers of Road Com'rs to be paid to Co. Treas. Penalty for failures.

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Sec. II. Be it further enacted , That it shall be the duty of the County Treasurer to demand of the Treasurers of Boards of Commissioners of Roads and Superintendents of Roads all moneys due by them, and upon failure to pay over the same to the Treasurer, the Ordinary, who, for the purpose of collecting said moneys, shall be deemed successors to the Road Commissioners mentioned in said bonds, to bring suit upon their bonds against the principal and his securities in his name, and when collected the same, less expense of collection, shall be paid to the County Treasurer. County Treasurer to make demand. Duty of Ordinary. Sec. III. Be it enacted , That the Ordinary shall draw his order upon the County Treasurer, to be paid out of this fund, any amount that may be due the Treasurer of the Boards of Commissioners of Roads or Superintendent of Roads for salaries; Provided , nothing shall be paid when said moneys are collected by suit. Amount due officers, how paid. Sec. IV. Be it further enacted , That the Ordinary shall ascertain from what road district the fund was collected, and shall apportion the same to said districts according to the amount collected therefrom, and shall notify the Road Commissioners of said districts of the amount to which their respective districts are entitled, which Road Commissioners are empowered to contract for work upon the roads of their districts to the extent of the moneys allowed to their districts, and which amount shall be expended upon the roads thereof; and when contracts for the work upon the roads are completed and received by the Road Commissioners, the Ordinary shall draw his order upon said fund in favor of the party entitled thereto. Apportionment of fund. Work on roads to extent of funds. How paid for. Sec. V. Be it further enacted , That the County Treasurer shall be entitled to two and one-half per cent. for paying out this fund. Commis'ns of Co. Treasurer. 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 October 12, 1885. DUTIES OF TAX COLLECTORS. No. 434. An Act to further prescribe the duties of the Tax Collectors of the several counties of this State, and to fix a penalty for the violation 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, it shall be the duty of the several Tax Collectors of this State to keep a stub-book of tax receipts, and to enter on the receipt and the stub attached thereto the name of each tax-payer in their respective counties, the amount of taxes assessed against him, and to itemize the same, stating the amount due the State, county, poll tax, or any other professional or special tax. Must keep stub-book of tax receipts.

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Sec. II. Be it further enacted , That it shall be the duty of said officers to keep an execution docket, and on the twentieth day of December in each year to issue executions against each delinquent or defaulting tax-payer in their respective counties, unless further time is allowed as now provided by law, and to enter the names of such delinquent or defaulting tax-payers on said docket, together with an itemized statement of the taxes covered by such execution. An execution docket When execution shall be issued. Entries to be made on the docket. Sec. III. Be it further enacted , That when such executions have been issued, it shall be the duty of the officer issuing the same to clip from the stub the unsigned receipt of such tax-payer, and to attach the same to the execution issued, and to place said execution in the hands of some officer authorized by law to collect the same, and shall make an entry on his execution docket of the name of said officer and the date of delivery. Receipt to be attached to execution. Entry on execution docket. Sec. IV. Be it further enacted , That it shall be the duty of the officer into whose hand said execution is placed to proceed at once to collect the same, and when said execution is paid by the defendant in execution, voluntarily or by levy and sale, it shall be the duty of said officer to detach from the execution the tax receipt and enter thereon the amount collected, including all costs and commissions, and also to make a similar entry on said execution, the receipt to be delivered by the officer to the defendant in execution, and the execution to be returned to the Tax Collector with the amount of tax collected, who shall at once copy the entry of the officer on his execution docket and file said execution in his office. Duty of collecting officer. Execution to be returned. Entry on docket. Sec. V. Be it further enacted , That it shall be the duty of the several Tax Collectors of this State to submit their respective execution dockets and cash books to the Grand Jury of the spring term of the Superior Court of their respective counties, whose duty it shall be to thoroughly inspect the same and report thereon by general or special presentment. Execution dockets and cash books to be submitted to grand juries. Sec. VI. Be it further enacted , That for a violation of any of the provisions of this Act, said Tax Collector so violating shall forfeit all or such part of his commissions as the Grand Jury of the county shall recommend, and if he fails to pay over such penalty imposed, it shall be enforced against such Tax Collector and his securities by the Comptroller-General, as now provided by law against defaulting Tax Collectors, with twenty per cent. penalty of the amount added thereto. Penalties. 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 October 17, 1885.

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SHERIFFS EMPOWERED TO EXECUTE PROCESS FROM JUSTICES' COURTS. No. 439. An Act to confer upon the Sheriffs and their deputies of the several counties in this State authority to serve or execute all processes heretofore issued, or that may be hereafter issued, from Justices' Courts, or from the Courts of Notaries Public who are ex officio Justices of the Peace, 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 be lawful for the Sheriffs, or their deputies, of the several counties in this State to serve or execute all summons, executions, or other processes heretofore issued, or that may be hereafter issued from the Justices' Courts, or from the Courts of Notaries Public who are ex officio Justices of the Peace, in this State, as fully and in like manner as such processes may now be served or executed by constables, and for such services the Sheriffs, or their deputies, shall receive the same fees as are now allowed constables for like services; Provided , nevertheless, that while it shall be legal for the Sheriff, or his deputy aforesaid, to serve the said Justice Court processes, he shall not be entitled to charge the defendant, or losing party, any greater fees than those now allowed by law to constables for like service; but if the plaintiff, or partywishing any process, mesne or final, served and executed will pay to the Sheriff, or his deputy, in advance, the difference in the fees now allowed to constables for such services and that allowed Sheriffs for like serving of papers issuing from the Superior Courts, the said Sheriff shall, in such instance, be bound to serve such process. Sheriffs may execute Justice Court process. Fees. 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 October 17, 1885.

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TITLE VI. EDUCATIONPUBLIC. Establishing a Technological School. Industrial Education in Public Schools. ESTABLISHING A TECHNOLOGICAL SCHOOL. No. 351. An Act to establish a Technological School as a branch of the State University; to appropriate money for the same, and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That there shall be established in connection with the State University, and forming one of the departments thereof, a Technological School for the education and training of students in the industrial and mechanical arts. Said school shall be located, equipped and conducted as hereinafter provided. To be department of the State University. Purpose of. Sec. II. Be it further enacted by the authority aforesaid , That the Governor shall appoint five fit and discreet persons, residents of this State, to be known as the Commission on the School of Technology, who shall serve without pay, except that their actual expenses, while away from their several places of residence attending to the duties of such Commission, may be allowed as hereinafter provided; and they may select from their number a chairman and secretary, prescribe rules and regulations for their government, may accept the resignation of any member and fill all vacancies. A majority shall constitute a quorum for the transaction of business. Commission on the School of Technology: Compensation. Officers and powers. Sec. III. Be it further enacted by the authority aforesaid , That it shall be the duty of said Commission as soon as practicable after the passage of this Act, to procure the grounds and buildings necessary for the establishment of the Technological School herein provided for. It shall be located within or near to the corporate limits of that city or town in the State which shall offer the best inducements for such location, in the opinion of said Commission. In making the

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selection of a location for said school, the Commission shall give preference to such place as shall be easy of access to all the people of the State, having due regard to the appropriateness, eligibility and healthfulness of the surroundings, as well as to any offer or donation of value that may be made to secure the said school, and any inducements offered by any non-sectarian educational institution of this State. The selection once made shall be final. Duty of Commission. Location of school. Sec. IV. Be it further enacted by the authority aforesaid , That the said Commission, so soon as they have selected the location and procured the necessary grounds, shall proceed to have erected on such grounds suitable buildings for said school, or in case they secure grounds upon which there are buildings already erected, shall proceed to remodel the same, erecting any additional buildings that may be necessary and to procure and place therein the necessary machinery, power, fixtures, tools, equipment, appliances and apparatus required to carry into effect the intention of this Act. Erection of buildings Machinery, power, etc. Sec. V. Be it further enacted by the authority aforesaid , That a course of practical training in the use and manufacture of tools and machines for wood and iron working shall be provided for all the students in said school, and the curriculum or course of training shall include, as near as practicable, consistent with the appropriation hereinafter made, the branches now taught and followed in the Free Institute of Industrial Science at Worcester, Massachusetts. No student shall be permitted to remain in the institution unless satisfactory progress shall be made by him, in the opinion of the faculty. Course of training. Progress by students. Sec. VI. Be it further enacted by the authority aforesaid , That the said school, when so established, shall be a part of the University of Georgia, and under the control and management of its Board of Trustees. Said board shall have authority, from time to time, to add such special features to the course and to open such other departments of training and instruction therein as they shall deem that the progress and advancement of the times require. They shall also have authority to ordian and establish such rules and by-laws for the regulation of the school and the teaching, training and governing of the students, not inconsistent with this Act, as in their opinion may be proper to secure the success of said school. Control of the school. Additions to the course. Rules of the school. Sec. VII. Be it further enacted by the authority aforesaid , That the officers of said school shall be a President, a Superintendent of the Manual Department, a Secretary and Treasurer of the Faculty, and such other professors, teachers and instructors as may be necessary, in the opinion of the Board of Trustees, to carry on the school in accordance with the intention of this Act. The Chancellor of the University of Georgia shall have the general supervision of said school. The officers aforesaid shall be selected and their salaries fixed either directly by the Board of Trustees, or through the local Board of Trustees hereinafter provided for. Officers of the school. Selection and salary. Sec. VIII. Be it further enacted by the authority aforesaid , That in the erection of the buildings herein provided for, and the selection and placing of the machinery, tools and appliances therein, said Commission

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may procure the services of a suitable person, who shall have been a student in good standing of a similar school, to aid them in said work, at a salary to be fixed by them, and the person so selected shall by virtue of said employment become the Superintendent of the Manual Department of said school for one year after said school shall have been opened, after which the place shall be filled by the Trustees of the University of Georgia, or in such manner as they may direct. Trained as istant for commission. Qualifications. Salary. Duties. Sec. IX. Be it further enacted by the authority aforesaid , That when the necessary buildings shall have been erected or completed and the machinery, tools and appliances placed therein as required by this Act, and said school shall be ready for the reception of students, said Commission shall notify the Board of Trustees of the University of Georgia and shall turn the said school over to their control and management. School to be turned over by Commission. Sec. X. Be it further enacted by the authority aforesaid , That there shall be one beneficiary for each Representative in the General Assembly from every county in this State, selected by the Board of Education in each county, on competitive examination, and who shall be first entitled to the benefits of said school; that the tuition in said school shall be free to all students who are residents of the State of Georgia. The rates of tuition to others than residents of the State shall not exceed one hundred and fifty dollars per annum. Beneficiaries. How chosen. Free tuition. Sec. XI. Be it further enacted by the authority aforesaid , That the five persons named in the second section of this Act shall become, as soon as said school is turned over by them to the Board of Trustees of the University of Georgia, a local Board of Trustees for said Technological School, with perpetual succession, as hereinbefore provided, and they shall always be charged with the immediate control, supervision and management of said school, subject to the general Board of Trustees, of which body they shall be ex-officio members. Local Board of Trustees. Powers and duties. Sec. XII. Be it further enacted by the authority aforesaid , That the sum of sixty-five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the establishment of said school, and to carry this Act into effect, the Governor is authorized to draw his warrant on the Treasurer of the State in favor of said Commission for such parts of said sum as may be applied for in writing from time to time as said work progresses; Provided , this sum shall only be available after the first day of January, 1887, and shall then be paid only out of any funds in the Treasury not otherwise appropriated; Provided , further, that this sum is appropriated with the understanding that it shall pay all the cost of grounds, buildings, machinery, tools and appliances necessary for the establishment of said school and its operations for one year, and should the said Commission find the same insufficient for this purpose, they shall, before any purchases are made, report that fact to the Governor, and in that event no warrant shall issue for any part of the sum appropriated. Appropriation. When available. How paid. What it must cover. Report to Governor.

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Sec. XIII. Be it further enacted by the authority aforesaid , That all property purchased under the authority of this Act shall be free from liens or encumbrances, and title to the same, as well as to any donations that said Commission may receive, shall be taken in the name of the Trustees of the University of Georgia in their corporate capacity, and said property shall become the property of the State of Georgia, and the same shall not be alienated by any one, nor shall any valid lien be created thereon, neither in the erection of any building thereon, nor by the act of any person, nor by operation of law. Property purchased under this Act free from encumbrances. Title, how taken. Property how used. Sec. XIV. Be it further enacted by the authority aforesaid , That when any one of said Commission shall have incurred any necessary expense while away from his place of residence, in the performance of his duty under this Act, then, on verification of the same by his affidavit, the Governor may endorse the same correct, and order it paid out of the fund herein appropriated. Any indebtedness for plans and specifications must likewise be endorsed by the Governor before payment of the same is made. Payment of expenses of commission. Payment for plans and specifications. Sec. XV. Be it further enacted by the authority aforesaid , That when said Commission shall have performed their duties under this Act, and shall turn over said property to the Trustees of the University of Georgia as herein provided, said Commission shall submit to said board a full and final statement describing the property purchased, the amount of money expended therefor with proper vouchers, and said Board of Trustees, after a verification of the same, shall transmit to the Governor said report, with any suggestions therewith they may deem proper to make, and the Governor shall transmit to the General Assembly a summary of the same. Final statement by Commission. What to contain. To whom submitted. 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 October 13, 1885. INDUSTRIAL EDUCATION IN PUBLIC SCHOOLS. No. 423. An Act to authorize and empower the Board of Education, or other proper authorities in certain counties and municipal corporations in their discretion, to annex to the Public Schools a Department of Industrial Education, 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, it shall be lawful for the Board of Education, or other constituted authorities having charge of the public schools in those counties or municipal corporations having a system of public schools, supported by local taxation, not restricted

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to the education of children in the elementary branches of English education only, to open and annex to said public schools, in their discretion, a Department of Industrial Education, in which all the students who attend may be taught the use of tools for working in wood and metal, under such rules and regulations as may be prescribed by said board or other constituted authority. It shall be lawful to procure the necessary equipment and hire and pay teachers with the funds so arising from taxation in the county or municipal corporation aforesaid, and the said board, or other constituted authority, shall determine the number of such schools, the place where located, and the terms or sessions of the same, together with the ages at which children may attend the same. Department of Industrial Education. Where located. What to be taught. Procuring equipment and pay of teachers. Number of schools, etc., how determined 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 October 16, 1885.

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TITLE VII. MILITARY. Organization, government and discipline of Volunteer Troops of the State. Roster of Georgia Troops in Confederate Army. ORGANIZATION, GOVERNMENT AND DISCIPLINE OF THE VOLUNTEER TROOPS OF THE STATE. No. 355. An Act to amend an Act to provide for the better organization, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia consisting of Articles 2 and 3 of Chapter 2, Title 12, Part 1, and comprising all those Sections numbered from 1075 to 1103, both included, in the Revised Code of 1873, relating to the Volunteer Troops of the State, and for other purposes connected therewith, approved October 16, 1879, and now embraced in the Code of 1882, comprising all those Sections in said Code numbered from 1103 (a) to 1103 (rr) both inclusive. Section I. Be it enacted by the General Assembly , That the first section of said Act, Code section 1103 (a), is hereby stricken out, and in lieu thereof the following is inserted, so that said section 1 shall read as follows: Code, Sec. 1103 (a) repealed. The volunteer forces of this State shall be the active militia of this State, shall consist of infantry, cavalry and artillery, of which the white commands shall be known and designated as the Georgia Volunteers, and the colored commands as the Georgia Volunteers, colored. The Georgia Volunteers shall consist of not exceeding fifty companies of infantry, seven companies of cavalry, and three companies of artillery, and the Georgia Volunteers, colored, of not more than twenty companies of infantry, one of cavalry, one of artilery. The Governor, as Commander-in-chief, shall, as soon as possible in his discretion, proceed to organize the volunteer forces aforesaid by designating what commands now existing shall form part of the same, and shall disband all commands in this State

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not made a part of said force by general orders, and call in the guns, arms and equipments of same belonging to the State; Provided, however , that any command which existed prior to the 16th day of October, 1880, which may elect to maintain itself, if not made part of said force and shall otherwise conform to the laws of this State in this regard, shall remain in tact in addition to said volunteer forces hereby organized, but shall be under the same regulations as said volunteer forces as independent commands, respectively. Constitution of volunteer forces. Name. Number of companies. When to be organized. Duty of Governor. Old commands, how retained. Sec. II. Be it further enacted , That section 8 of said Act, Code section 1103 (h), is hereby amended as follows by adding at the end thereof these words: As to the white commands and as Georgia Volunteers, colored, as the colored commands, so that said section as amended shall read as follows: Companies already organized will retain any special name or designation they may have adopted or may have by charter, if incorporated, and any company hereafter organized may adopt any special name or designation it may select, and under that name will be received and commissioned, but every company attached to a battalion must be designated in the battalion by a letter of the alphabet in a manner now in use in the army of the United States. Battalions already organized under special names, whether under charter, special Act or otherwise, may retain these designations, but they must also be numbered in their respective arms according to the date of their organization; and every battalion hereinafter organized, whether it adopt any special designation or not, must also be numbered in regular order as organized. Battalions of colored troops, or persons of African descent, must be numbered in a separate series, describing them as such, and all volunteer troops of this State, of all arms and colors, shall be styled as Georgia Volunteers, as to the white commands, and as Georgia Volunteers, colored, as to the colored commands. Code, Sec. 1103 (h) amended. Special names. Designation in battalions Special names of battalions. Must be numbered in regular order. Numbers of battalions of colored troops. General name of all troops. Sec. III. Be it further enacted , That section (10) ten of said Act, Code section 1103 (j), is hereby amended by striking out the whole of said section, and by the insertion of these words in lieu thereof, so that said section shall read as follows: The Governor is Commander-in-chief of the volunteer forces of this State, to wit, the Georgia volunteers and the Georgia Volunteers colored. The staff of the Governor shall consist of the following officers to be appointed by him, who shall be commissioned as officers of the Georgia Volunteers holding office at the pleasure of the Commander-in-chief or until their successors are appointed and qualified, to-wit: One Adjutant and Inspector General, with the rank of Colonel of cavalry, who shall be the keeper of public property, and shall receive no additional salary than already prescribed for him; one Judge Advocate-General, with rank of Colonel of cavalry; one Quartermaster-General, with the rank of Colonel of cavalry, and not less than four Aides-de-camp, with the rank of Lieutenant Colonel of cavalry, and in his discretion as many more as he may deem proper. The Adjutant-General shall be chief of staff to the Governor; he shall keep and preserve the arms, accountrements, and other military stores of the

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State, and shall keep a roster of the officers of said volunteer forces, and shall keep on file in his office all reports made to him; it shall be his duty, unless the Governor for cause should designate some other officer, to visit and inspect the commands of said volunteer forces under the instructions of the Commander-in-chief, and to perform such other duties as may pertain to his office, or as may be required of him by the Governor; he shall make annual report to the Governor of the condition of said volunteer forces, and the Governor is required to lay the same before the Legislature; shall give his whole time and attention to said office. It shall be the duty of the Judge Advocate General to supervise and care for the management of all things relating to the administration of justice among the volunteer forces of this State; he shall diligently scrutinize and examine the proceedings of all courts martial, and report thereon for the information of the Commander-in-chief; he shall also in like manner report in all disputed elections for an office, which is filled by election, under the provisions of this Act. Under the orders of the Commander-in-chief, the Judge Advocate-General shall act as Judge Advocate of any court-martial, where the public interest may require his attendance. He is chief of his department, and shall perform such other duties as may be required of him by the Commander-in-chief. The Quartermaster General and Aides-de-camp shall perform such duties as pertain to their respective offices as may be directed by the Commander-in chief. Code, Sec. 1103 (j) amended. Commander-in-chief. His staff. Duties of Adjutant-General. Reports by him. Duties of Judge Advocate General. Of Quarter-master General and Aids-de-Camp. Sec. IV. Be it further enacted , That section 14 of said Act, Code section 1103 (n), is hereby amended by striking out the words in the first part thereof, namely, members of, and by inserting in lieu thereof these words: commissioned officers of, so that said section 14 as amended shall read as follows: Field officers of a battalion shall be elected by the commissioned officers of the companies of which it is composed. If the election be for a battalion commander, it shall be ordered by the Governor; if for a junior officer it shall be ordered by the battalion commander. In either case, if a field officer already in commission in the same battalion be promoted, the vacancy thus created may be filled at the same election without further order. Such elections may be superintended by any two or more officers of volunteers of the same or any other battalion not themselves candidates, or any two or more Justices of the Peace or freeholders of the county in which the election is to take place, or by one or or more Justices of the Peace with one or more freeholders. The polls shall be kept open not less than two hours nor more than one day. The order for the election shall be promulgated in the same manner as other orders, at least ten days before the election is held, and shall specify the time and place of the election, and between what hours the polls are to be open. In the case of a battalion composed of companies in different counties, there shall be a poll in each county where there may be one company or more, and the election shall be conducted at each on the same day and in manner above described. Code, Sec. 1103 (n) amended. Election of field officers of battalion.

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Sec. V. Be it further enacted , That section 20 of said Act, Code section 1103 (s), latter part, is hereby stricken out, and in lieu thereof the following is inserted, so that said section 20 shall read as follows: Subject to the foregoing provisions, there shall be adopted a service uniform for the volunteer forces of this State to be prescribed by the Governor in general regulations hereinafter provided for. Code, Sec. 1103 (s) amended. Service uniform. Sec. VI. Be it further enacted , That section 21 of said Act, Code section 1103 (t), is hereby amended by striking out the following words: to companies not yet armed by the State in such manner as in his judgment shall most conduce to the public interest, and by inserting in lieu thereof these words, to the said volunteer forces as in his judgment may be to their best advantage, so that said section as amended shall read as follows: The arms and accoutrements of the volunteer troops of this State shall be such, in each arm, as are furnished by the Governor out of those supplied to him by the Government of the United States; and it shall be the duty of the Governor hereafter to distribute the arms obtained from the Government of the United States to the said volunteer forces as in his judgment may be to their best advantage, and all the companies of each battalion must be armed and accoutred alike; but any company of either arm, to which the Governor may be unable to furnish arms and accoutrements, may find its own, subject to the rules that all the companies of the same battalion shall be armed and accoutred alike, and that all such arms be such as are used in the army of the United States; and no company shall be received, recognized or commissioned unless the Governor be prepared to furnish it with arms and accoutrements,or it be already furnished at its own expense, subject to the foregoing rules. All arms and accoutrements furnished by the Governor shall be accounted for in the returns hereinafter provided for. But nothing herein contained shall be construed to prevent any company or battalion from having and using accoutrements, in time of peace, different from those supplied by the Governor at its own expense; Provided , that all companies in the same battalion be accoutred alike. Code, Sec. 1103 (t) amended. Arms and accoutrements. Distribution. Uniform arms. Companies must be armed. Arms to be accounted for. Peace accoutrements. Sec. VII. Be it further enacted , That section 22 of said Act, Code section 1103 (u), is hereby amended by striking out wherever they occur in said section the words not more and by inserting in lieu thereof the words not less, and by adding at the end thereof these words: The Governor may furnish from the source aforesaid furthur supplies of ammunition to said volunteer forces, if in his judgment he deems it best, so that said section when amended shall read as follows: The Governor shall furnish annually the commander of each battalion and unattached company the following supplies of fixed ammunition to the volunteers armed according to the provisions of the foregoing section out of the supplies of ammunition received from the Government of the United States, viz.: To each company of infantry not less than ten round of ball and six round of blank cartridges, of which not less than five round of ball cartridge shall be always on hand for the service of the State; to each

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company of cavalry, armed with pistols or carbines, not less than twenty round of ball cartridge, of which not less than ten round of ball cartridge shall be always on hand for the service of the State; to each battery of artillery not less than ten round of shot or shell per gun, and six round of blank cartridge, of which not less than five round of shot or shell per gun shall be always on hand for the service of the State, and there shall be added for the artillery the proper proportion of friction primers. All ammunition issued shall be accounted for in the returns hereinafter required. The Governor may furnish from the source aforesaid further supplies of ammunition to said volunteer forces if in his judgment he deems it best. Code, Sec. 1103 (u) amended. Supplies of ammunition. Must be accounted for. Sec. VIII. Be it further enacted , That section 25 of said Act, Code section 1103 (x), is hereby amended by striking out therefrom the words Adjutant-General, and by inserting in lieu thereof the words Adjutant and Inspector-General, so that said section as amended shall read as follows: Every company of volunteers shall parade at least four times in every year, and every battalion at least once every year, the times to be appointed by the rules adopted by such company or battalion, or in the absence of such rules by its commanding officer. The Governor may order such other parades, not exceeding one in any year, of any company or battalion, as he may think proper, for inspection or review by the Adjutant and Inspector General, or such officer of volunteers as he may designate for that duty. Code, Sec. 1103 (x) amended. Parades and inspection. Sec. IX. Be it further enacted , That section 27 of said Act, Code section 1103 (z) which reads as follows: In case of any invasion, rebellion, insurrection or probable prospect thereof, the Governor shall have authority to order into the service of the State such portion of the volunteers as in his judgment the occasion shall require, and to detail or appoint to command them the ranking officer so ordered, or any other officer of superior rank, and such other officers for their payment and supply as he may find necessary, is hereby amended by striking out the word volunteers, and by inserting in lieu thereof the words volunteer forces, and by adding after the end thereof the words hereinafter set out, so that said section as amended shall read as follows: In case of any invasion, rebellion, insurrection or probable prospect thereof, the Governor shall have authority to order into the service of the State such portion of the volunteer forces as in his judgment the occasion shall require, and to detail or appoint to command them the ranking officer so ordered, or any other officer of superior rank and such other officers for their payment and supply as he may find necessary. Whenever any Judge of the Superior Court, City Court Judge, Sheriff or Mayor of any incorporated city, town or village in this State shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, or combination to oppose the enforcement of the laws by force or violence, within the jurisdiction in which such officer is by law a conservator of the peace, which cannot be speedily

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suppressed or effectually prevented by the ordinary posse comitatus and peace officers, it shall forth with become the duty of such Judge, Sheriff or Mayor to report the facts and circumstances, in writing, to the Governor, and request him to order out such portion of the volunteer forces of this State as may be necessary to enfore the laws and preserve the peace; and it thereupon shall be the duty of the Governor, if he deem such apprehension well founded, to order out, or direct to be held in readiness, such portion of the volunteer forces of the State as he may deem advisable for the proper enforcement of the law, and he may direct the officer in command of the troops to report to the officer making such application, or any one or more of them, and to obey the orders of such civil officer, or if the Governor deem it advisable may specially instruct the officer in command of such troops as to the duties required of them, and direct their execution under the immediate control of the Governor. Whenever any riot, outbreak, tumult, mob or rout shall occur or be imminent under such circumstances, that timely application can not be made to the Governor, and action had thereon by him, the Mayor of any city, town or village in which any of said volunteer forces are located, if he ascertains or has good reason to believe that the ordinary posse comitatus or civil power of the county, city, town or village where such violation of the laws and peace of this State occurs or appears imminent, are or would be unable to promptly suppress or prevent the same, may, without first making application to the Governor, direct the commander of each company, or part of a company of said volunteer forces, in the county or said city, town or village where such lawlessness exists or is threatened, to call out and report with his command to such civil officer, to enforce the laws and preserve the peace, and it shall be the duty of such commander and all persons composing such command to obey such order. Before using any military force in the dispersion of any riot, rout, tumult, mob or other lawless or unlawful assembly or combination mentioned in this Act, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace, or if none be present, then of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assemblage or mob to disperse and retire peaceably to their respective abodes and businesses; Provided , that in no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous or unlawful assembly, nor shall any such command be necessary where the officer or person in order to give it would necessarily be put in imminent danger of loss of life, or great bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetration of any forcible or atrocious felony, or in assaulting or attacking any civil officer or person lawfully called to aid him in the preservation of the peace, or is otherwise engaged in actual violence to persons or property. Code, Sec. 1103 (z) amended. Proceeding in case of invasion, etc. Call for troops. Duty of Governor. Call in case of emergency. Duty of commander. Of civil officers. Command to disperse. Proviso.

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Any person or persons composing or taking part in any riot, rout, tumult, mob or lawless combination or assembly mentioned in this Act, who, after being duly commanded to disperse, as hereinbefore provided, willfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than two years. Penalties for riot, etc. Any person or persons composing or taking part, or about to take part, in any riot, mob, rout, tumult or unlawful combination or assembly mentioned in this Act, shall have been duly commanded to disperse, or where the circumstances are such that no such command is requisite. under the provisions of this Act, the civil officer to whom such military force is ordered to report, or, if there be no civil officer present, then such military officer (or if such command is acting under the direct order of the Governor, then such officer within the limits provided in his instructions) shall take such steps and make such disposition for the arrest, dispersing or quelling of the persons composing or taking part in any such mob, riot, tumult, outbreak, or unlawful combination or assembly mentioned in this Act, as may be deemed requisite to that end, and if, in doing so, any person is killed, wounded, or otherwise injured, or any property injured or destroyed by the civil officer, or officer or member of the said volunteer forces, or other person lawfully aiding them, such civil officer, military officer, or member of the said volunteer forces, or person lawfully aiding them, shall be held guiltless in all cases, unless it be made to appear that such killing, wounding or injury to persons, or injury or destruction to property, was wanton or malicious, without seeming necessity or excuse therefor. Killing of rioter or injury to property. Any person or persons who unlawfully assaults, or fires or throws any missile at, against, or upon any member or body of the said volunteer forces, or civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 4310 of the Code of Georgia. Assaulting troops. Penalty. If any portion of the said volunteer forces, or other persons lawfully aiding them in the performance of any duty under the provisions of this Act, are assaulted, attacked, or in imminent danger thereof, the commanding officer of such troops need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command. Resisting attack. Whenever any shot is fired, or missile thrown at or against, or upon any body of said volunteer forces, or upon any officer or member thereof assembling or assembled for the performance of any duty under the provisions of this Act, it shall forthwith be the duty of every person in the assemblage from which the shot is fired, or missile thrown, to immediately disperse and retire therefrom

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without awaiting any order to do so; and any person knowing or having reason to believe that a shot has been fired or missile thrown, as aforesaid, from any assemblage of which such person forms a part, or with which he is present, and failing immediately, without lawful excuse, to retire from such assemblage, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail for not less than one month nor more than one year; and any person so remaining in such assemblage after being duly commanded to disperse shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than two years. Duty of citizens when shot is fired, etc. Penalty. Whenever any rout, riot or mob has occurred, or is progressing, or so imminent that any portion of the said volunteer forces is or has been called out for the performance of any duty under the provisions of this Act, it shall be lawful for the civil officer under whose orders the volunteer forces are acting, or the commanding officer of such volunteer forces, if it be deemed advisable in subduing or preventing such mob or riot, or the outbreak thereof, to prohibit all persons from occupying or passing on any street, road or place, in the vicinity of the rout, mob or riot, or the place where the same is threatened, or where the said volunteer forces may be for the time being, and otherwise to regulate passage and occupancy of such streets and places; any person, after being duly informed of such prohibition or regulations, who willfully and intentionally, without any lawful excuse, attempts to go or remain on such street, road or place, and fails to depart after being warned to do so, is guilty of a misdemeanor, and on conviction thereof shall be fined not less than one nor more than one thousand dollars, and may also be imprisoned in the county jail for not less than thirty nor more than one hundred days; and in such case it shall be the duty of the officer commanding troops forthwith to arrest persons thus offending and turn them over to some civil magistrate. Passage and occupancy of streets in case of riot. Penalties. The commanding officer of any body of said volunteer forces guarding any jail, public building or other place, or escorting any prisoner, may, if he deem it advisable, prescribe a reasonable distance in the vicinity of such jail, public building or other place or escort of such prisoner, within which persons shall not come; and any person knowingly and willfully, without lawful excuse, coming within said limits, without the permission of such officer, and refusing to depart after being ordered to do so, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not less than thirty nor more than three hundred days; and any person so coming and remaining in said limits in the night-time shall be guilty of a felony and punished by imprisonment in the penitentiary for not less than one nor more than two years; and in either case it shall be the duty of the officer commanding such troops forthwith to arrest persons thus offending and turn them over to some civil magistrate. Protection of prisoners. Penalties.

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Whenever any troops are ordered out by a civil magistrate under the provisions of this Act, without first obtaining an order from the Governor, it shall be the duty of the civil magistrate and also of the commander of such troops to report the facts as soon as practicable to the Governor, and in all cases the Governor may direct such troops to perform their duties under his immediate orders. Report to Governor. Any civil officer, military officer or member of the said volunteer forces, or any person lawfully aiding them in the performance of any duty required under the provisions of this Act, if indicted or sued for any injury to person or property in endeavoring to perform such duties, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county free from exception, other than that in which the indictment was found or injury done. Any officer whose command is called out under the provisions of this Act, and reporting to any civil magistrate, may require such magistrate to make such order in writing, and prescribe therein the outline of the duties required of him and his command, and may decline to obey such orders until put in writing, and while such commanding officer must obey all lawful commands of such magistrate, such military officer may use his discretion as to the manner of carrying out such orders so long as he complies with their spirit. Change of venue where officers or troops are indicted. Written orders. Discretion of commanding officer. Sec. X. Be it further enacted , That section 33 of said Act, Code 1103 (f f), is hereby amended by adding thereto the following words, to-wit: There shall be a regimental board of officers to each regiment, and a battalion board of officers to each battalion, to consist of all the commissioned officers of the regiment or battalion, which shall have power to pass laws for their own government and that of the regiment or battalion, to establish fines and penalties for violation of such laws, and to establish penalties for the non attendance of the various non commissioned officers and privates at any drill of the regiment or battalion, so that said section as amended shall read as follows: The rules of any company or battalion may provide for the organization of courts-martial within such company or battalion for the trial and punishment of its own members of offenses against its own rules, subject to the restrictions hereinbefore set forth, and the sentence of such courts within the scope of their power shall be respected. There shall be a regimental board of officers to each regiment, and a battalion board of officers to each battalion, to consist of all the commissioned officers of the regiment or battalion, which shall have power to pass laws for their own government and that of the battalion, to establish fines and penalties for violation of such laws, and to establish penalties for non-attendance of the various non-commissioned officers and privates at any drill of the regiment or battalion. Code Sec. 1103 (ff) amended. Regimental and battalion board of officers. Powers. Sec. XI. Be it further enacted , That section 39 of said Act, Code section 1103 (ii.), is hereby amended by adding thereto these words: The members of said volunteer forces shall in all cases, except treason,

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felony or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments and the election of officers, and during their performance of any public duty as such members, and in going to and returning from the same, so that said section as amended shall read as follows: No part of the uniform or equipment of any volunteer officer or soldier shall be subject to levy and sale for debt, except for fines or other dues to his company or battalion, according to its rules, and such as may be imposed on him by sentence of a court-martial. The members of said volunteer forces shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments and the election of officers, and during the performance of any public duty as such members, and in going to and returning from the same. Code Sec. 1103 (ii) amended. Privilege from arrest. Exemption from levy and sale. Sec. XII. Be it further enacted , That section 40 of said Act, Code section 1103 (mm), is hereby stricken out, and in lieu thereof the following is enacted so that said section shall read as follows: Every officer, non commissioned officer, musician or private of said volunteer forces on active list shall be exempt from road duty and street tax during the time of his service as such in the said volunteer forces, and every such person who shall, after the passage of this Act, have served ten years continuously in any one company or battalion of said forces in any capacity, as an active member thereof, uniformed and equipped, shall be thenceforth exempt from said road duty and street tax so long as he shall remain upon the rolls of said company or battalion upon the exempt or other lists. Each company of said volunteer forces shall have the privilege of bearing upon its rolls of pay members a class of special pay members, not exceeding fifteen (15) in number, to be called `special pay members,' who, upon paying a sum of money, as prescribed by said company, not less than twenty-five ($25.00) dollars per annum each to said company, shall be exempt from jury and road duty, and street tax so long as such membership is continued. Certificates of membership shall be prepared and shall be signed by the company commanders, attested by the first sergeant of said company, and delivered to all of the members of said company, whether active or pay members; and certificates shall also be prepared and furnished by the battalion or regimental commanders, attested by the Adjutant of said regiment or battalion, and delivered to the members of the staffs of such commands, and to commanding officers of the companies, and to the musicians, and such certificates, when produced in any court of this State, shall be evidence of the right of the holder thereof to exemptions herein granted. Company commanders shall furnish, upon the first day of May of each and every year, a certified roll of such members of their respective commands as are exempt under this section to the Clerk of the Superior Court of the county, and to the Clerk of the city and town councils where such companies' headquarters may be, and regimental or battalion commanders shall furnish similar certificates to the Clerks of the Superior Courts of

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the counties wherein the staff, commanding officers of the companies and musicians may reside respectively, and such certified list or returns of said company commanders and said regimental or battalion commanders shall by said Clerk of the Superior Court be turned over to the proper Jury Commissioners for information. When from any cause any member of said volunteer forces, or any special pay member exempted as aforesaid, shall have ceased to be entitled to such exemption, his said certificate of membership shall be at once recalled and destroyed, and immediate notice shall at once be given by the proper commanding officer of the regiment, battalion or company, as the case may be, to the Clerk of the Superior Court of the county of the residence of such member who may have ceased to be entitled to exemption, and thereafter such certificate of membership shall, in any court of this State, cease to be good as evidence of the fact contained therein. It shall be the imperative duty of said commanding officers to withdraw or cancel said certificates of membership whenever the holder thereof, on the active list, is absent from three (3) successive drills or parades without good and sufficient excuse. Code Sec. 1103 (mm) amended. Exemption from road duty and street tax. Special pay members. Exempt from jury and road duty and street tax. Certificates of membership. Certified roll of members. Recall of certificates of membership. Sec. XIII. Be it further enacted , That section 41 of said Act, Code section 1103 (nn), is hereby stricken out, and in lieu thereof the following is enacted, so that said section shall read as follows: The system of discipline, drill, instruction and field exercises ordered to be observed by and in the army of the United States shall be observed by said volunteer forces. Code Sec. 1103 (nn) repealed. System of discipline, etc. Sec. XIV. Be it further enacted , That section 44 of said Act, Code section 1103 (qq), is hereby amended by adding these words: All moneys appropriated from time to time by the General Assembly for the support, maintenance or equipment of the said volunteer forces shall pass into and become a part of the said separate or special fund in the Treasury of the State, called the `Military Fund,' to be paid out on the Governor's warrant according to law, so that said section as amended shall read as follows: All moneys collected for fines and forfeitures imposed under the provisions of this article by courts-martial ordered by the Governor, or by the Superior Court of any county, or for damages for the breach of any bond given for arms and accoutrements, under section 1103 (v), shall be paid into the Treasury of the State, and there constitute and be kept as a separate fund, called the `Military Fund,' and shall not be paid out for or applied to any other purpose whatever than those specified in this article, and then only upon the Governor's warrant. All moneys appropriated from time to time by the General Assembly for the support, maintenance or equipment of the said volunteer forces shall pass into and become a part of the said separate special fund in the Treasury of the State, called the `Military Fund,' to be paid out on the Governor's warrant according to law. Code Sec. 1103 (qq) amended. Disposition of money appropriated for troops. Sec. XV. Be it further enacted as an amendment to said Act , That each armory owned and occupied by any command of said volunteer forces shall be, and is hereby declared to be, to all intents and purposes,

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public property; that is to say, the State shall have the right to use the same for public purposes of a military character, to quarter troops therein in times of emergency, to be judged of by the Commander-in-chief, and to otherwise use the same for military purposes, such use, however, to be consistent with the occupation of the same by said command holding the legal title thereto, and so as not to oust the said command therefrom, and as such public property, each said armory, and the land upon which it is situated while it is used and occupied as such, shall be exempt from any taxation, State, county or municipal. The Adjutant and Inspector-General will see that all such armories are kept in serviceable condition, and will report on the same to the Commander-in-chief in his annual report. All rents or income of any portions of such armories shall be, of course, the property of the command owning the same; Provided , that the State shall not appropriate any money for the repair of such buildings, but all repairs and other expenses incident to preserving and repairing such buildings shall be paid by the command owning the same. Armories to be public property. May be used, how. Exempt from taxation. How to be kept. Report thereon. Rents and income. Repairs and expenses. Sec. XVI. Be it further enacted as an amendment to said Act , That the United States forces or troops, or any portion of said volunteer forces, parading or performing any duty according to law, shall have the right-of-way in any street or highway through which they may pass; Provided , the carriage of the United States mails, the legitimate functions of the police, and the progress and operation of fire engines and fire departments shall not be interfered with thereby. Right of way for troops. Sec. XVII. Be it further enacted as an amendment to said Act , That it shall not be lawful for any body of men whatever, other than the said volunteer forces of this State, and the troops of the United States and bodies of police, to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town in this State, without the license of the Governor thereof, which license may at any time be revoked; Provided , that the students in educational institutions where military science is part of the course of instructions may, with the consent of the Governor, drill and parade with arms in public under the superintendence of their instructors; and provided further , that nothing herein contained shall be construed so as to prevent benevolent, secret or social organizations from wearing swords and parading with side arms: whoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms, shall be punished by a fine not exceeding ten dollars, or by imprisonment in the common jail for a term not exceeding six months, or both, in the discretion of the court. Permission to drill for troops other than volunteer forces, etc. Military Students. Benevolent other organizations. Penalties. Sec. XVIII. Be it further enacted as an amendment to said Act , That no military company of said volunteer forces shall leave the State with arms and equipments without the consent of the Commander-in-chief, and any company so offending in this particular shall be disbanded by the Commander-in-chief. Troops may leave the State, when

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Sec. XIX. Be it further enacted as an amendment to said Act , That regulations shall be prescribed by the Commander-in chief from time to time, in general orders, concerning the keeping of arms, equipments and military property in charge of any command of said volunteer forces; concerning the armories of the several commands of said volunteer forces; requiring that the property of the State in possession of each of said commands shall be insured against loss or damage by fire; requiring target practice by each of the said commands once a year, and the record thereof (furnishing all details thereof) to be promptly forwarded thereafter to the Adjutant and Inspector General; transmitting to the several commands all matters of general interest of a military nature, and otherwise forwarding and maintaining proper drill and discipline throughout the said volunteer forces. Rules for keeping property, armories, etc. Insurance, etc. Sec. XX. Be it further enacted as an amendment to said Act , That in case of war, riot, or insurrection, or imminent danger thereof, or in any other event when it may be necessary to call into active service both the Georgia Volunteers and the Georgia Volunteers, colored, the companies or battalions thereof shall be under the command of the senior officer of said Georgia Volunteers then present. Command in case of war, riot, etc. Sec. XXI. Be it further enacted as an amendment to said Act , That it shall be the duty of the Governor to take immediate steps to gather in and collect together all of the arms, equipments and military property of the State which may have been issued heretofore to commands now disbanded and no longer in actual existence, and to this end to bring such suits as may be necessary upon the bonds given to secure the State for the issuance of such arms, equipments or military property. Collection of arms, etc. Suits for. Sec. XXII. Be it further enacted , That there shall be established in this State a military board to be called the Advisory Board, and within thirty days after the approval of this Act, and every two years thereafter, it shall be the duty of the Governor to designate four (4) field officers and four (4) captains of companies, without regard to rank, as members of said board, who, together with the Quartermaster General, one of the Governor's aides, to be designated by him, and the Adjutant and Inspector-General, shall constitute said Advisory Board, of which board the said Adjutant and Inspector-General shall be the President, and a Secretary shall be selected by said board from its own members. The apportionment of the organizations hereafter to be raised and organized, if any, (after the Governor shall have designated the commands now existing under the first section of this Act), throughout the different counties, cities and towns of this State, shall be determined by such Advisory Board, which apportionment shall be so made, considering the wants and necessities of the different portions of the State, that the commands of said volunteer forces shall be at convenient points of the State for service, or for distribution when needed. A majority of said board shall constitute a quorum. Said Advisory Board shall meet at the capital whenever directed by the Governor, and in the

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event of a failure to obtain a quorum at any such meeting, a majority of the members of such Advisory Board may consent in writing to any apportionment proposed by the Adjutant and Inspector-General, and such apportionment, when thus made and filed in the office of the Adjutant and Inspector-General, shall be as valid and binding in all respects as if ordered at a regular meeting of said board. No meeting of said board shall be held until five days' notice shall be first given by publication in some newspaper published at the capital. Vacancies in said board shall be filled as provided for original appointments. Commands of said volunteer forces may be disbanded, first, by a vote of a majority of the whole number of persons on the roll of said organization, approved by the commanding officer of such organization and sanctioned by the Governor; second, whenever the said Advisory Board shall report in writing to the Governor that it would be to the interest of the public service to disband such organization, and the Governor shall approve such report. No such report shall, however, be made to the Governor by said board until after ten days' notice of the time and place of the meeting of the board (called by the Governor at time and place named by him) shall first have been given to the commanding officer of such organization, and that evidence then will be heard as to the propriety of disbanding such organization. After giving such notice the board shall hear such evidence as may be adduced, and shall as speedily as practicable determine whether it will be to the interest of the service to disband such organization, and if a majority of the members of said Advisory Board vote that it would be to the interest of the service to disband such organization, it shall be so certified to the Governor under the hands and seals of the President and Secretary of said board, and the Governor, if he approve such finding, shall issue the appropriate orders for the disbanding of such organization and the safe keeping of the public property which had been entrusted to it. The Governor shall convene said Advisory Board to inquire into the propriety of disbanding any organization belonging to said volunteer forces whenever he may deem it advisable, or the Adjutant and Inspector-General shall report that such organization shall be disbanded, or charges are preferred by any commissioned officer against any such organization of inefficiency, lack of discipline, or other cause, which if true would. in the opinion of the Governor, justify the disbanding of such organization. Whenever inquiry is made as to the propriety of disbanding any company with which any member of the board is connected, or which he may command, such officer shall be disqualified as to that particular matter, and his place shall be filled for the time being by an officer selected by the remaining members of the board present at the meeting. Advisory Board. Composition of. Its officers. Powers. Quorum and meetings. Apportionment of troops. Notice of meetings. Disbanding commands. The members of said board shall have power to administer oaths to witnesses examined before it, and the board may summon and compel the attendance of witnesses; Provided , that when such board may deem it advisable, the President hereof shall file interrogatories

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to any person whose testimony is required, and appoint a suitable person as Commissioner to take the same, who shall have power to administer oaths and take and certify the depositions of such persons. The Governor may advise and consult, from time to time, in his discretion, with said Advisory Board upon all matters connected with the welfare of said volunteer forces, and for such purposes may convene the board as often as he may deem it necessary. All expenses of said board, approved by the Governor, for traveling, stationery, witness fees and expenses, or other necessary expenses, shall be borne by the State and shall be paid by Governor's warrant out of the Military Fund, and such other duties as the Governor may deem necessary that such Advisory Board shall perform shall be prescribed by him, in general orders, from time to time, whereupon said Advisory Board shall immediately obey such orders. Said Advisory Board shall report through its President to the Governor, before the next session of the General Assembly, what changes should be made in the laws relating to said volunteer forces, fully and minutely, so that a complete Military Code may be adopted. Evidence before advisory board. Governor may advise consult with. Expenses of board. Reports of. Sec. XXIII. Be it further enacted as an amendment to said Act , That any person who shall willfully injure any arsenal or armory, or its fixtures, or any uniforms, arms or equipments, or any other property therein deposited, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of Georgia. Injuries to arsenals, armories, etc. Penalty. Sec. XXIV. Be it further enacted by the authority aforesaid , That all Acts or parts of Acts in conflict herewith are hereby repealed. Approved October 13, 1885. ROSTER OF GEORGIA TROOPS IN CONFEDERATE ARMY. No. 357. An Act to provide for a complete Roster of Georgia troops in Confederate army; to appropriate a sufficient sum for that purpose, and for other purposes. Section I. Be it enacted , That the Adjutant-General be, and he is hereby directed to make a complete roster of all persons who entered the service of the Confederate States in the late war from this State, giving name, rank, letter of company, number of regiment, and such other information as he may think would be of interest to the people. Roster provided for. What to contain. Sec. II. Be it further enacted , That one thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to carry out the provisions of this Act. Appropriation for. 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 13, 1885.

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TITLE VIII. CONVICTS. Good behavior of misdemeanor convicts. GOOD BEHAVIOR OF MISDEMEANOR CONVICTS. No. 319. An Act to encourage good behavior and diligence of persons convicted of misdemeanor, who are serving their time on chain-gang in this State. 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 all persons having charge of chain-gangs, composed of persons who have been convicted of misdemeanor and are working out their sentence, to keep a book in which shall be entered the names of the person or persons so under his charge, and at the end of each laboring day he shall record opposite the name of each their conduct during that day, and should it appear from this book that the conduct of any one has been good, and that he has been diligent in performing the work assigned to him, then such person's time of service and confinement shall be shortened four days in each and every month for the time of sentence. Book to be kept. Record of good behavior. Remission for 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 October 9, 1885.

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TITLE IX. JUDICIARY. Time of service of Grand Jurors. Exemption of articles paid for rent. Pay of jurors in inquest cases. Dower in lands partly paid for. Selection of special jurors. Injunctions from cutting or boxing timber. Police and Marshals exempted from jury duty. Briefs of evidence in motions for new trial. Commissions for Notaries Publie ex-officio Justices of the Peace. Dormant judgments and executions. Dissolution of garnishments. Practice in appeals from Justices' Courts. Disqualification of County Court Judge provided for. Practice in references to Masters or Auditors. Suits against Corporations, Mining or Joint Stock Companies. Transcripts from Justices' Courts. Concerning voluntary assignments. Practice in Supreme Courts. Telegraph linemen exempted from jury duty. Suspension of Magistrates under indictment. Service of process too late for appearance term. Compensation of County Court Bailiffs. TIME OF SERVICE OF GRAND JURORS. No. 51. An Act to amend an Act entitled an Act to regulate the service of tales jurors in the Superior Courts of this State, approved September 25, 1883, so far as the same relates to grand jurors. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, an Act approved September 25, 1883 which Act provides that no person shall be competent or compellable to serve as tales juror, either upon the grand jury or traverse jury in any term of the Superior Courts in this State more than two weeks at any one term, be, and the same is hereby amended by striking from the fourth line of the first section the

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words, either the grand jury or, so that said Act, when amended, shall read as follows: Grand jurors may be compelled to serve more than two weeks. From and after the passage of this Act, no person shall be competent or compellable to serve as a tales juror upon the 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 also , 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. 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 22, 1884. EXEMPTION OF ARTICLES PAID FOR RENT. No. 56. An Act to provide for the discharge of certain articles paid for rent from the lien of any judgment, decree or other process against the party making such payment, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same , That in all cases in this State, where landlords shall rent lands to tenants, and it is agreed that the tenant shall pay the landlord a part of the crop or crops produced on the lands so rented for the use of the same, and the tenant shall, in good faith, turn over and deliver to his landlord, in discharge of said rent, the part of the crop or crops agreed on as aforesaid, said articles so turned over and delivered shall be discharged from the lien of any judgment, decree or other process whatsoever against said tenant. Articles paid for rent exempted. 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 22, 1884.

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PAY OF JURORS IN INQUEST CASES. No. 141. An Act to allow pay to Jurors empaneled in cases of inquest. 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, jurors in cases of inquest shall receive for their services one dollar each for each day they serve as such jurors, and that it shall be the duty of the Coroner, or other person discharging the duties of Coroner, to give a certificate of the fact of such service to each juror; upon presentation of which to the proper county authority of the county in which the inquest is held, he shall give the claimant an order on the Treasurer for the same. Jurors in inquest cases to be paid. Certificate of service. 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, 1885. DOWER IN LANDS PARTLY PAID FOR. No. 304. An Act providing that dower may be assigned in lands held under deed, bond for titles, or other instrument in writing having the same effect, where a portion of the purchase money has been paid. 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, dower may be assigned in lands held under deed, bond for titles, or other instrument in writing having like effect, where a portion of the purchase money has been paid, but the estate in dower shall be liable for the unpaid purchase money where the vendee held under bond for titles, or other instrument having the same effect, or under deed where contemporaneously with the execution of the deed the vendee encumbered the land with a mortgage for the purchase money. How dower may be assigned. Liability of the estate in dower. 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 October 8, 1885.

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SELECTION OF SPECIAL JURORS. No. 320. An Act to prescribe the mode and manner of selecting the special juries required by the laws of this State. 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 special juries provided for by the laws of this State may, in the discretion of the Judge, be selected from either the grand or traverse jury, or both. How special jurors may be chosen. 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 October 9, 1885. INJUNCTIONS FROM CUTTING OR BOXING TIMBER. No. 366. An Act to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, in all applications to enjoin the cutting of timber or boxing the same for turpentine purposes, it shall not be necessary to aver or prove insolvency, or that the damage will be irreparable; Provided , the complainant has perfect title to the land upon which the timber is situated and shall attach a copy of the same as an exhibit to the bill; and provided further, that the Chancellor granting said temporary restraining order shall require the complainant to give such bond as in his discretion he may deem proper (said bond to be approved of by the Clerk of the Superior Court to which said proceedings are returnable, and to be filed in the office of the Clerk of said court) to answer the damages, if any, which may be sustained by the defendant by reason of the granting of said injunction, which bond shall be held and taken as appeal bonds; and if, on the final hearing of the cause, damages are adjudged against the complainant, judgment shall be entered against the sureties on said bond as in appeal cases. Not necessary to prove insolvency or irreparable dowage Provided complainant show perfect title. Bond to be required. 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 October 13, 1885.

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POLICE AND MARSHALS EXEMPTED FROM JURY DUTY. No. 372. An Act to exempt from jury duty the members of the police force and town Marshals of the several cities and towns of this State while so employed on such police force, 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 members of the various police forces and town Marshals of the several cities and towns in this State, while so employed on such police forces of the several cities and towns of this State shall be exempt from jury duty. Police and town marshals exempt from jury duty. Sec. II. Be it enacted by the authority aforesaid , That all laws in conflict with this act be, and the same are hereby repealed. Approved October 13, 1885. BRIEFS OF EVIDENCE IN MOTIONS FOR NEW TRIAL. No. 382. An Act to prescribe what the brief of evidence shall contain in applications for new trials in the Superior Courts of this State. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, the party applying for a new trial in the Superior Courts of this State shall file, under the revision and approval of the court, a brief of so much of the evidence only as, in the opinion of the court, may be necessary for a proper adjudication of the grounds taken in the motion; Provided , the opposite party assents to the brief as correct. What brief must contain. Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1885.

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COMMISSIONS FOR NOTARIES PUBLIC EX-OFFICIO JUSTICES OF THE PEACE. No. 388. An Act to regulate the issuing of commissions to Notaries Public who are ex officio Justices of the Peace; to provide for keeping a list of the same, and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the Governor shall not issue a commission to any Notary Public and ex-officio Justice of the Peace unless it shall appear from the order of appointment that such appointment was made at the term of the court next preceding the vacancy, or at some succeeding term after such vacancy has occurred. Commission shall not be issued unless appointment made, when Sec. II. Be it further enacted , That it shall be the duty of the Clerk of the Superior Court of each county in the State to prepare and keep in his office a correct list of all the Notaries Public who are ex-officio Justices of the Peace of the county, showing the time of the expiration of the term of office of each one, and each list or roster shall be accessible to the grand jury of the county at each term of the court. List to be kept. 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 15, 1885. DORMANT JUDGMENTS AND EXECUTIONS. No. 390. An Act to declare when judgments and executions are dormant in this State; to require that entries on executions to prevent dormancy shall be recorded on the execution docket, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That no judgment hereafter obtained in the courts of this State shall be enforced after the expiration of seven years from the time of its rendition, when no execution has been issued upon it, and the same placed upon the execution docket, as now provided by law, or when execution has been issued and seven years have expired from the time of the record upon the execution docket of the court from which the same issued of the last entry upon the execution made by an officer authorized to execute and return the same. Dormancy of judgments. Without execution. After execution issued.

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Sec. II. Be it further enacted , That in case any execution issues from any court having no execution docket, then said record shall be made upon the execution docket of the Superior Court of the county where the defendant resides. Record, When no execution docket is kept. Sec. III. Be it further enacted , That the Clerk, or the proper officer making said record, shall date such record when the same is made. Date of record. Sec. IV. Be it further enacted , That for the record of every such entry, the Clerk shall receive a fee of twenty-five cents. Fee for. 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 October 15, 1885. DISSOLUTION OF GARNISHMENTS. No. 391. An Act to amend the Garnishment Laws of this State by providing in what way garnishments may be dissolved. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, in any case now pending or hereafter brought, when garnishments have been or are issued when suit is pending or judgment has been obtained, the defendant may dissolve such garnishment upon filing in the Clerk's office of the court where suit is pending or judgment was obtained, or with the Justice of the Peace where suit is pending or judgment was obtained in such court, a bond with good security payable to the plaintiff, conditioned for the payment of the judgment that shall be rendered on said garnishment, and the plaintiff may enter up judgment upon such bond against the principal and securities as judgment may be entered against securities upon appeal. Whenever said plaintiff shall obtain the judgment of the court where said garnishment is pending against the property or funds against which garnishment was issued. How garnishments may be dissolved. Bond, how payable. How enforced. Sec. II. The garnishee shall file his answer stating what amount he was indebted to the defendant or what effects he had in his hands belonging to the defendant at the time of the service of such summons, and what he had become indebted to the defendant, or what effects had come into his hands belonging to defendant, between the time of the service of such summons and the making of his answer, and in the event the court shall decide that the fund or property in the hands of the garnishee were subject to garnishment, had the garnishment not been dissolved, then the court shall render judgment against the defendant and his securities. Answer of garnishee. Judgment. 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 October 15, 1885.

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PRACTICE IN APPEALS FROM JUSTICES' COURTS. No. 392. An Act to regulate the practice in the Superior Courts in this State in cases appealed from the Justices' Courts. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, it shall be the duty of the defendant, in cases appealed from the Justice's Court to the Superior Court, to reduce his pleas or defenses to writing before the case proceeds to trial in the last mentioned court; Provided , he relies upon any other plea or defense than the general issue, and provided also that nothing contained in this Act shall be so construed as to abridge his right to amend his pleadings as in other cases. Pleas must be in writing. If other than the general issue, May amend. 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 October 15, 1885. DISQUALIFICATION OF COUNTY COURT JUDGES PROVIDED FOR. No. 413. An Act authorizing the Judge of any County Court in this State to preside in the courts of any other County Judge in this State when said County Judge is disqualified by law for the trial of any case in his own court. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, in any county within which there is, or may hereafter be, a County Court, the Judges of said courts may preside in the courts of each other in cases where the Judge of either court is disqualified to preside. County court judges may preside for each other. 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 October 16, 1885.

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PRACTICE IN REFERENCES TO MASTERS AND AUDITORS. No. 416. An Act to define the duties of masters in chancery and auditors; to regulate the filing of exceptions to their reports, and define the duties of the Judges of the Superior Court in the premises, 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, masters in chancery and auditors at law or equity shall each report the evidence heard by him, the facts found by him, and his rulings on all questions of law, and a general summary of his findings. Exceptions filed to the report of a master in chancery, or auditor, shall plainly and distinctly state the finding or decision complained of and the error committed. It shall be the duty of the Judge of the Superior Court to carefully and attentively examine the report of the master in chancery, or auditor, and if it does not appear that error has been committed, he shall approve the report and dismiss the exceptions, and a verdict shall be taken in accordance with the findings of the master in chancery, or auditor. But if he shall find that error has been committed, he shall approve the exceptions, making that assignment, and cause the issue thus made to be submitted to a jury, in which trial only so much evidence reported by the master, or auditor, as is pertinent to the issue then on trial shall be read to the jury, with such newly discovered evidence as would authorize the grant of a new trial taken in connection with the evidence already adduced, which newly discovered evidence shall be made to appear to be such by affidavits supporting the same satisfactory to the presiding Judge, and which newly discovered evidence may be presented to the jury either orally or by deposition. If the master, or auditor, has admitted illegal testimony, or rejected competent testimony, the report shall be approved if the testimony could not or should not have effected the result, but if that testimony might have effected the result, the exceptions shall be approved, and in the trial of the issue made by it the testimony illegally rejected shall be given to the jury, and so much of the reported evidence as was illegally admitted by the master, or auditor, excluded. Evidence to be reported. And ruling on legal questions. Exceptions to reports. Duty of Superior Court Judge. Approval of report. Disapproval. Evidence before jury. Errors of Master or Auditor as to testimony. 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 October 16, 1885.

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SUITS AGAINST CORPORATIONS, MINING OR JOINT STOCK COMPANIES. No. 419. An Act to define where corporations, mining or joint stock companies may be sued, and to define how service of the suit may be effected. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, any corporation, mining or joint stock company, chartered by authority of this State, may be sued on contracts in that county in which the contract sought to be enforced was made, or is to be performed, if it has an office and transacts business there. Suits for damages, because of torts, wrong or injury done, may be brought in the county where the cause of action originated. Service of such suits may be effected by leaving a copy of the writ with the agent of the defendant, or if there be no agent in the county, then at the agency or place of business. Where suits may be brought on contracts. Where for torts. Service of suits. Sec. II. Be it further enacted by the authority aforesaid , That where such corporation or company has an agent and place of business in any county or district in which there may be a suit, attachment or judgment upon which garnishment is sought against such corporation or company, the court wherein is pending said proceedings upon which the garnishment is based shall have jurisdiction also of the garnishment proceeding, and service of summons of garnishment upon the agent in charge of the office or business of the corporation or company in the county or district at the time of service shall be sufficient service. Garnishment proceedings Service of summons. Sec. III. Be it 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 October 16, 1885.

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TRANSCRIPTS FROM JUSTICES' COURTS. No. 421. An Act to require the Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace in this State, to furnish, upon application therefor to any party at interest, a certified transcript of any judicial proceedings had in their respective courts, and to provide that the same may be used when so certified as evidence in any of the courts of this State when material, and to prescribe fees for such service. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, it shall be the duty of the several Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace in this State, to furnish, upon application therefor to any party at interest, a certified transcript of any judicial proceedings had in their respective courts, for which they are hereby authorized to charge such fees as are now allowed by law to the several Clerks of the Superior Courts for similar services. Certified transcripts to be furnished. Fees. Sec. II. Be it further enacted , That the certified transcript of judicial proceedings provided for in the first section of this Act shall and may be used as evidence in any of the courts of this State whenever the same may be material as to what was determined in said Justice Court; Provided , however, that such transcript shall not be used outside of the county where certified, until the official character of the officer giving such transcript shall have been certified to by the Ordinary of the county where the proceedings were had. As evidence. 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 October 16, 1885. CONCERNING VOLUNTARY ASSIGNMENTS. No. 429. An Act defining voluntary assignments and providing that a sworn schedule of creditors shall be filed with the deed of assignment; also providing that fraud shall avoid the deed of assignment and giving jurisdiction to courts of equity. Section I. Be it enacted by the General Assembly of Georgia , That in all cases where voluntary assignments are made by failing or insolvent debtors for the benefit of creditors, it shall be the duty of the person, firm or corporation making such assignment to prepare and attach to the deed or instrument, by which such assignment is

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made at the time of executing the same, a full and complete inventory and schedule of all indebtedness of every kind of such insolvent person, firm or corporation at the time of the execution of such instrument or deed of assignment, which inventory or schedule shall set forth in detail the names of, the amounts due to, and the residence of each of the creditors of such assignor, and which such inventory or schedule shall be sworn to by the person making the assignment; and in case of assignments by firms, the oath may be made by any member of such firm, or in cases of assignment by corporations by the chief officer of the corporation. Schedule of creditors to be attached. Sec. II. Be it further enacted , That no deed or other instrument of assignment, by insolvent persons, firms or corporations, shall be valid unless accompanied by the sworn schedule required by the first section of this Act. Or else void. Sec. III. Be it further enacted , That it shall not be lawful for any assignee, under a voluntary assignment made for the benefit of creditors, to pay out, disburse or deliver any funds or assets in his hands as such assignee to any preferred creditor named in such deed of assignment, until thirty days after the same has been filed with the Clerk of the Superior Court. Payments to preferred creditors. Sec. IV. Be it further enacted , That no creditor of a person, firm or corporation, making an assignment for the benefit of creditors, shall be required first to reduce his debts to judgment before he shall be entitled to ask the remedial aid of a court of equity. Equity may interfere before judgment. Sec. V. Be it further enacted , That in all cases of voluntary assignment for the benefit of creditors, when the same may be attacked as fraudulent, it shall not be necessary to show fraud or collusion, or notice thereof in the assignee, under such deed of assignment, to render the same void; but when fraud can be shown in the assignor, this alone shall be sufficient to authorize a court of competent jurisdiction to declare such assignment void. No assignment shall be set aside except upon a direct proceeding filed for the purpose, and no creditor of the assignor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the filing of the bill in case the deed of assignment is set aside and decreed to be void. Fraud in the assignor makes void. Only set aside on direct proceeding. Priorities. 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 October 17, 1885.

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PRACTICE IN SUPREME COURT. No. 432. An Act to regulate the practice in the Supreme Court in certain particulars. 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, no case hereafter brought to the Supreme Court shall be dismissed upon the ground that the service of the bill of exceptions was made, acknowledged or waived after such bill of exceptions shall be filed in the office of the Clerk of the Superior Court, or City Court, of the county from which error is or shall be taken; Provided , such service has been made within the time required by law. Service of bill of exceptions may be made after filing. 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 October 17, 1885. TELEGRAPH LINEMEN EXEMPTED FROM JURY DUTY. No. 438. An Act to exempt telegraph line repairers from jury duty. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, all telegraph line repairers actually engaged in repairing telegraph lines be, and they are hereby exempted from jury duty in any and all courts of this State. To avail themselves of this exemption, it shall be necessary for the parties herein named to produce to the court the certificate of the manager or superintendent of the telegraph company certifying that the party or parties seeking exemption are line repairers and actually engaged in repairing telegraph lines. Telegraph line repairers exempted. Certificate to be produced 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 October 17, 1885.

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SUSPENSION OF MAGISTRATES UNDER INDICTMENT. No. 440. An Act to prohibit any Justice of the Peace, or any Notary Public who is ex-officio Justice of the Peace, in this State, from exercising any of the duties or functions of his office after indictment or presentment by the Grand Jury for malpractice in office. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for any Justice of the Peace, or any Notary Public who is ex-officio Justice of the Peace in this State, to exercise the duties or functions of his office or perform any act therein after a bill of indictment or general presentment of a grand jury has been returned against him for malpractice in his said office until the termination of the case made by said indictment or presentment; Provided , the grand jury finding the indictment or presentment shall in their general presentments recommend such suspension from duty. Magistrates indicted for malpractice may not act. Sec. II. Any Justice of the Peace, or Notary Public who is ex-officio Justice of the Peace, who shall violate the provisions of this Act shall be punished as prescribed in section 4310 of the Code of this State. Penalty. Sec. III. All laws and parts of laws in conflict with the foregoing provisions are hereby repealed. Approved October 17, 1885. SERVICE OF PROCESS TOO LATE FOR APPEARANCE TERM. No. 442. An Act to make good the service of processes issued from the courts of this State, either at law or in equity, whenever such service is not made the length of time now required before the appearance 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 from any cause a process issued from any of the courts of this State, either at law or in equity, is served, which service is not made the length of time now required by law before the appearance term of the court from which such process issued, as set forth in the process, that such service shall be good for the next succeeding term thereafter, which succeeding term shall be the appearance term of such cause. Where service is not too late next term the appearance term.

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Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 17, 1885. COMPENSATION OF COUNTY COURT BAILIFFS. No. 447. An Act to provide for the compensation of Bailiffs of the County Courts for attendance upon the regular monthly and quarterly sessions of said Courts. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the Bailiffs of the several County Courts of this State shall be entitled to two dollars per day for each day's attendance upon the regular monthly and quarterly sessions of said County Courts, which shall be paid by the County Treasurer upon the order of the County Judge; Provided , the total amount for said services shall not exceed the sum of thirty-two dollars per annum. Pay of bailiffs. How paid. Not to exceed thirty-two dollars Per annum. Sec. II. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved October 19, 1885.

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TITLE X. SUPERIOR COURTS. ACTS. Terms of Superior Court of Harris county. Terms of Superior Court of Taylor county. Laurens county transferred to the Oconee Judicial Circuit. Terms of Berrien Superior Court. Terms of Paulding Superior Court. New Judicial Circuit. Terms of Clarke Superior Court. Calendar of Oconee Judicial Circuit. Publication of docket of Walton Superior Court. Providing for two weeks' term of Marion Superior Court. Providing for two weeks' term of Taylor Superior Court. Terms of Superior Courts of Gilmer and Fannin counties. Terms of Camden Superior Court. Terms of Carroll Superior Court. Terms of Fulton Superior Court. Terms of Echols and Colquitt Superior Courts. TERMS OF SUPERIOR COURT OF HARRIS COUNTY. No. 5. An Act to fix the time for holding the Superior Court for the county of Harris, and to provide for two weeks instead of one, as now provided by law. 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 for holding the Superior Court for the county of Harris shall begin on the second Mondays in April and October, and that each regular term of said court shall be two weeks instead of one. Second Mondays in April and October. Two weeks instead of one. Sec. II. Be it further enacted by the authority aforesaid , That the grand and traverse jurors drawn or summoned to serve at the April term, 1885, of said Superior Court shall be required to serve for and

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during the full term of said court, and it shall be the duty of the presiding Judge of said court at, from and after the aforesaid April term, 1885, of said court to draw one panel of grand jurors, who shall serve at and for both the first and second weeks (or as long as may be necessary) of the succeeding term of said court, and two panels of traverse jurors, the one to serve at and for the first week of the succeeding term of said court, and the other at and for the second week of said term, and the jurors for all succeeding terms of said court shall be drawn in the manner last aforesaid. Drawing and service of jurors. 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 6, 1884. TERMS OF SUPERIOR COURT OF TAYLOR COUNTY. No. 6. An Act to change the times of holding the terms of the Superior Court in the county of Taylor, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the times of holding the Superior Court in the county of Taylor be changed from the first Mondays in April and October to the fourth Mondays in February and August. 4th Mondays in February and August. Sec. II. Be it further enacted by the authority aforesaid , That all jurors hereafter summoned, and all processes, writs, etc., hereafter issued, and all jurors now summoned, and all processes, writs, etc., now issued but not yet returned, be summoned to and made returnable to the terms of court as fixed by this Act. Jurors, summons, processes, etc. 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, 1884.

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LAURENS COUNTY TRANSFERRED TO THE OCONEE JUDICIAL CIRCUIT. No. 62. An Act to transfer the County of Laurens from the Ocmulgee Judicial Circuit to the Oconee 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 Ocmulgee Judicial Circuit, be, and the same is hereby transferred to and made a part of the Oconee Judicial Circuit in this State. Laurens county transferred to the Oconee 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 23, 1884. TERMS OF BERRIEN SUPERIOR COURT. No. 120. An Act to change the time of holding the Superior Court for the County of Berrien, 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 time for holding the Superior Court of the county of Berrien shall be changed from the third Mondays in March and September of each year to the first Mondays of April and October of each year. To be held 1st Mondays in April and October. Sec. II. Be it further enacted , That all suits, processes, orders, summonses and other proceedings, returnable to said court prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed. Processes, summons, etc. Sec. III. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 25, 1885.

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TERMS OF PAULDING SUPERIOR COURT. No. 127. An Act to change the time of holding the Superior Court of the County of Paulding; 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 Paulding county shall be on the first Monday in January and the first Monday in July, instead of the first Monday in February and the first Monday in August, as now provided by law. To be held 1st Mondays in January and July. 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 weeks' 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 impaneled 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. Two weeks' term. Panel of jurors. Sec. III. Be it further enacted , That all writs, suits, processes, orders, summons 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. Processes, summons, 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 August 29, 1885. NEW JUDICIAL CIRCUIT. No. 165. An Act to create and organize a new Judicial Circuit of the Superior Courts of this State. Section I. Be it enacted by the General Assembly of the State of Georgia , That a new Judicial Circuit of the Superior Courts of this State, to be called the Stone Mountain Circuit, be, and the same is hereby created and organized, to be composed of the counties of DeKalb and Clayton; Provided , that said circuit shall cease to exist on the

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first day of January, 1888; and provided further , that after the first of January, 1888, the counties of DeKalb and Clayton shall be reannexed to the Atlanta Judicial Circuit. Stone Mountain Circuit created. DeKalb and Clayton. Cease Jan. 1st, 1885. Sec. II. Be it further enacted by the authority aforesaid , That a Judge and a Solicitor-General of said circuit shall be elected by the General Assembly at the present session, to hold office until the next regular election of Judges and Solicitors for half the Judicial Circuits already established, and until the time fixed by law after said election when the terms of said Judges expire. Judge and Solicitor General to be elected. Term. Sec. III. Be it further enacted by the authority aforesaid , That all bills, petitions, writs, suits, motions, precepts, mesne and final processes, summonses and other proceedings issued and returnable, or pending in the several counties in the circuits to which they belong before the passage of this Act, shall relate to and hold good in the courts of the new circuit. Processes, summons, etc., how returnable Sec. IV. Be it further enacted by the authority aforesaid , That the Judge of the circuit hereby established, when the business of said circuit does not require his attention, may aid in the disposition of the business of the Atlanta Circuit. Judge to assist judge of Atlanta Circuit. 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, 1885. TERMS OF CLARKE SUPERIOR COURT. An Act to change the time of holding the Superior Courts of the County of Clarke, 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 Clarke county shall be on the second Mondays in April and October in each year, instead of the second Mondays in May and November, as now provided by law. To be held second Mondays in May and November. Sec. II. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , 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 fixed by this Act, and the traverse and grand jurors drawn for the terms of said court, as they were prescribed prior to the passage of this Act, shall be required to attend and serve for the terms designated by this Act. Suits, processes, etc. 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, 1885.

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CALENDAR OF OCONEE JUDICIAL CIRCUIT. No. 205. An Act to prescribe the time of holding the Superior Courts of the Oconee Circuit. Section I. The General Assembly of the State of Georgia do enact , That from and after the first day of January, 1886, the times of holding the Superior Courts of the Oconee Circuit shall be as follows: Dodge county, commencing on fourth Mondays in February and August and continuing two weeks, if necessary. Dodge county. Dooly county, second and third Mondays in March and September. Dooly county. Wilcox county, fourth Monday in March and September. Wilcox county. Irwin county, Tuesday following Monday after the fourth Monday in March and September. Irwin county. Twiggs county, second Mondays in April and October. Twiggs county. Telfair county, Tuesday after the third Mondays in April and October. Telfair county. Montgomery county, the fourth Mondays in April and October. Montgomery county. Laurens county, the fourth Mondays in January and July. Laurens county. Pulaski county, commencing on third Mondays in May and November, and shall continue from week to week so long as the presiding Judge may deem necessary. Pulaski county. Sec. II. Be it further enacted , That all writs, processes, cases, orders and other proceedings, which are returnable to said courts at the terms now prescribed by law for the year 1886, are hereby made returnable to the times for holding said courts as changed by this Act, and that all jurors, suitors, witnesses and other persons summoned or ordered to be at said courts, or who have business in said courts, are hereby required to attend said courts as changed by this Act without further notice or summons. Writs, processes, etc. Sec. III. Be it further enacted , That only one grand jury shall be drawn and summoned for each term of the Superior Courts of the counties composing the Oconee Circuit, and the grand jurors sworn, chosen and impanelled for the counties of Dodge, Laurens and Pulaski for the first week shall be competent and compellable to serve during the entire term of said courts. Two panels of traverse juries shall be drawn, one of which shall serve the first week and the other shall serve the second week of the last three named courts. Panels of grand jurors. Traverse jurors. Sec. IV. Be it enacted , That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved October 3, 1885.

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PUBLICATION OF DOCKET OF WALTON SUPERIOR COURT. No. 209. An Act to require the Judge of the Superior Court for the County of Walton to have published, in advance of the opening of the regular terms thereof, the order in which he will take up the dockets of said court, and for other purposes. Section I. The General Assembly do enact , That from and after the passage of this Act, it shall be the duty of the Judge of the Superior Court for the county of Walton to pass an order, and have the same published once a week for two weeks before the opening of any regular term of said court in the newspaper in which the sheriff's sales of said county are advertised, announcing the order in which he will take up the dockets of said court. Order of dockets to be published. Sec. II. Be it further enacted , That the expense of the publication of said order herinbefore provided for shall be paid by the County Treasurer of said county upon the order of the Judge of said Superior Court. Expense of publication. 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 5, 1885. PROVIDING FOR TWO WEEKS' TERM OF MARION SUPERIOR COURT. No. 268. An Act to provide for two weeks' session of the Superior Court for the County of Marion. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Superior Court for the county of Marion, which convenes on the fourth Mondays in April and October of each year, may continue in session two weeks from said dates. Superior Court of Marion may continue two weeks. 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 October 6, 1885.

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PROVIDING FOR TWO WEEKS' TERM OF TAYLOR SUPERIOR COURT. No. 269. An Act to provide for two weeks' session of each term of the Superior Court of Taylor 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 Superior Court of the county of Taylor, in this State, which convenes on the fourth Mondays in February and August of each year, may remain in session for the period of two weeks from said dates. The jury drawn for the next February term of said court shall serve for two weeks, if said court should be held for two weeks at said February term. Superior Court of Taylor may continue two weeks. Juries. 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 October 6, 1885. TERMS OF SUPERIOR COURTS OF GILMER AND FANNIN COUNTIES. No. 278. 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 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 second Monday in November to the second Monday in October of each yearthis Act not to go into effect until on and after January 1, 1886so that said court shall be held on the third Monday in May and the second Monday in October; and the Superior Courts in the county of Fannin, in this State, shall be held on the fourth Monday in May and the third Monday in October of each year. Of Gilmer. Of Fannin. Sec. II. Be it further enacted by the authority aforesaid , That 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. Witnesses. 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 October 7, 1885.

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TERMS OF CAMDEN SUPERIOR COURT. No. 284. An Act to change the time of holding the Superior Court of Camden county from the fourth Monday in April and November to Tuesday after the fourth Monday in April and November, 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 of holding the Superior Court of the county of Camden shall be on Tuesday after the fourth Monday in April and November instead of the fourth Monday in April and November. To be held Tuesday after 4th Mondays in April and November. Sec. II. Be it further enacted , That all processes, writs, bills and other court papers shall be returnable at the times above provided for the holding of said court. Processes, writs, 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 October 7, 1885. TERMS OF CARROLL SUPERIOR COURT. No. 309. An Act to provide for two weeks' term of the Superior Court of the County of Carroll, and to provide for only one Grand Jury and one panel of Traverse Jurors for each term of said Court. 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 terms of the Superior Court of the county of Carroll shall be for two weeks at each term thereof, and that the grand and traverse jurors drawn and impaneled for each term shall serve for both weeks, or so long as the Judge presiding may deem necessary. Two weeks' term provided for. Juries. 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 October 9, 1885.

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TERMS OF FULTON SUPERIOR COURT. No. 378. An Act to change the times of holding the Superior Court of Fulton County, in this State, and to prescribe the times for the meeting thereof, and to provide for the return of writs, bills and processes in certain cases. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same , That the times of the meeting of the Superior Court of Fulton county be changed to the first Monday in March and September in each and every year instead of the first Monday after the fourth Monday in March and September of each year as now fixed by law. To meet 1st Mondays in March and September. Sec. II. Be it further enacted , That all bills, writs and other processes which may be issued before the passage of this Act, which may be made returnable to the term of said court, which under the existing laws would meet on the first Monday after the fourth Monday in March, 1886, shall be held and deemed returnable to the first term of said court to be held under the provisions of this Act. Writs, processes, etc. 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 October 13, 1885. TERMS OF ECHOLS AND COLQUITT SUPERIOR COURTS. No. 427. An Act to change the times of holding the fall terms of the Superior Court of the counties of Echols and Colquitt in the Southern Judicial Circuit of this State, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That, commencing with the fall terms of 1886, the times for holding the fall terms of the Superior Courts of the counties of Echols and Colquitt, in the Southern Judicial Circuit of this State, be changed from the times as now fixed by law to the following times, to-wit: In Echols on the fourth Monday in September; in Colquitt on the Wednesday after the second Monday in October. Fall term of Echols, 4th Monday in Sept. Of Colquitt Wednesday after 2d Monday in October. 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 October 16, 1885.

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TITLE XI. MISCELLANEOUS. ACTS. Public road working. Funding the public debt. Requiring railroads to post bulletins of delayed trains. Jurisdiction over certain land in Macon ceded to the United States. Jurisdiction over certain land in Fulton county ceded to the United States. General local option liquor law. Registration of securities for debt. Grade of turnpike roads. Encouraging search for phosphate deposits. Relief of maimed and indigent soldiers. Authorizing executors, administrators, guardians and trustees to invest in State bonds. Gates on highways from no fence counties, etc. Cancellation of record of mortgages. Guardians for idiots, lunatics and insane persons. Pay of official stenographic reporters. Punishing wreeking of railroad trains, etc. Publication of returns, etc., made to Secretary of State by railroad companies. Lease of Indian Spring reserve. Printing, etc., of legislative journals. Regulating sale of morphine. Payment of shares of husband or widow in estates in certain cases. Common carriers liable for injuries done outside of corporate authority. Enforcement of the road laws. Importation of second-hand clothing. Relief of maimed Confederate soldiers. Georgia Reports, etc., for State University. Appointment of fish wardens. Bonds of administrators. Regulations for requisitions. Letters dismissory without administration of dower reversion. Regulating assessment life insurance. Sale of estrays valued at less than twenty dollars. Lien upon get of stallions, jacks, bulls and boars. Providing for collection of municipal taxes and assessments.

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PUBLIC ROAD WORKING. No. 13. An Act to repeal an Act entitled an Act to provide an additional system of working public roads in this State, etc.; 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, approved September 28, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the above recited Act be, and the same is hereby repealed. Act of September 28th, 1883, 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 12, 1884. FUNDING THE PUBLIC DEBT. No. 60. An Act to authorize the Governor of this State to issue bonds of the State to the amount of three million four hundred and fifty-five thousand one hundred and thirty-five dollars, and negotiate the same for the purpose of raising money with which to pay off that portion of the public debt which falls due during the years 1885 and 1886, and to provide for the exchange of new bonds of the State for the bonded indebtedness of the State now out-standing and falling due during said years, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That his Excellency the Governor be, and he is hereby authorized and empowered to issue negotiable bonds of the State to the amount of three million four hundred and fifty-five thousand one hundred and thirty-five dollars, and negotiate the same for the purpose of raising money to pay off that portion of the principal of the public debt which may fall due during the years 1885 and 1886, said bonds to be issued and negotiated at such times and in such amounts (not exceeding in the aggregate the sum of three million four hundred and fifty-five thousand one hundred and thirty-five dollars) as the Governor may in his discretion see proper, in order to meet the wants of the State.

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Said bonds shall each be of such denominations as the Governor may see proper to fix, and shall bear interest at a rate not exceeding five per cent per annum, the interest payable semi-annually, the principal of said bonds to mature at the expiration of thirty years from their date, and shall be payable, both principal and interest, at the office of the Treasurer of the State in the city of Atlanta, Georgia, and also in the city of New York at such place as the Governor may elect. Said bonds shall be signed by the Governor and countersigned by the Treasurer for said State and on its behalf. To each of said bonds shall be attached coupons for the interest, each to be signed by the Treasurer of the State for it and on its behalf. The bonds shall not be sold or disposed of for less than their par value. Governor authorized to issue bonds. To amount of $3,455, - 135.00. To pay public debt falling due in 1885 and 1886. How issued and negotiated. Denominations. Interest. Maturity. When payable. How signed. Coupons. Bonds not to be sold at less than par. Sec. II. Be it further enacted , That in order to facilitate the sale and negotiation of said bonds, the Governor may give notice, by publication in such place or places and for such length of time as he may see proper, of his intention to issue said bonds, and he may invite bids for the same, and the lowest rate of interest at which the bidder will take said bonds, or any portion thereof; Provided , nothing herein contained shall be held or construed to limit the Governor to this method of sale or negotiation, but he may reject any and all bids made in response to said published notices; and if he sees proper may proceed to dispose of said bonds by private negotiation if in his judgment the best interest of the State shall demand such a course. Notice of issue. Bids. Proviso. Private negotiation. Sec. III. Be it further enacted , That his Excellency the Governor is hereby authorized to change any of the bonds issued under the provisions of this Act in the redemption of any part of the public debt now outstanding and falling due during the years aforesaid. Exchanged for old debt. Sec. IV. Be it further enacted by the authority aforesaid , That his Excellency the Governor is hereby authorized to issue, upon such terms and under such regulations as he may from time to time prescribe, not inconsistent with existing laws, registered bonds in lieu of and in exchange for any bonds authorized to be issued in pursuance of the provisions of this Act. Said registered bonds shall be similar in all respects to the bonds authorized to be issued by the provisions of this Act, except they shall not be coupon bonds, and the principal and interest shall be payable only at the treasury of the State. Said registered bonds shall bear interest at a rate not exceeding five per centum per annum, payable semi annually. Said bonds shall be transferable on the books of the Treasurer of the State in person or by power of attorney, the form of which shall be as follows: Bonds in lieu of bonds issued under this Act. Character. Interest. How transferred.

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For value received..... assign to..... the within registered bond of the State of Georgia, number..... of the denomination of $..... and..... hereby authorize the transfer thereof on the books of the Treasurer of the State of Georgia. Form of transfer. Dated..... Signature of Assignor. State of..... Town of..... County of..... Personally appeared before me the above named assignor, known or proved to be the..... payee of the within bond, and signed the above transfer and acknowledged the same to be his free act or deed. Witness my hand and official signature and seal this..... day of..... 18...... Said power of attorney shall be executed in the presence of any Judge of a court of record of this State, a Justice of the Peace or Notary Public, where the power of attorney is executed in this State, and if executed out of the State, then in the presence of any Commissioner of Deeds for the State of Georgia resident in the State of the assignor, or the Ordinary, or Judge of the Probate Court, or like officer of the county of the residence of the assignor. How executed. Sec. V. Be it further enacted , That there shall be endorsed on each of the bonds issued in pursuance of this Act the following extracts from the Constitution of this State, viz: The proceeds of the sale of the Western and Atlantic Railroad held by the State, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatever, so long as the State has any existing bonded debt. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses and interest on the public debt, the sum of one hundred thousand dollars, which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured, and shall be applied to no other purpose whatever. Endorsement on Bonds. Sec. VI. Be it further enacted , That all bonds, whether coupon or registered bonds, issued under the provisions of this Act, shall be exempt from all taxation by or under the authority of this State, or any municipal, county or authority whatsoever. Exempt from taxation. Sec. VII. Be it further enacted , That the Governor shall only issue and pay out or use any of the bonds authorized by this Act in the redemption of the same amount of the outstanding bonds of the State falling due in the years 1885 and 1886. How to be used. 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 December 23, 1884.

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REQUIRING RAILROADS TO POST BULLETINS OF DELAYED TRAINS. No. 65. An Act to require railroad companies, when passenger trains are more than one-half of one hour behind the schedule time, to keep posted at every telegraph station along its line the time such train is behind its regular time, 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 whenever any passenger train, on any railroad in this State, shall be more than one half of one hour behind its schedule time, when it passes a depot at which there is a telegraph operator, and during the hours that such operator is required to be on duty, it shall be the duty of such railroad company to keep posted at every succeeding telegraph station along its line the time such train is behind its schedule; Provided , that such bulletin shall not be required to be posted at any station until one half hour before the regular schedule time at which such train is to arrive at the station at which such bulletin is required to be kept. Bulletins of delayed trains to be posted. At telegraph stations. Half hour before schedule. Sec. II. Be it further enacted by the authority aforesaid , That for every willful violation of the requirements of this Act, the said railroad company shall be liable to pay to the State of Georgia twenty-dollars, which may be collected by suit in any court having competent jurisdiction. 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 December 24, 1884. JURISDICTION OVER CERTAIN LAND IN MACON CEDED TO UNITED STATES. No. 119. An Act to provide for the ceding of jurisdiction to the United States to and over a certain lot of land in the city of Macon, Bibb county, of said State, when the United States Government shall acquire title thereto for the purpose of erecting a public building thereon. Whereas, A bill has passed the Congress of the United States providing for the erection of a public building in the city of Macon, county of Bibb, said State, to be used for a post-office, court-house, and other public purposes; and Whereas, The Congress of the

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United States has appropriated one hundred and twenty-five thousand dollars for such purposes; and Whereas, It is necessary and proper that this State should cede to the Government of the United States jurisdiction over such land as may be acquired for the purposes mentioned therefor; and Whereas, A certain lot of land situated in the city of Macon, county of Bibb, said State, to-wit: The northeast corner of Mulberry and Third Streets, in said city of Macon, being parts of lots (3) three and (4) four, in block (18) eighteen, according to the plan of said city, fronting (140) one hundred and forty feet on Third street, and one hundred and twenty feet on Mulberry street, has been selected as a site whereon to erect said public building: Public building in Macon, Ga. Section I. Be it enacted by the General Assembly of said State, and it is hereby enacted by the authority aforesaid , That the jurisdiction of this State is hereby ceded to the Government of the United States to said lot of land in the county of Bibb, situated at the northeast corner of Mulberry and Third streets, being parts of lots four and (3) three. in block eighteen, according to the plan of said city, fronting 140 feet on Third and 120 feet on Mulberry streets, for the purposes mentioned in this preamble, so long as said land is used for said purposes. Jurisdiction ceded United States on lot n. e. corner Mulberry and Third streets. Sec. II. Be it further enacted , That all conflicting laws with this Act are repealed. Approved August 19, 1885. CEDING JURISDICTION OVER CERTAIN LAND IN FULTON COUNTY TO UNITED STATES. No. 176. An Act to provide for ceding to the United States the jurisdiction of this State over such lands, near the city of Atlanta, in the county of Fulton, or county of DeKalb, as the United States may acquire title to, for the purpose of establishing a military post not exceeding two hundred acres, and for other purposes connected therewith. Whereas, A bill has passed the House of Representatives in the Congress of the United States providing for the establishment of a military post, near the city of Atlanta, in the county of Fulton, in said State, which may become a law before the next meeting of the General Assembly of this State; and Whereas, it is needful that this State shall cede to the Government of the United States jurisdiction over such lands as may be acquired for the purpose mentioned: therefore, Military post in Fulton county.

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Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That the jurisdiction of this State is hereby ceded to the Government of the United States over any lands, not exceeding, two hundred acres, to which it may acquire title, near the city of Atlanta, in said county of Fulton, or county of DeKalb, for the purpose mentioned in the preamble of this Act, so long as said land may be used for said purposes; Provided , always, that the said transfer of jurisdictiou is to be made and granted as aforesaid upon the express condition that this State shall retain a concurrent jurisdiction with the United States in and over the land or lands so to be transferred, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this State or any of the courts or judicial officer thereof, may be executed by the proper officer thereof, upon any person or persons amenable to the same, within the limits and extent of the land or lands so ceded, in like manner and to like effect as if this Act had never been passed, saving, however, to the United States security to their property within the limits of said lands. Jurisdiction ceded United States. Over lands in Fulton or DeKalb counties. On condition of certain concurrent jurrisdiction. Sec. II. Be it further enacted . That all laws in conflict with this Act be, and the same are hereby repealed. Approved September 14, 1885. GENERAL LOCAL OPTION LIQUOR LAW. No. 182. An Act to provide for preventing the evils of intemperance, by local option in any county in this State, by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of such county; 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 voters who are qualified to vote for members of the General Assembly, in any county in this State, the Ordinary shall order an election to be held at the places of holding elections for members of the General Assembly, to take place within forty days after the reception of such petition, to determine whether or not such spirituous liquors as are mentioned in the sixth section of this Act shall be sold within the limits of such designated places; Provided , that no election held under this Act shall be held in any month in which general elections are held, so that such elections as are held under this Act shall be separate and distinct from any other election whatever; Provided further , that the Ordinary shall determine upon the sufficiency of the petition presented by the tax books of the year before. Providing for petition. Ordinary to order an election. To determine as to sale of liquors. Not to be held in month of general elections. Ordinary determines petition.

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Sec. II. Be it further enacted , That notice of such elections to be held as by this Act provided shall be published once a week for four weeks, in the official organ or organs of the Ordinary or Sheriff of the county where such elections are to be held, and such other notice may be given as the Ordinary may think proper to give general publicity to the election. 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. All persons qualified to vote for members of the General Assembly, are qualified to vote under the provisions of this Act; Provided , that they have actually resided within the territorial limits to be affected thereby at least six months next preceding the election. Publication of notice. Regulations for elections. Qualified voters. Residence necessary. Sec. III. Be it further enacted , That all persons voting at any election held under the provisions of this Act, who are against the sale of such intoxicating liquors as are mentioned in the sixth section of this Act, shall have written or printed on their tickets, Against the sale, and those who favor the sale of the articles mentioned in said sixth section shall have written or printed on their ballots, For the sale. Ballots. Sec. IV. Be it further enacted , That all managers of elections held as by this Act provided 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 the Superior Court, to be filed in his office, and one list of the voters, ballots and tally-sheets to the Ordinary, who shall carefully consolidate the returns and decide all questions and contests arising under elections held by virtue of this Act. If the result of any election shall be Against the sale, the Ordinary shall publish the same once a week for four weeks in the paper in which he gave notice of the election. This Act shall take effect as soon as said publication has been made the time prescribed, provided no license to sell liquors of any description, prohibited by this Act, shall be granted during said time of publication, except as to vested rights. Within twenty days from the day on which the Ordinary declares the result, one-tenth of the number of voters having voted at such election may petition the Superior Court, setting out plainly and distinctly the cause of contest, when, if the cause set out is such as impeaches the fairness of the election, or the conduct of the Ordinary, the Judge shall grant an order, directed to three Justices of the Peace of the county, requiring them to re-count the ballots on a given day, and report the result to the next term of the Superior Court of that county, or the term of the court to which the petition may be returnable, at which term the case shall be heard; Provided , ten days' notice has been given the Ordinary of the filing of the petition, but such petition shall not act as a supersedeas of the result as declared by the Ordinary, nor shall the Judge grant a supersedeas and the contest so instituted shall not be continued by the Superior Court, but must be tried and determined at the term

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to which the same is returnable; Provided , such term is held, and if the same is not held, then at the next regular term of the court; and in the event that any one or more of the plaintiffs or defendants to such contests shall die pending the contest, it shall not be necessary to make parties, in place of such deceased party or parties, plaintiff or defendant. Either party may subp[UNK]na witnesses to prove either fraud in the ballots, the counting thereof, or in the conduct of the Ordinary, or of the managers of the election, and introduce evidence to establish either proposition or the converse thereof. The judgment of the Superior Court shall be final, unless the case is carried to the Supreme Court for review. If the election shall appear to have been fraudulently conducted, or the votes fraudulently counted, the Judge shall have power to declare the result and overrule the action of the Ordinary in the premises. Duplicate lists of voters. Consolidation and declaration of result. Act takes effect, when. No license to sell during time of publication. Contest of elections. Re-count of ballots. Report of result Notice of contest. No supersedeas. Contest not to be continued. Proviso. Death of parties. Witnesses. Evidence. Review of Supreme Court. Fraud. Sec. V. Be it further enacted , That if the result of any election held under the provisions of this Act shall be For or against the sale, then no other election shall be held in the same county in less than two years thereafter, which must be done upon a new petition, as aforesaid, and by otherwise conforming to this Act. No other election in less than two years. New petition. Sec. VI. Be it further enacted , That if a majority of the votes cast at any election, held as by this Act provided, shall be Against the sale, it shall not be lawful for any person within the limits of such county to sell or barter for valuable consideration, either directly or indirectly, or give away to induce trade at any place of business, or furnish at other public places any alcoholic, spirituous, malt or intoxicating liquors, or intoxicating bitters, or other drinks which if drank to excess will produce intoxication, under penalties hereinafter prescribed. Sale, or giving away for trades, etc., prohibited. Sec. VII. Be it further enacted , That section 4570 of the Code of 1882, in regard to prohibiting the sale or furnishing of spirituous liquors on election days, shall apply to all elections held under the provisions of this Act. Furnishing liquor on election days. Sec. VIII. Be it further enacted , That nothing in this Act shall be so construed as to prevent the manufacture, sale and use of domestic wines or cider, or the sale of wines for sacramental purposes; Provided , such wines or cider shall not be sold in bar-rooms by retail, nor shall anything herein contained prevent licensed druggists from selling or furnishing pure alcohol for medicinal, art, scientific and mechanical purposes. Manufacture, etc., of domestic wines or cider. Proviso. Licensed druggists. Sec. IX. Be it further enacted , That no elections shall be held under the provisions of this Act for any county, city, town or any other place in this State where by law the sale of spirituous liquors is already prohibited, either by high license, local option or other legislation, so long as these local laws remain of force; Provided , that no election shall be held under the provisions of this Act where an election has been held under any local Act until two years shall have expired from the date of said election under said local Act where the result was `For the sale.' No election to be held where sale is already prohibited.

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Sec. X. Be it further enacted , That any person voting illegally at any election held under the provisions of this Act, or otherwise violating any provision of the same, shall on conviction thereof be punished as prescribed in section 4310 of the Code of 1882. Penalties. 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 18, 1885. REGISTRATION OF SECURITIES FOR DEBT. No. 199. An Act to regulate the registration of deeds and bills of sale which are given as security for debt, and to prescribe the consequences of a failure to duly record the same. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, all deeds to realty and all bills of sale to personalty, where such deeds or bills of sale are given as security for debt, shall be recorded within thirty days from their date. Every such deed shall be recorded in the county where the land conveyed lies; every such bill of sale, in the county where the maker resided at the time of its execution, if a resident of this State. If a non-resident, then in the county where the personalty conveyed is. Such deeds or bills of sale not recorded within the time required remain valid against the persons executing them, but are postponed to all liens created or obtained, or purchases made prior to the actual record of the deed or bill of sale. If, however, the younger lien is created by contract, and the party receiving it has notice of the prior unrecorded deed or bill of sale, or if the purchaser has the like notice, then the title conveyed by the older deed or bill of sale shall be held good against them. Such securities must be recorded in thirty days. To realty where land lies. To personalty where maker resides at time of execution. Unless notice. Sec. II. Be it further enacted , That in order to admit such deeds or bills of sale to record, they shall be attested or proven in the nanner now prescribed by law for mortgages in order to admit them to record. Attestation. Sec. III. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved September 30, 1885. This Act puts deeds to realty and conditional conveyances of personalty on the same footing as to time of record. See Code of 1882, section 1955 (a).

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GRADE OF TURNPIKE ROADS. No. 202. An Act to declare and establish the grade of turnpike roads in this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the maximum or greatest grade of all turnpike roads in this State shall not exceed one foot in fifteen, unless a greater or steeper grade has been allowed in the charter heretofore granted, and if any owner, gate-keeper or person in charge of any turnpike road in this State shall collect any toll on any turnpike road in violation of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Maximum grade not over one foot in fifteen. Unless by charter. Penalty. Sec. II. Be it further enacted by the authority aforsaid , That the owner and manager of turnpike roads in this State shall have six months after the passage of this Act to grade and construct their roads in conformity to the provisions of this Act, and upon failure so to do, that, in addition to the penalties specified in this Act, their charters shall be subject to be forfeited, as now provided by law. Six months given to grade and construct. Forfeiture of charter. 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 October 3, 1885. ENCOURAGING SEARCH FOR PHOSPHATE DEPOSITS. No. 218. An Act to encourage search for phosphate rock and phosphate deposits by granting to those who find it the right to dig, mine and remove the same in and from the beds and margins of the navigable streams and waters of the State of Georgia; to provide penalties for violation of the provisions of this Act, and for other purposes. Section I. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That whenever any person or persons, natural or artificial, shall discover phosphate rock or phosphatic deposits in the navigable streams or waters of this State, or in any public land on their banks or margins, and shall file with the Secretary of State notice of said discovery, and a description of the location thereof, he, they or it shall be entitled to and shall receive from the Secretary of State a license

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giving him, them or it, or his, their or its assigns, the exclusive right, for ten years from the date of said license, of digging, mining and removing from the aforesaid location, and from an area for a distance of five (5) miles in any or all directions therefrom, the phosphate rock and phosphatic deposits that may be found therein; Provided , that those receiving or holding such license shall in no way interfere with the free navigation of the navigable streams and waters of the State, or the private rights of any citizen or citizens residing or owning the lands upon the banks of the said navigable rivers and waters of the State; Provided further , that no person or persons, natural or artificial, shall have the privilege of locating a claim within twenty miles of any other claim for which they have received a license during the continuance of such license. Rights of discoverers. Notice and description. License to work. Proviso. Not interfere with navigation Or other claims. Sec. II. Be it further enacted , That the beforenamed licenses shall be granted upon the express condition that the grantees shall pay to the Treasurer of this State the sum of one dollar ($1) per ton for every ton of phosphate rock and phosphatic deposit dug, mined and removed from the said navigable rivers and waters of this State and the banks and margins thereof; and further , that said grantees shall pay the Treasurer of this State the sum of one hundred dollars ($100) as a license fee before commencing business under said license. Fees to State. License fee. Sec. III. Be it further enacted , That before commencing operations under authority of this Act, the holder or holders of each of said licenses shall file, or cause to be filed in the office of the Treasurer of this State, an affidavit and bond in the penal sum of twenty thousand dollars ($20,000), approved by the Attorney-General, and conditioned that the said holder or holders shall make true and faithful returns to said Treasurer annually on or before the first day of October, and oftener if required by the said Treasurer, of the number of tons of phosphate rock and phosphatic deposits dug, mined and removed by him or them from the beds of the navigable streams and waters of this State and the banks or margins thereof, and shall punctually pay to the Treasurer of this State annually on the first day of October one dollar ($1.00) per ton for every ton of phosphate rock and phosphatic deposits by him or them dug, mined and removed from the beds of the navigable streams and waters of this State and the banks and margins thereof during the year preceding. Affidavit and bond. Condition of bond. Sec. IV. Be it further enacted , That any person or persons, natural or artificial, who (without having first obtained a license) shall dig, mine, remove or cleanse phosphate rock or phosphatic deposits from the beds of the navigable streams of this State, or the banks and margins thereof, when the property of the State (except in the prosecution of beforenamed searches), shall be guilty of a misdemeanor, and on conviction thereof be subject to the penalties provided in section 4310 of the Code of 1882. Penalty.

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Sec. V. Be it further enacted , That any license granted under the provisions of this Act shall lapse and become void unless within three years from the date of the license the privileges granted are utilized and work in good faith is commenced. Lapse of license. 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 October 5, 1885. RELIEF OF MAIMED AND INDIGENT SOLDIERS. No. 305. An Act to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approved March 3, 1875, 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 above recited Act be amended by striking from the eighth and ninth lines of section first the words, that he has not more than one thousand dollars of taxable property, so that said section when amended shall read as follows, viz.: That from and after the passage of this Act, it shall be the duty of the Ordinary of each county in this State in each year before the county tax is levied, upon application to him and proof being shown to him by any person that he entered into the military service in defense of the South during the late civil war between the Confederate States and the United States of America, that he served faithfully in said service, and in the same lost both eyes or two limbs, meaning thereby arms or legs, to levy a special tax as a part of the county tax of one hundred dollars for each of such applicants when such proof is made to his satisfaction, which tax shall be collected by the county Tax Collector and paid over by him to such applicant when he is shown by him a proper certificate from the Ordinary of said county. Said tax of one hundred dollars shall only be levied for a citizen of said county, and shall cease when such applicant so relieved ceases to be a citizen of said county. County tax for disabled Confederate soldiers. 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 October 8, 1885.

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AUTHORIZING EXECUTORS, ADMINISTRATORS, GUARDIANS AND TRUSTEES TO INVEST IN STATE BONDS. No. 306. An Act to authorize executors and administrators, guardians and trustees, to invest in the stocks, bonds and other securities issued by this State, and to provide what rate of interest shall be charged on the funds so invested. 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, executors, administrators, guardians and trustees may invest trust funds in stocks, bonds and other securities issued by this State, bearing a lower rate of interest than seven per cent. per annum, and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the State; Provided , that such executor, administrator, guardian or trustee shall, within thirty days after such investment, make a return to the Ordinary of the amount and character of the bonds purchased and the price paid. May invest in State securities. At lower interest than seven per cent. Charged with interest received Return as to investment. 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 October 8, 1885. GATES ON PUBLIC HIGHWAYS FROM NO FENCE COUNTIES OR DISTRICTS. No. 314. An Act to allow parties living on the lines of counties and districts where the fence laws of the State of Georgia are enforced, and where the adjoining county or counties and districts have adopted No Fence Law, to erect gates across public highways on said county lines. 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 any person living on or near the line, and owning or controlling land in counties and districts of this State, in one of which the fence law is of force, and the adjoining counties and districts have adopted the no fence law, that person or person in either county shall be allowed to erect on any highway or public road on the line of said county and districts gates, which gates shall be self-latching, opening each way, and shall be kept in good repair by the person

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or persons so erecting said gates, and upon failure to do so the same shall be removed as other obstructions across public roads, and said person or persons shall have hitching posts placed on each side of said gate or gates. Protection against No fence. Character of gates. Duty of person erecting. Hitching posts. Sec. II. Be it further enacted by the authority aforesaid , That, after said gates shall have been so erected, should any person or persons open and leave the same open, or in a condition for stock to enter, that said person or persons shall be guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code of 1882. Penalty for leaving gate open. Sec. III. Be if enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 9, 1885. CANCELLATION OF RECORD OF MORTGAGES. No. 315. An Act to authorize Clerks of the Superior Courts of this State to cancel the record of mortgages and fixing fees 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 mortgager in this State, who may have paid off his mortgage, may present the same, together with the order of the mortgagee or transferee, directing that the mortgage be cancelled and record the order across the face of the record, to the Clerk of the Superior Court of the county or counties in which the same is recorded, when such Clerk is hereby required to write across the face of such record the word satisfied, and the date of such entry, and sign his name thereto officially. Mortgage may be cancelled. Under what condition. Duty of clerk. Sec. II. Be if further enacted by said authority , That for such services the Clerk shall receive fifteen cents, to be paid by the mortgager. Fees of clerk. 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 October 9, 1885.

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GUARDIANS FOR IDIOTS, LUNATICS AND INSANE PERSONS. No. 318. An Act to authorize the Ordinaries of the several counties of this State to appoint guardians for idiots, lunatics and insane persons in certain cases therein provided, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinaries of the several counties of this State shall be, and they are hereby authorized to appoint guardians for idiots, lunatics and insane persons without a trial, as provided for in section 1855 of the Code of 1882 of Georgia, whenever it shall be made to appear to them that such idiot, lunatic or insane person is in the lunatic asylum upon commitment thereto, as provided in section 1855 of the revised Code of this State, or when it is shown by the certificate of the Superintendent of the Lunatic Asylum in which the party is confined, that such person is hopelessly insane, and that it is necessary for such idiot, lunatic or insane person to have a guardian to take charge of his property. May be appointed without trial when already in asylum. Or when shown by certificate that person is hopelessly insane, etc. Sec. II. Be it further enacted by the authority aforesaid , That such guardians shall be appointed under the same rules and regulations as govern the appointment of guardians for minor children, and that the Ordinary of the county where such idiot, lunatic or insane person lived at the time when he was sent to the asylum shall have jurisdiction of the appointment of such guardian. Rules governing such guardians. Venue. 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 October 9, 1885. PAY OF OFFICIAL STENOGRAPHIC REPORTERS. No. 338. An Act to fix the pay of official Stenographic Reporters. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the pay of official reporters shall be fifteen dollars per day for taking down the testimony in the trial of such criminal cases as are now required by law to be reported, which sum shall be paid by the County Treasurer, or other officer having charge of the county funds of the county wherein such criminal case shall be tried, on the certificate and order of said Judge as to the number of days he has been employed; Provided ,

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that not exceeding the sum of twenty-five hundred dollars shall be paid in any one year for work done in that year out of county funds of any one county. Fixed at $15 per day. How paid. But not to exceed $2,500 per year for one county. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1885. PUNISHING WRECKING OF RAILROAD TRAINS, ETC. No. 340. An Act to make the wrecking or attempt to wreck any railroad train, locomotive, or car, or coach, or vehicle of any kind when used or run on any railroad track for the purpose of travel or transportation, 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 or persons who shall by any devise whatever wreck, or attempt to wreck, any railroad train, locomotive, or car, or coach, or vehicle of any kind, when used or run on any railroad track for the purpose of travel or transportation, or assist or advise it to be done, such person or persons shall be guilty of a felony, and upon conviction thereof shall be punished with confinement in the penitentiary for life, unless the jury trying the case shall recommend the prisoner to mercy; in that event he shall be punished by confinement in the penitentiary for not less than five nor longer than ten years. If the conviction is founded solely on circumstantial testimony, the presiding Judge, without the recommendation of the jury, may in his discretion sentence the prisoner to confinement in the penitentiary for not less than five nor longer than ten years. If death ensues from such act to any person, the offender shall be prosecuted for murder. Wrecking or attempting to wreck trains, cars, etc., a felony. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act are hereby repealed. Approved October 12, 1885.

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PUBLICATION OF RETURNS, ETC., MADE TO SECRETARY OF STATE BY RAILROADS, ETC. No. 350. An Act to amend 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, with all amendments thereto, under which they operate, and the names of their then president, vice-president, secretary and treasurer, and for other purposes, approved October 1, 1883, so as to require the publication of the same with the Acts and resolutions of the General Assembly, and also to require the publication of all certificates of organization or agreements of association by the purchasers of any railroad companies pursuant to the Act, approved February 29, 1876, 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, with the amendments thereof, and the Act entitled an Act to provide a general law for the incorporation of railroads, and to regulate the same, approved September 27, 1881, and for other purposes. Whereas, The Supreme Court has held that the courts are bound to take notice judicially of papers filed in the office of the Secretary of State, in conformity to law, and it is made advisable that what is so filed should be made known to the citizens of this State: Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, there shall be published with the Acts and resolutions of each General Assembly the returns made by each and every railroad company, pursuant to the provisions of the Act, approved October 1, 1883, entitled an Act to require all railroad companies doing business in this State to file with the Secretary of State, within thirty days after the 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. Publication of returns made, etc. Sec. II. Be it further enacted , That there shall be published with the said Acts and resolutions of the present General Assembly all certificates and other actions filed in the office of the Secretary of State pursuant to the provisions of an Act entitled an Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and define their rights, powers and privileges, approved February 29, 1876, with each and every amendment thereto. Publication of certificates, etc. Sec. III. Be it further enacted , That there shall be published in the Acts and resolutions aforesaid each and every article of association, with certificate issued thereunder to corporations organized pursuant to the provisions of an Act entitled an Act to provide a

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general law for the incorporation of railroads, and to regulate the same, approved September 27, 1881. And of Articles of Association, etc. Sec. IV. Be it further enacted , That at the close of each and every session of the General Assembly in the future, there shall be published with the Acts and resolutions thereof all papers which may be filed in the Secretary's office by any person or corporation claiming rights under the provisions of each and every one of the Acts set forth in sections 1, 2 and 3 of this Act; Provided , that nothing contained in this Act shall be so construed as to authorize more than one publication of the matters herein required to be published. Future publications. 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 October 12, 1885. LEASE OF INDIAN SPRING RESERVE. No. 353. An Act to lease or rent the use of the water power on the shoals and falls on the reserve at Indian Spring, with the privilege of building saw and grist mills, and other manufactories and industries thereon; also, to lease the reserve upon which is situated the Spring, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Governor be, and is hereby authorized and directed, upon the expiration of the present lease of the water power upon the reserve at Indian Spring, under the Act of February 23, 1866, to enter upon and take possession of said property, and lease or rent the same at public letting, as he in his discretion may deem best for the interest of the State, for the term of of twenty years, the rents of said property to be paid into the State Treasury annually, to secure which the Governor is authorized and directed to require such security or securities of the lessee or lessees as he may deem sufficient. Governor authorized to lease the water power. For term of twenty years. Security for rents. Sec. II. Be it further enacted by the authority of the same , That at the end of the litigation between the State and the present lessee of the reserve at Indian Spring, if the State requires the possession of the reserve upon which is situated the spring, the Governor is authorized and directed to take possession of said reserve and to lease the same publicly, as he may think best for the interest of the State for the term of twenty years, making such terms with the lessee or lessees as will secure the permanent improvement of said spring and the reserve, and to this end he may devote the annual income of said reserve, or so much as may be deemed necessary (the balance to be paid annually into the State Treasury) to be expended under the supervision of three commissioners, whom the Governor

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is hereby authorized and directed to appoint, and who shall take an oath to properly perform their duties; Provided , that in said contract of lease, the right of the public to the use of the water of said spring and to the free and unobstructed passage thereto and around the same shall be forever preserved. Lease of the spring. For term of twenty years. Permanent improvem'ts. How income may be expended. Rights of public preserved. Sec. III. Be it further enacted by the authority of the same , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1885. PRINTING, ETC., OF LEGISLATIVE JOURNALS. No. 356. An Act to regulate the printing and distribution of the Journals of the Senate and House of Representatives, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, there shall be printed, under the laws now regulating the same, only four hundred copies each of the Journals of the Senate and House of Representatives. Four hundred copies to be printed. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the State Librarian, without cost to the State, except for postage or express charges, to ship the Journals as follows: One copy of each to the Ordinaries of this State (to be kept by them for public use and reference), one copy of each to each member of the General Assembly, and the remainder to be kept in State Library for future use. Of the number so kept in the Library, he shall have twenty-five copies of each neatly bound. How distributed. Sec. III. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved October 13, 1885. REGULATING SALE OF MORPHINE. No. 384. An Act to prescribe the manner of selling the Sulphate and other preparations of Morphine in this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That on and after the first day of January, eighteen hundred and eighty six, it shall not be lawful for any druggist, or other dealer

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in drugs and medicines, to sell or offer for sale any sulphate or other preparations of morphine in any bottle, vial, envelope or other package, unless the same be wrapped in a scarlet paper or envelope, and all bottles or vials used for the above purpose shall have, in addition to said scarlet paper wrapper, a scarlet label, lettered in white letters plainly naming the contents of said bottle. Must be in scarlet wrapper. And have scarlet label. Lettered in white. Sec. II. Be it further enacted by the authority aforesaid , That any one violating the provisions of the above section shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than fifty dollars, at the discretion of the court, for each and every violation of the preceding section. 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 October 13, 1885. PAYMENT OF SHARE OF HUSBAND OR WIDOW IN ESTATES IN CERTAIN CASES. No. 395. An Act to enable the husband or widow of a deceased person to receive the share of the estate to which such husband or widow is entitled without the intervention of a guardian in certain cases, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That whenever the husband or widow of a deceased person shall be under the age of twenty one years and entitled to a share in the estate of such deceased husband or wife, he or she shall be entitled to take and hold such share without the intervention of a guardian or other trustee. Under age of twenty-one may have share without guardian. Sec. II. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1885.

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COMMON CARRIERS LIABLE FOR INJURIES DONE OUTSIDE OF CORPORATE AUTHORITY. No. 397. An Act to make all corporations engaged as common carriers in the transportation of freight or passengers, or both, either by land or water, liable for damages done to the person or property of an individual while acting outside of their corporate authority, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That in all cases where the person or property of an individual may be injured or such property destroyed by any corporation engaged as a common carrier in the transportation of freight or passengers, or both, either by land or water, such corporation shall be liable to pay damages to any one whose person or property may be so injured or destroyed, not withstanding the fact that such corporation was acting without the scope of its charter, if such corporation would be liable for such damages if acting within its chartered powers and authority. Injuries by common carriers outside scope of corporate authority. 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 October 15, 1885. ENFORCEMENT OF THE ROAD LAWS. No. 400. An Act to provide for the better enforcement of the Road Laws of this State, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, it shall be lawful for any citizen of any county in this State, by petition in writing to the Ordinary, Judge of the County Court or Board of Commissioners of Roads and Revenue, as they may respectively have jurisdiction over the appointment of Road Commissioners for the road districts of their respective counties, to make complaint to such Ordinary, Judge of the County Court or Board of Commissioners, as the case may be, against any Road Commissioner or set of commissioners appointed for any road district of the petitioner's county for neglect of duty generally or in any particular, which petition shall be sworn to, and it shall therefore be the duty of the officer to whom such petition is addressed to issue a summons in writing, directed

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to such defaulting commissioners, commanding them to be and appear before such Ordinary, Judge of the County Court or Board of Commissioners at the usual place of sitting on a day certain, to answer the accusation in the petition contained, which summons shall be served by the Sheriff or his deputy upon the commissioners complained against at least twenty days before the day of hearing; and if, upon investigation of the case, it shall appear that the accusation is made out by the proof, the Ordinary, Judge of the County Court or Board of Commissioners, as the case may be, shall thereupon impose a fine upon such commissioners of not less than ten dollars nor more than two hundred dollars. If such commissioners have been duly cited and served and fail to appear, the tribunal to which such summons is made returnable, as aforesaid, may proceed ex parte , and execution shall issue against such commissioners for any fine imposed, which shall be executed by the Sheriff or his deputy, and the lien of such execution and the property subject thereto shall be the same as against defaulting road-workers. Complaint against road commissioners. To be sworn to. Summons issued. How served. Fine. Failure to appear. Execution. Lien. Sec. II. Be it further enacted by the authority aforesaid , That upon the hearing of the case against such defaulting commissioners, it shall be lawful for the tribunal trying the case to impose an alternative punishment of imprisonment in the county jail for a term not exceeding ten days, and if the tribunal hearing the case shall fine such commissioners, they shall thereupon be removed from office by reason of the fine being imposed and other commissioners shall be forthwith appointed in their place. Alternative punishment. Removal from office and vacancy supplied Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed, but nothing herein contained shall be so construed as to repeal sections 661, 662 and 663 of the Code of this State. Code, Secs. 661, 662, 663 not repealed. Approved October 15, 1885. IMPORTATION OF SECOND-HAND CLOTHING. No. 401. An Act to prevent the importation of second hand clothing, or castoff clothing, into the State of Georgia, and the sale of the same. Whereas, The practice of importing second-hand or cast-off clothing into the State for sale has grown to such an extent that the sanitary condition of the State is endangered thereby: therefore, 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 import into the State of Georgia, for the purpose of sale, any second-hand or cast-off clothing. Importation of second-hand or cast-off clothing.

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Sec. II. Be it further enacted by authority aforesaid , That it shall be unlawful for any person or persons buy, barter or receive for the purpose of selling any such second-hand or cast-off clothing; Provided , however, that the foregoing section shall not be construed to apply to second hand clothing which shall be accompanied by a certificate from the proper officer of the Board of Health of the place from which such clothing may have been shipped. Said certificate shall certify that such second hand clothing has been properly disinfected, and that there is no danger of spreading contagious diseases. Said certificate shall also set forth the character and number of garments to which it refers, and the date when they were disinfected. Said certificate shall be recorded in the Clerk's office of the Superior Court of the county where said clothing is offered for sale before the same is offered for sale. Unlawful to buy for sale. Proviso. May be sold under certain certificate. Record of certificate. Sec. III. Be it further enacted by authority aforesaid , That any person or persons violating the provisions of the foregoing sections of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the common jail of the county for a period not exceeding twelve months nor for a period of less than six months. Penalty. 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 October 15, 1885. RELIEF OF MAIMED CONFEDERATE SOLDIERS. No. 402. An Act to allow disabled Confederate soldiers, who have lost a limb or limbs, and who have failed or neglected to draw for any year or years the amounts of money to which they may have been entitled under the several Acts passed in their favor, to make application for the same as if such failure or neglect had not occurred, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That all disabled Confederate soldiers, who were entitled to draw money from the State (under the several Acts passed by the Legislature) on account of the loss of a limb or limbs, and who have failed to draw, up to date, for any year or years since the original Act was passed in their favor, be, and they are hereby, from and after the passage of this Act, authorized and allowed to make application for the same, and on such application being made, with proper proofs that they are entitled to the benefits of said laws, it shall be the duty of the Governor to draw his warrants upon the treasury for such sums as may be sufficient to pay said demands. Relieved from effect of failure to apply for appropriation. Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1885.

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GEORGIA REPORTS, ETC., FOR STATE UNIVERSITY. No. 414. An Act to authorize the Governor to furnish the Georgia Reports and other books to the University of Georgia, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the Governor be, and he is hereby authorized to furnish to the University of Georgia from the State Library the last Code of Georgia and such volumes of the Reports of the Supreme Court of Georgia as are not now contained in the University Library. Governor to furnish Code and certain reports. Sec. II. Be it further enacted by the authority aforesaid , That the Governor shall furnish to the University of Georgia the future volumes of the Supreme Court Reports, and such other public books as are furnished by the State to the several counties. Also future volumes. And public books. 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 October 16, 1885. APPOINTMENT OF FISH WARDENS. No. 424. An Act to authorize the Commissioner of Agriculture to appoint fish wardens in the several counties of this State, and to prescribe their duties and fees, 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 Commissioner of Agriculture be, and he is hereby authorized and empowered to appoint, in such counties of this State as he may deem it expedient, one or more fish wardens, whose duties it shall be to see to the enforcement of the Act to encourage propagation of fish in the waters of this State, and for the protection of the same, approved February 29, 1876, and who shall have the same power to make arrests of violators of the Act above recited as the Sheriffs of this State. Commissioner of Agriculture to appoint. Duties of. Powers of. Sec. II. Be it further enacted , That the compensation of such fish wardens shall be one-half of the fines and forfeitures imposed by the court and paid by the violators of said Act of February 29, 1876. Compensation 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 October 16, 1885.

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BONDS OF ADMINISTRATORS. No. 425. An Act to require persons, who have been or may hereafter be appointed Administrator on any estate without giving bond and security, to give bond and security as Administrator or be removed from the administration of the estate, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That where any person has heretofore or may be hereafter appointed administrator on any estate without being required to give bond and security, any person interested in such estate, either as creditor, distributee or legatee, may require the person so appointed administrator to give bond and security as administrator, and in default thereof be removed; Provided , the person moving to have bond and security given or the administrator removed shall present the name of some fit and proper person who is willing to take the administration and who will give bond and security as such administrator. Administrators must give bond. Who may require it. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That the person moving, as provided in the preceding section, shall petition the Ordinary, where administration has been granted, to require the administrator to give bond and security, or in default thereof be removed, in which petition shall be given the name of the person who is willing to take the administration and give bond and security. The administrator shall be served personally with a copy of the petition, and at the expiration of ten days from the service of the petition, the Ordinary shall hear the same, either in term time or in vacation, and if the Ordinary is satisfied that the person offered as administrator is a fit and proper person to be appointed, he shall require the administrator to give bond and security within a given time, or in default thereof be removed from the administration of said estate. Character of petition. Service. Hearing. Judgement. Sec. III. Be it further enacted by the authority aforesaid , That the order requiring the administrator to give bond and security shall give not less than five nor more than fifteen days within which to give bond and security, and if, at the expiration of the time given, the bond and security is not given, the Ordinary shall vest the administration in the person offered for that purpose. Time to be given. Default. 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 October 16, 1885.

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REGULATIONS FOR REQUISITIONS. No. 431. An Act to regulate the issuance of requisitions by the Governor of this State for the extradition of fugitives from the justice of said State, and for other purposes. Section I. The General Assembly of Georgia hereby enacts , That in addition to any rules that are now or may hereafter be adopted by the Governor, the following rules shall be observed as a condition precedent to obtain a requisition by him for the extradition of any fugitive from the justice of this State: 1. The application for a requisition as aforesaid must be made to the Governor of this State by a Solicitor-General, or a Solicitor of a County Court, Judge of said City or County Court, or the Mayor of any city or town of this State, and must show the full name of the fugitive for whom extradition is asked, the crime charged, the State or Territory to which he has fled, the full name of the person suggested to act as agent of this State to receive and convey said fugitive to this State, said agent in no case to be the prosecutor; but the Governor may, in his discretion, appoint some other suitable person as agent of this State to receive and convey the prisoner. The application must also show that the ends of public justice require that the fugitive be brought back to this State for trial, and that the requisition is not wanted for the purpose of enforcing the collection of a debt, or for any private purpose whatever, but solely for the purpose of a criminal prosecution as provided by law. How application must be made. Must show what. 2. The application must be accompained by the affidavit of the prosecutor, if any, stating that the requisition is wanted for the sole purpose of punishing the accused, and not in any way to collect a debt or money, or to enforce the payment thereof. Must have affidavit. 3. If the fugitive has been indicted, two certified copies of the indictment or presentment must be forwarded to the Governor with said application. Copies of indictment. 4. If no indictment has been preferred, and an affidavit is the basis of the requisition, it must describe the crime committed, with all the particularity required in an indictment, and two certified copies of such affidavit must accompany the petition for the requisition. Requisites of affidavit. Sec. II. Be it further enacted , That when application is made as herein provided, and in accordance with such other rules as are now or may hereafter be adopted by the Governor, he shall then make his requisition for the extradition of such fugitive or fugitives according to the provisions of the laws of Congress of the United States in such cases made and provided. Duty of Governor.

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Sec. III. Be it further enacted , That the Solicitor making such application shall be entitled to a fee of five dollars for each application on which a requisition issues, to be paid as other fees in said cases, and to be included in the bill of costs in the court in which the trial may occur. Fees of officers. 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 October 17, 1885. LETTERS DISMISSORY WITHOUT ADMINISTRATION OF REVERSIONARY INTEREST. No. 433. An Act to authorize the granting of letters of dismission to administrators and executors without administering upon the reversionary interest in the lands set apart as dower, 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 whenever an administrator or executor has fully administered the estate, except the reversionary interest in the land set apart as dower, and it is not necessary to administer the same to pay debts, such administrator or executor shall be entitled to letters to dismission upon complying with the provisions of law now regulating the granting of such letters. Dismission granted without administration of reversion in dower. Sec. II. Be it further enacted , That no administrator or executor shall be authorized to sell the reversionary interest in the lands set apart as dower during the lifetime of the widow, except it be necessary to pay debts. May not sell during life of widow. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 17, 1885.

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REGULATING ASSESSMENT LIFE INSURANCE. No. 436. An Act in relation to corporations and associations organized under authority of the laws of this or other States for the purpose of furnishing life indemnity or insurance upon the assessment plan. 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 corporation or association organized under the laws of this State for the purpose of furnishing life indemnity or insurance upon the assessment plan, by its agents, to do any business in this State, or for any person to act within this State as agent in soliciting, procuring, receiving or transmitting any application for membership or insurance in or for or on behalf of any such corporation or association, unless such corporation or association shall be authorized to do business in this State and such agent licensed by the Comptroller-General as hereinafter provided. Corporation must have authority from this State. And agent be licensed. Sec. II. Be it further enacted , That any corporation or association organized under the laws of any other State of the United States for the purpose of furnishing life indemnity or insurance upon the assessment plan, or that is carrying on the business of life or accident insurance upon the assessment plan, shall receive from the said Comptroller of this State a certificate that it has complied with the provisions of this Act and is authorized to do business in this State whenever such corporation or association shall deposit with him a certified copy of its charter or articles of incorporation, a copy of its statement of business for the year ending the thirty first day of the next preceding December, sworn to by the president and secretary, or like officers thereof, setting forth the number and amount of certificates of membership or policies in force, and a detailed account of its expenditures, income, assets and liabilities, and also a certificate sworn to by the president and secretary, or like officers thereof, setting forth that it has paid and has the ability to pay its certificates or policies to the full limit named therein; that its certificates or policies are payable only to beneficiaries having a legal insurable interest in the life of the member or insured; that an ordinary assessment upon its members is sufficient to pay its maximum certificate of membership or policy theretofore issued, if any, or thereafter to be issued to residents of this State to the full amount or limit named therein; a certificate from the auditor, or other like officer charged with the duty of executing or enforcing the execution of the insurance laws of its home State, certifying that it is legally entitled to do business in its home State; a copy of the application for membership or insurance, and of each form thereof if more than one form is used; a copy of the form of certificate of membership or policy, and of each form thereof if more

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than one form is used; a copy of the constitution and by-laws and of each and every edition thereof, which must show that all indemnities to beneficiaries are in the main provided for by assessments upon all surviving members. Certificate from Comptroller. Certified copy of charter and statement of business. Ability to pay. How certificates payable. Assessments must be sufficient. Entitled to do business in home State. Forms of application, etc. Constitution and by-laws. Sec. III. Be it further enacted , That no such corporation or association mentioned in the preceding section shall transact any business in this State by an agent, unless it shall first file with the Comptroller a written instrument or power of attorney, duly signed, sealed and acknowledged, authorizing some person who is a resident of this State, to be named in such instrument or power of attorney, to acknowledge service of process for and on behalf thereof, which service shall be taken and held to be as valid as if served upon such corporation or association according to the laws of this or any other State; Provided that if such attorney shall die, be removed or resign, or cease to be a resident of this State, it shall be the duty of such corporation or association in like manner to appoint and designate another person, a resident of this State, to act as such attorney, within thirty days after being notified by the Comptroller of the vacancy in said office. Service of process provided for. New appointment. Sec. IV. Be it further enacted , That after authorizing such corporation or association to do business in this State, as provided in this Act, the Comptroller shall issue licenses to agents thereof, to be designated by the corporation or association, or a general agent thereof, authorizing them to act as such agents for the term of one year, but such licenses must be renewed annually. Licenses to agents. Sec. V. Be it further enacted , That whoever solicits, procures or receives in or transmits from this State any application, other than his own, for membership or insurance in any corporation or association embraced by the first section of this Act shall be deemed and held to be an agent of such corporation or association within the meaning of this Act. Who is agent. Sec. VI. Be it further enacted , That any person who shall transact any business for any corporation or association embraced by the first section of this Act, as an agent thereof within the meaning of this Act, without first procuring and having a license from the Comptroller to act as such agent, or after such license has been suspended or revoked, shall be deemed and held to be guilty of a misdemeanor, and shall be subject to arrest, and upon conviction for such offense shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. Penalty. Sec. VII. Be it further enacted , That any agent, physician or other person who shall knowingly secure or cause to be secured a certificate of membership on any person, without his knowledge or consent, or by means of misrepresentations, false, fraudulent or untrue statements, be instrumental in securing a certificate of membership on any aged or infirm person, or in restoring to membership any person not in an insurable condition, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than one hundred dollars nor more than one thousand dollars,

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or to be imprisoned in a county jail not less than thirty days nor more than one year, or both, in the discretion of the court, and said certificate or renewal so secured shall be absolutely void. Penalties on physicians, etc. Sec. VIII. Be it further enacted , That every corporation or association which may be doing business in this State, under the provisions of this Act, shall, on or before the first day of March in each year, after it commences to do business in this State, make and file with the Comptroller of this State a report of its affairs and operations during the year ending the 31st day of December next preceding. Such annual reports shall be made upon blank forms to be provided and furnished by the Comptroller, and shall be verified under the oath of the president and secretary, or other like officers, and shall be published, or the substance thereof, in his annual report by the Comptroller. Annual reports. Sec. IX. Be it further enacted , There shall be paid to the Comptroller by each corporation or association which may be authorized to do business in this State, under the provisions of this Act, the following fees, to wit: For filing charter or articles of incorporation, etc., when certificates of authority shall be first issued, and all licenses issued during the ensuing year, a fee of $100; for filing annual report and issuing licenses each year thereafter a fee of $100, said fees to be in full of fees for filing annual statement, licenses to agents and for certificates of compliance or authority. In addition to the above fees, every such corporation or association shall, on or before the first day of July in each year, report under oath of its president and secretary, or other like officers, to the Comptroller the gross amount received on new business done in this State at home office of such corporation or association during the year ending the 30th day of April next preceding, and shall at the same time pay into. the Treasury of this State a tax of one dollar upon each one hundred dollars of such gross amount so received by the home office of the said association or corporation. Said fees and taxes shall be in full and in lieu of all other State and county, town and city licenses, taxes and fees; Provided, however , that if such corporation or association should at any time be the owner of any real or personal property situated in this State, such property shall not be exempt from taxation by reason of the provisions of this section. Fees to Comptroller. Report of gross receipts. Tax. Proviso. Sec. X. Be it further enacted , That if such corporation or association shall at any time fail or refuse to make the annual report, or to pay the tax on the gross amount received by the home office as hereinbefore provided, the Comptroller shall forthwith suspend or revoke all authority to such corporation or association and all its agents to do business in this State, and shall publish such revocation in some newspaper published in this State, and may proceed to collect whatever sum of money may be due or owing on account of such tax by suit or action in the name of the State of Georgia against such corporation or association. Failure to report or pay tax.

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Sec. XI. Be it further enacted , That nothing in this Act contained shall apply to or be construed to require any fraternal or industrial societies by whatever name known, now organized or that may hereafter be organized in this State, to pay any license fee or tax or to make or file reports with the Comptroller, or to prevent the same from doing business in this State, when the money, benefit, charity, relief or aid is payable by the grand or supreme body of the same, and is derived from assessments upon subordinate lodges, councils or other bodies or their members. Not to apply to fraternal or secret societies, etc. 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 October 17, 1885. SALE OF ESTRAYS VALUED AT OR UNDER TWENTY DOLLARS. No. 437. An Act to provide for the sale of Estrays appraised at the value of twenty dollars or less, 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 whenever any stock taken up in this State as estrays shall be appraised at the value of twenty dollars or less, it shall be the duty of the taker-up to hand the description and appraisement provided by law, within the time prescribed, to the Justice of the Peace or Notary Public and ex officio Justice of the Peace in the district where taken up, instead of to the Ordinary, and to make before such Justice or ex officio Justice the prescribed affidavit; and it shall be the duty of such officer to order the sale of such estrays by the constable of the district, on the freehold where taken up, after ten days' notice at the door of the court-house of the county and at the place for holding Justices' Court in said district, and such sale shall take place pursuant to such order. Description and appraisement. Affidavit. Duty of officer. Notice. Sale. Sec. II. Be it further enacted , That the said Justice or ex officio Justice shall file the affidavit and appraisement and description in his office, and shall at once enter the case on his docket, together with the order of sale, and for the services thus rendered shall receive the sum of fifty cents. All claims of ownership of such property made before sale shall be made in such Justice's Court, under the same rules and regulations now provided for hearing the same before the Court of Ordinary, and the cost in such cases shall be the same as now provided by law for similar services in Justice's Court. Filing of papers, etc. Fees. Claims. Costs. Sec. III. Be it further enacted , That all the laws with reference to estrays now of force, and with reference to the isposition of the proceeds of sale, shall apply to the class of estray herein provided for, except in so far as the same are altered by this Act. General estray laws applicable. 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 October 17, 1885.

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LIEN UPON GET OF STALLIONS, JACKS, BULLS AND BOARS. No. 446. An Act to amend an Act entitled an Act giving to owners or keepers of stallions, jacks, and bulls or boars a lien upon the get of such stallion, jack, bull or boar, and provide for the enforcement thereof, approved September 26, 1883. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of same , That from and after the passage of this Act, the first section of the above recited Act be amended by striking the words thirty days, between the words within and after in the eleventh line and insert in lieu thereof the words six months, so that said section when thus amended shall read as follows: That from and after the passage of this Act, the owner or keeper of any stallion, jack, or blooded or imported bull and boar in this State shall have a lien upon the get thereof, for the service of such stallion, jack or blooded or imported bull and boar for the period of one year from the birth of such get, which lien shall be superior to all other liens, except the lien 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 six months after the performance of the service, and said Clerk shall keep a book in which all such liens are to be recorded, and said Clerk shall receive twenty-five cents each for recording such lien; Provided , said animals shall be kept by the owners thereof inclosed in their own pasture or otherwise. Lien to be recorded in six months. Book for registry. Fees. 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 October 19, 1885.

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PROVIDING FOR COLLECTION OF MUNICIPAL TAXES AND ASSESSMENTS. No. 454. An Act to authorize and empower municipal corporations in this State to issue executions for any debts due or to become due said corporations for taxes, water, rents, license fees and taxes of every kind, assessments for paving streets or lanes, for constructing and laying down sewers and drains, and for cleaning and repairing privy vaults, which executions may be levied by the City Marshal or other authorized officer of such city on the real estate of the person against whom such executions shall issue, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold at public outcry in manner pointed out in Act of the General Assembly, approved 27th day of February, 1877, entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, and all sales under such executions shall be made under regulations of said Act as to purchase by municipal corporations and redemption by owner after sale. Section I. The Senate and House of Representatives of the State of Georgia do enact , That any municipal corporation in this State shall have full power to and authority to enforce the collection of any amount due or to become due to it for paving streets or lanes or for laying sewers and drains or for cleaning, repairing privy vaults in such city by execution to be issued by the treasurer against the person or persons or corporation or corporations by whom any such debts may be due or may become due, which executions may be levied by the Marshal of such city on the real estate of the owners against whom such executions shall issue, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold at public outcry in manner pointed out in Act of the General Assembly, approved February 27, 1877, entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, and all sales made by such city under execution shall be made subject to the regulations of the said Act as to purchase by said corporation and redemption by owner after sale. May issue executions. Against whom Levied, how. Advertisement and sale. Sec. II. That all laws and parts of laws militating against this Act be and the same are hereby repealed. Approved October 19, 1885.

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Part II.Corporations. Title I.BANKS, INSURANCE, LOAN AND TRUST COMPANIES. Title II.RAILROADS AND CANAL COMPANIES. Title III.MISCELLANEOUS.

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TITLE I. BANKS, INSURANCE, LOAN AND TRUST COMPANIES. ACTS. Incorporating Commercial Bank of Rome. Incorporating Hiles Banking Company. Incorporating Georgia Mutual Insurance Company. Incorporating The Macon Fire Insurance Company. Incorporating Fort Gaines Warehouse and Banking Company. Incorporating Guarantee Fund and Mutual Aid Society, of Augusta, Georgia. Incorporating Georgia Mutual Insurance Company. Incorporating The Agricultural and Commercial Bank. Incorporating The Augusta Co-operative Fire Insurance Company. Incorporating The Rome Mutual Insurance Company of Georgia. Incorporating The Bank of North Georgia. Incorporating Guarantee Banking and Safe Deposit Company. Incorporating The Atlanta Loan and Banking Company. Incorporating The Commercial Bank of Waycross, Georgia. Incorporating The Mechanics and Traders' Bank. Amending the Charter of Macon Savings Bank. Incorporating The Athens Savings Bank. INCORPORATING COMMERCIAL BANK OF ROME. No. 36. An Act to incorporate the Commercial Bank of Rome, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That Benjamin I. Hughes, Joseph F. McGhee and Robert T. Fouch, and such other persons as may be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Commercial Bank of Rome, Georgia, to be located in the city of Rome, Georgia. Corporators. Name. Sec. II. Be it further enacted , That the capital stock of said bank shall be one hundred thousand dollars, with the privilege of increasing the same to the sum of three hundred thousand dollars whenever a majority of the share-holders may vote to increase the same, said stock to be divided into shares of one hundred dollars each. Capital stock. Value of shares.

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Sec. III. Be it further enacted , That when one hundred thousand dollars shall be subscribed and actually paid in in lawful money of the United States, and shall have been received by the commissioners provided for in this Act on account of subscriptions, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Commercial Bank of Rome, Georgia, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall be capable of receiving, purchasing and handling real and personal 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 said bank shall have power to make and use, renew and alter at pleasure a corporate seal, and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect the objects and purposes of this Act and the business of said corporation; Provided , said rules and regulations are not inconsistent with the laws of this State or of the United States. Organization. General corporate powers. Sec. IV. Be it further enacted , That said corporation shall have power to receive money on deposit, to loan and borrow money, to take and give therefor such securities as may be considered best, to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe-keeping and secure and profitable investments of its funds. Banking powers. Sec. V. Be it further enacted , That the total liabilities to said bank of any person, or of any company, corporation or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time 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 person negotiating the same shall not be considered as borrowed money. Restriction on power to loan. Sec. VI. Be it further enacted , That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to the surplus fund until the surplus fund shall amount to twenty per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors, and the capital stock and the surplus fund and all the assets of every kind shall be liable for any and all debts of the company, and in addition thereto the stockholders shall be individually liable for the debts of the company to the extent of one hundred dollars for each share of stock held by them. Dividends. Surplus funds. Liability for debts. Sec. VII. Be it further enacted , That the capital stock of said bank shall be divided into shares of the par value of one hundred dollars each, and the directors shall issue to each stockholder certificates of stock truly representing his or her interest in the company, and all

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sales and transfers of stock in said bank must, in order to be valid, be made on the books of the company by the owner of the stock or by his or her lawfully appointed attorney-in-fact. Certificates of stock. Sales and transfers of stock. Sec. VIII. Be it further enacted , That the business and corporate powers of said bank shall be exercised by a board of directors, consisting of not less than five and not more than nine persons, each of whom shall be a citizen of this State, and owner in his own name of not less than five shares of the stock of the bank, one of whom shall be elected president by the board of directors, and said board shall have power to elect a vice-president and cashier and such other officers as the interest and business of said bank may require, and shall declare by-laws for their government, fixing the number of directors and the days of meeting of said board and the salaries of the officers of the bank. Directors. Officers. Sec. IX. Be it further enacted , That the parties named in the first section of this Act, or their successors or assigns, shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place and for such amounts as they, or a majority of them, shall deem proper, but for no less amount than one hundred thousand dollars. The directors of said bank shall be elected by a majority in interest of the stockholders voting at an election, which shall be called by said commissioners within twenty days after they have collected the subscriptions made for the stock of said bank, and which said election shall be inspected by said commissioners, and when said board of directors shall have been thus elected, said bank shall be considered fully organized, and the money put into the capital stock shall be delivered to the board of directors, and thereafter a new board of directors shall be elected annually on such day as may be fixed by the board of directors. No election shall be valid when a majority of the whole stock is not represented, and in all elections for directors and in all questions that may come before any convention of shareholders, each share of stock shall entitle the owner to one vote. Books of subscription. Election of directors. Sec. X. Be it further enacted , That 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 under oath to the Governor of the State as are now required by law to be made. Sec. XI. Be it further enacted , That the rights and privileges granted by this Act shall be valid and remain in force and effect for the term of thirty years from the date of the approval hereof. Reports by President. Term of incorporation 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 December 20, 1884.

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INCORPORATING HILES BANKING COMPANY. No. 99. An Act to incorporate Hiles Banking Company, of Summerville, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thompson Hiles, E. N. Martin, E. W. Sturdevant, their associates and successors, be constituted a body corporate and politic under the name of the Hiles Banking Company, of Summerville, Georgia; to have a common seal; to receive deposits and to loan and invest the same; to issue certificates of deposits; to discount notes and drafts; to buy and sell bills of exchange; to sue and be sued; to hold and possess any species of property, and to sell and dispose of the same at pleasure, and to have full power to carry on a general banking business as a bank of deposit and discount. Corporators. Name. Corporate powers. Sec. II. Be it further enacted , That the capital of said bank shall not be less than fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding one hundred thousand dollars. This capital shall be a fund pledged for the security of deposits and payment of debts. Capital stock. Sec. III. Be it further enacted , That the shares of said stock shall be one hundred dollars for each share, and the stockholders shall vote at all meetings in proportion to the number of their shares. Value of stock. Vote of stockholders. Sec. IV. Be it further enacted , That the stockholders shall have the right to elect a president and a cashier, and such other officers as they may deem necessary for the efficient management and direction of their affairs, in accordance with the laws of said State, and through their properly constituted officers. They shall have power to do everything necessary and proper for the safe and successful management of said bank. Officers. Sec. V. Be it further enacted , That said bank may go into operation as soon as fifty thousand dollars of the capital stock shall be paid in. Organization. Sec. VI. Be it further enacted , That the said bank shall be responsible to its creditors to the full amount of its property, and the stockholders shall be individually liable for the ultimate payment of all debts of said corporation in proportion to the amount of stock subscribed in said bank by each stockholder. Liability of bank and stockholders. Sec. VII. Be it further enacted , That it shall be the duty of the president and cashier of said bank to lay before the stockholders semi-annual statements of the assets, liabilities and business of said bank on the first Monday of January and July, and shall make semiannual returns on oath to the Governor, as is now required by law. Reports of officers. Sec. VIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884.

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INCORPORATING GEORGIA MUTUAL INSURANCE COMPANY. No. 129. An Act to incorporate the Georgia Mutual Insurance Company. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That Allen D Candler, John B. Estes, Thos. P. Hudson, Robt. E. Green, Jas. W. Bailey, A. Rudolph, J. R. Boone, W. G. Henderson, R. Palmour, C. W. DuPree, S. C. Dunlap and J. H. Daniel, and their associates and successors, shall be a corporation under the name and style of the Georgia Mutual Insurance Company, with their principal office at Gainesville, Ga., and they shall have power to elect such officers and agents as in their judgment may be necessary to carry on the business of the corporation, at such time and in such manner as they may prescribe in their by laws, and shall enjoy all other privileges and powers incident to such corporations. Corporators. Name. Office. Election of officers. Sec. II. Be it further enacted , That at all meetings of said corporation every matter shall be decided by a majority vote, each person holding a policy for one year or more being entitled to one vote, and if his policy exceed one thousand dollars an additional vote for every thousand; Provided , that insurers under open policies shall be entitled to vote in proportion to the amount actually insured under their policies; and provided further , that no insurer under an open policy shall be entitled to more than ten votes, with the right of voting by proxy. Votes of policy-holders. Proviso. Sec. III. Be it further enacted , That said corporation may insure for any term, not exceeding ten years, any house, goods or other species of property against loss or damage by fire or water, such damage or loss not resulting from the carelessness, neglect or design of the party insured, and to any amount not exceeding three-fourths of the actual cash value of the property insured, and not exceeding ten thousand dollars on any one block of buildings or stock of goods. Powers to insure. Limitations. Sec. IV. Be it further enacted , That whenever said corporation shall make insurance on any property, the member so insured shall pay the required premium in cash or, at the option of the company, give his note or bond, well secured for the same, payable one day after date, and shall deposit with the treasurer of the corporation at least ten per cent. of said note, which shall be entered as a credit thereon, and the fund thus raised shall be applied to the ordinary expenses of the company, including the payment of policies on property damaged or destroyed by fire; and the directors of the company may at any time thereafter, when the liabilities of the company require it, collect such further sums as may be necessary by making assessments on said notes in proportion to the original

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amount of each note giving thirty-days' notice by mail to each member. Payment of premiums. Deposit fund. Further collections. Sec. V. Be it further enacted , That the said corporation shall not issue any policy of insurance till the sum subscribed to be insured shall amount to fifty thousand dollars. May begin business, when. Sec. VI. Be it further enacted , That whenever any person shall sustain any loss of the property insured by this corporation, he shall, within thirty days after his knowledge of said loss, and in case of real estate, before any repairs or alterations are made, give notice in writing of the same to some one of the directors, or other person appointed by the directors, whose duty it shall be to view immediately the premises where the loss occurred, or otherwise make satisfactory inquiry into the circumstances attending it, and under oath determine in writing, subscribed by him, the amount, if any, of the liability of said corporation for such loss; and if the sufferer shall not acquiesce in such estimate, he may, within sixty days after he is notified of such estimate, bring an action at law against said corporation. If in this action he shall not recover as damages more than the amount estimated as aforesaid, he shall be liable for all costs incurred in the suit, and execution shall issue against the corporation only for such an amount as may be allowed after deducting said costs of suit, but if the amount allowed be greater than the estimate, then the corporaaion shall be liable for all the costs of suit. Notice of loss. Examination by company. Suit for loss. Costs. Sec. VII. Be it further enacted , That the said corporation shall be entitled to hold such real and personal estate, to have and use a common seal, and to make and enforce such by-laws, not repugnant to the constitution and laws of the United States and of this State, as they may deem necessary. General corporate powers. Sec. VIII. Be it further enacted , That if any member of said corporation, obtaining insurance, or in case of his death his legal representative, shall refuse or neglect to pay any assessment within thirty days after the demand be made, or any installment on his deposit note, he shall be liable to a suit therefor by the corporation in any court of competent jurisdiction, and the liability of the corporation for the policy under which the payment is withheld shall be suspended until such payment is made, and if such payment is not made within six months, the said policy shall be, to all intents and purposes, forever forfeited. Suit for assessments. Liability to defaulting policy-holders. Sec. IX. Be it further enacted , That any three or more of the persons herein named as corporators shall have power to call the first meeting by advertising the same once a week for three weeks in one newspaper in the city of Gainesville. First meeting. Sec. X. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 29, 1885.

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INCORPORATING THE MACON FIRE INSURANCE COMPANY. No. 135. An Act to incorporate the Macon Fire Insurance Company. Section I. Be it enacted by the General Asembly of the State of Georgia, and it is hereby enacted , That R. E. Park. I. B. English, J. F. Hanson, J. M. Johnson, R. K. Hines, J. W. Burke, R. F. Lawton, J. W. Cabaniss, E. S. Wilson, T. D. Tinsley, H. T. Johnson, John R. West, W. W. Collins, W. H. Burden, A. B. Small, W. R. Singleton, W. L. Ellis, and their associates and successors, are hereby created a body politic and corporate by the name of the Macon Fire Insurance Company, and by that name shall be competent to sue and be sued; to purchase, hold and convey property of all descriptions; to make, have and use a comman seal, and generally to do any act necessary to carry into effect the objects of the corporation not inconsistent with the laws and constitution of this State or the United States. These corporators, or any five of them, are hereby appointed commissioners, whose duty it shall be to prepare a book of subscription for stock in said company, which book shall be by them kept open until the sum of one hundred thousand dollars of stock is subscribed for. Corporators. Name of corporation General corporate powers. Commissioners. Books of subscription. Sec. II. Be it further enacted , That the capital stock of this corporation shall be five hundred thousand dollars, to be divided into five thousand shares of one hundred dollars each, to be paid in by the subscribers thereto in such manner and at such times and place as the directors of such corporation, to be elected as hereinafter provided, may direct. So soon as subscriptions may have been received to said capital stock to the amount of one hundred thousand dollars, a majority of the persons named in the first section of this Act shall call a meeting of the subscribers to such stock for the purpose of organization; at this meeting they shall elect not less than five nor more than nine directors, as may be determined by them. The said directors shall thereupon elect from their own number a president, also a secretary, who need not be a director, but must be taken from the list of stockholders; 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 three 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 of director unless he owns not less than ten shares of the stock of said company. Capital stock. Value of shares. Organization. Election of officers. Power of directors. Eligibility of director.

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Sec. III. Be it further enacted , That the directors thus first elected shall hold office for such time as may be prescribed by the subscribers to the capital stock so convened as aforesaid and until their successors are elected. At all elections after the first, the directors shall hold office for the term of one year and until their successors are elected. The date of the annual meeting of the stockholders of the company for the election of directors and such other business as may be brought before it shall be fixed by the subscribers to the stock at the time of the organization, but may be changed at any stockholders' meeting. Special meetings of the stockholders may be called at any time by the directors; such notice of these meetings shall be given as the directors may prescribe. Terms of office. Annual meetings. Special meetings. Notice of meetings. Sec. IV. Be it further enacted , That at all meetings of the stockholders, those holding a majority of the stock on which there is nothing due to the company, under any call which may have been made by the directors, shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock held by him. Such stock may be represented by proxy, but no one, not a stockholder, shall be capable of holding such proxy. Quorum of stockholders. Their vote. Sec. V. Be it further enacted , That the principal office of said company shall be in the city of Macon, Georgia, but it may do business and establish branch offices and agencies at any place or places in this State or in the United States. Principal office. 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 one hundred thousand dollars in money shall be paid to said company on account of subscriptions to stock, then, and not before, the said corporation, under the name of the Macon Fire Insurance Company, shall have authority to insure against losss 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, and as far as possible the by-laws shall provide that no amount of insurance over five thousand dollars be placed upon one average fire risk of building or stock of merchandise, etc. The 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. Payment of stock-subscriptions. Authority to insure. Amount of one risk. Policy in writing. How signed. Sec. VII. Be it further enacted , That the directors shall have power to fix the form of 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

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corporation. A majority of the board of directors shall constitute a quorum. Certificates of stock. By-laws. Quorum of directors. 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 Macon at such time and place as the directors may prescribe. Suit against defaulting stockholders. Sale of forfeited stock. New certificate to purchaser. Place of sale. Sec. IX. Be it further enacted , That the corporation shall be responsible to the creditors of the corporation to the extent of its property. Liability to 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 re-insurance fund, shall be applied to the balance due on stock-subscriptions or distributed as a dividend among the stockholders as the directors may order. After the subscriptions to stock have been paid up in full, all such increase shall be distributed among the stockholders as a dividend. The manner of declaring such dividend and the time and place of payment shall be entirely within the control of the directors. They shall also have the power to give the holders of policies of said company the right to participate in the net profits of the company to such an extent, in such manner and upon such terms as they may deem proper. Disposition of increase and accumulations. Dividends. Participation by policyholders. Sec. XI. Be it further enacted , That this Act shall take effect from and after its passage, and that all conflicting laws are hereby repealed. Approved August 29, 1885.

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INCORPORATING FORT GAINES WAREHOUSE AND BANKING COMPANY. No. 149. An Act to incorporate and charter the Fort Gaines Warehouse and Banking Company, and for other purposes therein mentioned. 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 J. E. Peterson, R. A. Turnipseed, W. J. Greene, E. D. Adams, S. D Coleman, A. L. Foster, J. W. Grundey, J. R. Simpson, C. L. Laney, Joe Vinsen and E. Loeb, and their associates and successors, are hereby constituted a body politic and corporate under the name of the Fort Gaines Warehouse and Banking Company, with power by this name to sue and be sued; to have and use a common seal, should they desire so to do; to make and alter such by-laws as they may deem necessary for the business; to hold such real estate or personal property as may be convenient to said warehouse and banking company in payment or satisfaction of any debt which may be due to them or as may be mortgaged or pledged to said warehouse and banking company to secure any debt which may be owing to them; to receive deposits of money and other valuables and issue certificates therefor; to loan and borrow money; to discount and sell bonds, stocks and securities generally, bills of exchange and promissory notes; to do a general warehouse and banking business; to buy and sell such property as may be to the interest of said corporation in conducting said business, and for this purpose to receive and execute such receipts, contracts or other instruments of writing as may be necessary; Provided , that no member of the board of directors shall be permitted to become indebted to same in excess of ten per cent. of its capital stock, either as maker or endorser, guarantee or security, or in any other capacity, nor shall the aggregate liability of all the directors exceed one-tenth of the capital stock of said bank in either of the capacities herein-before stated. Corporators. Name of corporation General corporate powers. Banking powers. General business. Indebtedness by directors. Sec. II. Be it further enacted , That J. E. Peterson is authorized and empowered to open books at such place as he may deem proper for subscription to the capital stock until the capital stock as authorized by this Act has been subscribed. Books of subscription. Sec. III. That the capital stock of said company shall be ten thousand dollars, with privilege of increasing to twenty thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be ten thousand dollars of said capital subscribed and five thousand dollars of the same paid in lawful money of the United States, said company may organize and proceed to business under this Act. Capital stock. Value of shares. Beginning business.

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Sec. IV. That the business of said company and their corporate powers shall be exercised by a board of not less than six directors, who shall elect from their number a president, and may elect such person as they see proper cashier, and all other officers and clerks necessary for the transaction of their business. Directors. Officers. Sec. V. That the principal office of said corporation shall be located in the city of Fort Gaines, with privilege to establish agencies in such other places as they may deem best. Principal office. Other agencies. Sec. VI. Be it further enacted , That said corporation shall be liable to its creditors to the full extent of its 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, except that as to depositors the stockholders shall be liable to the whole extent of their individual property. Liability to creditors. Liability of stockholders. 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, 1885. INCORPORATING GUARANTEE FUND AND MUTUAL AID SOCIETY, OF AUGUSTA, GEORGIA. No. 156. An Act to incorporate the `Guarantee Fund and Mutual Aid Society, of Augusta, Georgia. 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 the authority of the same , That Charles W. Harris, Patrick Walsh, Charles E. Coffin and Eugene J. O'Conner, their associates and successors, are hereby constituted a body corporate by the name of the Guarantee Fund and Mutual Aid Society, to be perpetual, for the purpose of insuring the lives or persons, or both, of its members, either against death or accident, or both, for the benefit of themselves, their widows, orphans, heirs, legatees or assigns, and under its said name the said society shall be entitled to hold real estate and personal property to any amount necessary for the purposes of the same; to sell or exchange the same as the interest of the said society may seem to require; shall have power to sue and be sued; to plead and be impleaded; to have and use a common seal, and to break, alter and renew the same at pleasure; to create State, county, municipal or other departments, and to provide for the proper management and control of the same; to ordain, establish and put into execution such by-laws, rules and regulations as shall seem necessary or convenient from time to time for the management and

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control of said society and its business, not contrary to the laws or constitution of this State or of the United States, and generally to do all acts and things as shall appertain to or be necessary for the carrying into effect the objects and purposes of said society. Corporators. Name of corporation. Its objects. General corporate powers. Sec. II. The principal office of said society shall be organized and located in Augusta, in this State, but it may be removed thereafter by a majority vote of its members present, in person or by proxy, at a regular meeting of the society, and upon the call of one or more of the hereinbefore mentioned incorporators, the said incorporators, or a majority of them, may meet and organize the said society by electing therefor not less than five nor more than nine directors, who shall have the management and control of the said society and its affiairs until their successors in office shall be chosen and qualified, and the directors so elected shall of their own number as principal officers of said society elect a president and vice-president. The president shall appoint, subject to the approval of the directors, a secretary and treasurer, who may or may not be one of the directors, or one and the same person, and such other officers or agents as may be deemed necessary for the transaction of the business of the said society may be appointed in like manner. Principal office. Its removal Organization. Directors. Officers. Sec. III. There may be created two classes of membership of said society, to be known and called The Industrial or Class A, and The Mercantile or Class B. The fees and terms of admission to each class shall be fixed by the by-laws of said society, and the assessments for the mortuary and guarantee funds of each class shall be levied and kept separate and apart from each other and from all other funds of the said society. Classes of membership Sec. IV. The said society shall have power to issue certificates of membership in the sums of from one hundred to one thousand dollars in its Industrial or Class A, and also in sums of from one thousand to ten thousand dollars in its Mercantile or Class B, entitling the beneficiary named therein to receive such sum upon the death of or accident to the member named in the certificate as may be collected by levying an assessment therefor upon the entire membership in good standing of the class to which the deceased or injured member belonged, not exceeding the full amount named in the certificate of said deceased or injured member, but in no event shall the said beneficiary be entitled to receive more than the amount collected by one assessment upon all the members in good standing in his or her class at the time of the death of or accident to the said member, unless a deficiency assessment is made as hereinafter provided. Certificates of membership. Sec. V. There shall be three separate and distinct funds collected from the members of each class of said society, to be known as the mortuary fund, the guarantee fund and the expense fund. The mortuary fund shall be created by an assessment collected from the members of either class at the time of the death or accident to a member thereof, and graded according to the age of each member so assessed, as may be provided by the by laws of said society, and

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in the manner therein prescribed, and should there at any time be a deficit in said fund, thereby preventing payment in full of the claim of any such deceased or injured member of said society, before the guarantee fund shall be available to meet such deficit as hereinafter provided, the said society may levy a deficiency assessment pro rata on all members in good standing in the class in which such deficiency may occur. The said mortuary fund shall only be applicable or liable for the payment of benefits accruing from death or accident among members of said society for taxes that may be assessed against said fund for the necessary cost of management and control thereof, and for the costs and expenses of suits incurred in protecting said society against suspected fraudulent claims to such benefits. Distinct funds. Their names. Guarantee Fund. Liabilities of mortuary fund. Sec. VI. The guarantee fund for the Industrial or Class A shall be limited to one hundred thousand dollars, and shall be created by an assessment upon its members of not exceeding one dollar in all on each one hundred dollars that each member may be insured for, and at such time or times and in such manner as may be fixed by the by-laws of said society. Limit of guarantee fund of Class A. Sec. VII. The guarantee fund of the Mercantile or Class B shall be limited to one million dollars, and shall be created by an assessment upon its members of not exceeding ten dollars in all on each one thousand dollars that each member may be insured for at such time or times and in such manner as may be fixed by the by-laws of said society. Guarantee fund of Class B. Sec. VIII. The guarantee fund of each class shall, when collected, be placed in the hands and custody of a trustee appointed by the directors and approved by the Insurance Commissioner of this State, and said trustee shall, with the approval of the directors, invest said fund in United States bonds, Georgia State bonds, city of Augusta bonds, Atlanta bonds, or such other securities as insurance companies and savings banks of this State, or of other States in which said society may do business, are allowed to invest. The said trustee shall hold all such funds sacred and inviolate, and pay them out only for the following purposes: First . The directors of said society, with the approval of the Insurance Commissioner, may at any time remove said trustees and appoint others in their place, in which case the retiring trustee shall at once pay over, less reasonable charges and expenses for the management and control of said fund, the entire trust fund they may hold at the time of their removal to the directors of said society, who shall immediately place the same in the hands and custody of the succeeding trustee. Second . When twenty-five per centum of the entire guarantee fund of either class shall have been collected and paid into the hands of said trustee, the said trustee shall then commence and pay over semi-annually hereafter the interest on the said fund to the directors of said society, who shall apply the same as a dividend to reduce the mortuary assessments of all members in good standing who shall have completed their payments in full to the guarantee

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fund four years prior thereto. Third . Whenever the guarantee fund in either class shall amount to the limit hereinbefore provided for, the said trustee shall then pay over semi-annually thereafter to the directors of said society the entire interest of the fund, and the said directors shall apply the same, together with all subsequent receipts for said guarantee fund, as a dividend to reduce the mortuary assessments of all members in good standing who shall have completed their payments in full to the guarantee fund four years prior thereto. Fourth . If at any time after the guarantee fund of either class shall have reached twenty-five per centum or more of the entire amount to which the fund for each class is limited, the said society shall fail, by reason of insufficient membership, to pay the maximum indemnity provided for by the terms of any certificate issued by said society, in either class, and such certificate shall be presented for payment to said trustee by the legal holder thereof, accompanied by either a certificate properly and legally executed by the president or secretary of said society that the claim is justly and legally due and that payment thereof has been demanded and refused, or the duly attested copy of a final judgment obtained thereupon in any court of competent jurisdiction, satisfaction of which has been neglected or refused for the period of sixty days from its date, then said trustee shall proceed to at once convert the said guarantee fund of whichever class the default may have occurred in into money and divide the same, less the reasonable charges and expenses for the management of the said fund among all the holders of certificates then in force in said class so defaulting, and in such an event the directors shall file with said trustee a correct list under oath of the names, residences and amounts of each of the certificates of all members entitled to participate in such division. Fifth . Should there be any remainder of said fund left in the hands of the said trustee after the payment of all the said certificates in full, the same shall be paid over to the directors, less the reasonable charges and expenses for the management of said fund. Custody of guarantee fund. Its investment. Payments therefrom. Removal of trustee. Interest on the fund. How applied. Dividends from. Division of guarantee fund. Disposition of surplus. Sec. IX. The expense fund of said society shall accrue from and consist of the membership fees and annual dues collected from members of each class in such sums, at such times and in such manner as shall be provided for by the by laws of said society, and the members thereof shall have no interest in said sum, and all the expenses and claims upon or against said society, except the death and accident benefits, taxes, costs and other payments and expenses specified in sections 5 and 8 of this Act, shall be paid out of said expense fund. Expense fund. Sec. X. Applications for membership in either class of said society shall designate the beneficiary of the benefit to accrue on his or her death, or by reason of accident to himself or herself; Provided , such beneficiary shall have an insurable interest in the life or person of the assured, and if the beneficiary be other than the assured, the benefit shall not be liable for any debts of such member. Any

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member who shall fail to pay his or her assessments or annual dues, or make his or her deposit to the guarantee fund as may be provided by the by-laws, shall forfeit membership in said society, and in such case his or her certificate shall become null and void, and, together with all moneys paid on account of such membership, shall be forfeited to said society, and no benefit whatever shall accrue or be payable to any person upon the death of or accident to such a member. All benefits accruing by death or accident among members shall be payable at the principal office of said society within ninety days after the receipt of satisfactory proofs of such death or accident, and should payment of any such benefits be refused, an action or suit for the recovery thereof can only be commenced within twelve months next after the death of or accident to said member. Applications for membership. Insurable interest. Forfeiture of membership. Payment of benefits. Proof of loss. Suit for loss. Sec. XI The number of directors of said society, the tenure and terms of office, the mode of filling vacancies therein, the manner and time of calling meetings thereof, the amount of mortuary assessments, membership fees, annual dues, and the time and manner of collecting the same, and all other matters pertaining to the business and objects of said society, not inconsistent with this Act or contrary to law, may be fixed in and regulated by the by-laws of the same, and the said society being of a purely benevolent character, it shall not be subject to the laws of this State governing regular life insurance companies, except as herein provided, and shall be exempt from all State, county or municipal taxes and license fees, except it shall pay State, county and municipal taxes on all real estate and other property owned by it the same as paid by private individuals. By-laws. Exemption from certain insurance laws And taxes. Sec. XII. The secretary of said society shall have charge of and he be responsible for the records, books and collections thereof. The treasurer shall have charge of the funds of said society, and shall deposit the same in such bank or banks as may be approved by the directors, and the same shall only be drawn for by checks or drafts signed by one of the principal officers jointly with himself. The secretary and treasurer shall also be required to execute good and sufficient bonds to secure the faithful performance of their duties and application of the funds which may come into their respective hands, which bonds shall be approved by the directors and the Judge of the Superior Court of the county in which the principal office of the said society may be located, and none of the incorporators, officers or members of said society shall be otherwise liable for its debts. Powers and duties of secretary. Of treasurer. Funds, how drawn from bank. Bonds of secretary and treasurer. Liability for debts. Sec. XIII. On or before the first Monday in January in every year, except the first January after the year in which this society may be organized, or within sixty days thereafter, it shall be the duty of the officers of the same to make a sworn statement of the condition of the mortuary and guarantee funds of the said society, showing the receipts and disbursements of the same and the balance thereof, if any, remaining on hand for the fiscal year ending the thirty-first day of December next preceding, and submit such statement

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to the Insurance Commissioner of this State, and it shall be the duty of said Insurance Commissioner to verify or cause the same to be verified, and to place said statement on file in his office, and he shall be entitled therefor to a reasonable feenot exceeding one hundred dollars per annumto be paid by the said society. Reports of officers. Sec. XIV. This Act shall take effect from and after its passage. When to take effect. 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 4, 1885. INCORPORATING THE GEORGIA EMPIRE MUTUAL INSURANCE COMPANY. No. 158. An Act to incorporate the Georgia Empire Mutual Insurance Company. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That Chester M. Clark, J. Gadsden King, John H. Glover, Alex. C. King, Howard Van Epps, their associates and successors, are hereby constituted a body corporate by the name of the Georgia Empire Mutual Insurance Company of Georgia, and by such name shall have perpetual succession, and shall be capable to sue and be sued; to have and use a common seal, and to break and alter the same at pleasure, and make such by-laws, rules and regulations as may be requisite for the government of said corporation, not inconsistent with their charter, the constitution and laws of Georgia and the constitution of the United States; to hold, purchase and own real and personal property, including stocks, bonds, bills or notes to any extent that may be necessary for its purpose, and to sell and exchange the same at pleasure; hold on deposit and borrow money and to loan the same and take and give such securities therefor as it may deem best, and do all other acts and things which may pertain to and be expedient for the well-being of said company. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That said company shall have the power to make all manner of insurance on property of every kind against loss or damage by fire, water, marine hazard, tornado or lightning, and also to make re-insurance of like risks or hazards. Insurance powers. Sec. III. Be it further enacted by the authority aforesaid , That the members of said company shall be the policy-holders therein, and that they shall vote at all meetings of members in person or by proxy; Provided , that no person shall be a proxy who is not also a member of this company. Votes of policy holders.

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Sec. IV. Be it further enacted by the authority aforesaid , That the first board of directors shall be the persons named above as incorporators, or any three (3) or more of them who shall accept this charter, who shall hold office until their successors are elected and qualified; said board may fill vacancies in their own body; that the first meeting of the members shall be held at such time, within six months from the date of the organization of said company, as said board of directors shall appoint. First board of directors First meeting of members. Sec. V. Be it further enacted by the authority aforesaid , That the board of directors after the first shall consist of not less than three (3) or more than nine (9) members, who shall also be members of this company; that said board, including the first, shall have the power to make all necessary by-laws, rules and regulations for the government of the company, and from their number to elect a president and secretary and such other officers as they may see fit, and to generally see to and manage the affairs of said company. Number of directors. Power of. Officers. Sec. VI. Be it further enacted by the authority aforesaid , That said board of directors may provide for the taking either of cash or notes or cash and notes in payment of the premiums due on the policies of said company, said notes not to exceed five times the amount of premium so taken, which notes shall be a first lien on the property so insured, but shall not be collected except to pay losses or expenses, or a deficiency in the re-insurance fund, and such cash and notes shall constitute the capital of said company. Payment of premiums. Lien of notes. Capital of company. Sec. VII. Be it further enacted by the authority aforesaid , That upon written notice given by any two of said corporators to their fellows, they may meet and organize by the election of officers, and said company may then commence business. Organization. Sec. VIII. Be it further enacted by the authority aforesaid , That the board of directors may accumulate from the net profits of the company such a reserve fund as they may deem proper for the security and business of said company, and shall from said net profits, after paying all expenses and providing for their re-insurance fund and reserve, distribute the surplus among the members of said company as a dividend, and pay the same either in cash or scrip, as they may deem most advisable; Provided , however, that no person who shall at any time cease to be a member of said company shall have any claim or demand, right, title or interest in or to any undivided profit of said company not declared as a dividend or the increase thereof by reason of such past membership. Reserve fund. Dividends. Sec. IX. Be it further enacted by the authority aforesaid , That should said board of directors so determine, they may, as a security for said company, open books of subscription to a capital stock of one hundred thousand dollars, with the privilege of increasing the same, but should they do this, then said stockholders shall be the members of said company, entitled to elect said board of directors and exercise all rights of members mentioned herein instead of said policy-holders; Provided , however that said board, from the net earnings as aforesaid, may, in their discretion, allow

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said policy-holders such participation in profits as they may deem proper; and Provided , however, that at least one hundred thousand dollars of said stock shall be actually paid up in cash, stocks and bonds, estimated at their actual market value, or mortgages on real estate worth double the amount for which the same is mortgaged, as specified in section 2844 of the Code, before said company shall proceed with its business either as a mutual or stock company. Books of subscription. Rights of stockholders. Their participation in profits. 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 September 4, 1885. INCORPORATING THE AGRICULTURAL AND COMMERCIAL BANK. No. 159. An Act to incorporate the Agricultural and Commercial Bank of Jackson. Section I. Be it enacted , That D D. Peden, M. V. McKibben, W. M. Mallett, Leroy H. Moore, A. H. Smith, J. H. Huddleston, F. S. Etheridge, and such other persons as may be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of The Agricultural and Commercial Bank, to be located in the town of Jackson. Corporators. Name of corporation 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 forty thousand dollars of said capital stock subscribed and fifty per cent. of the forty 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. Value of shares Organization. Sec. III. Be it further enacted , That when the subscriptions authorized in the second section of this Act shall amount to forty thousand dollars in 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 of continued succession, under the name of the Agricultural and Commercial Bank of Jackson, and that by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall be capable of receiving and purchasing, holding real and personal property, so far as may be necessary for the safe and convenient

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prosecution of the business of said bank as a bank of deposit and discount, and said bank shall have power to make and use, renew and alter at pleasure a corporate seal, and do all things necessary and 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. General corporate powers. Sec. IV. Be it further enacted , That said corporation shall have power to receive money of deposit; to loan and borrow money; to take and give therefor such security as may be considered best; to purchase and discount notes and bills of exchange, and do all other acts it may deem advisable for the safe-keeping and secure and profitable investments of its funds. Banking powers. Sec. V. Be it further enacted , That the total liabilities to said bank of any person or of any company, corporation or firm for money borrowed, including the liabilities of a company or firm, the liabilities of the several members thereof, shall at no time 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 person negotiating the same shall not be considered as borrowed money; Provided , that no member of the board of directors shall be permitted to become indebted to same in excess of ten per cent. of its capital stock, either as maker or endorser, guarantor or security, or in any other capacity, nor shall the aggregate liability of all the directors exceed one-tenth of the capital stock of said bank in either of the capacities hereinbefore stated. Limit of liabilities. Of liability to directors. Sec. VI. Be it further enacted . That the directory of said bank may semi-annually declare a dividend of so much of the net profits as they shall deem expedient, 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 per cent. of its capital stock paid in, but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid in capital, and said capital stock and surplus and assets of every kind shall be liable for any and all debts of the company, and in addition thereto the stockholders shall be individually liable for any debts of the company to the full extent of their unpaid shares; that said bank shall be responsible to the creditors of the same to the full extent of its 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, and to depositors the stockholders shall be liable to the whole extent of their individual property, and the rights and privileges hereinbefore granted shall be valid and in effect for thirty years. Dividends. Surplus fund. Liability to creditors. Sec. VII. 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 said stockholder to the company,

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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 the stock in said bank must, in order to be valid, be made on the books of the company by the owner of stock or his lawful appointed attorney in fact. Certificates of stock. Transfer of stock. Sec. VIII. Be it further enacted , That the business and corporate powers of said bank shall be exercised by a board of directors, not less than five nor more than nine, each one being a citizen of this State and owner in his own name of not less than ten shares of said stock, one of whom shall be elected president; said board shall have power to elect a vice-president and cashier and such other officers as the interest of the business of said bank may require, and shall declare by-laws for their government, fixing the number of directors, and the days of meeting of said board, and the salaries of its officers. Directors. Officers. By-laws Sec. IX. Be it further enacted , That the parties named in the first section of this Act, or their successors or assigns, shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place and for such amounts as they or a majority of them shall deem proper, but for no less amount than forty thousand dollars. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners, at such place as they may designate, within twenty days from the closing of the subscription called for by them and on the second Tuesday in January in every year thereafter. No election shall be valid when a majority of the whole stock 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 of stock shall entitle the owner to one vote, and it shall be the duty of the president or cashier 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 under oath to the Governor of this State as are now required by law to be made. Books of subscription. Election of directors. Votes of stockholders. Reports of officers. Sec. X. Be it further enacted , That the municipal authorities of the town of Jackson shall have no power to levy any tax upon the capital stock or shares of said bank, except an ad valorem tax upon its real estate in said town, for the space of ten years from the passage of this Act. Exemption from taxes 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, 1885.

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INCORPORATING THE AUGUSTA CO-OPERATIVE FIRE INSURANCE COMPANY. No. 253. An Act to incorporate the Augusta Co-operative Fire Insurance Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an insurance company shall be established with the principal place of business in the city of Augusta, in this State, and that Samuel P. Weisiger, Frank G. Ford, Alexander J. Gonley, James L. Fleming, Charles E. Coffin, Matthew Rice, William C. Jones, George Adam, John Dorcher, C. H. Octjen, John J. Cohen, Clement A. Evans, John L. Maxwell, Eugene J. O'Connor and James L. Gow, and any other persons whom they may associate with themselves, are hereby created a body corporate, with their associates and successors, under the name of the Augusta Co-operative Fire Insurance Company, and by that name they may have, hold, purchase, receive, possess, sell and convey property of all kinds, sue and be sued, plead and be impleaded, have and use a common seal, make and enforce by laws, rules and regulations for the effectual management of their business, and do all other lawful acts necessary and proper to carry into effect the objects of this corporation. Place of business. Corporators Name of corporation. General corporate powers. Sec. II. Be it further enacted , That said corporation shall be managed by a board of seven directers, to be elected annually by the corporation, each of whom shall be a member of the corporation and shall hold office until their successors are chosen and qualified. Five of said directors shall be a quorum. The directors shall elect a president and vice-president of the company from their own members, and also a secretary and treasurer from the members of the company, all to serve twelve months; the directors may appoint other officers and agents, fill vacancies in their own body, have general management of all the affairs of the company and exercise all its powers, subject to the rules and regulations of the company. Directors. Officers. Sec. III. Be it further enacted , That said company shall have power to insure against losses by fire on all kinds of property, real, personal and mixed, also against the hazards of ocean and inland navigation or transportation of every kind for such premiums as it may determine, and said corporation shall be liable to make good and pay to the several persons who may insure in said corporation for the loss they may sustain in accordance only with the terms of the contract or policy issued by said corporation, and no contract or policy shall be binding, except it be signed by the president, or in his absence by the vice-president, and also by the secretary of the company. Said company shall have power to do said general fire insurance business; to receive money on deposit; to loan and borrow money; to take and give securities therefor; to invest its money and

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transfer its property; to purchase and discount notes and bills of exchange; to make re-insurances in other companies of any risks or parts of risks that may be taken by them, and to do all other acts it may deem proper for the safe-keeping and secure investment of its assets and the transaction of its business. All bills, bonds and promissory notes, payable at the office of said company, shall have the same legal effect and be subject to all legal proceedings as if made payable to any bank in this State; Provided , that nothing herein contained shall authorize said corporation to issue any note or bill to circulate as money, or to collect a greater rate of interest on loans than is allowed by law. Insurance powers. Policies. Banking powers. Re-insurance. Proviso. Sec. IV. Be it further enacted , That every person or corporation insured in this company shall be, during the continuance of that insurance, a member of said company as long as said member shall conform to its rules and regulations. Every such member on entering said company, shall pay to the treasurer the premium at which he shall be assessed on his policy of insurance, and in no case shall any member be personally liable for the debts of the company for more than one-tenth the amount of his insurance. Every member has the right to withdraw from this company at any time, in which case, after his dues have been paid, besides deducting ten per cent. for the reserve fund the residue, if any, shall be paid back to him. Every member shall be assessed annually for the amount of his portion of the expenses current, and also of his quota to the reserve fund, to-wit, ten per cent. on the amount of his premium. Every member shall be entitled to so much of his premium as shall remain to his credit after all assessments have been paid, and shall have the right to assign his policy only with the consent of the board, which assignment shall be recorded on the books of the company. Members of the company. Payment of premiums. Liability of members. Right of withdrawal Assessments. Assignment of policy. Sec. V. Be it further enacted , That in case of fire or accident, the board shall ascertain the amount of damages, and shall assess all members according to amounts and rates of their insurance, and give one month's public notice thereof, within which time it shall be paid to the treasurer. Every member who fails to pay his assessment shall thereby forfeit his premium, and his insurance shall be cancelled and he be debarred from membership in the company. The residues of forfeited premiums shall be applied to the reserve fund. Payment of losses shall be made in 60 days after the loss shall have been ascertained, and in case of difference of opinion as to damage or loss between the board and any insurer sustaining damage, the same shall be left to the decision of three arbitrators, one chosen by the directors, one by the member and these two shall choose the third. Any suit against the company for recovery upon any policy must be commenced in ninety days after the damage or loss occurred or otherwise be barred. Payment of losses. Forfeitures Arbitration of losses. Suits. Sec. VI. This company shall not go into operation until one hundred members have subscribed, and shall cease when the number of members are less than one hundred. Said company shall be

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responsible to its creditors to the extent of its property, and there being no stock subscriptions and no dividends in this company, but being mutual in its character, the personal liability of any member for the debts of the company shall not be more than one-tenth the amount of his insurance. Organization. Liability of company to creditors Of members. Sec. VII. Be it further enacted , That this charter shall be of force for thirty years. The president and secretary shall make to the Governor under oath semi-annual returns showing the true and full condition of its affairs. Term of charter. Sec. VIII. Be it further enacted , That all laws and parts of laws contrary to this Act be, and the same are hereby repealed. Approved October 6, 1885. INCORPORATING THE ROME MUTUAL INSURANCE COMPANY OF GEORGIA. No. 281. An Act to incorporate the Rome Mutual Insurance Company of Georgia, with the usual powers and privileges, 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 Daniel S. Printup. S. H. Howell, John H. Reynolds, W. P. Simpson, Samuel Morgan, George C. Whatley, C. D. Forsythe, Joseph J. Printup, and their associates, or any five of them, and their associates and successors, shall be a corporation under the name and style of the Rome Mutual Insurance Company of Georgia, with their principal office at Rome, Georgia, and they shall have power to elect such officers and agents as in their judgment may be necessary to carry on the business of the corporation, at such time and in such manner as they may prescribe in their bylaws, and shall enjoy all other privileges and powers incident to such corporations. Corporators. Name of corporation. Principal office. General corporate powers. Sec. II. Be it further enacted , That at all meetings of said corporation, every matter shall be decided by a majority vote, each person holding a policy for one year or more being entitled to one vote, and if his policy exceeds one thousand dollars, an additional vote for every thousand; Provided , that insurers under open policies shall be entitled to vote in proportion to the amount actually insured under their policies; and provided further , that no insurer under an open policy shall be entitled to more than ten votes, with the right of voting by proxy. Votes of policy holders. Proviso. Sec. III. Be it further enacted , That said corporation may insure for any term not exceeding ten years any house, goods or other species of property against loss or damage by fire or water, such damage or

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loss not resulting from the carelessness, neglect or design of the party insured, and to any amount not exceeding three-fourths of the actual cash value of the property insured and not exceeding ten thousand dollars on any one block of buildings or stock of goods. Insurance powers. Sec. IV. Be it further enacted , That whenever said corporation shall make insurance on any property, the member so insured shall pay the required premium in cash, or, at the option of the company, give his note or bond, well secured for the same, payable one day after date, and shall deposit with the treasurer of the corporation at least ten per cent. of said note, which shall be entered as a credit thereon, and the fund thus received shall be applied to the ordinary expenses of the company, including the payment of policies on property damaged or destroyed by fire, and the directors of the company may at any time thereafter, when the liabilities of the company require it, collect such further sums as may be necessary by making assessment on said notes in proportion to the original amount of each note, giving thirty days' notice by mail to each member. Payment of premiums. Disposal of funds. Assessments. Sec. V. Be it further enacted , That the said corporation shall not issue any policy of insurance till the sum subscribed to be insured shall amount to fifty thousand dollars. Beginning business. Sec. VI. Be it further enacted , That whenever any person shall sustain any loss of the property insured by this corporation, he shall, within thirty days after his knowledge of said loss, and in case of real estate, before any repairs or alterations are made, give notice in writing of the same to some one of the directors, or other person appointed by the directors, whose duty it shall be to view immediately the premises where the loss occurred, or otherwise make satisfactory inquiry into the circumstances attending it, and under oath determine in writing subscribed by him the amount, if any, of the liability of said corporation for such loss, and it shall be the duty of such company to pay, or offer to pay said amount within fifteen days thereafter, and if the sufferer shall not acquiesce in such estimate, or accept the sum tendered, he may, within the ordinary statute of limitations, after he is notified of such estimate, bring an action at law against said corporation. Notice of loss. Determination of loss. Payment of loss. Suit for. Sec. VII. Be it further enacted , That the said corporation shall be entitled to hold real and personal estate, to have and use a common seal, and to make and enforce such by-laws, not repugnant to the constitution and laws of the United States and of this State, as they may deem necessary. Power to hold property, etc. Sec. VIII. Be it further enacted , That if any member of said corporation, obtaining insurance, or in case of his death his legal representative, shall refuse or neglect to pay any assessment within thirty days after the demand be made, or any installment on his deposit note, he shall be liable to a suit therefor by the corporation in any court of competent jurisdiction, and the liability of the corporation for the policy under which the payment is withheld shall be suspended until such payment is made, and if such payment is

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not made within six months, the said policy shall be, to all intents and purposes, forever forfeited. Defaulting members. Sec. IX. Be it further enacted , That any three or more of the persons herein named as corporators shall have power to call the first meeting by advertising the same once a week for three weeks in one newspaper in the city of Rome. First meeting. 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 October 7, 1885. INCORPORATING THE BANK OF NORTH GEORGIA. No. 323. An Act to incorporate the Bank of North Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That John W. Rounsaville, James A. Rounsaville, Thomas L. Robinson, R. T. Fouche', T. F. Harrell and E. T. McGhee, and such other persons as may be associated with them, and their successors and assigns, are hereby constituted a body corporate and politic under the name and style of the Bank of North Georgia, to be located in the city of Rome, Floyd county, Georgia. Corporators. Name of Corporation. Sec. II. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be one hundred thousand dollars of said capital stock subscribed and thirty thousand dollars thereon actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Value of shares. Organization. Sec. III. Be it further enacted , That when the subscription authorized in the second section of this Act shall be one hundred thousand dollars or more, and when thirty 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 subscriptions, then the said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of North Georgia, 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 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 instrument,

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as may be necessary, and said bank shall have power to make and use, renew and alter at pleasure a corporate seal, and 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 in consistent with the laws of this State or of the United States. General corporate powers. 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 do all acts it may deem advisable for the safe-keeping and secure and profitable investment of the funds. Banking powers. Sec. V. Be it enacted , That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than nine 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 directors who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of its officers. A majority of said directors shall be citizens of this State, and each director shall be owner in his own name of not less than ten shares of said stock. Said board shall have power to elect a president and cashier, and such other officers as the interest and business of said bank may require. Directors. Powers and qualifications. Sec. VI. Be it further enacted , That the total liabilities to 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 the bills of exchange drawn in good faith, or 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, 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. Limitation on liabilities. To directors, etc. Sec. VII. Be it further enacted , 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 the expenses and paying its debts, but before declaring such dividend they shall carry one-tenth part 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, and in estimating the net profits of said bank, no assets shall be accounted as solvent which are over six months past due, 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. Dividends. Surplus fund. Solvent assets. 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

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for any dues or other indebtedness by such stockholders 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 register 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. Transfer of. 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 one hundred 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 of 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. Books of subscription. Election of directors. Votes of stockholders. Vacancies. Reports of officers. 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. Failure to elect directors. Minutes. Sec. XI. Be it further enacted , That after thirty thousand dollars or more has 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;

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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. Assessments of stock. 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 suits therefor in the courts of the State, city or county where said defaulting subscriber resides, or the stock of 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. 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 checks, receipts or certificates of deposit in conducting the business of the bank. Cashier. Sec. XIV. Be it further enacted , That each stockholder shall be individually liable only for the ultimate payment of the debts of said corporation to an amount equal to the amount of stock held by him. Liability of stockholder. Sec. XV. Be it further enacted , That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Term of charter. 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 October 9, 1885.

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INCORPORATING GUARANTEE BANKING AND SAFE DEPOSIT COMPANY. No. 337. An Act to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia . That Jacob Haas, B. E. Crane, S. M. Inman, Jacob Elsas, J. C. Hallman, Aaron Haas, J. W. Rankin, David Mayer, G. T. Dodd, Simon Benjamin, John A. Calvin, Isaac Liebman, John H. Ketner, and their associates and successors, are hereby constituted a body corporate and politic under the name of the Guarantee Banking and Safe Deposit Company, of Atlanta, Georgia, with power by this name to sue and sued in any court whatever; to have and to use a common seal; to make, alter and repeal such by-laws as they may deem necessary or proper for the conduct of the business of the corporation, not in contravention of this charter or the laws of this State or the United States; to acquire any property, real or personal, by purchase or satisfaction of any debt due said company or which may have been mortgaged or conveyed to said company for moneys which have been owing to it, or advanced by it, and to control and dispose of the same as in the opinion of the board of directors may be for the interest of said company; to deal in precious metals, foreign and domestic exchanges; to buy, sell, discount or collect promissory notes, bills of exchange or choses in action, claims or rents, and perform all such acts to enforce the payments or fulfillment of any contract made to or with it as may become necessary; to loan and borrow money; to discount and sell bonds, stocks and securities generally and to do a general banking business. But it shall not be lawful for said bank to loan to the president and directors of the same, or either of them, any sum of money or discount any paper on which they or either of them are liable as maker, security, endorser or guarantor, if the president and directors, or either of them, are already liable to said bank in a sum equal to one-tenth of the capital stock of the bank, nor shall the indebtedness of president and directors at any one time to said bank exceed one-tenth the capital stock of the bank. Corporators Name of corporation. General corporate powers Banking powers Loans to president or directors Sec. II. Be it further enacted , That the said corporation may receive on deposit all sums of money which may be offered for the purpose of being invested in such sums and at such times and on such terms as the by-laws of the corporation shall prescribe, and which shall be re-paid to such depositors at such times and with such interest, not exceeding the lawful rate, and under such regulations as the board of directors shall from time to time prescribe, and if money is deposited by any minor such money may be withdrawn by the minor without the consent of the parent or guardian of such minor. Deposits.

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Sec. III. Be it further enacted , That the said company shall have power to receive money in trust, shall have power to accept and execute such trust of every description that may be committed to it by any order or decree of court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real and personal estate or trust created in accordance with the law of this State, and to execute such legal trust on such terms as may be declared established or agreed upon in regard thereto. The said company is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be deposited in said company, bearing such interest as may be agreed upon. Powers as trustee. As assignee, etc. Sec. IV. Be it further enacted , That the said company shall have power and authority to receive for safe deposit all moneys, bonds, stocks, diamonds, gold, silver plate and all other valuables, and charge a reasonable compensation for the same. Safe deposit. Sec. V. Be it further enacted , The capital stock of said company shall be one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, with power to the board of directors of said company to increase the same to any amount not exceeding five hundred thousand dollars, upon giving ten days' notice of such intention to increase to all the stockholders of said company stating the amount of such increase. Capital stock. Sec. VI. Be it further enacted , That as soon as there shall be one hundred thousand dollars of the capital stock subscribed and fifty dollars per share actually paid in, the said stockholders may organize and proceed to do business. The powers of this company shall be exercised by a board of directors of not less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president and vice-president; said directors shall also elect a cashier, and appoint from time to time or at any time such other officers and agents as in their judgment the business may require, fix their compensation, dismiss them and take bonds from persons so elected or appointed in such sums as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization upon a call of a majority of the incorporators herein named of a meeting, at which each stockholder shall have written notice, and annually thereafter on a day to be appointed by the first meeting of stockholders, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board, and to fill any vacancies that may occur in the board; each stockholder shall be entitled, at all elections of said company, to one vote for each share of the capital stock held or owned by him, her or them in their own right or in any fiduciary capacity; each stockholder shall vote in person or by proxy under written power of attorney, but no stock shall be voted which may be in arrears for installments or other dues until such arrears are paid in full. Organization. Directors. Officers. Election of directors. Powers of. Votes of stockholders.

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Sec. VII. Be it further enacted , The principal office shall be located in Atlanta. Fulton county, Georgia; the board of directors shall have power to establish agencies for the transaction of said business in any place they may think proper. Principal office. Vacancies. Sec. VIII. Be it further enacted , Each stockholder of said corporation shall be individually liable for the debts of the company to the amount of his or her unpaid subscription to the capital stock of the company, and the stockholders of said company shall be individually liable to creditors of said company to the amount of the capital stock subscribed, or at any time held by them respectively. Liability of stockholders. Sec. IX. Be it further enacted , Any director or officer of said corporation who shall be dealing in futures, either for the company or himself, be it in stocks or bonds, cotton or other produce, shall be dismissed from his office. Penalty on officers for dealing in futures. Sec. X. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved October 12, 1885. INCORPORATING THE ATLANTA LOAN AND BANKING COMPANY. No. 354. An Act to incorporate the Atlanta Loan and Banking Company, and for other purposes. Section I. The General Assembly of Georgia do enact , That John R. Gramling, John J. Falvey, John C. Kirkpatrick, Albert J. Haltiwanger, Willard H. Nutting, Howard E. W. Palmer, of said State, their associates and successors, are hereby constituted and declared to be a body corporate, for the term of fifty years, under the name of the Atlanta Loan and Banking Company, to be located in Atlanta, Georgia, with all the rights and privileges belonging to such corporations under the law, and particularly those set forth in section 1679 of the Code (1882) of this State. Corporators Name of corporation Sec. II. That the capital stock of said corporation shall be two hundred thousand dollars, divided into two thousand shares of one hundred dollars each, with the privilege of increasing same at any time to five hundred thousand dollars, the incorporators being hereby authorized to open books of subscription for said stock. The stock holders shall pay in the stock subscribed for by monthly installments, in such sums as shall be determined by the board of directors, not to be less than two and one-half dollars per share. Such payments shall continue until the amounts paid in shall be one hundred dollars per share; Provided , any stockholder shall have the right to pay the entire amount subscribed at any time. Capital stock. Value of shares Payments for stock.

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Sec III That as soon as one thousand shares shall be subscribed for, and the sum of twenty-five hundred dollars paid in on said stock, the incorporation shall have the right to organize and transact business. At the first meeting of the stockholders to be called by said incorporators, a board of seven directors shall be elected from the stockholders to hold the office till their successors are elected and qualified, a majority of whom shall constitute a quorum. Said board of directors shall have power to manage the business of the corporation, to declare dividends when earned, to elect all officers of the corporation and to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid. Organization for business. Directors. Power of. Sec. IV. That said corporation shall have the authority to loan money on real estate at any rate of interest that may be agreed on in writing, not in excess of the highest contract rate fixed by law, and it may also make loans for any time agreed on and charge interest for the whole time and include the same in the note or notes or other security given therefor, and collect the same by monthly installments or otherwise without any rebate of interest thereon if the debtor will so agree. Loans. Sec. V. That said corporation shall have authority to do a general banking business, to receive deposits, discount commercial paper, to buy and sell exchange, to acquire and hold real and personal property and dispose of the same, and to perform all acts usual in such cases; Provided , however, that said corporation shall not exercise the powers conferred in section four of this Act in its general banking business, it being distinctly understood that the powers conferred in said fourth section shall apply only as to loans made upon real estate as security as herein set forth. Banking powers. Proviso. Sec. VI. That each stockholder shall be individually liable only for the ultimate payment of the debts of said corporation to an amount equal to the amount of stock held by him. Liability of stockholders. Sec. VII. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 13, 1885. INCORPORATING THE COMMERCIAL BANK OF WAYCROSS, GEORGIA. No. 360. An Act to incorporate the Commercial Bank of Waycross, Georgia, 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 Edward H. Crowley, John C. McDonald, Leon A. Wilson, and such other persons as may hereafter be associated with them, and their successors and assigns,

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shall be, and they are hereby created a body politic and corporate by and under the name and style of The Commercial Bank of Waycross, Georgia, and by that name shall have perpetual succession, shall and may sue and be sued, plead and be impleaded, defend and be defended in any court whatever, shall have and use a common seal and have such powers as are herein set forth. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , The capital stock of said bank shall be twenty five thousand dollars, divided into shares of one hundred dollars each, with power to said bank to increase its aforesaid capital stock to any amount not exceeding two hundred thousand dollars; that when there has been twenty thousand dollars of said capital stock subscribed actually paid in, the said bank may organize and proceed to business under this Act. Capital stock. Organization. Sec. III. Be it further enacted , That the capital stock shall be paid in installments in such sums and at such times as may be determined and ordered by the board of directors, but it may be competent for any one or more of the subscribers to said capital stock, by the consent of the board of directors, to pay up the whole amount of his or their subscription at any time or in one payment; that in case any subscriber to the stock of the said bank shall fail or refuse to pay any of the assessments or calls for payments which may be made by the board of directors, at any time thereafter proceed to enforce the payment of the entire amount of indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court of competent jurisdiction, or the said stock belonging to such delinquent may by resolution of the board of directors be sold at public outcry, in front of the place of business of said bank, after five days' advertisement in any newspaper published in the town of Waycross, in which case the portion previously paid in shall be forfeited to the bank, and said delinquent shall remain liable for any balance due, or which may become due by him to said bank, and may be sued therefor in any court having jurisdiction. Payment for stock. Default. Sec. IV. Be it further enacted , The stock shall be transferred only on the books of said bank, either in person or by power of attorney, and no stockholder shall transfer his stock, except by consent of the officers of said bank, if he is indebted to the bank as principal, security or otherwise until such indebtedness is paid off and discharged, and for all such indebtedness the bank shall have a lien of the highest dignity upon the stock of such stockholder. Transfer of stock. Sec. V. Be it further enacted , The corporate powers of said bank shall be vested in and exercised by a board of directors, consisting of not less than three persons, to be chosen by a majority in interest of the stockholders voting at an election for that purpose, each share of stock to represent one vote; and said directors shall hold their offices for one year from the date of their election and until their successors are elected and qualified; a majority of said board shall constitute a quorum for the transaction of all business devolved upon the same. Said board shall fill all vacancies occurring

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in its body by death, resignation or otherwise, and the persons elected to fill such vacancies shall hold their offices until the next annual meeting of the stockholders. Directors. Election of. Term of office. Quorum. Powers. Sec. VI. Be it further enacted , The board of directors shall have power from time to time to make, ordain and establish such by-laws and regulations as they shall judge proper for the election of officers, for prescribing their duties and the mode of discharging the same, the manner of transferring its property, of conducting its general business, of exercising and enjoying the privileges granted to it by law; Provided , such by-laws and regulations shall not be repugnant to the constitution and laws of this State or of the United States. By-laws. Sec. VII. Be it further enacted , That said bank shall have power to receive deposits of money, to purchase and sell bonds, stock, bills of exchange, coin and bullion, to discount and negotiate promissory notes, drafts, bills of exchange and other evidences of debt, to lend money, and to loan and advance moneys, securities and credits on mortgages, on real and personal property of any and all kinds, and the said bank shall have power to take and hold, as security for and in payment of any loans or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal, and shall have power to purchase, hold, sell, exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts, or other instruments as may be necessary to the transaction of its business. Banking powers. Sec. VIII. Be it further enacted , That said bank shall have power to take and accept by grant, assignment or bequest and hold any real or personal estate in trust created in accordance with the laws of this State, and execute such legal trusts in regard to the same on such terms as may be declared established or agreed upon in regard thereto. Powers as trustee. Sec. IX. Be it further enacted , That all the capital, property and assets of said bank shall be bound for the payments of its debts, and in addition thereto, the stockholders shall be bound and liable to contribute to the payment of the debts of the bank, each in an amount equal to the par value of the stock held by him, or so much thereof as may be necessary; Provided , that as to depositors, each share-holder shall be liable in a sum equal to double the amount of his stock. Liability for debts. Of stockholders. Sec. X. Be it further enacted , That the parties named in the first section of this Act, their successors and assigns, shall, and they are hereby appointed commissioners to open books of subscription for the capital stock of said bank at such time and place and for such amounts as they shall deem proper. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners, at such place as they may designate, within three days from the closing of the subscription called for by them. Books of subscription. First election.

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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 October 13, 1885. INCORPORATING THE MECHANICS AND TRADERS' BANK. No. 379. An Act to incorporate the Mechanics and Traders' Bank. Section I. Be it enacted by the General Assembly of the State of Georgia , That J. A. Alexander, L. L. Cohen, and such persons as are now or may hereafter be associated with them. be, and they are hereby constituted a body corporate and politic under the name of The Mechanics and Traders' Bank, and shall be capable of suing and being sued; pleading and being impleaded; answering and being answered unto; defending and being defended in all courts and places whatsoever; and may have a common seal, with power to alter the same from time to time; and by that name shall be capable of purchasing, taking, holding and enjoying, to them and their successors, all property of every nature that may be necessary for the purpose of promoting the objects of said corporation. and of selling, leasing or otherwise disposing of the same, or any part thereof; they may receive deposits of money and purchase and sell bills of exchange; lend money and discount notes and bills of exchange drawn against shipments of produce or any other valuable property at their will and pleasure; it shall not be lawful for said bank to loan to the president and directors, or either of them. any sum of money, or discount any paper on which they, or either of them, are liable as maker, security, indorser or guarantor, if the president and directors, or either of them, are already liable to said bank in a sum equal to one-tenth of the capital stock of the bank; nor shall the indebtedness of the president and directors, at any one time, to said bank exceed one-tenth of the capital stock of the bank. The principal office of said corporation shall be located in the city of Atlanta, in the county of Fulton. Corporators. Name of Corporation. General corporate powers. Banking powers. Loans to officers. Principal office. Sec. II. The capital stock of said bank shall be thirty thousand dollars, with the privilege of increasing the same to any sum not exceeding one-hundred thousand dollars, and the said capital stock shall be a fund pledged for the security of deposits and for the payment of all other liabilities of said bank. Capital stock. Sec. III. The said corporation may invest money in any good stocks, bonds and mortgages, or unincumbered real estate, which said real estate shall be worth at least double the amount of the sum invested, to be determined as the directors of the corporation may prescribe, or in the stock or bonds of incorporated companies, at the discretion of the financial board. Investments.

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Sec. IV. The said corporation shall have power to issue certificates of deposit, said certificates to be issued either with or without interest, but, if bearing interest, at a rate not exceeding seven per cent. per annum, as may be agreed on. No certificate of deposit shall be issued for a smaller denomination than one dollar. Certificates of deposit. Sec. V The said corporation shall be managed by a board consisting of four directors, a president and a cashier. to be elected by the stockholders, and who shall hold office until their successors are elected. The capital stock of said bank shall be divided into shares of one hundred dollars each, and each share shall represent one vote, and a majority of the stock represented at any meeting shall constitute a quorum. Stockholders may vote by proxy, said proxy being voted by a stockholder. No person shall be eligible to become a director unless he holds in his own name, unicumbered, five shares of the paid-up capital stock of said bank. Officers. Value of shares. Votes of stockholders. Qualifications for Director. Sec. VI The said corporation may receive on deposit all sums of money which may be offered for the purpose of being invested in such sums, and at such times and on such terms as the by-laws of the corporation shall prescribe, and which shall be repaid to such depositors at such times and with such interestnot exceeding the lawful rateand under such regulations as the board of directors shall from time to time prescribe. Deposits. Sec. VII. The corporation shall not be required to receive on deposit a less sum than one dollar, nor to allow interest until the deposit amounts to five dollars, nor to pay interest on the fractional part of a dollar, and to avoid the calculation of days on small sums, they shall not be required to allow interest on the fractional part of a month. Limitations on deposits. Sec. VIII. The said corporation shall from time to time have power to make, ordain and establish such by-laws and regulations as they shall judge proper for the direction of their officers, and prescribing their respective functions and the mode of discharging the same, for regulating the times and places of meeting of their officers, and for transacting and managing all business and directing the affairs of the corporation; Provided , that such by-laws and regulations shall not conflict with the constitution and laws of this State or of the United States. By-laws. Sec. IX. Be it further enacted , That the stockholders of said bank shall be individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of said bank, to the extent of the amount of their stock therein at the par value thereof. Liability of stockholders. Sec. X. Be it further enacted , That all laws in conflict herewith be, and the same are hereby repealed. Approved October 13, 1885.

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AMENDING CHARTER OF THE MACON SAVINGS BANK. No. 396. An Act to amend the charter of the Macon Savings Bank so as to authorize said bank to lend money on real estate or other security for any period that may be agreed upon by the borrowers in writing at any rate, not exceeding the highest contract rate allowed by law, and to charge such interest for the full period and collect the principal and said interest in monthly installments without rebate of interest when the borrower executes his note, draft or other contracts therefor, 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 Act entitled an Act to incorporate the Macon Savings Bank, approved March 2, 1874, be, and the same is hereby amended by adding thereto the following provision: Power given to loan on real estate or other security. The said board of directors shall have authority to lend money on real estate or other security for any period that may be agreed upon by the borrower in writing, at any rate of interest not exceeding the highest contract rate allowed by law, and may charge such interest for the full period of the loan, and collect the same, together with the principal, without rebate or discount, by monthly installments, the borrower executing his note, draft or other written contracts for such installments of principal and interest as aforesaid. 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 October 15, 1885. INCORPORATING THE ATHENS SAVINGS BANK. No. 450. An Act to incorporate the Athens Savings Bank, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That Thomas Bailey, Robert Chapple, S. C. Dobbs, J. Morris, Myer Stern, J. H. Mealor, John Gerdine, M. B. McGinty, S. M. Herrington, C. D. Long, A. A. McDuffie, C. W. Parr, and such persons as may hereafter be associated with them, and their successors, be, and they are hereby created a body corporate and politic under the name of the Athens Savings Bank, and under said name may sue and be sued,

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plead and be impleaded, acquire and hold real estate and personal property, and generally do everything necessary to carry out the purposes of this Act. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the capital stock of said corporation shall be $40,000, or 400 shares of $100 each, with the privilege of increasing the same to $200,000 or 2,000 shares of $100 each, in the discretion of the board of directors hereinafter provided, and 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 in monthly installments in such monthly sums as may be prescribed by the board of directors, not to be less than two dollars monthly per share. Such payments shall continue until the amount paid in shall be $100 with average interest at the rate of eight per cent. per annum from the date of the organization of said savings bank; Provided, however , that nothing herein contained shall prevent any stockholder from paying the whole of said $100 per share in one payment. Capital stock. Payments for stock. Sec. III Be it further enacted , That as soon as 400 shares shall be subscribed for and the sum of $1,600.00 paid in on said stock, said corporation shall have the right to organize and transact business. The principal office of said Athens Savings Bank shall be in the city of Athens, Ga. The first meeting of said company shall be held after ten days' notice given by the incorporators, or any three of them, and at said meeting and annually thereafter the stockholders shall elect a board of five directors, three of whom shall constitute a quorum to transact business. Said board shall elect one of their number president, and all officers of said corporation must be stockholders in the same. The board of directors shall elect a cashier and an attorney for said bank, and shall define their duties and fix their compensation. The annual meeting of the stockholders shall be on the first Tuesday in November of each year, at which time the board of directors shall be chosen as aforesaid, and the first board of directors chosen shall act until their successors are elected and qualified. Organization. Principal office. First meeting. Directors. Officers. Annual meetings. Sec. IV. Be it further enacted , That said board of directors shall have full power and authority to manage and control the business of said bank; to establish all rules and by-laws for its government; to provide for all cases of defaults made by any stockholder in the payment of the installments aforesaid; for the sale or forfeiture or transfer of stock and generally to do everything necessary or proper to carry out the purposes of this Act. Power of Directors. Sec. V. Be it further enacted , That said Athens Savings Bank 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 bank 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 allowed by law, but said association may

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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 said loan by monthly installments, if the debtor will so agree, without any rebate of interest thereon, and in such cases all the laws applicable to the sale of securities, real or personal, pledged or conveyed to Loan and Building Associations, are made applicable to the said Athens Savings Bank. Banking powers. Sec. VI. Be it further enacted , That each stockholder shall be individually liable to the creditors of said bank only in proportion to the stock held by such stockholder. Liability of stockholders. Sec. VII. Be it further enacted , That this charter shall continue of force for a term of fifty years. Term 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 October 19, 1885.

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TITLE II. RAILROAD AND CANAL COMPANIES. ACTS. Incorporating Rome Street Railroad Company. Amending charter of the Rome and Chattanooga Railroad Company. Incorporating the Union Street Railroad Company of Georgia. Amending charter of the Atlanta Street Railroad Company. Incorporating the Macon City and Suburban Street Railroad Company. Incorporating the Monticello, Eudora and Social Circle Railroad. Incorporating the Gainesville and Hall County Street Railroad Company. Incorporating the Darien Short Line Railroad Company. Correcting error in charter of Chattanooga, Columbus and Florida Railroad Company. Incorporating the Georgia Midland and Gulf Railroad Company. Incorporating the Classic City Street Railway Company. Incorporating the Athens, Danielsville and Eastern Railroad Company. Incorporating the Savannah and Tybee Railway Company. Incorporating the Monticello and Eatonton Railroad Company. Incorporating the Waco and Bowden Railroad Company. Incorporating the Columbus and Northern Railway Company. Incorporating the Covington and Macon Railroad Company. Incorporating the Rome Western Railroad Company. Amending charter Rome and Carrollton Railroad Company. Amending charter Rome and Chattanooga Railroad Company. Amending charter Rome Street Railroad Company. Incorporating the Baltimore Place and Peters' Park Street Railroad Company. Incorporating the Capital City Street Railroad Company. Incorporating the Savannah and Western Railroad Company. Incorporating the Newnan and Greenville Railroad Company. Incorporating the Newnan and Western Railroad Company. Incorporating the Gainesville and Western Railroad Company. Incorporating the Albany and Dawson Railroad Company. Incorporating the Marietta and Austell Railroad Company. Incorporating the Athens and Columbus Railroad Company. Incorporating the Columbus and Florida Railway Company. Incorporating the Thomasville and Augusta Railway Company. Incorporating the LaGrange North and South Railroad Company of Georgia. Amending charter West End and Atlanta Street Railroad Company. Incorporating Cincinnati, Georgia and Florida Railroad Company. Amending charter of Georgia Southern and Florida Railroad Company. Incorporating the Athens and Jefferson Railroad Company. Incorporating the Anniston and Chattanooga Railroad Company. Incorporating the Atlantic and Mexican Gulf Canal Company.

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INCORPORATING ROME STREET RAILROAD COMPANY. No. 12. An Act to incorporate the Rome Street Railroad Company and to define its powers, the Mayor and Council of the city of Rome having given its consent to the authority hereinafter granted, said consent being evidenced by a certified copy of the official action of the said Mayor and Council exhibited in both branches of the Legislature before the passage of this bill. Section I. The General Assembly of the State of Georgia do enact , That Joseph F. McGhee, B. I. Hughes, T. F. Howell, Daniel Lowrey, and such others as 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 Rome Street Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State, or where their rights may come in question; may have and use a common seal, and the same alter or destroy at pleasure, and purchase, hold, accept, 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 course of their business. Corporators. Name of corporation General corporate powers. Sec. II. That said company shall have power and authority to survey, lay out, construct and equip, use and employ street railroads in the city of Rome and Floyd county, to-wit: From the railroad depot in East Rome, through Howard street to Broad street and through the whole length of said Broad street, and along the extension of Broad street to the bridge across the East Tennessee, Virginia and Georgia Railroad in the town of Forrestville, and also through South and Bridge streets, or any parts thereof, and through Court street and any other street in said city, and through any and all future extensions of said streets, or any of them, and said company may use as motive power for their cars horses or electricity, or under-ground cables driven by steam, or any other appliance that may hereafter be invented or used as motive power. Special powers. Route. Sec. III. That the capital stock of said company shall be ten thousand dollars, which may be increased to the sum of one hundred thousand dollars should the business of the company require it, books of subscription for which shall be opened in the city of Rome. Said stock shall be divided into shares of one hundred dollars each, and be issued and transferred in such manner and upon such terms and conditions as the board of directors of said company may determine. Each share of one hundred dollars shall be entitled to one vote in all elections and meetings held by the stockholders. Capital stock. Value and transfers of stock. Votes of stockholders. Sec. IV. That all corporate powers of said company shall be vested in and exercised by a board of directors, and such officers and agents as said board shall appoint, which said board of directors

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shall consist of five members, who shall be stockholders in said company, the first board of directors to be elected at such time and in such manner as said corporators, or a majority of them, may determine, and annually thereafter by the stockholders of said company. Said directors shall hold office until their successors are elected and qualified, and they may fill any vacancy that may happen in the board by death, resignation or otherwise. They may also adopt such by-laws, rules and regulations for the government of said company and the management of its affairs and business as they may think proper, not inconsistent with the laws of this State and of the United States. Directors. Election of. Term and powers of. Sec. V. That said Rome Street Railroad Company may convey on their lines passengers or freight, as the exigencies of the business community and public wants may require, and may charge reasonable and just rates for such transportation. Rights as carriers. Sec. VI. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 12, 1884. AMENDING CHARTER OF THE ROME AND CHATTANOOGA RAILROAD COMPANY. No. 19. An Act to amend an Act entitled an Act to incorporate the Rome and Chattanooga Railroad Company, and to grant certain powers and privileges to the same, and to authorize said road to consolidate its road with any other road incorporated by this State or the State of Tennessee, and for other purposes. Section I. Be it enacted , That the third and fourteenth sections of the above recited Act be, and the same are hereby repealed, and the following substituted in lieu of said third section: Third and fourteenth sections repealed. Sec. II. Be it further enacted , That when the sum of fifty thousand dollars has been bona fide subscribed to the capital stock of said company, said company may begin work on the said railroad and proceed with the same, and that the organization of said company heretofore had at Rome, Ga., by the election of D. F. Allgood, president, and Jno. W. Maddox, Joel Branham, C. H. Smith, T. F. Howell, Hugh P. Lumpkin and H. M. Smith, directors, be, and the same is hereby ratified and confirmed, and the said officers continued in office until the road-bed from Rome to Trion Factory, or from Trion Factory to Chattanooga, shall have been graded and the rails laid thereon; Provided , that if any of said officers shall die, remove from the State or resign, a successor or successors shall be elected as herein provided; that meetings of the stockholders may

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be had after ten days' notice of the time and place of meeting shall have been given in some newspaper published in Rome, Ga., for the election of any director or directors, and for any other business of the company necessary to be transacted by the stockholders, and that the board of directors shall consist of not less than five persons, and said board of directors shall have power to manage and control the business of said company until their successors are elected, and the present president and board of directors shall have power and authority to mortgage and pledge the road-bed, franchise, stock and property of the company for the construction and equipment of said road, and all boards of directors hereafter elected shall elect from its own number a president and such boards of directors, and the present board shall have power to make and adopt by-laws for the government and control of the board and the company, and to appoint and employ such officers, agents and servants as may be deemed proper by said board of directors. Beginning work. Former organization confirmed. Proviso. Stockholders meetings. Board of directors. Powers of officers. Sec. III. Be it further enacted , That C. C. Cleghorn, of Chattooga county, and J. M. Lee, of Walker county, be, and the same are also hereby constituted directors of said company, and are hereby authorized and empowered to discharge all the duties required of the directors heretofore elected at Rome, and their term of office shall be the same as the other directors heretofore elected. Additional directors. 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 18, 1884. INCORPORATING THE UNION STREET RAILROAD COMPANY OF GEORGIA. No. 68. An Act to incorporate the Union Street Railroad Company of Georgia, and to authorize said company to purchase and consolidate lines of street railroad in Atlanta and Fulton county, and to operate the same therein, and to purchase, perfect and use such motive power for cars as scientific research and experiment may discover and develop, and such as may be desirable by the company, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That Richard Peters, Evan P. Howell, Julius L. Brown, W. T. Newman, Edward C. Peters, James R. Wylie, George W. Adair, James W. English, R. H. Richards, and their associates and successors, be, and they are hereby created a body corporate and politic under and by the corporate name of the Union Street Railroad Company of Georgia, and to have continuous succession as such for the term of fifty years.

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Sec. II. Such corporate body are hereby given full power and authority to purchase, acquire, consolidate, own, use and operate, and to construct, operate and use lines of railroad for the transportation of passengers on the streets of the city of Atlanta and the public roads in the county of Fulton, and to use horses and mules for drawing the cars, or to use electric motive power, or such other power as scientific research and experiment may discover and develop; Provided , that the consent of the authorities of the city of Atlanta shall be obtained before the occupation of any street with new lines, and of the authorities of Fulton county before the occupation of roads in said county with new lines. Corporators. Name of corporation. Term of. Special powers Use of powers. Proviso. Sec. III. Such corporation shall have full power and authority to buy and sell, own, rent and lease to and from others such property, both real and personal, as the needs of its business may render necessary or proper; to make all contracts of every kind that may be necessary or proper to commence and carry on its business; sue and be sued; plead and be impleaded in any court of law or equity in this State according to law; to make all reasonable and legal by-laws, rules and regulations for the government of the corporation and for conduct of its business; to have and use a common seal and to alter the same at pleasure; to issue bonds and other obligations of the corporation, and to secure the same by mortgages or deeds of trust on any property of the corporation and its franchise, and to do such other acts and have such additional power and authority as the successful inauguration and prosecution of its business may render necessary or proper. General corporate powers. Sec. IV. There shall be elected annually by the stockholders, from the stockholders, a president and vice-president, who shall be ex-officio directors, and five other directors, and the board of directors shall elect a secretary and a treasurer, and such other subordinate officers as they may deem necessary, who need not be stockholders. Officers. Sec. V. The capital stock of said corporation shall be one hundred thousand dollars, with the privileges of increasing the same to any amount, not exceeding one million of dollars, divided into shares of one hundred dollars each. All votes in stockholders' meetings, in electing officers and otherwise, shall be by stock, and each share of stock shall have one vote. Capital stock. Votes of stockholders. Sec. VI. If it shall become necessary, in the opinion of the directors of said corporation, for it to occupy with its tracks of any of its lines, or with platforms, depots or other appendages, and should the corporation fail to agree with the property owner as to the damages, the same may be ascertained and paid as is provided in the charter of the city of Atlanta in cases of opening and extending streets. Ascertainment of damages. If there should be an appeal by either party from the award of the assessors, the corporation shall deposit with the Clerk of the Superior Court of Fulton county the amount of such award, and may then proceed to occupy the land in controversy, notwithstanding such appeal. Appeal.

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Sec. VII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. AMENDING CHARTER OF THE ATLANTA STREET RAILROAD COMPANY. No. 69. An Act to amend an Act to incorporate the Atlanta Street Railroad, and for other purposes, approved February 23, 1866, so as to authorize said company to extend its lines of railroad to any point in Fulton county, and to authorize the use by said company of any motive power for its cars that its officers may deem desirable and best for its interests, and to make the provisions of said original Act applicable in every way, so far as can be, to such extended lines; Provided , that when said company occupies public roads or the street or territory of any incorporated city or town, it shall have the consent of the county authorities controlling the roads, or of the incorporated city or town whose streets or territory it occupies. Section I. The General Assembly of the State of Georgia do enact , That the Atlanta Street Railroad Company is hereby fully authorized and empowered to extend its lines of railroad to any point in Fulton county; Provided , that when said company occupies public roads, it shall have the consent of the county authorities controlling the same, or streets of a city or town, the consent of the authorities controlling the same. May extend its lines. Sec. II. That said company is fully authorized to use such motive power for its cars as its officers may deem desirable and best for its interests; Provided , that should any motive power other than horse power be used, said company shall first obtain the consent of the city or town through whose streets its lines may run. Use of motive power. Sec. III. Be it further enacted , That if it shall become necessary for said company, in the judgment of its officers, to occupy private land for its tracks, depots, platforms or other appurtenances, and it shall fail to agree with the owner on compensation, the same shall be ascertained and paid as provided in the original Act incorporating said Atlanta Street Railroad Company. Right of way. Sec. IV. That the provisions of the original Act incorporating the Atlanta Street Railroad Company, approved February 23, 1866, shall apply, so far as can be, to such extended lines. Original act applied to extensions. Sec. V. That all laws and parts of laws conflicting with the above Act be, and the same are hereby repealed. Approved December 24, 1884.

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INCORPORATING THE MACON CITY AND SUBURBAN STREET RAILROAD COMPANY. No. 72. An Act to incorporate the Macon City and Suburban Street Railroad Company. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, Thomas J. Carling, Herbert R. Brown, T. V. Dorchester, and their associates and successors, be, and they are hereby declared a body politic and corporate by the name and style of the Macon City and Suburban Street Railroad Company, and in and by that name and style may sue and be sued, plead and be impleaded in any court of law or equity in this State, or where their rights may come in question; may have and use a common seal and the same alter or destroy at pleasure, and purchase, accept or hold, enjoy or convey any property, real or personal, or mixed, that may be necessary for the purposes hereinafter set forth, or which they may require in the progress of their business, and that the place of business of said company shall be in the city of Macon; Provided , that this charter shall not take effect nor be operative until the consent of the corporate authorities of the city of Macon shall be obtained thereto, and in giving such consent the mayor and council of the city of Macon may by resolution or ordinance designate between what points and through and upon what streets said street railroad may be laid and operated, and may thereafter in like manner provide for the construction and operation of said road through other streets. Corporators. Name of Corporation. General corporate powers. Place of business. Consent of municipal authorities. Sec. II. Be it further enacted , That said company shall have power and authority to survey, lay out and construct and equip, use and employ street railroads in the city of Macon and county of Bibb, the property of said company to be subject to the same State, county and city taxes as the property of individuals in said city and county of like value is or may be subject to, unless the same shall be exempt from taxation by the State, county and city authorities respectively. Special powers. Taxation. Sec. III. Be it further enacted , That the capital stock shall be divided into one thousand shares of twenty-five dollars each, which may be increased from time to time, by a vote of a majority of the stockholders, to a sum not exceeding fifty thousand dollars ($50,000.) Capital stock. Sec. IV. Be it further enacted , That the officers of said company shall be a president, secretary, treasurer, and three or more directors, to be chosen at such time and in such manner as the corporators or a majority of them may determine, and the said president, secretary, treasurer and directors shall have full power and authority to make and establish all by-laws, rules and regulations for administering the affairs of said company and for organizing the company

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and carrying on the business, and to do all acts and give all orders therein which may be necessary and not inconsistent with the constitution of the State and the United States. Officers. Power of. Sec. V. Be it further enacted , That the said Macon City and Suburban Street Railroad Company may extend any one or more of their lines of road in the county of Bibb over and beyond the corporate limits of said city not more than six miles from the present corporate limits of said city, should they see proper to do so, and in that event the damage to the owners of the land through which said road may run shall be settled in the same manner as is prescribed by the charter of the Central Railroad Company. Routes. Right of way. Sec. VI. Be it further enacted , That the said Macon City and Suburban Street Railroad Company may convey upon their lines passengers, charging reasonable rates for the same. Carriers of passengers. Sec. VII. Be it further enacted , That the said Macon Street Railroad Company shall not employ any steam engine upon their road without the consent of the city council of Macon. Steam motive power. Sec. VIII. Be it further enacted , That the track of any road or roads which the said corporation may lay in any of the streets of the city of Macon shall be so laid as not to prevent drays, carriages or other vehicles from crossing the same. Tracks, how laid. Sec. IX. Be it further enacted , That the charter shall continue in force for thirty years. Term of charter. 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 24, 1884. INCORPORATING THE MONTICELLO, EUDORA AND SOCIAL CIRCLE RAILROAD COMPANY. No. 170. An Act to incorporate the Monticello, Eudora and Social Circle Railroad Company; 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, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, James Benton, E. B. Smith, H. B. Jordan, J. H. Keely, Lucien Benton and J. C. Franklin, of Jasper county; Henry Graves and James Harwell, of Newton county; J. R. Mabley and B. R. Smith and W. A. Kelly, of Walton county, and such other persons as may be associated with them, and their successors and assigns, be, and they are hereby incorporated by the name and style of the Monticello, Eudora and Social Circle Railroad Company, and in and by that name may sue and be sued; plead and be impleaded in any court of law or equity in this State; may have and use a common

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seal; may make and repeal by-laws, and appoint all necessary officers, and shall have all the powers, facilities and franchises necessary and proper to successfully accomplish and maintain the objects of its incorporation. It may purchase, condemn and acquire such rights of way as may be necessary and proper to the full exercise of the franchises herein conveyed, and may acquire by purchase such real estate as may be necessary, and shall have power to borrow money, issue bonds and secure the same by mortgage or deeds of trust as hereinafter provided for. Corporators. Name of corporation. General corporate powers. Rights of way. Borrow money, etc. Sec. II. Be it enacted by the authority aforesaid , That for the organization of said company, said persons hereinbefore named, or any five of them, shall have power to open books of subscription under such regulations as they may direct, and when as much as twenty-five thousand dollars to the capital stock of said company has been subscribed may appoint a time and place for a meeting of the stockholders, of which fifteen days' notice shall be given in some public gazette in the State, at which time and place said stockholders may proceed to the election of five directors, one of whom shall be elected president, and said president and directors shall hold their offices for one year, or until their successors are elected. At all meetings of the company, each stockholder shall be entitled to one vote for each share of stock held by him or her. One hundred dollars of the capital stock shall constitute a share. The capital stock of the company, after twenty-five thousand dollars thereof has been subscribed in money, may be increased by subscriptions of money, lands, material for construction or labor the value of subscription other than money to be fixed by the officers of said company and the subscribers The capital stock of said company shall not exceed two hundred thousand dollars. Books of subscription. First meeting of stockholders. Election of officers. Vote of stock holders. Increase of capital stock. Sec. III. Be it further enacted by the authority aforesaid , Said company shall have full power and authority to survey, lay out, construct and operate a railroad from the town of Monticello, in Jasper county and this State, via Eudora, in the same county, to Social Circle, on the Georgia Railroad, in Walton county, with right to extend said road from Monticello to Macon, in Bibb county, in this State. All questions concerning the right of way between said company and owners of land shall be tried and determined according to the provisions of the fourth section of an Act, approved September 7, 1868, to amend an Act to incorporate the Georgia Air-Line Railway Company and to confer thereon certain powers and privileges. Route. Disputed right of way. Sec. IV. Be it further enacted by the authority aforesaid , When twenty-five thousand dollars has been expended in constructing said railroad, the company may issue bonds to the extent of twenty-five thousand dollars and secure the same by mortgage or deeds of trust on all the property and franchises of the company. The money realized from the sale of said bonds shall be applied to the building or equipping of said railroad. The company shall have power to lease, sell and convey the property and franchises of the company to any person or corporation, either before or after the

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completion of the road, on such terms as may be agreed on, but the purchaser thereof shall acquire no title thereto unless they shall complete and operate the road in a reasonable time. Bonds. Sale or lease of property and franchises. Proviso. Sec. V. Be it further enacted by the authority aforesaid , That said company shall have power to charge and collect reasonable compensation for carrying freight and passengers over its road, and to do any and all things needful to the successful operation and construction of said road not inconsistent with the laws of this State. Rights as carriers. Sec. VI. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act or any of its provisions are hereby repealed. Approved September 12, 1885. INCORPORATING THE GAINESVILLE AND HALL COUNTY STREET RAILROAD COMPANY. No. 181. An Act to incorporate the Gainesville and Hall County Street Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That Robert E. Green, Allen D. Candler, Charles W. DuPre, Joseph R. Boone and James R. Barnes, and their associates and successors and assigns, be, and they are hereby incorporated and made a body corporate and politic under the name and style of The Gainesville and Hall County Street Railroad Company. Corporators. Name of corporation. Sec. II. Said corporation by said name shall have continuous succession, and shall be able and capable to sue and 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, employees 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 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 the 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 corporate powers. Rights as carriers.

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Sec. III. That said corporation shall have full power to purchase from Robert E. Green, the present owner, the street railroad now built and being operated in the city of Gainesville, extending from the depot of the Richmond and Danville Rai road, in said city, along Main street to the public square, known as the old court-house square, thence around the four sides of said square, and from said square along Washington to Green street, thence along Green street to Hubbard's alley, and thence through the woods to the hotel near Gower's Spring, one-fourth of a mile north of the city limits in Hall county, with all its side tracks and branches, cars, mules, horses and harness, with full power and authority to own, use, operate and enjoy the same. Special powers. Route. Sec. IV. That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines of street railroad in the city of Gainesville as follows, to-wit: Beginning at the old court-house square in said city and running thence along Spring street to Grove street in front of the Presbyterian church, thence along Grove street to Broad street, thence along Broad street to the city limits; also a line commencing at said court-house square and running thence in an eastern direction along Spring street to the city limits, and thence along the public road in the same direction to New Holland Spring, one mile beyond the limits of said city in said county of Hall. Other lines. Sec. V. And said corporation shall also have full 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 Gainesville and in Hall county in addition to those specially named in this Act, and to extend any and all of those named and build branches thereto whenever it deems it to its interest so to do, and whenever there will be patronage to justify it in so doing. Other lines. Sec. VI. Before said corporation shall begin its work upon any of its lines in said city of Gainesville, it shall first obtain the assent of the corporate authorities of said city to the same. Consent of municipal authorities. Sec. VII. 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. Sec. VIII. Said corporation shall have full power and authority to use and employ steam engines upon the lines of its said street railroads for the drawing of both passenger and freight cars, but before said steam engines shall be used by said corporation, it shall first obtain the consent of the corporate authorities of the city of Gainesville, 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. Right to use steam.

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Sec. IX. The capital stock of said corporation shall be twenty thousand dollars, divided into shares of one hundred dollars each; said capital stock may be increased from time to time to any sum not to exceed 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 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. Capital stock. Beginning business. Sec. X. 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 until said corporation is organized, which shall be done within thirty days after the requisite subscriptions are obtained. There shall be no personal liability upon the stockholders of said corporation. Books of subscription. Payment of subscriptions. Liability of stockholders. Sec. XI. 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 Gainesville. 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 the rules for managing and conducting all the business of the corporation. Directors. Their election. Term and powers. Sec. XII. This charter shall be and continue for the term of fifty years with the privilege of renewal at the end of that time. Term of charter. Sec. XIII. Be it further enacted by the authority aforesaid , 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 September 16, 1885.

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INCORPORATING THE DARIEN SHORT-LINE RAILROAD CO. No. 183. An Act to incorporate The Darien Short-Line Railroad Company. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That Reuben K. Walker, Alexander D. Curry, John L. Harden, Charles W. Shepard, Geo. E. Atwood and Robert A. Giles, and such other persons as they may associate with them, and their successors and assigns, be, and they are hereby constituted a body corporate and politic under the name and style of The Darien Short-Line Railroad Company, and by that name are made capable in law to have, purchase, take by gift, donation or otherwise and enjoy such real and personal estate, goods and effects as may be necessary and proper to carry into effect the objects and powers herein and hereby granted, and by said name to sue and be sued, plead and be impleaded in any court of competent jurisdiction; to have and use a common seal and the same to alter at pleasure; and to make, ordain and establish such by-laws, rules and regulations as they may deem expedient and necessary to carry into effect the objects of the company, not inconsistent with the laws and constitution of the State of Georgia and of the United States, and generally to do and perform all such acts, matters and things as may appertain to corporations of like character. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That said corporation shall have full power and authority to transport and carry passengers and freight, including animals, merchandise, personal property, lumber, timber, and things of any kind for reasonable hire and reward, from the city of Darien, in the county of McIntosh, to its terminal points in the counties of Burke, Screven and Johnson, or either of them, or to such point or points to which said railroad may be built, and from such point or points to the city of Darien, and for this purpose it shall have the power and authority to build, construct, operate and maintain a railroad, of suitable width and dimensions, in the most convenient, proper and practical course from the city of Darien, in the county of McIntosh, to any point or points in the county of Burke, Screven, or the county of Johnson, or in either or all of said counties, by branch line to be run from some point in the county of Tattnall, the terminal points of the line, as well as the location of the line of the railroad, to be at the option of the corporators or the board of directors of the corporation. Should it be desired to run the road from a point within the corporate limits of the city of Darien, then it may be run from such point within the corporate limits of the city as the mayor and aldermen may authorize, said corporation paying the owners of land through which the road may pass, and who have not donated the same, just and adequate compensation for the value of land covered by the road-way, or which

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may be necessary to the road, the width of the strips of land taken to be such as the directors of the corporation may deem necessary for the purposes of the road, not to exceed two hundred feet in width, in laying its track, in procuring the necessary timber, earth and other materials for construction, and for the construction thereon of toll-houses, switches, slips, depots, wharves, warehouses, wells, cisterns, pumps, culverts and any other necessary works and purposes. Should the owner of the land and the corporation not agree upon the compensation to be paid, the amount of said compensation shall be determined by three sworn appraisers, all of whom shall be disinterested freeholders of the county where the land lies, to be chosen, one by the company, one by such owner, if he shall think proper, and one by the Ordinary of the county. But if such owner shall decline or neglect, after ten days' notice, to appoint an appraiser, then two to be appointed by the Ordinary and one by the company, the award of whom, in writing, shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the Court of Ordinary, with the right of appeal, to either party dissatisfied with the award, to a trial by a jury at the next term thereafter of the Superior Court, as provided for appeals from Justices' Courts, and the owner shall have judgment for the amount of the verdict in his favor. In assessing the damages, the appraisers and the jury shall take into consideration the benefit of the road to the land and premises through which it may run, as well as the injury to the same; Provided , that nothing in this Act shall be construed to give a right-of-way of two hundred feet within the corporate limits of the city of Darien to said railroad company, but within said corporate limits the corporate authorities shall decide upon the width of the right of way for said railroad; Provided, further , that in no case shall the amount paid for such right of-way be less than the actual value of the land so taken; Provided, further , that nothing contained in this section shall authorize such railroad company to take or use the land so condemned without first paying the damages assessed. Rights as carriers. Route. Terminal points. Right of way. Appeal. Assessment of damages. Proviso. Sec. III. Be it further enacted , That the said railroad shall be so constructed as not to obstruct or interfere with the free navigation of any river or navigable stream which said road may cross. Not to obstruct navigation. Sec. IV. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, but may be increased from time to time by its board of directors, or by the stockholders of said company, as they may deem expedient or necessary, to such amount, not exceeding five hundred thousand dollars, as they may determine, which shall be divided into shares of one hundred dollars each. Capital stock. Sec. V. Be it further enacted , That any three persons above named, on giving ten days' notice in a newspaper published in the city of Darien, or having a circulation in that city, may organize the company; Provided , ten thousand dollars are subscribed bona fide , and by parties who are responsible, to the capital stock of said company,

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and after such organization and subscription, the stockholders may elect five directors, who shall hold their office for one year and until their successors are elected, which election shall take place annually as prescribed by the by-laws of the company, and the said directors shall have power to receive further subscription to the capital of the company, not to exceed five hundred thousand dollars, and to enforce the payment of said subscription by suit at law, and if any subscriber, after thirty days' notice calling for any installment, shall fail to pay such installment so called for by the directors, the directors shall declare the stock of such stockholder forfeited to the company, with any installments then paid, without affecting the right of the company to sue for and recover the amount of any subscription, or any part thereof, duly called for and remaining unpaid. Organization. Directors. Their election. Power of. Defaulting subscriber. Sec. VI. Be it further enacted , That the said corporation may, through its board of directors or otherwise, by a vote of a majority of the stockholders at a regular or called meeting of the stockholders, borrow such sums of money as they may deem proper for any purpose of the company, construction, purchase of property and appliances, and may pledge therefor the property and franchises of the corporation in such way as it may deem proper. Right to borrow money, etc. Sec. VII. Be it further enacted , That each share, at all elections for directors and at all stockholders' meetings of the company, shall entitle the holder thereof to one vote, which may be exercised, either in person or by proxy, by some person appointed and empowered in writing, and that the directors shall elect a president from among themselves, who shall hold his office for one year and until his successor is elected, which election shall take place annually as prescribed by the by-laws of the company. Vote of stockholders. Officers. Sec. VIII. Be it further enacted , That said company shall be authorized through its president and directors to sell, lease or transfer its property, privileges and franchises to any other company, corporation or individual upon such terms as may be agreed upon between them, not inconsistent with the laws and constitution of this State. Sale lease, etc., of road, etc. Sec. IX. Be it further enacted , That any number of stockholders, representing at least one-half of said stock, by giving twenty days' notice in any newspaper of general circulation in the city of Darien, may call a meeting of the stockholders of said company to act on business of the company, and such action shall be binding upon the company. Meetings of stockholders. Sec. X. Be it further enacted , That all the rights, powers and privileges granted by this Act shall lapse and become void unless such corporators as have power under this Act shall, in good faith, begin to construct and operate said railroad within five years from the passage of this Act. Term of charter. Sec. XI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved September 19, 1885.

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CORRECTING ERROR IN CHARTER OF CHATTANOOGA AND COLUMBUS AND FLORIDA RAILROAD COMPANY. No. 194. An Act to correct a clerical error in an Act, approved September 30, 1881, entitled an Act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company; to change the name of said company; to increase the capital stock of said company, and for other purposes therein named, by striking from the third line of first section of said Act the word Lumpkin, where it was improperly inserted by the clerk who enrolled the Act, and by inserting the word Lumpkin after the word Columbus, occurring in the eighth line of said section, so as to make said Act conform to the intention of the General Assembly of 1881. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the first section of an Act, approved September 30, 1881, entitled an Act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company; to change the name of said company; to increase the capital stock of said company, and for other purposes therein named, be amended so as to correct a clerical error in said Act by striking the word Lumpkin from the third line of the first section, and inserting the word Lumpkin after the word Columbus where it occurs in the eighth line of said section, so that when amended, and said clerical error corrected to conform to the intention of the General Assembly of 1881, said section will read as follows: Act of Sept. 30, 1881, amended. Word Lumpkin transposed. Section I. Be it enacted by the General Assembly of the State of Georgia in General Assembly met , That the name of the Bainbridge, Cuthbert and Columbus Railroad Company be changed to that of the Chattanooga, Columbus and Florida Railroad Company, and that said company shall have authority to build, equip and operate a railroad from the Tennessee line, at or near Chattanooga, to such point on the Florida line as said company may elect, said road passing through Rome, Columbus, Lumpkin, Cuthbert and Bainbridge, in the State of Georgia, with all the rights, powers, privileges and liabilities in the present charter, except as hereinafter stricken. 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 23, 1885.

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INCORPORATING THE GEORGIA MIDLAND AND GULF RAILROAD COMPANY. No. 197. An Act to incorporate the Georgia Midland and Gulf Railroad Company; to confer certain powers and privileges on said company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That G. Gunby Jordan, Joseph W. Woolfolk, M. Edgar Gray, of Muscogee county, and Charles L. Davis, of Meriwether county, and such other persons as may be associated with them, and who shall be stockholders, and their successors and assigns, be, and they are hereby created a body politic and corporate under the name of the Georgia Midland and Gulf Railroad Company, with power under said name to sue and be sued; plead and be impleaded in the courts of law and equity in this State; to have and use a corporate seal; to hold, use and enjoy all such real and personal property as may be necessary to and will advance the interest of said company, together with such other powers as are herein conferred, as well as those which, by the laws of this State, are conferred generally on incorporations. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That said company be, and they are hereby authorized and empowered to survey, lay out, construct and equip, as well as maintain and operate, a railroad from the city of Columbus, in Muscogee county, in a northerly or northeasterly direction to or near some point in Henry county, Georgia, and from said point in Henry county to the city of Athens, in Clarke county, with power and authority also to survey, lay out, construct, equip, maintain and operate, as a part of said line, a railroad from some accessible point along the line of the survey in Muscogee, Harris, Meriwether, Pike, Spalding or Henry county to the city of Atlanta, in Fulton county, by such a route as will, in their judgment, best subserve the purposes of carrying freight and passengers, with power also to said company to construct, maintain and operate either the line to said city of Atlanta, or that to the city of Athens, either one or both. Route. Sec. III. Be it further enacted by the authority aforesaid , That for the purpose of constructing, maintaining and operating said lines of railroad, the said company is empowered to cause such examinations and surveys to be made of the proposed line and branch between the cities of Columbus, Atlanta and Athens as shall be necessary to the selection of the most advantageous route, and for that purpose are empowered to enter the land of any person; to acquire, by gift or purchase, real estate or other property for the construction, maintenance and accommodation of said railroad, and to hold

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and use such real estate and other property useful for the same and for stations, wharves, docks, connections with other railroads, terminal facilities and all other accommodations necessary to accomplish the objects of this incorporation, and to lease, buy and mortgage all lands necessary for its use, or they may sell the same; to lay out its line of railroad on a right of way not more than two hundred feet in width, and for the purpose of cutting and filling, for obtaining gravel and material, to take as much land as may be necessary for proper construction and security of said railroad, and to remove trees and other obstructions on the right-of-way and road, making compensation therefor in the manner prescribed in this Act; to construct its railroad across, along and upon any water course, street, highway or canal, and along or across any other railroad which the routes of its railroad shall intersect or touch; to cross, intersect, join or unite its railroad with any railroad heretofore or hereafter constructed, at any point in its route, or upon the ground of any other railroad company, with the necessary turn-outs, sidings and switches, and other conveniences necessary in the construction of the railroad, and may run over the right of-way of any other railroad to its freight or passenger depot, shops, etc., in any city, town or village through which said railroad may run; to take and convey persons and all manner of property over their railroad by the use of steam or animals, or any mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and maintain convenient buildings, wharves, docks, stations, fixtures and machinery, whether within or without a city, town or village, for the accommodation and use of passenger and freight business; to borrow such sums or sum of money at such rates of interest not contrary to law, and upon such terms as such company or its board of directors may agree upon and may deem necessary and expedient, and may execute one or more trust deeds and mortgages, one or both, if occasion may require, on its railroad or other property to secure the same. Surveys. Right of way. May cross, intersect, etc., other railroads. Or use their right of way. Rights as carriers. Special corporate powers. Sec. IV. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be two millions of dollars, with power, by a two-thirds vote of the stockholders, to increase the same to an amount not exceeding four millions, and which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence work whenever five per cent. of the subscribed capital stock shall have been paid in. Capital stock. Value of shares. Sec. V. Be it further enacted by the authority aforesaid , That books of subscription may be opened by the board of directors at either terminus, and in any county in which it is proposed said railroad may be located and constructed, and subscriptions to the capital stock of said company may be made in the form of a general contract or promissory notes, or other form which may be selectedor paid in cash under the direction of the board of directorsand certificates of stock shall be issued to the persons paying on the basis of one share for every hundred dollars so paid, but no certificate

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shall be issued for less than one share; but nothing in this Act shall be so construed as to render invalid, illegal or less binding any subscription made to, or contract made with, said The Georgia Midland and Gulf Railroad Company as incorporated under the general laws of this State. This Act is made and intended as ancillary to all the rights, powers and privileges conferred on The Georgia Midland and Gulf Railroad Company, by virtue of its previous incorporation under the general laws of this State provided for the incorporation of railroad companies; the powers herein conferred, where not conferred by the general law under which it was incorporated, are additional and enlarged powers, and all changes made herein, from those general laws under which its certificate of incorporation was received, are to be construed as amendments to its said chartered rights and privileges, and all confirmations and grants in this Act of same privileges as exist by general laws under which said company received a certificate from the Secretary of State are intended as a legislative grant of same. Books of subscription. Certificates of stock. This charter ancillary to previous incorporation. Sec. VI. Be it further enacted by the authority aforesaid , That all subscriptions made to the capital stock shall be payable in such installments as may be agreed on, and if any stockholder shall neglect or refuse to pay any installment which may be called for in sixty days after same may have become due, and notice given as hereinafter provided, at the election of the board of directors, such stock, with all payments previously made thereon, shall be forfeited to the company; Provided , such forfeiture is clearly authorized by the by-laws of said company, or they may have a right of action to recover all such installments as may be called in said subscription of stock. Payment of subscriptions. Default. Sec. VII. Be it further enacted by the authority aforesaid , That when said company, and any person or corporation through or on whose lands it is desired said railroad shall be located and constructed, and depot buildings, shops, stations, docks, wharves and other appurtenances are desired to be located, cannot agree on the amount to be paid by the company for the right-of-way or title to the land desired, then, notwithstanding the disagreement, it shall and may be lawful for said company to construct its railroad over any land belonging to other persons or corporations, and across the rights of-way and tracks of other railroads, upon paying or tendering to the owner thereof, or to his, her or their authorized representative, just and reasonable compensation for the right-of way or needed land, which compensation, when not agreed on, shall be fixed and determined in the following manner: The company shall choose one person, a citizen of this State, as its assessor, the person or corporation owning the land or right-of-way over and on which it is sought to build or construct such railroad may choose another citizen as an assessor. If the person or persons owning such land or right-of-way shall fail or refuse to choose an assessor, or shall be a minor, lunatic, idiot, or other person laboring under a disqualification in law, without a legal representative, it shall be, and is hereby made the duty of the Ordinary of the county in which is located such

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land or right-of-way to make the selection of assessor for the owner; Provided , that the company shall give notice to the Ordinary that the owner fails or refuses to make selection of an assessor, or that he or she has no legal representative and is a minor, lunatic, idiot, or is otherwise disqualified in law from making such selection. The two assessors thus selected shall make choice of a third assessor; the three thus selected shall be sworn before an officer authorized to administer an oath to do justice between the parties, and after hearing all competent evidence offered by either party, touching the benefits as well as the damages that will result to the owner from the location of the railroad on such land or right-of-way, or on such track, or from the condemnation of the land sought to be obtained by the railroad company, the said assessors, or a majority of them, shall assess the damages to be paid by the railroad company, or value the property sought to be condemned, as the case may be. Their award shall be made in writing, shall specify the amount to be paid, and designate the right-of-way or the property so condemned, and when made shall be filed in the office of the Clerk of the Superior Court of the county in which the land lies, over which a right-of-way is sought, or which is sought to be condemned. The Clerk shall record the award in his office, and it shall, if not appealed from, have the force and effect of a judgment of the Superior Court. Either party dissatisfied with the award shall have the right of appeal to the Superior Court by giving written notice to the other party within ten days after said award has been filed, and entering an appeal in writing to the Superior Court. In case the owner of the land is under a disability, as provided in this section, and without a legal representative, the Ordinary may give the notice for such disabled person, and in same manner, service in a similar case may be given to the Ordinary where the company may enter an appeal, and issue shall be made on such appeal and tried in the Superior Court as cases at common law, with right to either party to except and carry same before Supreme Court. The entering an appeal shall in no case hinder or delay the construction and building the railroad or the erection of the buildings, etc., on said land or right-of-way, but the same may proceed from the time such condemnation proceedings are begun. If the appeal is entered by the railroad company, they shall give bond with security for the payment of the amount adjudged on the final hearing. Should no appeal be entered within ten days, and the company fail or refuse to pay the amount of the award, then the Clerk shall, on application of the owner, or Ordinary, where he is authorized to act, issue execution on said award, and proceedings shall be had thereon as in cases of judgments and executions in the Superior Court. All sums collected by the Ordinary for persons unrepresented and laboring under any of the disabilities contemplated shall be held by him for the use of such person, and he shall cause proper legal representatives of such person to be made, and the amount recovered

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shall be held and treated as a part of the estate of such disabled person, and in all cases the right of way or title to the property condemned shall rest and remain in the said company according to the terms of the award. Disputed right of way. Award. Appeals. Persons under disability. Effect of appeal. Sec. VIII. Be it further enacted by the authority aforesaid , That the principal office of said company shall be in the city of Columbus, in said State, but the board of directors may cause the same to be changed to any other county, where any portion of such railroad is located, by giving sixty dcys' notice of such change in a newspaper published in the city of Columbus, after such change has been approved by a majority of all the stockholders. Principal office. Change of. Sec. IX. Be it further enacted by the authority aforesaid , That said railroad company shall have power to make and issue bonds to such an amount, in such denominations and for such a rate of interest, not exceeding seven per cent. per annum, payable at such times and places as they may determine, and to secure the payment of the principal and interest of said bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property; also to make and issue preferred stock and give preferences in the payment of dividends as may best subserve the purposes and interests of said company. Bonds. Sec. X. Be it further enacted by the authority aforesaid , That the business and affairs of said railroad company shall be managed by a board of nine directors, who shall be elected annually by the stockholders, a majority of which board shall be residents of this State. The first election shall be held by the stockholders at their regular meeting in the year 1886 at such time and place as may be prescribed by the by-laws of the company; in all meetings of the stockholders each stockholder shall be entitled to as many votes as the shares owned by him or her. All elections shall be by ballot and the votes cast in person or by proxy duly given in writing. Under the organization had by virtue of the certificate of incorporation under existing laws, the following persons were chosen as directors to serve until the annual meeting of stockholders in 1886 and they are hereby appointed and authorized to act as directors of said company until the annual meeting of the stockholders in 1886, and until their successors are elected, to wit: G. Gunby Jordan, C. L. Davis, George P. Swift, jr., B. T. Hatcher, J. F. Flournoy, J. W. Woodfut, N. J. Bussey, sr., with all the powers conferred by this Act and the by laws of the company. The board of directors of said company shall have power to fill all vacancies which may occur in said board between the annual elections by stockholders, but the board shall have the authority, in their discretion, if they deem best after the passage of this Act, to call a meeting of stockholders at any time before the annual meeting in 1886 for the election of a new board of directors to serve until such annual meeting. Directors. Election of. Present directors. Called meeting of stockholders. Sec. XI. Be it further enacted by the authority aforesaid , That the present and all future boards of directors shall elect from their number a president of said railroad company, and to elect or appoint

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such other officers, agents and employees as they may deem necessary and proper to carry on the business of said company. The president and board of directors shall have power to conduct and control all the business and affairs of the company, except as to matters expressly ordered otherwise by the stockholders, to make all contracts, fix salaries, call in and demand payments of subscription in installments, or as they may deem proper, under penalty of forfeiting shares of stock subscribed for, and all previous payments made thereon, if payment shall not have been made within sixty days after demand, or notice shall have been published once a week for four weeks in the newspaper containing the sheriff's advertisements, published in the county of the principal office of the company, but the recovery by action of any installment shall preclude the company from forfeiting that stock by reason of non-payment of installments. The directors shall have power to adopt a corporate seal, make by-laws and regulations and declare dividends, but the stockholders shall have power to regulate and limit the powers of the board and modify and change the by-laws. Officers. Power of directors. Defaulting subscribers. Seal, by-laws, etc. Modification of powers of directors. Sec. XII. Be it further enacted by the authority aforesaid , That the stock in said company shall only be transferable on the books of the company, under regulations to be prescribed in the by-laws, but no share shall be transferred until the sum of one hundred dollars shall have been paid thereon to the company. Transfer of stock. Sec. XIII. Be it further enacted by the authority aforesaid , That the stockholders in said railroad company shall, in their private capacity, be bound to any creditor of the company for the amount of stock subscribed for by him or her, until such subscription is fully paid up, or until such stockholder shall have paid out of his private property debts of said railroad company to an amount equal to his unpaid subscription, and not otherwise. Liability of stockholders. Sec. XIV. Be it further enacted by the authority aforesaid , That this Act of incorporation shall continue and be of force for the term of fifty years. Term of charter. Sec. XV. Be it further enacted by the authority aforesaid , That said company shall have the power and authority to establish, maintain and operate a steamboat or a line of steamboats to navigate the Chattahoochee, Flint and Apalachicola rivers for the purpose of carrying freights and passengers for the benefit of and in connection with their said railroad, and in connection with the same. Right to run steamboats. 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 29, 1885.

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INCORPORATING THE CLASSIC CITY STREET RAILROAD COMPANY. No. 198. An Act to incorporate the Classic Street Railway Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, S. M. Herrington, John Gerdine, E. R. Bumby, A. S. Erwin, James S. Hamilton, M. B. McGinty, R. B. Russell and H. H. Carlton, and such others as they may associate with them, their successors and assigns, be, and they are hereby declared a body politic and corporate under the name and style of the Classic City Street Railway Company. Corporators. Name of corporation. Sec. II. Be it further enacted , That said corporation by said name shall have continuous succession and in that name shall be able to sue and be sued; to plead and be impleaded in any court of law or equity; may have and use a common seal and the same alter, renew and destroy at pleasure; and may make, alter and repeal such by-laws governing its own members, officers, attorneys, agents, employe's and persons dealing or having business with it as it considers proper; it may issue bonds at any time in an amount not greater than one-half the subscription to its capital stock; and it may acquire, purchase, accept, hold and enjoy or convey any property, real, personal or mixed, that may be necessary and profitable for the purposes hereinafter set forth, or which they may acquire in the progress of their business; it shall have power to fix the rates of toll for the carriage of persons and property and to collect the same; and said Classic City Street Railway Company shall have all the powers, facilities, rights and franchises necessary to successfully accomplish and carry on the objects of its corporation. General corporate powers. Issue bonds, etc. Rights as carriers Sec. III. Be it further enacted , That said company shall have power to survey, lay out, construct, equip, use and employ the following line of street railroads in the city of Athens, Georgia, as follows, to-wit: Beginning at a point on Broad street opposite the Dorsey House and running along Broad street to College avenue, thence along College avenue to Clayton street, thence along Clayton street to Lumpkin street, thence along Lumpkin street to Hancock avenue, thence along Hancock avenue to Pulaski street, thence along Pulaski street to Prince avenue, thence along Prince avenue to Milledge avenue and along Milledge avenue to the corporate limits of said city of Athens. Route. 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 Athens as it may deem best, in addition

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to that or those specially named in this Act, whenever it deems it to its interest so to do; but before said corporation shall begin work upon any other and further line or route of street railroad within the city of Athens, it shall first obtain the assent of the corporate authorities of said city to the same. Otherlines. Consent of municipal authorities. Sec. V. Be it further enacted , That the capital stock of said corporation shall be twenty thousand dollars, which may be increased to fifty thousand dollars should the business of the company require it, but said corporation may organize and commence business whenever the sum of four thousand dollars has been subscribed. Books of subscription to the capital stock of said corporation may be opened under the superintendence of the persons named in the first section of this Act, or a majority of them, and the capital stock of said corporation shall be divided into shares of fifty dollars each, and all subscriptions shall be paid in cash, or that which may be deemed its equivalent, in such installments as called for by the board of directors. Said persons named shall act as a board of directors until said corporation is organized, which shall be done within thirty days after the requisite subscriptions are obtained. Capital stock. Organization. Books of subscription. Value and payment of shares. Directors pro tem. Sec. VI. Be it further enacted , That all corporate powers of said company shall be vested in and exercised by a board of directors, one of whom may be president, and such officers and agents as said board may appoint. Said board of directors shall consist of seven members, who shall be stockholders in said company, the first board of directors to be elected at such time and in such manner as the corporators, or a majority of them, may determine, and annually thereafter by the stockholders of the company. Said directors shall hold their offices until their successors are elected and qualified and fill vacancies in their own numbers. In all elections each share of fifty dollars shall be entitled to one vote, and said shares shall be issued and transferable in such manner as the board of directors may determine. Said board of directors may also adopt such constitution, by-laws, rules and regulations for the management of the company and its business as are not inconsistent with the laws of this State and the United States. Permanent officers. Elections. Transfer of shares. By-laws, etc. Sec. VII. Be it further enacted , That said Classic City Street Railway Company may convey upon and over their line either passengers or freight, or both, as the public wants and its interests may require, and said company shall have exclusive right of laying out, constructing, equipping or using a street railroad upon any of the streets herein named for the term of fifteen years; Provided , that all the powers granted by this Act shall cease unless said company shall, within three years from the passage of this Act, begin the construction of said street railway and proceed bona fide in its construction. Rights as carriers. Right of way. Limitation of charter. Sec. VIII. This charter, unless forfeited as prescribed in the preceding section, shall continue for the term of fifty years, with the

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privilege of renewal at the end of that time, and it is granted after the mayor and council of the city of Athens 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 council, exhibited in both branches of the Legislature before the passage of this Act. Term of charter. Consent of municipal authorities. 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 30, 1885. INCORPORATING THE ATHENS, DANIELSVILLE AND EASTERN RAILROAD COMPANY. No. 231. An Act to incorporate the Athens, Danielsville and Eastern Railroad Company; to define its rights, powers and privileges, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That E. R. Hodgson, C. G. Talmadge, S. M. Herrington, John Gerdine, T. C. Hampton, T. L. Gantt and R B. Russell, of the county of Clarke; John Winter and James M. Smith, of the county of Oglethorpe; E. J. Christy and Young A. Daniel, of the county of Madison; R. D. Yaw and W. R. Little, of the county of Franklin, and A. G. McCurry and J. B. Benson, of the county of Hart, and such others as they may associate with them, their successors and assigns, be, and they are hereby incorporated and made a body corporate and politic under the name and style of the Athens, Danielsville and Eastern Railroad Company, and by that name they shall have continuous succession, and shall be able to sue and be sued; plead and be impleaded in any court; and may have and use a common seal and the same alter and renew at pleasure; and may make, change and repeal by-laws as herein stated; and said corporation shall have all the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintian the objects of its incorporation; it may purchase, condemn and acquire such rights-of-way as may be necessary or proper, as hereinafter provided, and may acquire by purchase such real estate as may be necessary; and shall have power to issue stock, borrow money, issue bonds, and secure the same by mortgage or elsewise, as hereinafter provided. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That said company shall have power to survey, lay out, locate, construct, own, operate, equip and use a main line of railroad from Athens, in the county of Clarke, to any point on the line of the Elberton Air-Line Railroad, which said company may deem best, or to the town of Carnesville, in Franklin

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county; and in case the main line of said railroad should not run to or through the town of Danielsville, said company may build a branch road from its main line to said town. Said railroad shall be built over the most convenient and practicable route between the points mentioned, and shall be built either narrow or broad gauge, as said company may deem best. Route. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not be less than thirty thousand dollars, with the privilege of increasing the same to any sum not exceding four hundred thousand dollars. Said stock shall be divided into shares of fifty dollars each, and whenever said thirty thousand dollars are subscribed and twenty per cent. thereof actually paid in, the stockholders shall elect a president and twelve directors, and each share shall be entitled to one vote, to be given in person or by proxy. Capital stock. Organization. Sec. IV. Be it further enacted by the authority aforesaid , That 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 with the consent of any five of them, in such places and on such days as said persons may deem expedient, and all subscriptions to such capital stock shall be paid in cash, or what the directors of said company may deem its equivalent, in such installments as called for by the directors. Books of subscription. Sec. V. Be it further enacted by the authority aforesaid , That in the event that any of the subscribers to the capital stock of said corporation shall at any time fail to pay any installment which may be required by the board of directors on the capital stock subscribed for, or held in his, her or its name, then said board of directors shall have power to declare said capital stock and all installments previously paid on it forfeited to said corporation, and said defaulting subscriber or subscribers shall be thenceforth debarred against all rights of recovery from said corporation for the stock so forfeited or its value; Provided , that said board of directors shall, before such forfeiture, give to such delinquent subscriber or subscribers ninety (90) days' written or printed notice; and provided further , that in no instance shall a greater amount of the subscription already paid in be forfeited than is necessary to meet the unpaid balance due the company by such delinquent. Defaulting subscribers. Proviso. Sec. VI. Be it further enacted by the authority aforesaid , That the said board of directors shall continue in office until their successors are elected and installed in office, and shall have power and authority to establish, alter and amend all such by-laws, rules and regulations, not in conflict with the constitution and laws of this State or of the United States as they may deem necessary or advantageous for the government of said corporation or the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said corporation necessary or proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the board of

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directors or in the offices of said company by death, resignation or otherwise. The board of directors shall have authority to enlarge the number of its members from time to time so that the same may consist of not exceeding fifteen members. They shall have power to call in from time to time, as they may deem proper, such installments of the original or the increased capital stock of said corporation as may remain unpaid from time to time, and at any time, and to receive cash or what they may consider its equivalent in payment thereof. They shall have authority to manage and conduct all of the business of corporation of every kind to make contracts, to borrow money, to make notes or other evidences of debt, to issue bonds at any time, and from time to time, as in their judgment the exigencies of the company may require, not inconsistent with the laws of this State, and to execute, if deemed expedient by them, any deed or deeds of mortgage, or any deed or deeds of trust or security for the fulfillment by said corporation of its contracts, obligations or liabilities of any and every kind. Term and power of directors. Sec. VII. And be it further enacted , That said corporation is hereby invested with all and singular the rights, powers and authority which are necessary or proper to enable it to locate, construct, use, enjoy and maintain its said railroad from Athens to such point on the Elberton Air-Line as may be best as aforesaid, and such other extensions or franchises or both as herein before authorized, and said corporation may run across any part of any other railroad or railroads, or its or their right of-way, necessary or proper to reach its freight depot, or the general or union or common passenger depot in any city through or near which its said railroad may run; Provided , said corporation acquires the right to run over such part of any such railroad or its right-of-way as may be necessary or proper as aforesaid by contract, lease or purchase. Special corporate powers. Right of way. Sec. VIII. Be it further enacted , That in the event that said corporation does not procure from the owners thereof by contract, lease or purchase the titles to the lands or rights-of-way necessary or proper for the construction or connection of its said railroad and its branches, or necessary or proper for it to reach its freight depot or the passenger depot in any city in this State, as provided in this charter, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons as aforesaid upon paying to the owner thereof, or to his or her or its legally authorized representatives, just and reasonable compensation, and when not otherwise agreed upon this shall be assessed and determined in the same manner as provided by the laws of this State as contained in the Code of 1882, section (6896). Disputed right of way. Sec. IX. Be it further enacted , That the principal office of said corporation shall be in Athens, Georgia, but said corporation shall have power and authority to establish branch offices for the transfer of stock or the transaction of its business in such other places as the directors may deem best for its interest, and all notice and legal

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processes may be served on said corporation as now provided, or may hereafter be provided by law for service on corporations. Principal office. Branch offices. Service of process. Sec. X. Be it further enacted , That said corporation shall be entitled to commence operations and exercise all the rights, powers, privileges, functions and franchises hereby granted as soon as the sum of thirty thousand dollars has been bona fide subscribed on the books of said corporation as hereinbefore provided. Beginning business. Sec. XI. Be it further enacted , That the minutes of the proceedings of the board of directors shall be kept in a book or books provided for that purpose, and shall be signed by the president and by the secretary, and the same shall be subject to the inspection of any stockholder, under such reasonable rules and regulations as may be provided therefor. Minutes. Sec. XII. Be it further enacted , That the property of said corporation shall always be subject to the same rates of taxation as may be fixed by the laws of this State, from time to time, upon other railroad property of this State not having special exemptions or rates of taxation in their charters. Taxation. Sec. XIII. Be it further enacted , That if the work upon said road shall not be commenced in good faith within five years of the approval of this Act, then all the rights, powers and franchises herein provided for shall cease and be forfeited. Limitation of charter. 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 October 5, 1885. INCORPORATING THE SAVANNAH AND TYBEE RAILWAY COMPANY. No. 256. An Act to incorporate the Savannah and Tybee Railway Company; to grant certain powers and privileges to said company, 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, David G. Purse, John C. Rowland, Herman Myers, DeWitt C. Bacon, Alfred L. Hartridge, Samuel P. Hamilton, Elton A. Smith, John J. McDonough, Henry Blun, Nathaniel O. Tilton, John M. Purse, Edward F. Neufville, Joseph J. Dale, John G. Butler, and all other persons who may hereafter become stockholders in said company, and their assigns, are hereby created a body corporate and politic under the name and style of the Savannah and Tybee Railway Company, and under and by that name said company may sue and be sued, plead and be impleaded in any court of law or equity in this State; have

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a common seal, and the same may alter at pleasure, and make and ordain such rules, by-laws and regulations, not repugnant to the constitution and laws of this State and of the United States, as may be necessary and proper for the government and protection of said corporation, and shall be capable in law to have, hold, purchase or receive by grant, purchase or gift any lands and tenements, personal property, goods, chattels and effects that may be requisite and necessary, or that may facilitate the accomplishment of the purposes for which said corporation is created, and to secure the full enjoyment of all the rights, privileges and immunities granted and conferred in and by this Act, and generally to do, perform and execute all such acts, matters and things as may appertain to corporations of like character. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the capital stock of said corporation shall be two hundred and fifty thousand dollars, with the privilege to the directors of the same to increase said capital stock to five hundred thousand dollars, or any less sum, to be divided into shares of fifty dollars each. Capital stock. Sec. III. Be it further enacted , That the corporators herein named, or a majority of them, shall cause books of subscription to be opened in the city of Savannah, and in such other place or places as they may desire and designate, given by their chairman or secretary, to be chosen by themselves, by public notice for at least thirty days in one or more of the public gazettes of the city of Savannah, and of such other places as may have books opened in them for subscriptions, which books of subscription shall be kept open (4) four weeks, and as much longer as may be deemed expedient, and any person, firm or corporation desiring to make a bona fide subscription to the capital stock of said company shall be permitted to do so; Provided , that no corporation shall subscribe for more than one hundred shares previous to the first election for directors, and when the sum of fifty thousand dollars shall have been taken by bona fide subscribers, the said corporation may organize and proceed to lay out and construct the road as hereinafter provided. Books of subscription. Proviso Sec. IV. Be it further enacted , That the corporators herein named, or a majority of them, by their chairman or secretary, shall give twenty days' notice in one or more of the public gazettes of Savannah, when an organization may be effected under this Act, convening the subscribers to the stock for the purpose of electing seven directors to manage the affairs of said company, who shall hold their offices for one year and until their successors shall be elected or installed, and said directors shall from their number elect a president and a vice president, the latter office to be created or abolished at the pleasure and discretion of the directors, and the election for directors and president and vice president shall thereafter take place annually at such time as may be established by the rules and by-laws of the company, which rules and by-laws the president and board of directors are hereby fully authorized to make. Organization. Directors. Officers. Elections.

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Sec. V. Be it further enacted , That at the first election hereinbefore provided, each subscriber to the capital stock of said company shall be entitled to one vote for each share subscribed for by him, or which he may represent by power of attorney, and in all other elections thereafter each stockholder shall be entitled to one vote for each share of the capital stock which he may own or represent by power of attorney, upon which all installments which shall have been called for and have become due shall have been fully paid up. Vote of stockholders. Sec. VI. Be it further enacted , That the president and directors of said company shall have power to conduct and control all the business and affairs of the corporation, except as to matters otherwise expressly ordered by the stockholders, or a majority of them, in meeting assembled, to make all contracts and appoint all officers, agents and servants necessary in their opinion for conducting the business, and to confer on them, or any of them, any power and authority touching the business for which they may be employed that the president and directors themselves have. Power of president and directors. Sec. VII. Be it further enacted , That the board of directors may call for the payment of the subscriptions to the stock in installments on each share in such proportions and at such times as in their discretion may be necessary, not to exceed fifty dollars in all on each share, giving notice in the public gazettes of the city of Savannah of such call at least thirty days before the same is to be paid. Payment for stock. Sec. VIII. Be it further enacted , That certificates of stock shall be issued, on payment of the subscriptions in full, in such form as the directors may prescribe, which shall be transferable on the books of the company only by the stockholder, or his lawful attorney or legal representative, except in cases of levy and sale under judicial process, when the transfer may be made by the officer duly authorized by law. Certificates of stock. Transfers. Sec. IX. Be it further enacted , That said corporation shall have full power and authority to construct, maintain and equip and use a railway from some point near the city of Savannah to and upon the island of Great Tybee, with as many tracks as their business and convenience may require for the transportation of produce, goods, wares, merchandise and passengers, with a right of-way of two hundred feet, except from the line of King's landing tract eastward to what is known as Screven's line on Tybee Island, in which space the said right-of way shall not be more than sixty feet and shall not be nearer than one hundred and fifty feet to the line of highwater mark on the Savannah river side without the consent of the owner of said land, unless it shall be necessary to the construction of said road that said right-of-way shall come nearer to said line of high-water mark, which necessity, in case of disagreement, shall be determined by three arbitrators to be chosen in the same manner as in this Act provided for the selection of appraisers to assess the value of private property. Special powers. Route. Right of way. Sec. X. Be it further enacted , That said corporation shall have full power and authority to carry such railway over and across all rivers,

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creeks or water courses that may be in the route thereof by suitable bridges or other proper means; Provided , that when said railway shall cross any navigable streams or water course the same shall not be so constructed as to obstruct the navigation thereof. Right to cross water courses. Sec. XI. Be it further enacted , That the said corporation shall have the right-of-way over the marshes and vacant and ungranted lands of said State, in said county of Chatham, and to use and appropriate so much of said marshes and vacant and ungranted lands as may be necessary for the erection of station houses, water tanks, side tracks, switches and wharves along the line of said road and beyond the right-of-way hereinbefore specified: Provided , however, that the right, title and interest of the commissioners appointed under the Acts of December 22, 1829, and March 4, 1856, of, in and to any of said vacant and ungranted lands when ascertained and determined by the surveys, provided for in said Acts, shall be paid for by the said corporation at the price that may be mutually agreed on by and between the said corporation and the said commissioners, or upon a failure to agree, then at a valuation to be fixed by three sworn appraisers to be chosen in the manner provided in section 12 of this Act, and whose award shall have the sams force and effect as is provided in said section 12; and provided further , that if, after the surveys of vacant and ungranted lands under said Acts of December 22, 1829, and March 4, 1856, the trustees of Chatham Academy, shall elect to take as part of the five thousand acres granted to them in and by said Acts, the vacant and ungranted lands appropriated by said corporation under this Act, that the price of said lands so appropriated shall be paid to the trustees of Chatham Academy and not to the said commissioners, said price or value to be ascertained and determined in the same manner as hereinbefore provided; and provided further , that if, after such vacant and ungranted lands shall have been paid for by said corporation to the said commissioners, or to the said trustees of Chatham Academy, the same lands shall be adjudged by a court of competent jurisdiction to be the private property of any other person or persons, and not vacant or ungranted lands, that in any such case that said commissioners, or the said trustees of Chatham Academy, shall refund to the said corporation the price paid by it for such private lands. Right of way over marshes and ungranted lands. Proviso. Rights of trustees of Chatham Academy. Of private persons. Sec. XII. Be it further enacted , That in all or any case or cases where private property may be required by said corporation for the uses aforesaid, and the same, for want of agreement between the owners and the corporation as to price, or by reason of any disability of the owner to contract, cannot be purchased from the owner or owners thereof, then the same may be taken at a valuation to be fixed and determined by the written award of three sworn appraisers, one to be chosen by the company, one by the ownerif he shall think proper to do soand one by the Ordinary of the county of Chatham, and if such owner or owners shall decline to appoint an appraiser, then the Ordinary shall appoint two of the appraisers, the award of the appraisers to be filed in the office of the Clerk of

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the Superior Court of Chatham county, and to operate as a judgment to be enforced if necessary by execution, with the right of appeal by either party to the Superior Court of Chatham county, such appeal to be made by written notice served upon the opposite party, within thirty days from the filing of the said award in the said Clerk's office, and to be for trial at the next term of said court, which shall be in twenty days after said notice of appeal is given, and upon the payment of the final award to the said owner or owners, or by a deposit of the same in the registry of the said Superior Court, the fee simple title to such property so condemned shall vest in the said corporation. Disputed right of way. Appeal. Sec. XIII. Be it further enacted , That said corporation shall have power and authority to connect said railway with any other railway now constructed, or that may be hereafter built in said county of Chatham, and to lease the said railway, with its appurtenances, privileges and franchises, to any other corporation or company, and to sell the said railway with the franchises, privileges and appurtenances, and the lessee or purchaser shall have the right to exercise, use and enjoy all the powers, rights and privileges of the said corporation; Provided , that nothing herein contained shall be construed to give said corporation the right to connect with other railroads within the corporate limits of the city of Savannah without the consent of the mayor and aldermen of said city. May connect with other roads. May lease Or sell. Consent of municipal authorities. Sec. XIV. Be it further enacted , That said corporation shall have power and authority to build, own and conduct one or more hotels on said island of Great Tybee for the accommodation of guests, and to lease the same to any other person, firm or corporation on such terms as the directors may determine, and to sell and dispose of the same separate and apart from any other property owned by said corporation. Right to build hotels, etc. Sec. XV. Be it further enacted , That said corporation shall have power and authority to purchase, hold and own wharves and warehouses and to charge reasonable rates of wharfage and storage in connection with the transportation of freight and passengers, subject to the laws in force within the corporate limits of the city of Savannah. To purchase wharves, etc. Sec. XVI. Be it further enacted , That the president and directors shall have power to borrow money for the building or equipping of said railway, and to issue bonds, certificates or other evidences of such loan or loans, or for the funding of any debt or debts of said company, and to mortgage or otherwise encumber any or all of the property of the corporation to secure said bonds. May borrow money, etc. Sec. XVII. Be it further enacted , That the said corporation shall have perpetual succession, subject to the visitorial and legislative control reserved by the constitution of this State over corporations. Perpetual succession. Sec. XVIII. Be it further enacted , That if said corporation shall not bona fide begin to construct and operate said railway within five years after the passage of this Act, then this charter shall become null and void. Limitation of charter.

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Sec. XIX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 6, 1885. INCORPORATING THE MONTICELLO AND EATONTON RAILROAD COMPANY. No. 258. An Act to incorporate the Monticello and Eatonton Railroad Company; to confer certain privileges on the same, and for other purposes therein provided. Section I. Be it enacted by the General Assembly of the State of Georgia , That E. B. Smith, John C. Key, E. H. Jordan, John H. Kelly, O. M. Benton and M. A. McDonald, of the county of Jasper; N. S. Walker, W. C. Anderson, D. T. Singleton and John R. Hudson, of the county of Putnam, and such other persons as shall be associated with them under said name, shall be, and they are hereby made and constituted a body corporate and politic, with all the rights and privileges common and necessary to such a corporation, and such other rights and privileges as are hereinafter provided for and conferred, under the name and style of the Monticello and Eatonton Railroad Company. Corporators. Name of corporation. Sec. II. Be it further enacted , That said company be, and it is hereby authorized to construct a railroad, with one or more tracks, to be used with steam, from the town of Monticello, in Jasper county, to Eatonton, in the county of Putnam. Route. Sec. III. Be it further enacted , That said corporators, their associates and successors, be, and the same are hereby authorized, for the purpose of securing stock in said company, to open books and procure subscriptions of stock at the rate of one hundred dollars per share, at such times and places as they may deem proper; to borrow money, issue certificates of stock and other certificates or evidences of debt or claim as may be deemed expedient; to issue bonds and other securities, and to make the same convertible to stock at the pleasure of the holder; to create mortgages and other liens to secure loans, or otherwise pledge the road or other property of the company; to make any and all lawful contracts for the purchase of cars, iron, rails, materials for depots, and other articles and things that may be necessary to carry out the object of the incorporators; to buy, sell, hold and use real and personal property; to sue and be sued, plead and be impleaded in any of the courts of this State or of the United States, and to have and enjoy all and singular the rights and privileges usually conferred upon corporations of this character. Books of subscription. Value of shares. Borrow money, etc.

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Sec. IV. Be it further enacted , That calls for the payment of shares of stock by the subscribers may be made at such times and in such installments as may be deemed expedient by the directors and consistent with the terms of subscription, notices of such calls being first given in some public gazette most accessible to the subscribers, and having a general circulation about them, for thirty days. When notice is given, if any share holder shall fail or refuse to pay in the installments required in such call by the president and directors, or a majority of them, within ninety days after the call shall have been advertised as aforesaid, it shall and may be lawful for the president and directors, or a majority of them, to sell at public auction and to convey to the purchaser or purchasers the share or shares of the defaulting stockholder. Twenty days' notice of the time and place of sale must be given, and after retaining the sum due under said call, and all the expenses incident to the sale out of the proceeds, they shall pay the surplus to the former owner, or his legal representative or assignee, and any of the purchasers of stock under said sale shall be subject to the same rules and regulations as the original owner, and no sale by the original proprietor of stock, or assignees, shall relieve the original proprietor from his obligation to the company to pay the full amount of his subscription. In addition to the foregoing remedy, the president and directors may proceed, by action of assumpsit or debt, in any of the courts of law in this State for the recovery of the installments due and not paid by any delinquent stockholder or his assignee, who shall not pay the same on requisition made in manner and form as aforesaid, or the president and directors, or a majority of them, may declare the share or shares of any stockholder in arrears, after thirty days' notice, forfeited for the use and benefit of the company. Payment for stock. Default. Sec. V. Be it further enacted , That the said railroad, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred or assigned in such manner as may be directed by the by-laws of said company, and shall have full power to consolidate or connect with any other railroad company in or out of this State; Provided , that in case of sale or consolidation, the purchaser or purchasers of the consolidated company shall assume all the liabilities of the company in debts or bonds with interest thereon at the time. Sale, lease, etc., of road and franchises. Proviso. Sec. VI. Be it further enacted , That the capital stock of said company shall be fixed at one hundred thousand dollars, but if this sum is deemed insufficient by a majority of the board of directors, it shall and may be lawful, at some general meeting of the stock-holders, from time to time to increase the same to an amount sufficient to carry out the object of the corporators by the addition of as many shares as may be necessary for that purpose, and the president and directors shall first give the individual stockholders for the time, or their legal representatives, the option of taking such stock, and if the same is not taken by said stockholders, the president

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and directors may cause books to be opened under the direction of commissioners, to be appointed by them at such time and place as they may designate, which shall be duly advertised, for subscription for such additional stock, or for so much thereof as may not be taken by the individual stockholders, and the subscribers for such additional shares and hereby thenceforward incorporated into said company with all the privileges and advantages and subject to all the regulations and liabilities of the original stockholders. Capital stock. Increase of. Sec. VII. Be it further enacted , That said company shall have the exclusive right of transporting goods, persons, merchandise and other articles and things over said road to be by them constructed, and shall have power to fix and establish such rates of charges as the board of directors may establish, not inconsistent with the constitution and laws of this State, and shall have power to pass all by laws and regulations necessary to carry out the object of the corporators, subject to the laws of this State and of the United States. Rights as carriers. Sec. VIII. Be it further enacted , That the incorporators herein named shall be ex-officio directors for said road until their successors are elected, and shall have power to elect their president and treasurer and all other officers and agents that they may deem necessary, and to fill all vacancies that may occur by death, resignation or otherwise. Directors. Sec. IX. Be it further enacted , That in obtaining the right-of-way along the line of said projected road, when a question of right-of-way may arise and the parties being unable to agree, upon the application of either party, the sheriff of any county in which the land is situated shall summon a jury of twelve freeholders of the county, whoshall assess the damages to be paid by the company for running said road through the land of the citizen, saving to either party the right to appeal to the Superior Court of the county, in which event the foreman of the jury shall return the proceedings, together with the appeal bond, within ten days from the day of their finding. In such trials the jury shall be severally sworn in assessing damages to take into account the probable enhanced value of the land by reason of the building of the road through the land, in addition to the oath to truly and justly assess said damages; Provided , that in no case shall the right of-way extend more than one hundred feet in width on each side of said road, but in no case shall the amount of damages be less than the actual value of the land taken. Disputed right of way. Sec. X. 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 October 6, 1885.

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INCORPORATING THE WACO AND BOWDEN RAILROAD COMPANY. No. 261. An Act to incorporate the Waco and Bowden Railroad Company, and to authorize said company to build and operate its road from the town or Waco, in the county of Haralson, Georgia, southward to Bowden, Carroll county, Georgia, and to grant certain powers and privileges to the same, and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , That for the purpose of constructing a railroad as set forth in this Act, Robert F. Maddox, John Silvey, John R Gramling, B. F. Abbott, of the county of Fulton, and Jas. W. Downs, Sr., L J. Aderhold, George A. McDaniel, J. W. Adamson, W. H. Barrow, T. A. C Smith and J. H. Word, of the county of Carroll, their associates and assigns, be, and they are hereby declared to be a body corporate and politic by the name of the Waco and Bowden Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, acquire, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators. Name of corporation. General corporate 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 two hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That whenever the sum of twenty thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by notice in a public gazette for ten days, published in the city of Carrollton, call a meeting of the stockholders or subscribers to the capital stock of said company to be held in the town of Bowden for the purpose of electing from their own number a board of directors, of not less than five nor more than nine, to manage and control the business of said company for one year, and until their successors are elected and installed, and said board of directors, as well as all other boards of directors that may be thereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the board and company and to appoint and employ such officers, agents and servants as may be deemed proper by said board of directors. First meeting of stock holders. Directors. Sec. IV. Be it further enacted , That in the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy or by power of attorney, upon which ten per cent. has been paid. Vote of stock holders.

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Sec. V. Be it further enacted , That when said corporators have complied with the requirements set forth, and directors have been elected, the entire business and management of the affairs of said company books of subscription shall be turned over to said board. Beginning business. Sec. VI. Be it further enacted , That when the board of directors shall have been elected, they and their associates and successors shall be deemed and held a body corporate and politic under the name and style of the Waco and Bowden Railroad Company, with continuous successionand the rights, powers, privileges, usual and necessary to such a corporationfor fifty years. Term of charter. Sec. VII. Be it further enacted , That said company shall have power to survey, locate, contract, make, build, maintain, equip, use and operate a railroad from Waco, in Haralson county, Georgia, southwestward through a portion of Haralson county and a portion of the northwestern part of Carroll county, to Bowden, Georgia, near the State line of Alabama, and shall have power to accept, purchase, lease, have and hold and convey any property, real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery and do such other things as it may deem necessary and proper for its advantages and benefit. Route. Right of way. Sec. VIII. Be it further enacted , That when a question of right-of-way arises and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the Sheriff of the county in which the land is located, at the request of either party, shall summons five disinterested freeholders of said county, who shall assess the damage to be paid by said company, who shall be sworn to do justice impartially between the parties, which assessment shall be final, unless an appeal be entered to the Superior Court of said county within four days, which may be done by complying with the law of appeals to the Superior Court. Each party shall be entitled to ten days' notice of time and place of hearing by Sheriff unless the same be waived. Disputed right of way. Sec. IX. Be it further enacted , That until the board of directors be chosen, a majority of the corporators may do any and all things needful to carrying on the affairs of the company. Preliminary power of corporators. Sec. X. Be it further enacted , That said company may contract loans, borrow money, mortgage its property, real or personal, and the franchise, and do any and every act necessary to its interest and advantage not inconsistent with the laws of Georgia. Special powers. Sec. XI. Be it further enacted , That in case of the failure of said company, the stockholders shall be bound in their private capacity to the creditors of said corporation only to the amount of their unpaid subscription, if any be unpaid, or if said stockholders have paid debts of the company to the amount of his subscription, then he shall not be liable. Liability of stockholders. Sec. XII. Be it hereby enacted by the authority aforesaid , That the general direction and location of said railroad shall be at least ten miles from any railroad already constructed, but this section shall not be construed to refer to any point within ten miles of either

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terminus, or to prevent said roads from running as near to each other for said first ten miles from either terminus as the interest of said company building the new route may dictate. Rights of route as to other railroads. Sec. XIII. Be it further enacted , That all laws in conflict with this Act be, and are hereby repealed. Approved October 6, 1885. INCORPORATING THE COLUMBUS AND NORTHERN RAILWAY COMPANY. No. 263. An Act to incorporate the Columbus and Northern Railway Company; to confer certain powers and privileges on the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That G. Gunby Jordan, Daniel P. Dozier, George P. Swift, Jr., John F. Flournoy, B. T. Hatcher, William A. Little, B. C. Ferrell, B. H. Bigham, J. G. Truitt and E. B. Pittman, and such persons as may hereafter be associated with them, are hereby constituted a body corporate under the name of the Columbus and Northern Railway Company, with power to contract and with such general rights and privileges as are now conferred by law and as are incident to similar corporations. Corporators. Name of corporation. Sec. II. Be it further enacted by the authority aforesaid , That said company shall have power and they are authorized and empowered to survey, lay out, construct and maintain a railroad from the city of Columbus, in Muscogee county, by way of the city of LaGrange, in Troup county, through the counties of Heard, Carroll, Haralson and Polk to the city of Rome, in Floyd county, by way of Carrollton, in Carroll county, Buchanan, in Haralson county, and Cedartown, in Polk county, and the said company shall have the right to cross any existing railroad when it may be necessary to construct said road along the route herein designated. Route. May cross other railroads. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be one million of dollars, divided into shares of one hundred dollars each. Capital stock. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have the right to enter upon the lands of any other person or corporation, and use the same for the purposes of a right-of-way and for the erection of depots, stations and other purposes necessary for such corporation to carry out the objects of their incorporation, upon paying or tendering to the owner just and reasonable compensation for the same; Provided , that in no event shall the amount allowed be less than the actual value of the land taken. Right of way.

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Sec. V. Be it further enacted , That when damages for the right-of-way, or the value of land sought to be condemned, cannot be agreed on by the owner and the company, the owner may choose an appraiser, the company one also, the two appraisers a third appraiser, the three having been first sworn to do justice to the parties, and in estimating the damages or the value of the land, as the case may be, to take into consideration both the damage as well as the benefits which may accrue from the location of the railway; shall estimate the amount of damages to be paid or the value of the land condemned. They shall make their award in writing, file it in the office of the Clerk of the Superior Court of the county where the land lies. After the same has been filed for ten days, the award shall have the force and effect of a judgment of the Superior Court, and may be enforced by execution; Provided , either party may, within ten days after the award is filed, in writing enter an appeal therefrom to the Superior Court, which appeal shall be tried under the law regulating appeals in the Superior Court; Provided further , that the proceedings to locate the road on such land may proceed from the time the parties fail to agree, and shall not be stopped by such proceedings to estimate the value of the right-of-way or the land, it the company will give bond and security to pay the amount which on the final trial may be awarded against them; Provided further , that if the owner of the land fails or refuses, on notice, to select an appraiser, or is under any legal disability, the Ordinary shall select an appraiser for him or her, who shall act as if selected by the owner. Disputed right of way. Appeal. Effect of appeal. Sec. VI. Be it further enacted by the authority aforesaid , That there shall be nine directors chosen by the stockholders to manage the affairs of the company, and until the directors are chosen the corporators herein named shall exercise the powers of the directors, and the directors shall make suitable by-laws and regulations for the government of the company, subject to ratification by a vote of the stockholders, in all elections by whom one share of paid-up stock shall be entitled to one vote. Directors. Sec. VII. Be it further enacted by the authority aforesaid , That the corporators named herein and the board of directors after them shall have power to open books and receive subscription to the capital stock of the company, and may commence work whenever five per cent. of the capital stock may have been paid in. Books of subscription. Beginning business. Sec. VIII. Be it further enacted by the authority aforesaid , That the right-of-way of said railway shall not be more than one hundred feet on each side from the centre of the track. Width of right of way. Sec. IX. Be it further enacted by the authority aforesaid , That said company shall have the power to hold real and personal property, to issue bonds and create mortgages and liens on their property, railroad stock and franchises. Bonds, etc. Sec. X. Be it further enacted , That this charter, with all its privileges, rights and franchises, shall be void and the same forfeited on failure of the corporators or owners thereof to organize and in good

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faith commence the work within three years and complete it in seven years. Limitation of charter. Sec. XI. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act are repealed. Approved October 6, 1885. INCORPORATING THE COVINGTON AND MACON RAILROAD COMPANY. No. 271. An Act to ratify and confirm the charter obtained by B W. Frobel, Jesse A. Ansley and L. F. Livingston, on June 11, 1885, under the general railroad law of this State, approved September 27, 1881, and the Act amendatory thereof, approved September 28, 1883, to grant to the Covington and Macon Railroad Company all the rights, privileges and franchises named in the charter granted to said Frobel, Ansley and Livingston authorizing the construction of said railroad, and for other purposes. Whereas, B W. Frobel, of the county of Fulton; Jesse A. Ansley, of the county of DeKalb, and L. F. Livingston, of the county of Newton, all of said State, did, on the eleventh day of June, 1885, obtain a charter for the construction, equipping and operating a railroad from Covington, in the county of Newton, to Macon, in the county of Bibb, running through, in whole or in part, the counties of Newton, Jasper, Jones and Bibb, and did organize said company as by law authorized and required; and Preamble. Whereas, Said incorporators under said charter have caused to be surveyed the route from Covington to Macon, have taken subscriptions to the stock of said company, acquired right-of-way for the bed of said railroad, and done other acts in their corporate capacity under the terms of said general law: now therefore, Section I. Be it enacted by the General Assembly of Georgia . That the said charter granted to the said B. W. Frobel, Jesse A. Ansley and L. F. Livingston, as incorporators and directors of the Covington and Macon Railroad Company under the terms of the Act establishing a general railroad law for the State of Georgia, approved September 27, 1881, and the Act amendatory thereof, approved September 28, 1883, be, and the same is hereby ratified and confirmed as if originally granted by the General Assembly, granting and confirming unto said Covington and Macon Railroad Company all the rights, privileges and franchises set forth and specified in said charter. Charter granted certain persons under general railroad incorporation law confirmed to Covington and Macon railroad.

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Sec. II. Be it further enacted by the authority aforesaid , That the acts and doings of the said directors of said Covington and Macon Railroad in extending the said railroad from Covington to the line of the Richmond and Danville or Atlanta and Charlotte Air-Line Railroad, passing through the counties of Newton, Walton, Gwinnett and Hall, under the provisions of the said general railroad law, be, and they are also fully confirmed and ratified as if originally granted and authorized by the General Assembly. Certain acts done thereunder ratified and confirmed. 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 October 6, 1885. INCORPORATING THE ROME WESTERN R. R. COMPANY. No. 282. An Act to incorporate the Rome Western Railroad Company, and to grant certain powers to the same, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That for the purpose of constructing a railroad from the city of Rome, Georgia, westwardly in the direction of Decatur, Alabama, to the line between the States of Georgia and Alabama John W. Turner, R. G. Clarke, D. B. Hamilton, Eben Hillyer, H. M. Smith, George Hillyer, C. H. Phinizy, Joel Branham and R. P. Sibley, their associates and assigns, be, and they are hereby declared to be a body politic and corporate by the name and style of the Rome Western Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase and receive, have, hold, use and enjoy and possess such real and personal property as may be necessary and proper for the use of said railroad company. Corporators. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the capital stock of said Rome Western Railroad Company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of five hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That when the sum of ten thousand dollars has been bona fide subscribed to the capital stock of said company, said company may begin work on said railroad, and proceed with the same, and the corporators hereinbefore named are hereby authorized to perform all the duties of, and are hereby clothed with all the rights and powers vested in, the board of directors until a regular board of directors is hereby elected as provided in this Act; the said corporators shall be and remain a board of directors until the said railroad is built and completed to the line between the States of Georgia and Alabama, and they shall have

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power and authority to elect from their own number a president, and they shall have power to add to their board of directors, by a majority vote of said board, not exceeding five (5) additional directors. If any of said officers shall d e, remove from the State or resign, a successor or successors shall be elected as herein provided; that meetings of the stockholders may be held, after ten days' notice of the time and place of meeting shall have been given in some newspaper published in Rome, for the election of any director or directors, or for any other business of the company necessary to be transacted by the stockholders, and the board shall have power and authority to manage and control the business of said company till their successors are elected; said boards hereafter elected shall consist of not less than nine persons, and the corporators, who are hereby created a board of directors, and any subsequent board of directors, shall have power and authority to mortgage and pledge the road-bed, franchise, stock and property of the company, and to issue mortgage bonds, by the consent of a majority of two-thirds of said boards, for the construction and equipment of said road, and all boards hereafter elected shall elect from their own number a president, and such boards and the corporators, who are hereby created a board of directors, shall have power to make and adopt by-laws for the government and control of the company and of the boards, and to appoint and employ such officers, agents and servants as the said board or boards may deem necessary and proper. Beginning business. Corporators named to be directors. Their power. Meetings of stockholders. Permanent board of directors. Their powers. Sec. IV. Be it further enacted , That in the elections by stockholders herein provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy, by power of attorney, upon which ten per cent. has been paid; Provided , however, that no subscriber shall be excluded from voting if ten per cent. has not been called for. All proxies and powers of attorney must be voted by stockholders. Vote of stockholders. Proviso. Sec. V. And be it further enacted , That when said corporation shall have complied with the requirements herein set forth, the books of subscription to the capital stock of said company, together with all other books and papers pertaining to the business of said company, shall be turned over to the board of directors, and there-upon the corporators, who are also created directors, and their associates and successors, shall be deemed, held and considered a body politic and corporate under the name and style of the Rome Western Railroad Company, with perpetual succession and the rights, powers and privileges usual and necessary to such a corporation. Organization. Sec. VI. And be it further enacted , That said company shall have power to survey, locate, construct, build and equip, maintain, use and operate a railroad from Rome, Georgia, westwardly in the direction of Decatur, Alabama, passing through the county of Floyd, in the State of Georgia; and said company shall have power to accept, purchase, lease, have, hold and convey any property, real, personal or mixed, and to erect such depots, shops and buildings and

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to operate such machinery and do such other things as it may deem proper for its advantage and benefit. Route and right of way, etc. Sec. VII. Be it further enacted , That the said railroad company may occupy and have for its right-of way a strip of land not exceeding two hundred feet in width, and in all cases where a question of payment for right-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the Sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five (5) disinterested freeholders of said county, who shall assess the damages to be paid by said railroad company, after being sworn to do justice impartially between the parties, which assessment shall be final and conclusive, unless an appeal shall be entered within four (4) days after said decision to the Superior Court. Said appeal may be made by either party upon complying with the existing rules for appeals in the Superior Court. Each party shall be entitled to ten days' notice of the time and place of hearing by the Sheriff. Disputed right of way Sec. VIII. And be it further enacted , That 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 and by laws of said company. Land in payment for stock. Sec. IX. And be it further enacted , That in case of the failure of said corporation, the stockholders shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by him, until the said subscription is fully paid up, or until the stockholder shall have paid out of his private funds debts of the said corporation to an amount equal to his unpaid subscription. Liability of stockholders. Sec. X. And be it further enacted , That the said company shall have power and authority to consolidate its road and franchise with any other railroad company or companies now or to be hereafter incorporated by this State, or by the State of Alabama, upon such terms as may be agreed on by them, and said Rome Western Railroad Company shall have the right to cross the track of any other road with its own track whenever it may be necessary and proper so to do Consolidation with other companies. Crossing other tracks. Sec. XI. And it is further enacted , That said Rome Western Railroad Company may construct and use a road-bed and track jointly with any other railroad company now or hereafter incorporated by the laws of this State, so far as it may be advisable and proper to do so, upon such terms as may be agreed on by such companies; and said Rome Western Railroad Company shall have power and authority to lease its franchise and property to any railroad company now or hereafter incorporated by the laws of this State or of Alabama; and said Rome Western Railroad Company shall have the power and authority to lease or purchase any other railroad, its property, franchises, privileges and exemptions, that may be now or hereafter incorporated by the laws of this State or of Alabama; Provided , there shall be no sale, lease or transfer of said road, or the

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franchises, or combination, or consolidation of the same with any other road so as to defeat competition or create monopoly; and should said company purchase or lease any other railroad that may be now or hereafter incorporated by the laws of this State or of Alabama, then it shall have power and authority to mortgage and pledge such railroad, its property, franchises, privileges and exemptions so purchased or leased, jointly with the property and franchises of the Rome Western Railroad Company, and to issue mortgage bonds upon said road, property, franchise, privileges and exemptions so purchased or leased, and its own road property and franchises for the further construction and equipment of said Rome Western Railroad; and the said Rome Western Railroad Company may pay for the lease or purchase of any road, its property, franchise, privileges and exemptions, so leased or purchased, in stock or bonds of the Rome Western Railroad Company, upon such terms as may be agreed on by the Rome Western Railroad Company and the stockholders or owners of any road so purchased or leased. Joint use of tracks with other companies. Power to lease, sell, etc. Sec. XII. 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 October 7, 1885. AMENDING CHARTER OF ROME AND CARROLLTON RAILROAD COMPANY. No. 285. An Act to amend an Act to incorporate the Rome and Carrollton Railroad Company, approved August 30, 1881 so as to authorize said company to increase the number of its directors from seven to thirteen, and also to lease its road and franchise and property to any other railroad company incorporated by the laws of the States of Georgia, Alabama or Tennessee, or, in its discretion, to lease the road property and franchise of any other railroad company incorporated by the laws of either of said States. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, an Act entitled an Act to incorporate the Rome and Carrollton Railroad Company, approved August 30, 1881, be, and the same is hereby amended so as to make the number of its directors thirteen instead of seven, as provided in the fifth section of said Act, and that said six new directors may be appointed immediately after the passage of this Act by the board of directors now in office in the same manner as vacancies in said board are filled, and at the next annual meeting of the stockholders of said company, they shall elect thirteen directors instead of seven, and annually thereafter the like number of directors shall be elected instead of seven as now provided. Number of directors increased.

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Sec. II. Be it further enacted , That said company, in addition to the powers heretofore granted to it, shall have full power and authority, at any annual or legally called special meeting of its stockholders, to lease its road, franchise and property to any other railroad company incorporated by the laws of this State or of the States of Tennessee or Alabama; and said company shall further be empowered to lease the road, property and franchise of any other railroad company incorporated by the laws of this State or of the States of Tennessee or Alabama. This power of leasing or being leased shall be determined by a vote of two-thirds of the stockholders voting thereon at an annual or special meeting of the stockholders; and Provided , that such lease shall contain no provision in conflict with the provisions of the railroad laws of this State, or which shall exempt such railroad, so far as it lies within this State, from the operations of the laws of this State. May lease to other railroads. May lease other roads How power to be exercised. Sec. III. Be it further enacted , That the rights conferred by this Act shall lapse and become void unless the corporators shall, in good faith, begin to construct and operate the said railroad within five years from the date of the passage of this Act. Limitation of charter. 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 October 7, 1885. AMENDING CHARTER ROME AND CHATTANOOGA RAILROAD COMPANY. No. 290. An Act to amend an Act to incorporate the Rome and Chattanooga Railroad Company, and to grant certain powers and privileges to the same, and to authorize said road to consolidate its road with any other road incorporated by this State or the State of Tennessee, and for other purposes, approved December 7th, 1880, and the several Acts amendatory thereof, so as to authorize said company to increase the number of its directors from nine to thirteen, and also to lease its road, property and franchise to any other railroad company incorporated by the laws of this State or the States of Tennessee or Alabama, or to lease the road, property and franchise of any other railroad incorporated by the laws of either of said States, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and immediately after the passage of this Act, the board of directors of the Rome and Chattanooga Railroad Company, as provided for in the third section of said Act, as amended by an Act approved on the 18th day of December, 1884, or their successors in office, be, and they are hereby authorized to increase their number

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to thirteen by adding four more members to their body, said four new directors to be chosen by the directors in office at the time said new directors are to be chosen. Number of directors may be increased. Sec. II. Be it further enacted , That the said Rome and Chattanooga Railroad Company, in addition to the powers heretofore granted to it, be, and it is hereby authorized and empowered to lease its road, property and franchise to any other railroad company incorporated by the laws of this State or the laws of the States of Tennessee or Alabama, and that said railroad company shall have the further power and authority to lease the road, property and franchise of any other railroad company incorporated by the laws of the States of Georgia, Alabama or Tennessee, and to own stock in any other corporation, or own the bonds of any other corporation, and to loan money to any corporation or individual to aid in any manufacturing or other enterprise situated along or near to its line of road. May lease to other railroads. May lease other roads May own stock in other corporations. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and they are hereby repealed. Approved October 7, 1885. AMENDING CHARTER ROME STREET RAILROAD COMPANY. No. 291. An Act to amend an Act to incorporate the Rome Street Railroad Company, and to define its powers, the mayor and council of the city of Rome having given its consent to the authority hereinafter granted, said consent being evidenced by a certified copy of the official action of said mayor and council exhibited in both branches of the Legislature before the passage of this bill, approved December 12, 1884, so as to authorize said company to extend its lines of street railroad through all the streets of the towns of DeSoto, Forrestville, East Rome and South Rome, in Floyd county, Georgia, and also to extend its line of street railroad to a distance of not exceeding five miles from the corporate limits of the city of Rome, along and upon any public road leading into said city, and for other purposes. Whereas, The corporate authorities of the towns of East Rome, South Rome, Forrestville and DeSoto, in Floyd county, in this State, have consented thereto, as evidenced by certified copies of the official action of said towns exhibited to this General Assembly as required by law: therefore, Preamble. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, the Rome Street Railroad Company, in addition to the powers heretofore granted to it, shall be, and it is hereby authorized and empowered to extend its lines of street railroad through and along any and all of the streets, lanes

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and alleys of the towns of East Rome, South Rome, Forrestville and DeSoto, and shall also have the power and authority to extend its lines as much as five miles beyond the corporate limits of the city of Rome along any public road leading into said city of Rome. May extend lines through East Rome, South Rome, etc. And beyond limits of city of Rome. Sec. II. Be it further enacted by the authority aforesaid , That the president and directors of the Rome Street Railroad Company are hereby authorized to borrow money, issue bonds and mortgage its property and franchise to secure the payment of said bonds; Provided , that before said company shall extend its lines along any of the public roads outside of the corporate limits of said towns, they shall first obtain the consent of the board of commissioners of roads and revenue of said county of Floyd to do so. May borrow money, etc. Consent of county officials to extension. 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 7, 1885. INCORPORATING THE BALTIMORE PLACE AND PETERS PARK STREET RAILROAD COMPANY. No. 301. An Act to incorporate the Baltimore Place and Peters Park 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 Jacob S. Rosenthall, John Fox, C. W. Hunnicutt, Paul A Seeger, and Lewis Myers, 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 Baltimore Place and Peters Park Street Railroad Company. Corporators Name of corporation. Sec. II. Said corporation by said name shall have continuous succession, and shall be able to sue and be sued, to plead and be impleaded, and may have and use a common seal, and may alter and renew the same at pleasure, and may make and repeal such by laws governing its own members, officers, attorneys, agents, employees 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

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shall have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. General corporate powers. Rights as carriers 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 North avenue and Spring street and going easterly to West Peachtree street, thence in a southeasterly direction to Baker street at the junction of Old and New Peachtree streets, thence down Baker street in a westerly direction to Spring street, thence southerly down Spring street to Church street, thence easterly up Church street to Cone street, thence down Cone street to Marietta street, thence down Marietta street to the intersection of Marietta and Peachtree streets, with the privilege of changing the route so that the same may run down Spring street from North avenue to Pine street, then easterly to West Peachtree street instead of running from North avenue to West Peachtree street; 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 that specially named in this Act and to extend the one 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; Provided , that nothing herein contained shall authorize said company to lay or construct its track on any street already occupied by another street railroad, except along Marietta street to the junction, as hereinbefore set forth. Routes. Proviso. Sec. IV. Before said corporation shall begin its work upon its line in the city of Atlanta, it shall first obtain the assent of the corporate authorities of said city to the same, and before its tracks are laid beyond the limits of said city, it shall obtain the consent of the proper authorities of Fulton county thereto, and said corporation to begin operations within twelve months from granting of the charter. Consent of municipal authorities. and county authorities. Sec V. Should said corporation find it necessary in the construction of its road 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 12 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. Sec. VI. The capital stock of said company shall be twenty-five thousand dollars, with the privilege of increase to fifty thousand dollars, shares to be one hundred dollars. Said corporation may organize and begin business whenever five thousand dollars is subscribed. Capital stock. Organization. Sec. VII. The books of subscription shall be first opened under the superintendence of the persons named in the first section of this Act, or a majority, in person or by proxy, on such day as may

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be deemed expedient. Said persons shall act as a provisional board until permanent organization. Books of subscription. Provisional directors. Sec. VIII. The affairs of said corporation shall be managed by a board of directors, to consist of five persons, stockholders in their own right, to elect one of their own number president, and such board shall have full power to manage the corporation. Permanent board of officers Sec. IX. This charter shall continue fifty years, with privilege of renewal. Term of charter. Sec. X. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved October 7, 1885. INCORPORATING THE CAPITAL CITY STREET RAILROAD COMPANY. No. 303. An Act to incorporate the Capital City 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 Jacob Elsas, J. G. Oglesby, John J. Doonan, E. E. Rawson, A. Rosenfeld, John H. Ketner, Walter R. Brown and David Mayer, 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 Capital City Street Railroad Company. Corporators. Name of corporation. Sec. II. Said corporation by said name shall have continuous succession, and shall be able and capable to sue and 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, employe's 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 it 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 corporate powers. Rights as carriers.

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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 the corner of Alabama and Broad streets, thence west along Alabama street to Forsyth street, thence south along Forsyth street to Garnett street, thence east along Garnett street to Pryor street, thence south along Pryor street to Anderson street, thence east along Anderson street to Grant's Park (or, if the route be deemed more practical, along Pryor street to Ormond street, thence east along Ormond street or such other streets as may be laid out to Grant's Park), also to continue south along Pryor street to the limits of the city of Atlanta, and to such point or points in Fulton county, not exceeding two and a half miles from said city limits, as it deems best; and said corporation shall also have power and authority from time to time to survey, lay out, construct, equip, use and enjoy 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; Provided , that nothing herein contained shall authorize said company to occupy any street already occupied by any other street railroad, except along the line of route herein designated. Route. Proviso. 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 its tracks are laid upon any public road beyond the limits of said city, it shall first have and obtain the consent of the proper authorities of Fulton county thereto. Consent of municipal and county authorities. 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 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 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

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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 tracks so condemned. Rights as to other street railroads. 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. 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 increase be authorized in each instance by a direct vote of a majority of 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. Capital stock. Organization. Sec. VIII. The books of subscription to the capital stock of said corporation shall first be 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. Payment of Sec. IX. The affairs of said corporation shall be managed by a board of directors to consist of seven 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, another vice president and another secretary and treasurer, and they shall have 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.

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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 evinced by a certified copy of the said mayor and general council exhibited in both branches of the Legislature before the passage of this Act. Term of charter. 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 October 7, 1885. INCORPORATING THE SAVANNAH AND WESTERN RAILROAD COMPANY. No. 325. An Act to incorporate the Savannah and Western Railroad Company; to define its rights, powers and privileges, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That Walter T. McArthur, John McRae, P. W. Meldrim, J. J. McDonough, Tom Eason, Hermon Myers and C. C. Smith, their associates, successors and assigns, be, and they are hereby created a body politic and corporate under the corporate name and style of the Savannah and Western Railroad Company for the purpose of surveying, constructing, equipping, operating and maintaining a railroad from Eastman, in Dodge county, or from Lumber City, in Telfair county, or from some point on the East Tennessee, Virginia and Georgia Railroad, between Eastman and Lumber City, to the city of Savannah, running through the counties of Bullock, Bryan, Chatham, Dodge, Laurens, Liberty, Montgomery, Tattnall and Telfair, or any one or all of said counties as the board of directors may deem most expedient, and by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court whatever; may make contracts in their corporate name; may acquire, hold and convey property, both real and personal; may have and use a common seal; make all necessary by-laws, rules and regulations; may appoint all necessary officers, and to do all other proper acts necessary and incident to the building, equipment, management, control, operation and maintenance of said road. Corporators. Name of corporation. Route. General corporate powers. Sec. II. Be it further enacted , That the persons in the first section, or any five of them, may meet at any time after the passage and approval of this Act and provide for opening books of subscription and receiving subscriptions to the stock of said company,

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and to that end may provide a temporary organization to continue until organization shall be perfected by the stockholders of said company; the books for subscription shall be opened in the city of Savannah, and at such other points as may be deemed advisable, and kept open so long as may be necessary. Books of subscription. Sec. III. The capital stock shall be two millions of dollars, divided into shares of one hundred dollars ($100) each; the capital of said company may be increased by the stockholders, as may be deemed necessary from time to time, not to exceed five millions of dollars. Capital stock. Sec. IV. That whenever one hundred thousand dollars ($100,000) of the stock of said company shall have been subscribed for bona fide , the stockholders shall meet and effect an organization of said company, and shall be authorized in their discretion to proceed with the work of construction of said road. Organization. Sec. V. That said company shall have power to accept, purchase, hold and convey any property whatever, real or personal, for the purpose of organizing, constructing, equipping and operating said railroad, or that may be necessary, useful or beneficial to said railroad or the business thereof, and also to acquire all rights-of way on lands and all necessary privileges on water courses that may be on, near or across the route of said road, and that in all cases in which any controversy or difficulty may arise between individuals or corporations and said company as to the right-of-way or damages to the land on which the same may be located, or as to the necessary privileges of water courses, it shall and may be lawful for either party to summon two (2) freeholders each, and the four (4) to summon the fifth (5th), all of whom shall be sworn to take such matter into consideration and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county where the land lies within ten days from the delivery of the award, and upon the payment of the damages so awarded, a fee simple title to such land and privileges shall vest in said company. Special powers. Disputed right of way Sec. VI. That said company shall have power and authority to run parallel with any railroad running out of the city of Savannah, not to exceed the distance of twenty (20) miles, and also authority to cross any railroad or roads; Provided , that at the termination of said 20 miles, said railroad shall proceed in such a general direction that as soon as practicable its location shall be at least ten miles from any railroad already constructed, and so continue until within ten miles of its western terminus. Right to run parallel with other railroads. Proviso. Sec. VII. That the principal office of said company shall be located in Chatham county, Georgia. Principal office. Sec. VIII. And be it further enacted , That the affairs of said corporation shall be managed by a board of directors to consist, unless enlarged as herein provided, of five persons; a majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time and on such public notice as may be fixed by the by-laws;

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Provided , that at least thirty days' notice of all meetings of the stockholders of said corporation shall be given in some paper published in the city of Savannah. At all elections and meetings of the stockholders, each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either in person or as guardian, executor, administrator or trustee; said board of directors shall elect one of their number president, a majority of votes being necessary to a choice, and such president shall have such power and authority and shall perform such duties as may be provided by the by-laws; said directors shall continue in office until their successors are elected and installed in office. The board of directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations, not in conflict with the constitution and laws of this State or of the United States, as they may deem necessary or advantageous for the government of said corporation, or of the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said corporation necessary or proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the board of directors, or in the offices of said company, by death, resignation or otherwise. The board of directors shall have authority to enlarge the number of its members from time to time so that the same may consist of not exceeding thirteen members. They shall have power to call in from time to time, as they may deem proper, such installments of the original or the increased capital stock of said corporation as may remain unpaid from time to time, and at any time, and to receive cash, or what they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind, to make contracts, to borrow money, to make notes or other evidences of debt, to issue bonds at any time and from time to time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage or any deed or deeds of trust or security, for the fulfillment by said corporation of its contracts, obligations or liabilities of any and every kind. They shall have authority to lease, purchase, build or contract for, and to own, use, hold or enjoy any such steamships, steam vessels, sloops, schooners or sailing vessels of any and every kind, and barges or vehicles for water transportation of any kind they may deem necessary or beneficial for said corporation or its business, or to enable it to successfully compete with any other company, and they may lease, purchase, build or contract for the use of any such wharves, dock, dock yards, yards or compresses as they may deem necessary therefor, and shall have full power and authority, with the consent of the corporate authorities of the city as Savannah, to carry such railroad through any street of the city of Savannah, using upon such streets steam, animal or other motive power, upon the said railroad complying with such reasonable

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terms, rules and regulations, and contracting such obligations touching their passage through the streets of Savannah, as may be prescribed by the mayor and aldermen of said city; Provided , that no street of said city shall be so used which is between East Broad street and West Broad street; and provided further , that nothing herein contained shall give the right to the said Savannah and Western Railroad to interfere with or impair the right of any other railroad company heretofore authorized by said mayor and aldermen to lay rails or tracks in any of the streets of the said city, or with any right hereafter granted for this purpose, which shall have been exercised in good faith by any other railroad company before the said Savannah and Western Railroad shall be prepared and attempt to exercise said right, privilege or permission. Board of directors. Quorum. Election. Notice. Vote of stockholders. President. Power of directors. May use steam and other vessels. Wharves, docks, etc. May run through streets of Savannah. Proviso. Sec. IX. That the said company shall have the power to purchase, build, equip, lease, operate and maintain such railroads and branches (of railroads) as may be deemed advisable by the company. General power to build railroads, etc. Sec. X. That said Savannah and Western Railroad Company, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred or assigned upon such terms as may be agreed on, and that said company may be consolidated, combined with or united with any railroad company or companies, directly or indirectly connecting therewith, and may unite the management of said companies upon such terms, conditions and provisions as may be agreed on between such companies so consolidating or uniting, and such companies may adopt such corporate name as they may deem best; Provided , that there shall be no sale, lease, transfer, assignment, consolidation or combination, directly or indirectly, of said road with any other competing company so as to defeat competition or create monopoly. May sell, lease, etc., to others. Or be consolidated. Proviso. Sec. XI. That all laws and parts of laws in conflict with the above Act, or any rights therein granted, be, and the same are hereby repealed. Approved October 9, 1885.

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INCORPORATING THE NEWNAN AND GREENVILLE RAILROAD COMPANY. No. 329. An Act to incorporate the Newnan and Greenville Railroad Company, and to authorize said company to build and operate its road from the city of Newnan, or some point on the Atlanta and West Point Railroad within the county of Coweta, to the town of Greenville, in the county of Meriwether, or some other point within the limits of said last-named county, and to grant certain powers and privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That for the purpose of constructing a railroad as set forth in this Act, W. B. Berry, John S. Bigby, W. A. Turner, Robert H. Hardaway, H. W. Camp and John D. Berry, of the county of Coweta; W. H. Albright, James W. Taylor and J. M. Terrell and W. T. Revil, of Meriwether county, their associates and assigns, be, and they are hereby declared to be a body corporate and politic by the name of the Newnan and Greenville 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. Corporators. Name of corporation. General corporate 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 five hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That whenever the sum of fifteen thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by notice in a public gazette, published in the city of Newnan, for ten days, call a meeting of the stockholders or subscribers to the capital stock of said company, to be held in the city of Newnan, for the purpose of electing from their own number a board of directors, of not less than five nor more than seven, to manage and control the business of said company for one year and until their successors are elected and installed, and said board of directors, as well as all subsequent boards of directors, shall select from its own number a president, and shall have power to make and adopt by-laws for the board and said company, and to appoint and employ such officers, agents and servants as may be deemed necessary and proper by said board of directors. Organization. Directors. Officers. Sec. IV. Be it further enacted , That in the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy or by power of attorney, upon which ten per cent. has been paid. Vote of stockholders.

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Sec. V. Be it further enacted , That when said corporators have complied with the requirements set forth, and directors have been elected, the entire business and management of the affairs of said company, books of subscription, etc., shall be turned over to said board. Management of company. Sec. VI. Be it further enacted , That when the board of directors shall have been elected, they and their associates and successors shall be deemed and held a body corporate and politic under the name and style of the Newnan and Greenville Railroad Company, with continuous succession, and the rights, powers and privileges usual and necessary to such a corporation, for fifty years. Term of charter. Sec. VII. Be it further enacted , That company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad from Newnan, Georgia, or some point on the Atlanta and West Point Railroad, in the county of Coweta, through the counties of Coweta and Meriwether to Greenville, Georgia, or some other point in the county of Meriwether, to connect with any railroad already built, to be built in said county of Meriwether, and shall have power to accept, purchase, lease, have and hold and convey all 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 necessary and proper for its advantage and benefit. Route. Special powers. Sec. VIII. Be it further enacted , That where a question of rights-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the Sheriff of the county in which the land lies, at the request of either party, shall summons five disinterested freeholders of said county, who shall assess the damages to be paid by said company, and who shall be sworn to do justice impartially between the parties, which assessment shall be final, unless an appeal be entered to the Superior Court of said county within four days, which may be done by complying with the law of appeals to the Superior Court. Each party shall be entitled to ten days' notice of time and place of hearing by the Sheriff, unless the same be waived. Disputed rights of way. Sec. IX. Be it further enacted , That until the board of directors be chosen, a majority of the corporators may do any and all things needful to the carrying on the affairs of the company. Provisional control. Sec. X. Be it further enacted , That said company may contract loans, borrow money, mortgage its property, real and personal, and the franchise, and do any and every act necessary to its interest and advantage not inconsistent with the laws of Georgia. Power to borrow money, mortgage, etc. Sec. XI. Be it further enacted , That in case of the failure of said company, the stockholders shall be bound in their private capacity to the creditors of said corporation only to the amount of their unpaid subscription, if any be unpaid, or if said stockholders have paid debts of the company to the amount of his subscription unpaid, then he shall not be liable. Liability of stockholders. Sec. XII. Be it further enacted , That all laws in conflict with this Act be, and are hereby repealed. Approved October 9, 1885.

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INCORPORATING THE NEWNAN AND WESTERN RAILROAD COMPANY. No. 349. An Act to incorporate the Newnan and Western Railroad Company, and to authorize said company to build and operate its road from the city of Newnan, in the county of Coweta, Georgia, westward to some point on the line between the States of Alabama and Georgia, either in the county of Heard or county of Carroll, and to grant certain powers and privileges to the same and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , That for the purpose of constructing a railroad as set forth in this Act, W. B. Berry, A. J. Berry, John S. Bigby, William T. Stallings, P. F. Cuttins, William A. Turner, John D Berry, J. A. Hunter and John D. Simms, of the county of Coweta, and Jephtha H. Daniel, Rufus N. Askew, M. T Alman and Thomas C. Lane, of the county of Heard, their associates and assigns, be, and they are hereby declared to be a body corporate and politic by the name of the Newnan and Western 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. Corporators. Name. General corporate 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 five hundred thousand dollars. Capital stock. Sec. III. Be it further enacted , That whenever the sum of twenty thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by notice in a public gazette for ten days, published in the city of Newnan, call a meeting of the stockholders or subscribers to the capital stock of said company, to be held in the city of Newnan, for the purpose of electing from their own number a board of directors, of not less than five nor more than nine, to manage and control the business of said company for one year, and until their successors are elected and installed, and said board of directors, as well as all other boards of directors that may be thereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the board and company, and to appoint and employ such officers, agents and servants as may be deemed proper by said Board of directors. Organization. Directors. Officers. Sec. IV. Be it further enacted , That in the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy, or by power of attorney, upon which ten per cent. has been paid. Vote of stockholders.

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Sec. V. Be it further enacted , That when said corporators have complied with the requirements set forth, and directors have been elected, the entire business and management of the affairs of said company, books of subscription, shall be turned over to said board. Management of company. Sec. VI. Be it further enacted , That when the board of directors shall have been elected, they and their associates and successors shall be deemed and held a body corporate and politic under the name and style of the Newnan and Western Railroad Company, with continuous succession, and the rights, powers, privileges usual and necessary to such a corporation, for fifty years. Term of charter. Sec. VII. Be it further enacted , That said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad from Newnan, Georgia, westward through the county of Heard or Carroll, or both, to some point on the line between the States of Alabama and Georgia, and shall have power to accept, purchase, lease, have and hold and convey any property, real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery and do such other things as it may deem necessary and proper for its advantage and benefit. Route. Special corporate powers. Sec. VIII. Be it further enacted , That when a question of right-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the Sheriff of the county in which the land is located, at the request of either party, shall summon five disinterested freeholders of said county, who shall assess the damage to be paid by said company, who shall be sworn to do justice impartially between the parties, which assessment shall be final, unless an appeal be entered to the Superior Court of said county within four days, which may be done by complying with the law of appeals to the Superior Court. Each party shall be entitled to ten days' notice of time and place of hearing by Sheriff, unless the same be waived. Disputed right of way. Sec. IX. Be it further enacted , That until the board of directors be chosen, a majority of the corporators may do any and all things needful to carrying on the affairs of the company. Provisional control. Sec. X. Be it further enacted , That said company may contract loans, borrow money, mortgage its property, real or personal, and the franchise, and do any and every act necessary to its interest and advantage not inconsistent with the laws of Georgia. Right to borrow money, mortgage, etc. Sec. XI. Be it further enacted , That in case of the failure of said company, the stockholders shall be bound in their private capacity to the creditors of said corporation only to the amount of their unpaid subscription, if any be unpaid, or if said stockholder has paid debts of the company to the amount of his subscription, then he shall not be liable. Liability of stockholders. Sec. XII. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved October 12, 1885.

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INCORPORATING THE GAINESVILLE AND WESTERN RAILROAD COMPANY. No. 362. An Act to incorporate the Gainesville and Western Railroad Company; to confer certain powers and privileges on said company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That Royal M. Pulsifer, Willi m B. Tate, George R. Eager, Hiram P. Bell, H. C. Derby, Farish C. Tate, and such other parties as may be associated with them, and who shall be stockholders, and their successors and assigns, be, and they are hereby created a body politic and corporate under the name of the Gainesville and Western Railroad Company, with power under said name to sue and be sued; plead and be impleaded in the courts of law and equity in this State; to have and use a corporate seal; to have, use and enjoy all such real and personal property as may be necessary to and will advance the interests of said company, together with such other powers as are herein conferred, as well as those which, by the law of this State, are conferred generally on corporations. Corporators. Name of corporation. General powers. Sec. II. Be it further enacted by the authority aforesaid , That said company be, and they are hereby authorized and empowered to survey, lay out and equip, as well as maintain and operate, a railroad from the city of Gainesville, in Hall county, in a westerly direction through the counties of Hall, Lumpkin, Dawson, Forsyth, Gilmer, Pickens, Cherokee, Cobb, Paulding, Bartow, Whitfield or Gordon, crossing the Western and Atlantic Railroad and extending to some point on the East Tennessee, Virginia and Georgia Railroad in either the counties of Paulding or Cobb, with power and authority also to survey, lay out, construct, equip, maintain and operate, as a part of said line, a railroad from some accessible point along the line of the survey to the town of Dahlonega, in Lumpkin county, or to any point in any of the said counties hereinabove mentioned, by such a route as will, in their judgment, best subserve the purposes of carrying freight and passengers. Route. Sec. III. Be it further enacted by the authority aforesaid , That for the purpose of constructing, maintaining and operating said line of railroad, the said company is empowered to cause such examination and surveys to be made of the proposed line between the city of Gainesville and some point on the Western and Atlantic Railroad, or East Tennessee, Virginia and Georgia Railroad, as shall be necessary to the selection of the most advantageous route, and for that purpose are empowered to enter the land of any person, to acquire by gift or purchase real estate and other property for the construction, maintenance and accommodation of said railroad, and to hold

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and use such real estate and other property for the construction useful for the same, and for stations, connections with other railroads, terminal facilities, and all other accommodations necessary to accomplish the objects of this corporation, and to lease, buy and mortgage all lands necessary for its use, or they may sell the same; to lay out its line of railroad on a right-of-way not more than two hundred feet in width, and for the purpose of cutting and filling, for obtaining gravel and material, to take as much land as may be necessary for proper construction and security of said railroad, and to remove trees and other obstructions on the right-of-way and road, making compensation therefor in the manner prescribed in this Act; to construct this railroad across and along and upon any watercourse, street highway or canal, or across any other railroad which the right of its railroad shall intersect or touch; to cross or intersect any other railroad heretofore or hereafter constructed, at any point in its route, with the necessary turnouts, sidings and switches and other conveniences necessary in the construction of the railroad, and may run over the right-of-way of any other railroad, to its freight or passenger depots, shops, etc., in any city, town or village through which said railroad may run; Provided , the consent of such railroad company is first obtained; to take and convey persons and all manner of property over their railroad by the use of steam or animals or any mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and maintain convenient buildings, stations, fixtures and machinery, whether within or without a city, town or village, for the accommodation and use of passengers and freight business; to borrow such sum or sums of money at such rates of interest, not contrary to law, and upon such terms as such company or its board of directors may agree upon and may deem necessary and expedient and may execute one or more trust deeds or mortgages, one or both, as occasion may require, on its railroad or other property to secure the same. Examination and surveys. Right of way. Use of right of way of other roads. Carriers. Other powers. Sec. IV. Be it further enacted by the authority aforesaid . That the capital stock of said company shall be two million dollars, with a power, by a two-thirds vote of the stockholders, to increase the same to an amount not exceeding four million dollars, and which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence work whenever ten per cent. of the subscribed capital stock shall have been paid in. Capital stock. Sec. V. Be it further enacted by the authority aforesaid , That books of subscription may be opened by the board of directors at either terminus and in any county in which it is proposed said railroad may be located and constructed, and subscriptions to the capital stock of said company may be made in the form of a general contract, or promissory notes, or other forms which may be selected, or paid in cash under the direction of the board of directors, and certificates of stock shall be issued to the persons paying, on the basis of one share for every hundred dollars so paid, but no certificate shall be issued for less than one share. Books of subscription. Payment for stock.

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Sec. VI. Be it further enacted by the authority aforesaid , That all subscriptions made to the capital stock shall be payable in such installments as may be agreed on, and if any stockholder shall neglect or refuse to pay any installment which may be called in for sixty days after same may have become due and notice given as hereinafter provided, at the election of the board of directors such stock, with all payments previously made thereon, shall be forfeited to the company: Provided , such forfeiture is clearly authorized by the bylaws of said company; or they may have a right of action to recover thereon all such installments as may be called in said subscription of stock. Default in payment for stock. Sec. VII. Be it further enacted by the authority aforesaid , That when said company and any person or corporation, through or on whose lands it is desired said railroad shall be located and constructed, and depot buildings, shops, stations and other appurtenances are desired to be erected, cannot agree on the amount to be paid by the company for the right-of-way or title to the land desired, then the right-of-way or title to the land as aforesaid may be acquired for the purposes aforesaid as now provided for by law; and Provided , that said road shall not be constructed through any incorporated town or city without consent of the municipal authorities; and Provided further , that the condemnation of the right-of-way of any other railroad company shall not exceed three miles. Disputed right of way. Sec. VIII. Be it further enacted by the authority aforesaid , That the principal office of said company shall be in the city of Gaines ville, in said State, but the board of directors may cause the same to be changed to any other county where any portion of such railroad is located by giving sixty days' notice of such change in a newspaper published in the city of Gainesville, after such change has been approved by a majority of the stockholders. Principal office. Change of. Sec. IX. Be it further enacted by the authority aforesaid , That said railroad company shall have power to make and issue bonds to such an amount, in such denominations and for such a rate of interest, not exceeding seven per cent. per annum, payable at such times and places as they may determine, and to secure the payment of the principal and interest on said bonds by mortgages or deeds of trust of its railroad and its personal property, franchises and all other rights of property; also to make and issue preferred stock and give preferences in the payment of the dividends as may best subserve the purposes and interests of said company. Bonds, etc. Sec. X. Be it further enacted by the authority aforesaid , That the business and affairs of said railroad company shall be managed by a board of nine directors, who shall be elected annually by the stockholders. The first election shall be held by the stockholders at their regular meeting in the year 1886, at such time and place as may be prescribed by the by-laws of the company. In all meetings of the stockholders each stockholder shall be entitled to as many votes as the shares owned by him or her. All elections shall be held by ballot and the votes cast by proxy or in person, duly given in writing.

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The board of directors of said company shall have power to fill all vacancies which may occur in said board between the annual elections by stockholders, but the board shall have the authority, in their discretion, if they deem best, after the passage of this Act, to call a meeting of said stockholders at any time before the annual meeting in 1886 for the election of a new board of directors to serve until such annual meeting. Directors. Election of. Vote of stockholders. Vacancies Called meeting. Sec. XI. Be it further enacted by the authority aforesaid , That the present and all future boards of directors shall elect from their number a president of said railroad company, and to elect or appoint such other officers and agents and employees as they may deem necessary to carry on the business of said company. The president and board of directors shall have power to conduct and control all the business affairs of the company, except as to matters expressly ordered otherwise by the stockholders, to make all contracts, fix salaries, call in and demand payments of subscriptions in installment, or as they may deem proper, under penalty of forfeiting shares of stock subscribed for and all previous payments made thereon, if payment shall not have been made within sixty days after demand, or notice shall have been published once a week for four weeks in newspapers containing the Sheriff's advertisements published in the county of the principal office of the company. But the recovery, by action, of any installment shall preclude the company from forfeiting that stock by reason of non-payment of installments. The directors shall have power to adopt a corporate seal, make by-laws and regulations and declare dividends, but the stockholders shall have power to regulate and limit the powers of the board and modify and change the by-laws. Officers. Power of. Sec. XII. Be it further enacted by the authority aforesaid , That the stock of said company shall only be transferable on the books of the company under regulations to be prescribed in the by-laws, but no share shall be transferred until the sum of one hundred dollars shall have been paid thereon to the company. Transfers of stock. Sec. XIII. Be it further enacted by the authority aforesaid , That the stockholders in said railroad company shall in their private capacity be bound to any creditors of the company for the amount of stock subscribed for by him or her until such subscription is fully paid up, or until such stockholder shall have paid out of his private property debts of said railroad company to an amount equal to his unpaid subscription and not otherwise. Liability of stockholders. Sec. XIV. Be it further enacted by the authority aforesaid That this act of corporation shall continue and be of force for the term of fifty years. Term of charter. 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 October 13, 1885.

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INCORPORATING THE ALBANY AND DAWSON RAILROAD COMPANY. No. 363. An Act to incorporate the Albany and Dawson Railroad Company, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That Nelson Tift, S. R. Weston, Ed. Wright, Jacob Lorch, Lewis Arnheim, G. J. Wright, N. W. Dozier, B. H. Hood, R. L. Melton, Wm. Kaigler, W. N. Thornton and S. R. Christie, of the State of Georgia, or a majority of them, and such others as shall associate under said name, shall be, and they are hereby incorporated and made a body politic with all the rights and privileges common and necessary to such a corporation under the name of the Albany and Dawson Railroad Company. Corporators. Name of corporation. Sec. II. Be it further enacted by the authority of the same , That said company be authorized to survey, locate, build, and equip a railroad from Albany, in the county of Dougherty, to Dawson, in the county of Terrell, and the right-of-way is hereby conferred upon it, and in all cases where a question as to right-of-way may arise, and the parties are unable to agree on the matter in controversy, the same may be submitted to arbitrators under the laws regulating arbitration in the Code of 1882, but if either party shall fail or neglect to choose an arbitrator, the Ordinary of the county where the land lies shall make choice for such party. The award of such arbitrators shall be final, unless attacked in the manner and on the grounds prescribed in the Code; if the award be set aside, the case shall remain in court, and an issue shall be formed and tried as though the case had been originally brought in said court. The arbitrators, as well as the jury, shall, in addition to the usual oath, be sworn, in assessing damages, to take into consideration the enhanced value of the land caused by the location and building said road on the premises; Provided , that the right-of-way in no case shall embrace more than one hundred feet in width on each side of the track of said road, except by contract; Provided , that in no case shall the damages assessed be less than the actual value of the land taken. Surveys, etc. Route. Disputed right of way. Width of way. Sec. III. Be it further enacted by the authority of the same , That said directors are hereby authorized to open books and procure subscriptions of stock in said railroad company at the rate of one hundred dollars per share, at such time and place as may be thought proper, and for such an amount as may be deemed necessary to survey, locate, build and equip said road, to elect a president and directors, to appoint superintendents, engineers, agents and servants, to make contracts, to borrow money, to hold real and personal property by purchase or otherwise, to sue and be sued, plead and be impleaded, to have and use a common seal and change the same at pleasure,

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and to make all by-laws and regulations necessary to carry out the purposes of said corporation not inconsistent with the laws of this State and the United States. Books of subscription. Stock. Power of provisional directors. General powers of corporation. Sec. IV. Be it further enacted by the authority of the same , That said incorporators shall be ex officio directors of said railroad company until the first meeting of the stockholders in said company is called for the purpose of electing their successors, and their successors, so elected by the stockholders in said company, shall have the same powers, rights, privileges as are conferred by this charter on the original incorporators. First meeting of stockholders. Sec. V. Be it further enacted by the authority of the same , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Permanent directors. Approved October 13, 1885. INCORPORATING THE MARIETTA AND AUSTELL RAILROAD COMPANY. No. 365. An Act to incorporate the Marietta and Austell Railroad Compa n Section I. Be it enacted by the General Assembly of the State of Georgia , That J. S. Lester, James Finley, Will J. Wain, A. H. Cox, A. G. Rhodes, their associates, successors and assign. be, and are hereby incorporated and made a body politic and corporate under the name and style of the Marietta and Austell Railroad Company, and as such may sue and be sued, plead and be impleaded in any court in this State; may have and use a common seal, and may purchase, accept, hold and convey any property, real, personal or mixed; may make contracts, issue bonds, make by-laws, appoint or elect all necessary officers, prescribe their duties and do all other lawful acts and have all other lawful powers incident to and connected with the objects of said company, and as are necessary for the regulation and transaction of its business. Corporators. Name of corporation. General powers. Sec. II. That the capital stock of said company shall or may be one hundred thousand dollars, but may be increased or diminished as said company may determine. Capital stock. Sec. III. That said incorporators named may open books and procure subscriptions to the capital stock of said company, and that the organization and election of officers of said company may be perfected and had as soon as five thousand dollars of said stock is subscribed. Books of subscription. Organization. Sec. IV. That said company be authorized to construct and operate a railroad from a point in or near the city of Marietta to a point in or near Austell, in Cobb county, in this State. Route.

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Sec. V. That in all cases wherein a question for damages for right-of-way may arise and the parties shall disagree, the owner of said land shall select one arbitrator and the company another, they to select a third all of whom shall be disinterested parties, who shall assess the damages to be paid by the railroad company for running said road through said land, reserving the right to either party to appeal to the Superior Court under the laws in force regulating appeals to that court; Provided , that in no case shall the right-of-way embrace more than fifty feet in width on each side of the track of said railroad. Disputed right of way. Sec. VI. That said company be authorized to appropriate all lands and material necessary for the construction of said railroad, and make all contracts necessary therefor, making just and proper compensation for the same according to the plan above set forth, and be further authorized to receive donations of right of-way or other valuable lands or material needed in the building of said road or necessary for carrying out the objects of the same. Special powers. Sec. VII That said company be authorized to extend said line to any other point within said State by construction or purchase. Extension of line. Sec. VIII. That the corporators named in this Act shall be ex-officio directors of said road until others shall be elected. Provisional directors. Sec. IX. That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved October 14, 1885. INCORPORATING THE ATHENS AND COLUMBUS RAILROAD COMPANY. No. 374. An Act to incorporate the Athens and Columbus Railroad Company, with power to build branch roads; to define its powers, rights and privileges, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That Wm. P. Clyde, George S. Scott, George F. Baker, F. W. Hindekoper, A. S. Buford, G. Gunby Jordan, Wm. A. Little, C. G. Talmadge, H. H. Carlton, E R. Hodgson, R. K. Reaves, George Dudley Thomas and Pope Barrow, 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 Athens and Co lumbus Railroad Company, and by that name they shall have continuous succession, and shall be able and capable to contract and be contracted with; to sue and to be sued; to plead and be impleaded; and may have and use a common seal and the same at will may alter; may make, change and repeal by laws; and shall have all

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the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its incorporation; it may purchase, condemn and acquire such rights-of-way as may be necessary or proper, as hereinafter provided, and may acquire by purchase such real estate as it may deem proper, and shall have power to issue scrip for stock, borrow money, issue bonds, and secure the same by mortgage or deeds of trust. Corporators. Name of corporation. General powers. Right of way, etc. Sec. II. Be it further enacted by the authority aforesaid , That said corporation shall have power and authority to construct, build, own, equip, operate and maintain a railroad from Athens, in the county of Clarke, to Columbus, in the county of Muscogee, by such route as to said corporation may seem most desirable and practicable, through the counties of Clarke, Oconee, Walton, Newton, Morgan, Jasper, Henry, Butts, Spalding, Pike, Talbot, Harris, Meriwether, Upson and Muscogee, or such of them as the route selected may traverse. Route. Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed two millions of dollars, which shall be divided into shares of one hundred dollars each. Capital stock. Sec. IV. Be it further enacted by the authority aforesaid , That in all meetings of the stockholders of said company, each share of stock shall entitle the holder to one vote, to be given in person or by proxy, and said shares shall be considered as personal property and be transferable only on the books of said company in such manner as shall be provided in the by laws. Vote of stockholders. Transfers of stock. Sec. V. Be it further enacted by the authority aforesaid , That the books of subscription to the capital stock of said corporation shall be first opened by the persons named in the first section of this Act, or a majority of them, acting in person or by proxy, in such place or places and on such day or days as said persons, or a majority of them, may deem expedient, and all subscriptions to such capital stock shall be paid in cash, or that which such persons may agree to accept as its equivalent, in such installments as shall be called for by the board of directors. Books of subscription. Payment for stock. Sec. VI. Be it further enacted by the authority aforesaid , That in the event of any of the subscribers at any time to the capital stock of said corporation shall fail to pay any installment or installments which may be required by the board of directors on the capital stock subscribed for or held in his, her, its or their name, then the said board of directors shall have power to declare said capital stock and all previous installments paid on it forfeited to said corporation, and said defaulting subscriber or subscribers shall be thenceforth debarred against all rights of recovery from said corporation for the stock so forfeited; Provided , that said board of directors shall, before the said forfeiture, give to said delinquent subscriber or subscribers at least (90) ninety days' published or written notice. Defaulting stockholders. Sec. VII. Be it further enacted by the authority aforesaid , That the affairs of said corporation shall be managed by the persons named in the first section of this Act until permanent directors are elected

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as hereinafter provided, and in case of the death or refusal to act of one or more of said persons as director or directors, the remaining persons shall have power to elect other persons as directors for the time being to act in his or their stead. Provisional directors. Sec. VIII. Be it further enacted by the authority aforesaid , That the provisional board of directors authorized to act by the preceding section of this Act shall, so soon after the passage of this Act as shall seem expedient to them, call a meeting of the subscribers or stockholders of said corporation to be held in Athens, which meeting, when held and assembled, shall proceed to elect a permanent board of directors, a majority of the stock voting being necessary to a choice. First meeting of subscribers. Sec. IX. Be it further enacted by the authority aforesaid , That the principal office and residence of said company shall be in the city of Athens, in the county of Clarke. Principal office. Sec. X. Be it further enacted by the authority aforesaid , That the affairs of said corporation shall be managed by a board of directors to consist, unless enlarged as herein provided, of seven persons. A majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time and on such published notice as may be fixed by the by-laws; Provided , that at least thirty days' notice of all meetings of the stockholders of said corporation shall be given by one or more publications in some paper published in the city of Athens. At all elections and meetings of the stockholders, each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, her, it or them, either in person or as guardian, executor, administrator or trustee. Said board of directors shall elect one of their number president, a majority of votes being necessary to a choice, and such president shall have such power and authority and shall perform such duties as may be provided by the by-laws. Said directors shall continue in office until their successors are elected and installed in office. The board of directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations, not in conflict with the constitution and laws of this State or of the United States, as they may deem necessary or advantageous for the government of said corporation or the management of its business, and to appoint all subordinate officers, agents, attorneys and servants of said corporation necessary and proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies in the board of directors or in the offices of said company by death, resignation or otherwise. The board of directors shall have authority to enlarge the number of its members from time to time so that the same may consist of not exceeding thirteen members, They shall have power to call in from time to time, as they may deem proper, such installments of the capital stock of said corporation as may remain unpaid

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from time to time, and at any time, and to receive cash, or what they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind; to make contracts; to borrow money; to make notes or other evidences of debt; to issue bonds at any time, and from time to time, as, in their judgment, the exigencies of the company may require, and to execute any deed or deeds of mortgage or any deed or deeds of trust or security for the fulfillment by said corporation of its contracts, obligations or liabilities of any and every kind. They shall have authority to lease, purchase, build or contract for, and to own, use, hold or enjoy any such steamships, steam vessels, sloops, schooners or sailing vessels of any and every kind, and barges or vehicles for water transportation of any kind they may deem necessary or beneficial for said corporation or its business, or to enable it successfully to compete with any other company or persons, and they may lease, purchase or build or construct, for the use of any such, wharves, dock, dock-yards, yards, compresses, warehouses or elevators as they may deem necessary and proper. Permanent directors. Election. Notice. Vote of stockholders. Officers. Term and power of directors. Borrow money. Mortgage, etc. Steamships, etc. Wharves, etc. Sec. XI. Be it further enacted by the authority aforesaid , That said corporation may, through its board of directors, purchase or acquire and own stock in any other corporation, may unite or consolidate with any other company or corporation, may lease or buy any other railroad, or lease or sell its own road, and shall have power to make any and all contracts necessary and proper to carry out the provisions of this contract; Provided , that such contracts, purchases, leases or sales do not have or be not intended to have the effect of diminishing competition, or does not conflict with the constitution and laws of this State or of the United States. Purchase or consolidation with other companies. Proviso. Sec. XII. Be it further enacted by the authority aforesaid , That said corporation is hereby invested with all and singular the rights, powers and authority which are necessary or proper to enable it to locate, construct, use, enjoy, equip and maintain its said railroad from Athens to Columbus, as aforesaid, and such other extensions or franchises or both as hereinbefore authorized, and said corporation may also cross any other railroad or railroads in this State, and may run across any part of any other railroad or railroads, or over its or their right-of-way necessary or proper to reach its freight depot, or the general or union or common passenger depot in any city through or near which its said railroad may run; Provided , said corporation acquires the right to run over the right-of-way of such part of any such railroad as may be necessary or proper as aforesaid by contract, lease, purchase, condemnation or otherwise, and in the event said corporation does not acquire such rights to run over the right-of-way of any other railroad or railroads by contract, lease, purchase or other arrangements, then and in that case said corporation may acquire such right by condemnation as provided in this charter; Provided , it shall not have any power to condemn more than three miles of the right-of-way of any one railroad company,

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and it shall not have authority to condemn it for any other purpose than to reach the general or union or common passenger depot, or to reach a point where its own freight or passenger depot would be as eligible and accessible to the public as that of the other railroads coming to said city or cities, so that the public may have the full benefit of all competition between said railroads, and said corporation shall have authority to connect its tracks with the tracks of the other railroads in such cities, and to lay out such side tracks, switches and other means as are necessary to connect with such roads, or to all the depots aforesaid. Right of way. Over other roads, etc. Proviso. Proviso. Sec. XIII. Be it further enacted by the authority aforesaid , That said company shall have power to purchase and hold in fee simple, to them and their successors, or to receive as donations any lands, tenements or hereditaments that it may find necessary, and also to purchase and hold any lands contiguous to said railroad that may be necessary in procuring materials for constructing and opening said road, and for the erection of toll-houses, store-houses and all other buildings or accommodations that may be necessary and useful to said railroad and the business thereof; said company shall have power to build its railroad through the cities and towns at its terminus and along its route and to cross the public highways; Provided , that the use of the streets and highways by the public in a reasonable and proper manner is not interfered with by such location of said railroad, and in all cases in which any controversy or difficulty may arise between individuals or corporations and said company, as to the right-of way on land, and all necessary privileges on water courses that may lie on or across the route of said road, it shall and may be lawful for either to apply to the Sheriff of the county in which such land or water privileges may be located, who shall summon a jury of five freeholders to enter upon the land or water privileges sought to be appropriated to the said company and to take said controversy into consideration, and award in writing the amount of damages, if any, to be paid by said company; written notice of the time of meeting of said freeholders shall be served on the other party at least ten days before such meeting; said jury shall be sworn, in addition to the usual oath, to take into account the prospective value of the land through which said road may run and to have evidence touching the same, but in no case shall the damages awarded be less than the actual value of the land or water privileges taken by said railroad company; the oath may be administered by said Sheriff, and he shall attend said jury in their investigations; either party to the controversy, if dissatisfied with the award, may appeal to the Superior Court of said county under the same rules and regulations that apply to appeals in said court in force at the time, and in cases where an appeal may be entered by said company, if said company files with the Clerk a good and sufficient bond for the payment of the eventual condemnation money, then it shall have the right to proceed with the construction of its railroad without let or hinderance; in cases where any party

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in interest is a minor or lunatic or idiot, and has no guardian, then notice may be served upon the Ordinary of said county, who shall represent such minor, idiot or lunatic, and shall receive such sums as may be found due and cause the same to be invested; and should the interest of any non-resident of this State be affected by the proceedings provided for in this section, their publication once in the newspaper in which the Sheriff's advertisements in said county are published shall be sufficient service, provided such publication is made at least ten days before the meeting of said jury; and upon payment by said company of such damages as may be finally awarded, the fee simple title to such lands or water courses as may be necessary for its purposes shall vest in said company. May acquire lands, etc. Build through cities and towns and cross highways. Proviso. Disputed right of way. Sec. XIV. 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 October 13, 1885. INCORPORATING THE COLUMBUS AND FLORIDA RAILWAY COMPANY. No. 375. An Act to incorporate the Columbus and Florida Railway Company. 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 W. A. Little, G. Gunby Jordan, B. F. Hatcher, George P. Swift, Jr., and John F. Flournoy, of Columbus; S. G. McLendon and Arthur P. Wright, of Thomasville; Byron B. Bower, of Bainbridge, and Edward Lewis, of Florida, or a majority of them, and such others as shall associate under said name, shall be, and are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Columbus and Florida Railway Company. Corporators. Name of corporation. Sec. II. Be it further enacted by the authority of the same , That said company be authorized to build a railway from Columbus, in the county of Muscogee, to the Florida line at any point on said line of the State of Florida east of the Chattahoochee river and west of the Nithlacoochee river. Said company shall have the right to take, hold and use for the purposes and within and according to the provisions of this Act such land, not exceeding two hundred feet in width, as may be necessary for its right-of-way, sidings, depots, etc., and it is authorized, for procuring stock in the same, to open books and procure subscriptions of stock at the rate of one hundred dollars a share, at such time and places as may be thought proper; to elector

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appoint all necessary officers, agents and servants; to borrow money, make contracts, hold real and personal estate, sue and be sued, and use a common seal. Route. Right of way. Books of subscription. Election of officers, etc. Sec. III. Be it further enacted by the authority of the same , That in all cases where a question of right-of-way may arise and the company and the land owner or owners be unable to agree, the matter in controversy shall be submitted to arbitration under the law regulating arbitration in the Code of Georgia, but if either party shall fail or refuse to choose an arbitrator, the Ordinary of the county where such land lies shall make choice for such party. The two arbitrators thus chosen shall choose a third, and the award made by them shall be made in writing, filed in the Clerk's office of the Superior Court of the county where the land lies, and this award shall be final, unless attacked in the manner and on the ground prescribed in the Code. If the award is set aside the cause shall remain in court and an issue shall be formed and tried, as though the cause had been originally brought in the court, and the arbitrators, as well as the jury, shall, in addition to the usual oath, be sworn in assessing damages to take into account the enhanced value of the land from the location of the road on the premises. Disputed right of way. Sec. IV. Be it further enacted, etc. , That the corporators herein named shall be ex-officio directors until their successors are elected under the by-laws of such company. Proviso directors. Sec. V. Be it further enacted, etc. , That said company shall have full power to pass all by-laws and regulations necessary to carry out the objects of said company not inconsistent with the laws of the State of Georgia and the United States. By-laws, etc. Sec. VI. Be it further enacted, etc , That the capital stock of said company shall not exceed two million dollars, part of which may be issued as preferred stock. Capital stock. Sec. VII. Be it further enacted , That said Columbus and Florida Railway Company is hereby incorporated for the term of fifty years. Term of charter. Sec. VIII. 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 October 13, 1885.

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INCORPORATING THE THOMASVILLE AND AUGUSTA RAILWAY COMPANY. No. 376. An Act to incorporate the Thomasville and Augusta Railway Company. 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 Arthur P. Wright, Thomas C. Mitchell, S. L. Hayes, A. T. McIntyre, Jr., H. W. Hopkins, M. Isaac and S. G. McLendon, of Thomas county, Georgia; H. L. Watkins, of Colquitt county, and James K. Hines, of Washington county, or a majority of them, and such others as they may associate with them under said name, shall be, and are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Thomasville and Augusta Railway Company. Corporators. Name of corporation. Sec. II. Be it further enacted by the authority of the same , That said company be authorized to build a railway from Sandersville, in Washington county, or some point on the Central Railroad, through Thomasville, Thomas county, Georgia, to the Florida line, to take, hold and use for the purposes and according to the provisions of this Act such land, not exceeding two hundred feet in width, as may be necessary for its right of-way, sidings, depots, etc., and it is authorized, for procuring stock in the same, to open books and procure subscription of stock at the rate of one hundred dollars a share at such time and places as may be thought proper, to elect or appoint all necessary officers, agents and servants, to borrow money, make contracts, hold real and personal estate, sue and be sued, and have and use a commen seal. Route. Right of way. Books of subscription. General powers. Sec. III. Be it further enacted by the authority of the same , That in all cases where a question of right-of-way may arise and the company and the land owner or owners be unable to agree, the matter in controversy shall be submitted to arbitration under the law regulating arbitration in the Code of Georgia, but if either party shall fail or refuse to appoint an arbitrator, the Ordinary of the county where such land lies shall make choice for such party. The two arbitrators thus chosen shall choose a third, and the award made by them shall be made in writing, filed in the Clerk's office of the Superior Court of the county where the land lies, and their award shall be final unless attacked in the manner and on the grounds prescribed in the Code. If the award is set aside, the cause shall remain in court and an issue shall be formed and tried as though the cause had been originally brought in the court, and the arbitrators, as well as the jury, shall, in addition to the usual oath, be sworn in assessing damages to take into account the enhanced value of the land from the location of the road on the premises. Disputed right of way.

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Sec. IV. Be it further enacted by the authority of the same , That the corporators herein named shall be ex-officio directors until their successors are elected under the by-laws of said company. Provisional directors. Sec. V. Be it further enacted by the authority of the same , That said company shall have full power and authority to pass all by laws and regulations necessary to carry out the objects of said company not inconsistent with the laws of the State of Georgia and the United States. By-laws, etc. Sec. VI. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed two million dollars, part of which may be issued as preferred stock. Capital stock. Sec. VII. Be it further enacted by the authority aforesaid , That said Thomasville and Augusta Railway Company is hereby incorporated for a term of fifty years. Term of charter. Sec. VIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1885. INCORPORATING THE LaGRANGE NORTH AND SOUTH RAILROAD OF GEORGIA. No. 387. An Act to incorporate the LaGrange North and South Railroad Company of Georgia; 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 for the purpose of constructing a railroad from the town of Chipley, in Harris county, Georgia, via LaGrange and through the county of Heard, to connect at some point on the Georgia Pacific Railroad, in Carroll county, R. S. McFarlin, W. V. Gray, Thomas S. Bradfield, Henry E. Ware, B. C. Ferrell, John J. Swain, James G. Truitt, Henry C. Butler, William C. Yancey, O. A. Dunson, Edwin R. Bradfield, Alfred Truitt, Thomas J. Howell, Enoch Callaway, Louis J. Render, F. M. Ridley, Elisha J. Pitman, I. F. Cox, John R. Broome, Benjamin H. Bigham, Francis M. Longley, William J. McClure and A D. Abraham, of the county of Troup, and their associates and assigns, be, and they are hereby declared to be a body corporate by the name of The LaGrange North and South Railroad Company of Georgia, and shall be capable in law to sue and be sued; to plead and be impleaded; to contract, purchase, receive, hold, use and possess such real and personal property which they may deem proper for the use of the said railroad company. Route. Corporators. Name of corporation. General powers.

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Sec. II. Be it further enacted , That the capital stock of said railroad company shall consist of one million dollars, which shall be divided into shares of one hundred dollars each, and which said capital stock may be increased to a sum not to exceed two million dollars, and books of subscription to said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed on by said incorporators, or a majority of them. Capital stock. Books of subscription. Sec. III. Be it further enacted , That when the sum of fifty thousand dollars shall have been bona fide subscribed to the capital stock of said company, it shall be the duty of the incorporators, or a majority of them, to call a meeting of the stockholders at such time and place as may be agreed on by them, of which meeting twenty days' notice shall be given in a newspaper published in the city of LaGrange, Georgia, at which meeting the stockholders shall elect thirteen directors to manage the affairs of said company, and the directors so elected shall elect one of their number as president of the company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock shall be represented in person or by written proxy. Organization. Notice. Directors. Officers. Sec. IV. Be it further enacted , That said company, by its board of directors, may make such rules and by-laws for the management of the business of said company as are reasonable and just, and not inconsistent with the constitution and laws of this State or of the United States. By-laws. Sec. V. Be it further enacted , That said railroad company shall have power and authority to survey, lay out, construct, equip and use a railroad of such gauge as they may elect from the town of Chipley, Georgia, in the county of Harris, via LaGrange, in Troup county, and through the county of Heard to some point on the Georgia Pacific Railroad, in the counties of Carroll or Haralson, and by and 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. Rights as carriers. Sec. VI. Be it further enacted , That the president and directors of said company shall hold their offices for 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 the 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. Term of officers. Meetings of stockholders. Vote of stockholders. Sec. VII. Be it further enacted , That the board of directors shall have power and authority to elect a secretary and treasurer of the company under such rules and by-laws as they may adopt, and to fix the salaries of all the officers of the company, and to fill all vacancies that may occur in their own body until the next meeting of the stockholders; a majority of the board, including the president, shall constitute a quorum, and in case of the absence of the

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president, a member of the board may be chosen to act as president pro tem . Powers of directors. Quorum. Sec. VIII. Be it further enacted , That said company shall have the power, so soon as fifty thousand dollars are 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 the said amount of stock is subscribed. Collection of subscriptions. Sec. IX. Be it further enacted , That said company shall have power to receive as a gift and to purchase all such real and personal property as shall be necessary for the use of said company. Power to take and hold property. Sec. X. Be it further enacted , That in the event of said company or the owner of any land through which said company desires to build said road (whether said land be in the hands of the owner or the administrator, or executor, or trustee, or guardian) cannot agree as to 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 the case shall be sworn to well and truly try the issue involved, and also to take into account the benefits accruing to said land by reason of the building of said railroad, but in no case shall the jury give less damages than the actual value of the land to be taken. The party moving shall in all cases give to the opposite party ten days' notice of the time and place of trial, and either party shall have the right to enter an appeal to the next Superior Court of the county by complying with the law in relation to appeals to the Superior Court. Disputed right of way. Sec. XI. 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 such real estate as they desire necessary for the railroad purposes of said corporation. Width of right of way. Sec. XII. Be it further enacted , That said company shall have the power to issue bonds in such amounts as they may desire, and may mortgage all the railroad, its right-of-way, rolling stock and franchise for the purpose of securing its bonds, and may issue its notes to creditors. Bonds, mortgages, etc. Sec. XIII. Be it further enacted , That the stockholders of said company shall be liable for the debts of said company to the extent of their unpaid stock and no further. Liability of stock-holders. Sec. XIV. Be it further enacted , That said railroad company shall have the right to purchase or lease any other railroad of this State and its property and franchise, or any part thereof, upon such terms and conditions as may be agreed upon by the stockholders of both contracting companies when the same will not conflict with the constitution and laws of this State. Purchase of other railroads, etc. Sec. XV. Be it further enacted , That the principal office and place of doing business of said company shall be in the city of LaGrange. Principal office.

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Sec. XVI. Be it further enacted , That said railroad company shall have the power to sell, lease, assign or transfer its stock, property and franchises to, or to consolidate the same with those of any other railroad company (incorporated under the laws of this or any other State or of the United States) whose railroad, within or without this State, shall connect with or form a continuous line with the railroad of this company upon such terms as may be agreed upon; Provided , that said terms shall be submitted to the stockholders of said railroad company at a special meeting called for that purpose, and shall be sanctioned by the holders of two-thirds of the stock represented at such meeting, in person or by proxy, when the same will not conflict with the constitution and laws of this State. Sale to other roads, etc. Sec. XVII. Be it further enacted , That said railroad company shall have the right to receive from Robert S. McFarlin a conveyance of all the rights, title and interest which the Columbus and Rome Railroad Company conveyed by deed to Robert S. McFarlin on the 31st of August, 1885, for the purposes therein set forth. May receive conveyance from R. S. McFarlin as to Co. lumbus Rome Railroad company. 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 October 15, 1885. AMENDING CHARTER WEST END AND ATLANTA STREET RAILROAD COMPANY. No. 412. An Act to amend an Act to incorporate the West End and Atlanta Street Railroad Company, approved August 26, 1872. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above-recited Act and all Acts amendatory thereof be amended as follows: By adding to said Act another section, to be known as section V, in the words following, to-wit: Section V. And be it further enacted , That said West End and Atlanta Street Railroad Company is authorized and empowered to extend any one or more of its lines of road in the county of Fulton not more than two and one-half miles beyond the present corporate limits of the city of Atlanta, and in that event the damages to the owners of the land through which said road may run shall be ascertained and settled in the same manner as is prescribed by the charter of the Central Railroad and Banking Company. Nothing in this Act shall be so construed as to authorize the incorporators in this Act to obstruct or in any way interfere with the bed of the road now being put down by the County Commissioners. Right to extend beyond limits of Atlanta. Damages for right of way. Not to obstruct county roads. 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 October 15, 1885.

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INCORPORATING CINCINNATI, GEORGIA AND FLORIDA RAILROAD COMPANY. No. 426. An Act to incorporate the Cincinnati, Georgia and Florida Railroad Company and to confer certain powers and privileges upon the same. Section I. The General Assembly of the State of Georgia do enact , That C. W. Gray, W. H. Payne, A. T. Hackett, T. T. Wilson, of the county of Catoosa; Robert A. Bacon, George J. Grimes, George Phelps, of the county of Muscogee; Frederick A. Vaughan and Alexander W. Hains, of Alabama, and such others as shall associate with them under said name, be, and they are hereby declared a body corporate and politic by the name and style of the Cincinnati, Georgia and Florida Railroad Company, and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State; may make necessary rules and by-laws for its government; may have and use a common seal and the same to alter and destroy at pleasure; may purchase, accept, have, hold, enjoy and convey any property, real, personal or mixed, which may be necessary or proper for the purposes herein mentioned, and may enjoy all the rights and privileges common and necessary to such a corporation. Corporators Name of corporation. General powers. Sec. II. Be it further enacted , That said company shall have power and authority to survey, lay out and construct, equip and use and enjoy a railroad from the line of the line of the States of Georgia and Tennessee, at a point near the station of Graysville, Georgia, to a certain point in the line of the States of Georgia and Alabama, or in the line of the States of Georgia and Florida, to be determined by said company, being in the direction of Saint Andrew's Bay, in Florida, and said company may build its railroad to or near the cities of Rome, Carrollton, LaGrange and Columbus, or either of these cities, and said railroad may cross or connect with any railroads now built, or hereafter to be built, at such point on its line as may be best, and the right of the company to proceed and build said railroad shall not be affected by any conflicting laws. Route. Sec. III. Be it further enacted , That the capital stock of said company shall be three millions of dollars, with the privilege of increasing the same to six millions of dollars, to be divided into shares of one hundred dollars each, and each shareholder shall be liable only to the extent of the capital stock subscribed for by said stock holder. Capital stock. Liability of stockholders. Sec. IV. Be it further enacted , That the above named incorporators shall be ex-officio directors, and a majority of them shall constitute a quorum, and may elect a president and such officers and agents and establish such rules and by-laws as may be best for

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conducting the business of the company, and shall hold office for one year, or until their successors are duly elected and qualified, and that subsequent boards of directors shall be composed of nine directors, and the board of directors may fill vacancies in the board caused by resignation, death or otherwise. Provisional directors. Permanent officers etc. 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 October 16, 1885. AMENDING CHARTER OF GEORGIA SOUTHERN AND FLORIDA RAILROAD COMPANY. No. 428. An Act to amend an Act entitled an Act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes, approved September 28, 1881, by striking out the names of certain incorporators from said Act and inserting other names in lieu thereof; also changing the proposed direction of said road; also to change the amount required to be paid in before work is begun, and to increase the time allowed for the completion of said road, and for other puposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the names of William H Ashton, George Berry, Harold Carter, John D. Prince, and Frank E. Lyons be, and the same are hereby stricken from the first section of the aforesaid Act and the following names be inserted instead thereof, to-wit: S. B. Price, F. S. Johnson, M. Naussbaum, J. W. Burke, Cicero A. Tharp, of the county of Bibb; B. P. Jones, of Lowndes county, and William A. Harris, of the county of Worth, in this State, so that said section as amended shall read as follows: That from and after the passage of this Act, S. B. Price, F. S. Johnson, M. Naussbaum, J. W. Burke, Cicero A. Tharp, of the county of Bibb; B. P. Jones, of Lowndes county, and William A. Harris, of the county of Worth, in this State, and such other persons and corporators as are or may be associated with them and their successors and assigns, be, and are hereby created a body corporate and politic under the name and style of the Georgia Southern and Florida Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity of this State; may make by-laws and appoint all necessary officers in the manner hereinafter prescribed, and define their duties; may accept, purchase, hold and convey any property, both real and personal, necessary for the purposes herein prescribed; may make contracts, have and use a common seal, and do other lawful acts properly incident thereto and connected there with and necessary for the control, promotion and transaction of its said business. Names of certain corporators stricken. Others inserted

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Sec. II. Be it further enacted by the authority aforesaid , That the second section of the above-recited Act be, and the same is hereby amended by adding after the word town in the fifth line of said section the words or any point between Valdosta, in Lowndes county, and the Allapaha river in said county, so that said section as amended shall read as follows: That said company shall have power and authority to survey, lay out and construct and build a railroad from the city of Macon, in the county of Bibb, in the most direct and practicable route, to be judged of by them, to the town of Valdosta, in Lowndes county, or to any point between Valdosta and the Allapaha river in said county, and then to the Florida line, and the same to use, equip and enjoy all the rights, privileges and immunities granted to the Central Railroad and Banking Company of Georgia, except banking privileges, and except exemption from taxation and subject to the same liabilities imposed upon said company. Route changed. Sec. III. Be it further enacted by the authority aforesaid , That the ninth section of the said recited Act be, and the same is hereby amended by striking out from the fifth line of said Act the words twenty-five and inserting in lieu thereof the word five, and by striking from the seventh line thereof the word five and inserting in lieu thereof the word ten, so that said section as amended shall read as follows: That said company shall begin the construction of said road as soon as possible, but no organization of said company shall be effected under this charter until seventy-five (75) thousand dollars shall be bona fide subscribed to the capital stock of the company, and five (5) per cent. thereof shall have been actually paid in, and if the said road is not completed within ten years from the date of the passage of the original Act, the charters hereby granted be forfeited. Organization of company. 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 October 16, 1885. INCORPORATING THE ATHENS AND JEFFERSON RAILROAD COMPANY. No. 448. An Act to incorporate the Athens and Jefferson Railroad Company, with power to build branch roads, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That J. B. Glover, S. M. Herrington, James S. Hamilton, E. H. Dorsey, F. Phinizy, W. S. Holman, S. P. Thurmond, John E. Talmadge, A. J. Cobb, T. L. Gantt, T. C. Hampton, Charles F. Holliday, T. H. Niblack, W. C. Howard and R. H. Reaves, their associates

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and successors and assigns, be, and are hereby incorporated and made a body politic and corporate under the name and style of the Athens and Jefferson Railroad Company, and as such may sue and be sued; plead and be impleaded in any court in this State; may have and use a common seal and the same alter at pleasure; may purchase, accept, hold and convey any property, real, personal or mixed; may make contracts, issue bonds, make by-laws, appoint or elect all necessary officers, prescribe their duties, and do all other lawful acts and have all other powers incident to and connected with the objects of said company and as are necessary for the regulation and transaction of its business. Corporators. Name of corporation, General powers. Sec. II. Be it further enacted , That said company shall have power and authority to survey, lay out, construct, equip and operate a railroad, of such gauge as it may elect, from a point in or near the city of Athens, in the county of Clarke, to a point in or near the town of Jefferson, in the county of Jackson, with the further authority to lay out, construct and operate an extension of said Athens and Jefferson Railroad from the town of Jefferson to the town of Homer, in Banks county, and also to construct and operate, should said company so desire, a branch line of railroad from any point on the line of said Athens and Jefferson Railroad to the town of Lawrenceville, in Gwinnett county, and said company may charge for the transportation of passengers and freight such rates as may be just, reasonable and legal. Route. Sec. III. Be it further enacted , That the capital stock of said company may be one hundred thousand dollars, to be divided into shares of fifty dollars each, with authority to increase the same to five hundred thousand dollars, but it may be increased or diminished as said company may determine. Capital stock. Sec. IV. Be it further enacted , That books of subscription to the capital stock of said company may be opened at any place or places on the contemplated line of said railroad, and as soon as five thousand dollars of said stock is subscribed, the organization of said company may be perfected and election of officers be had, and said company be authorized to commence operations under the provisions of this Act. Notice of said election shall be published in at least one newspaper in the city of Athens ten days previous to the holding of the same. Books of subscription. Organization. Sec. V. Be it further enacted , That said company may take subscriptions to the capital stock in land or any material which may be useful and necessary in the construction of said railroad, and said company may take notes, deeds or mortgages to secure the payment of subscriptions to the capital stock, and may accept any donation of right of-way or any other real estate, and said company shall have power to run across the right-of-way and track of any other railroad company which it may be necessary to cross to reach any of the termini herein mentioned, and said company may construct its railroad along the streets of any incorporated town; Provided , the consent of the corporate authorities be first obtained. Subscriptions to capital stock. Right of way.

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Sec. VI. Be it further enacted , That in all cases wherein a question of damages for right-of-way may arise and the parties disagree, the owner of said land shall select one arbitrator and the company another, and they to select a third, all of whom shall be disinterested parties, who shall assess the damages to be paid by the railroad company for running said road through said land, reserving the right to either party to appeal to the Superior Court under the laws in force regulating appeals to that court; Provided , that in no case shall the right-of-way embrace more than one hundred feet in width on each side of the track of said railroad. Disputed right of way. Sec. VII. Be it further enacted , That said company be authorized to enter upon, survey and appropriate all lands and use all meterial necessary for the construction of said railroad and its extensions or branches, and make all contracts therefor, making just and proper compensation for the same according to the plan above set forth, and be further authorized to receive donations of right-of-way or other valuable lands or material needed in the building of said road or necessary for carrying out the objects of the same. Right to take and hold land, etc. Sec. VIII. And be it further enacted , That the corporate powers herein conferred shall be exercised by a president and ten directors, and such agents, attorneys and employees as they may select, and the principal office of said company shall be located in the city of Athens, Georgia. Officers. Principal office. 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 October 19, 1885. INCORPORATING THE ANNISTON AND CHATTANOOGA RAILROAD COMPANY. No. 449. An Act to incorporate the Anniston and Chattanooga Railroad Company, and to grant certain powers and privileges to the same, and to authorize said road to consolidate its road with any other road incorporated by this State, the State of Alabama or the State of Tennessee, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, S. K. McSpadden, of Alabama; K. R. Foster, A. J. Lawrence, J. M. Wyatt, J. B. Wheeler, J. C. Wardlaw and James M. Lee, of Georgia, their associates and assigns, be, and they are hereby incorporated with perpetual succession under the name and style of the Anniston and Chattanooga Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State, have and use a common seal, contract and be contracted

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with, purchase and receive, have, hold, use and enjoy and possess such real and personal property as may be necessary and proper for the use of said railroad company. Corporators. Name of corporation. General powers. Sec. II. Be it further enacted , That said company shall have power to survey, locate, construct, build, equip, use and maintain and operate a railroad of such gauge as they may elect from any point on the Alabama State line, in the county of Chattooga, through the counties of Chattooga and Walker, by the way of Lafayette, to the Tennessee line at or near McFarland's Springs, in the State of Georgia, and said company shall have the power to accept, purchase, lease, have, hold and convey any property, real, 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. Route. Special powers. Sec. III. Be it further enacted , That the capital stock of said company shall be one million dollars, to be divided into shares of twentyfive dollars each, which said capital stock may be increased to a sum not exceeding two million dollars. Books for the subscription to said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed upon by said incorporators, or a majority of them. No subscription to the capital stock of said company shall be received by the incorporators except such as are of known solvency and collectable by law. When the sum of two hundred thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall call a meeting of the stockholders at such place as may be agreed upon by them, of which meeting twenty-five days' notice shall be given in a newspaper published in the town of Summerville, in Chattooga county, and also in a newspaper published in Lafayette, in Walker county, Georgia, at which meeting the stockholders shall elect seven directors, to manage the affairs of said company, and the directors so elected shall elect one of their number as president of the company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock subscribed shall be represented in person or by written proxy. The president and directors shall hold their office one year, or until their successors are elected and qualified, and said board of directors, as well as other boards of directors that may be thereafter elected, shall have power to make and adopt such by-laws, rules and regulations, not in conflict with the constitution and laws of this State or of the United States, as they may deem necessary for the government of its affairs or the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said company as may be necessary to carry on its business. They shall have authority to fill all vacancies that may occur in the board of directors or in the offices of said company by death, resignation or otherwise. They shall have power to call in from time to time, as they may deem proper, such installments of the original or the increased capital

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stock of said corporation as may remain unpaid from time to time and at any time, and to receive cash, or what they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind, to make contracts, to borrow money, 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 constitution and laws of this State. Capital stock. Books of subscription. Organization. Directors and officers. Powers of. Sec IV. Be it further enacted , That the said company shall have power and authority to consolidate its road and franchise with any other railroad company or companies now or to be hereafter incorporated by this State, the State of Alabama or Tennessee, upon such terms as may be agreed on by them. Consolidation with other railroads. Sec. V. Be it further enacted , That unless the sum of one hundred thousand dollars shall have been expended on the road-bed of said company within five years from the date of the passage of this Act, this charter shall be deemed and held as forfeited. Limitation of charter. Sec. VI. Be it further enacted , That in the event that said company and the owner of any land through which said company desires to build its road (whether said land be in the hands of the owner or a trustee, executor, administrator or guardian) cannot agree upon the price to be paid therefor, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, all of whom shall be disinterested free-holders of the county where the land in dispute lies, to be chosen one by the company, one by the land owner (if he or she shall think proper) and one by the Ordinary of the county where the land lies; but if the land owner shall decline to select an appraiser, then the Ordinary shall select two and the company one. The award of a majority of the appraisers in writing shall operate as a judgment for the amount against the company, and shall be enforced by an execution issued by the Ordinary upon said award being filed with the Ordinary, with the right of appeal to the Superior Court (under the law governing appeals), to be tried as other appeals, and the decision in either case shall vest in the company the fee simple in the lands in question, and in the other party a judgment for its value thus ascertained. Five days' notice shall be given to the owner, executor, administrator or guardian of such land of the time and place of trial; Provided , nothing in this Act shall be so construed as to authorize the appraisers to make any estimate or valuation by which the landholder shall become liable to the company; and provided further , that in no case shall the amount assessed and paid be less than the actual value of the land taken. Disputed right of way. Sec. VII. Be it further enacted , That should the said railroad company be compelled to go to law in order to acquire title to the land or right-of way, such action shall not interfere with the progress of the work on said road. Progress of work not to be interfered with.

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Sec. VIII Be it further enacted , That said company shall have the right to take for its right-of-way a strip of land, not exceeding one hundred feet in width, and shall have the right to buy and sell also such real estate as they may desire. Width of right of way. Sec. IX. Be it further enacted , That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock and no further. Liability of stockholders. Sec. 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 October 19, 1885. INCORPORATING THE ATLANTIC AND MEXICAN GULF CANAL COMPANY. No. 455. An Act to incorporate the Atlantic and Mexican Gulf Canal Company and to grant certain privileges therein named. Section I. Be it enacted by the General Assembly of Georgia , That William Rogers, I. L. Burris, Alexander Curtis, James R. Clarke, D. C. Bacon, and Henry B. Tompkins of Georgia, and George F. Drew, J. J. Finley, and Samuel A. Swann, of Florida, 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 Atlantic and Mexican Gulf Canal Company, and by that name they and their successors and assigns shall and may have perpetual succession as such body corporate and politic, and as such may sue and be sued in all courts of Georgia, or in any place whatsoever having competent jurisdiction over any matter, dispute or transaction touching the business affairs of such company, may make by-laws, rules and regulations for its government, not inconsistent with the laws and constitution of the State or the United States, and to do all 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 directors, time and mode of electing them, and to have a common seal and to alter and destroy the same at pleasure. Corporators. Name of corporation. General powers. Sec. II. Be it further enacted , That the said company shall have the right, power and authority to build, construct, own and maintain a canal of such dimensions as it shall deem suitable and capable of being used by such boats, steamboats, tugs, barges and other crafts as navigate the Mississippi river above New Orleans, from the mouths of St. Mary's or Big Satella rivers, along said rivers, or either or both of them as far as requisite, through the Okefenokee swamp or along its southern border, and thence westward by the

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most direct and practicable route as the company may determine, to connect with the waters of the Gulf of Mexico, the true interest and object of this Act being to encourage and authorize the opening of an artificial line of water communication for the purpose of transporting from the Atlantic to the Gulf of Mexico, and from the Gulf to the Atlantic, and to market the timbers, lumber and other products along the line or route indicated, and for such other commercial purposes as the convenience of the route may determine or may attract to it, and for this purpose the said company shall also have full power and authority to improve by slack water dams or otherwise any and all the rivers, creeks and streams which will flow into or may be made a part of or to connect with said canal; the said company shall likewise have the right, power and authority to acquire by purchase, and to hold for their 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. Route of canal. Objects of Act. Improvements of streams, etc. Rights of way, etc. Sec. III. Be it further enacted , That for the purpose of encouraging and contributing in some degree to the construction of the canal, and in consideration of the construction of said canal, the State hereby grants to the said Atlantic and Mexican Gulf Canal Company the exclusive right-of-way through the Okefenokee swamp, and other lands belonging to the State, so far as its authority and rights to do so extend, and whenever, in the opinion of the Governor of the State, it is manifest that the canal has been commenced by the said company, and that ten miles of the same have been properly and in good faith constructed by the company, then said Governor shall be authorized to sell and convey to said company all of the lands in said Okefenokee swamp or its vicinity, as now belong to the State, at and for the price of not less than $20 per acre for all of such lands, said sale and conveyance of said lands to be subject to the following conditions: Upon the failure of the company hereby incorporated to complete said canal, or upon the discontinuance by said company of work upon said canal for a period of two years, then and in these cases said sale and conveyance shall be null and void, and the said lands thereby conveyed, as well as the purchase money thereof, shall be forfeited by said company; Provided further , the expenses of any survey necessary to determine the quantity of said land so to be conveyed shall be borne by said company. Exclusive right of way through Okefenokee swamp, etc. Sale of swamp lands by the State. Conditions of. Sec. IV. Be it further enacted , That the said company shall have the power to select and take, purchase or receive as donations or otherwise such strips or parcels of land, not exceeding three hundred yards in width, on each side of the canal along the route they may select for said canal and along the streams they may choose to improve as feeders to it, and in all cases of disagreement as to the value of said strips or parcels of land between said company and the owner or owners thereof, it shall be lawful for either party to apply to the Sheriff of the county in which the land may be located to summons a jury of three disinterested freeholders, who shall examine the land sought to be appropriated for the use of said

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company, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county under the rules and regulations which apply to appeals generally in said court, and in all cases such freeholders, and the jurors of such Superior Court, in addition to the usual oath, shall be sworn in assessing damages to take into consideration the prospective value to the land and premises through which the said canal and slack-water improvements may run, and to have evidence touching the same, and upon payment of damages so assessed, a fee simple title to such strips or parcels of land shall vest in said company. Width of right of way. Disputed right of way. Sec. V. Be it further enacted , That the said company shall have full power to receive and collect such rates of toll and charges, as they from time to time may deem just and proper, on all vessels, boats and rafts, and on all and every water craft or thing which may pass said canal, or any part thereof, or through the slack-water improvements made by the company to connect with it, or through any part thereof, and for all such tolls the company shall have a lien on the property so passed or conveyed, and shall have the right to dispose of the same at public outcry to satisfy the amount of such toll or freights when left unpaid for the space of thirty days; Provided , nothing in this Act shall be construed to give the company hereby incorporated the right to interfere with free navigation upon the portions of the rivers hereinbefore named at present navigable. Rights of carriers. Toll, etc. Not to interfere with navigation. Sec. VI. Be it further enacted , That whenever the said canal shall intersect a public road, the company shall build a safe and substantial bridge, and keep the same in repair, and all and any public or private bridges may be at any time built across the said canal, and free access allowed by the company; Provided , such bridges shall not obstruct or incommode the navigation or use of said canal. Intersection of public roads. Sec. VII. Be it further enacted , That it shall not be lawful for any person or persons whatever to throw earth, rubbish, trees, logs, stones or any other matter or thing whatsoever into said canal, or injure in any way whatever its locks, basins, banks, tow-paths, feeders, docks or anything appertaining to the same; any person offending against the provisions of this Act shall be liable to indictment as for a misdemeanor, and on conviction may be fined or imprisoned, as provided in section 4310 of the Code, and shall also be liable for such damages as may be sustained thereby. Obstruction of canal Penalty. Sec. VIII. Be it further enacted , That the capital stock of said company shall be one million of dollars, but may be increased to double the amount, or more, if the company shall deem such increase necessary to enable them to complete the said canal and slack-water works, and the capital stock may be divided into such number of shares as may be fixed by the company's by-laws authorized in the first section of this Act. Capital stock. Sec. IX. Be it further enacted , That said company shall have the exclusive privilege of constructing such cause and slack-water

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works over a section thirty miles in width; both sides of the route as set forth in section 2 of this Act and said exclusive privileges shall not be taken away from such company or its assigns; Provided , the line for the canal is selected and marked within one year from the passage of this Act, and that twenty miles of said canal are finished within five years thereafter. Exclusive right of way Proviso. Sec. X. Be it further enacted , That this Act shall be deemed and taken as a public Act, and shall be liberally construed for carrying the purposes aforesaid into effect. Construction of this Act. Sec. XI. Be it enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 20, 1885.

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TITLE III. MISCELLANEOUS. ACTS. Surrender of charter of Summerville Macadamized, Graded or Plank Road Company, etc. Changing name of the College of American Medicine and Surgery. Incorporating the Propeller I'ow Boat and Lighterage Company of Savannah. Incorporating the Augusta Mutual Endowment Association. Incorporating the Savannah Dredging Company. Incorporating the Louisville and Wadley Telegraph Company. Amending charter Macon Gas Light and Water Company. SURRENDER OF CHARTER OF SUMMERVILLE MACADAMIZED, GRADED OR PLANK ROAD COMPANY. No. 76. An Act to authorize the surrender of the charter of the Summerville Macadamized, Graded or Plank Road Company, and make disposition of the corporate assets. Whereas, The Summerville Plank Road Company was incorporated by the Inferior Court of Richmond county, April 4, 1853, under the provisions of the Act, approved February 25, 1850; and Whereas, the said charter was amended, by order of the same court, July 7, 1859, by changing the name to the Summerville Macadamized, Graded or Plank Road Company; and Whereas, by Act of December 16, 1861, the village of Summerville was incorporated, and by Act, approved December 9, 1882, the limits of the city of Augusta were extended westwardly to the line of the village of Summerville, so that the entire portion of said road, as originally described in the articles of association at the time of its incorporation, is now within the corporate limits of the city of Augusta and the village of Summerville: Preamble.

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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 first day of February, 1885, the said Summerville Macadamized, Graded or Plank Road Company shall be authorized to surrender its charter, and cease to exist as a corporation, and the franchise to take and receive toll granted to it is hereby authorized to be accepted back by the State upon the delivery of a surrender to the Governor of the State. Surrender of charter authorized. Sec. II. Be it further enacted , That the corporation, through its president for the time being, shall be authorized to sell and convey privately or publicly all the corporate property, except the franchise to be surrendered, and after the payment of all indebtedness due by the corporation, he shall distribute the proceeds among the stockholders pro rata . Sale of other corporate property. Distribution of proceeds. 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 24, 1884. CHANGING NAME OF THE COLLEGE OF AMERICAN MEDICINE AND SURGERY. No. 148. An Act to change the name of the College of American Medicine and Surgery to that of the Georgia College of Eclectic Medicine and Surgery. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That the name of the College of American Medicine and Surgery be, and the same is hereby changed to that of The Georgia College of Eclectic Medicine and Surgery, and that said college shall have all the rights and privileges under its new name that it had under its original name. Name changed to The Georgia College of Eclectic Medicine and Surgery. Sec. II. Be it further enacted by 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, 1885.

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INCORPORATING THE PROPELLER TOW BOAT AND LIGHTERAGE COMPANY OF SAVANNAH. No. 169. An Act to incorporate the Propeller Tow Boat and Lighterage Company of Savannah, 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 Jacob Paulsen, Ellen A. Smith, Fanny N. Smith, Henry M. C. Smith, Nicholas Paulsen, Anna M. D. Morgan, Joseph A. Roberts and Fanny McCauley, and such other persons as they may associate with them, and their successors and assigns, be, and they are hereby constituted a body corporate and politic, under the name and style of the Propeller Tow Boat Company of Savannah, for the purpose of navigating and doing a general towing and lightering business in the waters of Georgia and elsewhere, and by that name and style may hold real and personal property; may contract and be contracted with; may sue and be sued; plead and be impleaded in all courts of law and equity; may have and use a common seal, and all the powers and privileges and immunities necessary to such a corporation are hereby granted and conferred upon the same; that they may make all by-laws, rules and regulations necessary for the government of the same, and not inconsistent with the laws of the United States and of the State of Georgia; do all lawful acts incident to such a corporation, and may determine as to the number of directors and the time and mode of selecting them. Corporators Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the said company shall have the right, power and authority to acquire by purchase or otherwise, and to own, have, hold and maintain tug boats, barges, lighters, flats, and all things expedient thereto, wharves, lands and other property, rights and privileges necessary and proper for the purposes of its incorporation, and may grant, bargain, sell and convey or lease the same at pleasure; that it may, among other powers, make contracts for the towage and lighterage of vessels, for the conveyance and carriage of merchandise and persons, and generally to use, navigate, operate, charter, hire out or lease its said property, or contract for the use and services of the same to other persons or corporations, and to appoint such officers and agents and employ such other persons as may be necessary or convenient to carry into effect the objects of this incorporation. Special powers. Sec. III. Be it further enacted , That the affairs of the company shall be managed by a board of directors, who shall elect a president from their number, said board to be elected by the stockholders at such time and for such term as they may by their by-laws determine; that each share of the stock shall entitle the holder

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thereof to one vote, which may be exercised, either in person or by proxy, by some person appointed and empowered in writing, and that said board of directors so elected by said stockholders may appoint such officers and employ such hands and regulate their duties and compensation as to them may seem expedient for the interest of the company. Directors and president Election of. Vote of stockholders. Officers. Sec. IV. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, but may be increased, from time to time, by the stockholders of said company, as they may deem expedient or necessary, to such amount, not exceeding two hundred thousand dollars, as they may determine, which shall be divided into shares of one hundred dollars each. Capital stock. 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 10, 1885. INCORPORATING THE AUGUSTA MUTUAL ENDOWMENT ASSOCIATION. No. 246. An Act to incorporate The Augusta Mutual Endowment Association. 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 Charles E. Coffin, Frank G. Ford, William L. Platt, John T. Newberry, William C. Jones, William Mulherin, Samual P. Wiesiger, J. H. Alexander, James L. Fleming, John J. Cohen, Charles G. Goodrich, C. H. Octgen, John L. Maxwell, J. Clarence Levy and Robert L. Pierce, and their associates and successors, be, and they are hereby created a body politic and corporate, to be known as the Augusta Mutual Endowment Association, for the object and purpose of insuring the lives of each other, upon the payment by each member of the association of such sum or sums as may be required by the laws and regulations of the association, with power to sue and be sued; to buy, own, use and enjoy and convey property, both real and personal, for the purposes of the association; to adopt, make, have and alter a common seal at pleasure; to appoint agents, both general and special, and to enact, ordain, establish and put in execution such by-laws, rules and regulations as shall be necessary and proper and convenient for the government of said association, and for carrying into effect the object and purposes of the same, not inconsistent with the laws of this State and of the United States. Corporators. Name. Object. General powers. Sec. II. Said association shall be managed and controlled by a board of fifteen directors, a majority of whom shall constitute a quorum, who shall be elected by the corporators, and at the first

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election of said board of directors, three shall be elected to serve for the period of one year, three to serve for two years, three to serve for three years, three to serve for four years and three to serve for five years. Thereafter, at a time to be fixed by said board of directors, three shall be elected annually to serve for the full term of five years. Such directors so to be elected annually shall, after the first election by the corporators, be elected by the members of the board then in office, and whose terms have not expired by limitation. Said elections may be conducted under such rules and regulations as may be established by the corporators, or by the board of directors whom they elect. Directors. Election of. Terms. Sec. III The board of directors shall out of their number elect a president, who shall serve as such for the period of twelve months, or until a successor is appointed, and said board shall have power to fill any vacancy which may occur in the office of president by death, resignation or otherwise, or in the membership of their board by death, resignation or otherwise. They shall elect a secretary and treasurer to serve each for the period of twelve months, or until a successor is elected, and all the vacancies which may occur in the offices of secretary and treasurer, by death, resignation or otherwise, shall be filled by the board of directors. The same person may, in the discretion of said board, be elected to fill the offices of secretary and treasurer. President. Vacancies. Other officers. Sec. IV. The principal office and place of business of said association shall be in the city of Augusta, Richmond county, Georgia, at which place the annual meetings of the association shall be held at such times as may be prescribed by the laws. Principal office. Sec. V. No person shall be eligible for the office of director or any other office in said association who is not a member thereof. Eligibility to office. Sec. VI. The members of the corporation, besides the board of directors before mentioned, shall be all male persons who have contracted therewith for a policy of insurance, and shall pay all dues, assessments and demands made payable under the laws, rules and regulations of said corporation. Members' of corporation. Sec. VII. Upon the death of a member in good standing, and to whom the association is bound by the contract set forth in his policy of insurance or endowment certificate, the association shall in no event be required to pay to the beneficiaries of his contract of insurance or endowment more than the sum of two thousand dollars ($2,000), and in the event one assessment shall not realize the sum of two thousand dollars ($2,000), then said corporation shall be discharged from all liability to said beneficiaries or the estate of said deceased member by the payment, as aforesaid, of the amount of one assessment, whatever the same may be. Payments to beneficiaries. Sec. VIII. The amount due upon the decease of a member of the association shall, within ninety (90) days from notification of death, be paid to the person or persons entitled to the same and named in the benefit certificate, or to such person or persons (if none be so named) as such deceased member may designate by his last will

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and testament, and in all cases the same shall be paid to such person or persons as may be entitled thereto as aforesaid free from any debt, contract or liability of such decease member, and shall in no event or case be subject to any lien against him by judgment or otherwise. Time for payment of death loss. How paid. Sec. IX. If, in the course of its business, the said association shall, at the end of any year, accumulate any funds which have not been paid to members on endowments, then the same shall by the directors, in the manner to be fixed by them in the by-laws and such rules, laws and regulations as they may enact, be held as a reserve fund, and used in only two ways, either for the payment of the legitimate expenses of the association, if the amount of dues collected should not realize an amount sufficient for that purpose, or from the interest thereon when invested to keep up the assessments of those members who at any time may be unable to pay the same, and who would otherwise lapse, but to pay the same only to the extent of the interest of such delinquent member in the profit or accrued interest on said reserved fund, his interest bearing the same proportion to the amount that he bears to the whole number of members then in the association. In no event shall said fund be allowed to accumulate beyond the sum of one hundred thousand dollars, and in no event shall the right of such delinquent members be of force or entitle them to such appropriation till said accumulation shall amount to the sum of ten thousand dollars. Surplus funds. Limitation of. Sec. X. Said reserve fund shall not be invested in any other way than by the purchase, in the discretion of the board of directors, of bonds of the United States, bonds of the State of Georgia, bonds of the city of Augusta, and bonds of the city of Atlanta. Neither said fund nor its increase, nor the interest thereon, shall ever be divided among the members of said association, except in the manner before stated or in the event of the dissolution of the corporation by due process of law. Investment of reserve fund. Sec. XI. Be it enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 6, 1885. INCORPORATING THE SAVANNAH DREDGING COMPANY. No. 249. An Act to incorporate The Savannah Dredging Company, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That Jacob Paulsen, Elton A. Smith, William F. McCauley, Fanny N. Smith, Nicholas Paulsen, Anna M. D. Morgan and Fanny McCauley, and such other

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persons as they may associate with them, and their successors and assigns, be, and they are hereby constituted a body corporate and politic under the name and style of The Savannah Dredging Company, for the purpose of navigating, working and dredging in the waters of Georgia and elsewhere, and by that name and style may hold real and personal property; may contract and be contracted with; may sue and be sued, plead and be impleaded in all courts of law and equity, and may have and use a common seal, and all the powers, privileges and immunities necessary to such a corporation are hereby granted and conferred upon the same; that they may make all by-laws, rules and regulations necessary for the government of the same, and not inconsistent with the laws of the United States and of the State of Georgia; do all lawful acts incident to such a corporation, and determine the number of its directors and the time and mode of selecting them. Corporators. Name. Purpose. General powers. Sec. II. Be it further enacted , That the said company shall have the right, power and authority to acquire by purchase or otherwise, and to own, have, hold and maintain steam tugs, barges, lighters, flats, dredges, dredging machines, wash boats, washing machines and appliances, machinery, wharves, lands and other property, rights and privileges necessary and proper for the purposes of its incorporation, and may grant, bargain, sell and convey or lease the same at pleasure; that among its other powers it may make contracts for the dredging, digging, raising or removal of mud, earth or other material in the beds of rivers and streams and other waters; for the raising and removal of sunken vessels and wrecks; for the laying of jetties or other obstructions, or the removal of the same; for the widening, deepening or changing of the channels of water courses, and generally to use, navigate, operate, charter, hire out or lease its said property, or contract for the use and service of the same to other persons or corporations, and to appoint such officers and agents and employ such other persons as may be necessary or convenient to carry into effect the object of this incorporation. Property rights and special powers. Sec. III Be it further enacted , That the affairs of the company shall be managed by a board of directors, who shall elect a president from their number, said board to be elected by the stockholders at such time and for such term as they may by their by-laws determine; that each share of the stock shall entitle the holder thereof to one vote, which may be exercised, either in person or by proxy, by some person appointed and empowered in writing; and that the said board of directors so elected by said stockholders may appoint such officers and employ such hands and regulate their duties and compensation as to them may seem expedient for the interest of the company. Officers. Election of. Vote of stock-holders. Sec. IV. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, but may be increased from time to time by the stockholders of said company, as they may deem expedient or necessary, to such amount, not exceeding one hundred

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and fifty thousand dollars, as they may determine, which shall be divided into shares of one hundred dollars each. Capital stock. 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 October 6, 1885. INCORPORATING THE LOUISVILLE AND WADLEY TELEGRAPH COMPANY. No. 257. An Act to incorporate the Louisville and Wadley Telegraph Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That W. A. Hopkins, James C. Little, G. H. Howell, Louis R. Farmer and T. T. Warr, of the county of Jefferson, together with such other persons as may hereafter be associated with them, be, and they are hereby made a body corporate in law under the corporate name and style of the Louisville and Wadley Telegraph Company, for the purpose of erecting and maintaining an electro-magnetic telegraph, and transmitting intelligence by means thereof, between Louisville and Wadley, in said county, by such route between said places as may to said company seem most feasable, and by said name and style to have power and authority to sue and be sued; plead and be impleaded; answer and be answered to in any court of law or equity having jurisdiction thereof in this State; to make and use a common seal and the same to alter or renew at pleasure; to purchase and hold such real and personal property as the purposes of such corporation may require, and the same to sell, alien and convey or otherwise dispose of, as may be found needful; to appoint such officers and agents as may be necessary for the management of the affairs of said company, and to make such by laws as are not incompatible with this charter and the constitution and laws of this State. Corporators. Name. Purpose. Route. General powers. Sec. II. That the capital stock of said company shall be one thousand dollars, but this company shall have the power to commence business when forty per cent. of said stock is paid in, and certificates shall be issued to the share-holders for the amount of stock they may respectively hold therein, and the shares of said company shall be fixed at ten dollars each. Capital stock. Sec. III. That for the better ordering and managing said company, five directors shall be elected from the share-holders annually at such time and place as the said company may fix by its by-laws, each share-holder being entitled to one vote for each share owned by him or her; the directors shall elect one of their number president, and shall be empowered to elect or appoint such other officers as they may deem necessary. Directors. Vote of stockholders Officers.

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Sec. IV. The president and directors shall have power and authority to contract with any person or persons, or bodies corporate, for the purpose of connecting its line with any other line or lines, and said company shall have power to extend its line from either Louisville or Wadley, to such other point or points in said State as it may deem profitable, not to interfere with privileges heretofore granted to others. Power of officers. Extensions of line. Sec. V. That said company shall have power to set up their fixtures upon any road or roads without the same being held or deemed a public nuisance or subject to be interfered with by any private person or persons; Provided , that such fixtures shall be so constructed as not to interfere with the customary travel of vehicles over any of said roads. Right to set up fixtures, etc. 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 October 6, 1885. AMENDING CHARTER MACON GAS LIGHT AND WATER COMPANY. No. 377. An Act to amend the charter of the Macon Gas Light and Water Campany so as to allow them to manufacture, use and sell electricity, and to make it a felony to contaminate the water supply of said company, or to place or throw anything in the water rendering it impure or polluted; to prescribe a penalty therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the charter heretofore granted to the Macon Gas Light and Water Company be amended as follows: The said Macon Gas Light and Water Company shall have full power and authority to manufacture, use, sell, furnish and charge for electricity for the purpose of light and power throughout the territory wherein they are now allowed by their charter to furnish gas or water, and to that end and for that purpose to construct, maintain and use all buildings, machinery, poles, wires and any other things appertaining thereto that may be requisite and necessary for fully carrying out the power herein conferred. Power to use, furnish and charge for electricity. To construct necessary buildings, machinery, etc. Sec. II. Be it further enacted , That said charter be further amended as follows: From and after the passage of this Act, any person who shall willfully contaminate in any manner the water supply of said company at its source, in any one of its reservoirs or cisterns or elsewhere, or shall throw or place in such water any substance, the effect of which may be to pollute or render impure such water, shall

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be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for any time not less than one year nor longer than five years, in the discretion of the court. Contamination of water supply. Penalty. Sec. III. Be it further enacted , That all laws in conflict with this Act be hereby repealed. Approved October 13, 1885.

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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.EDUCATION, PRIVATE. Title IX.REGISTRATION. Title X.MISCELLANEOUS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Amending charter of Griffin. Amending charter of Atlanta. Construction of sewers and drains in Savannah, etc. Authorizing Mayor, etc., McDonough to issue certain bonds. Amending charter of Cochran. Amending charter of Cochran. Incorporating town of Frazier. Incorporating town of Alpharetta. Amending charter of Macon. Charter of town of Watkinsville. Sinking fund of the city of Augusta. Sinking fund of the city of Atlanta. Eligibility of Marshal of Atlanta for re election. Incorporating town of Du Pont. Amending charter of Palmetto. Public School System for Palmetto. Issuance of bonds by town of Cochran. Incorporating town of Gracewood. Incorporating town of Harmony Grove. Amending charter of Clarkesville. Amending charter of West End. Incorporating town of Sharon. Public Schools for Griffln. Amending charter of Thomasville. Amending charter of Thomasville. Amending charter of Thomasville. Amending charter of Forsyth. Tax assessors for Newnan. Amending charter of Covington. Incorporating town of Jug Tavern. New charter for Wrightsville. Amending charter of Sandersville. Amending charter of Summerville. Amending charter of Eastman.

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Amending charter of Thomasville. Amending Public School Act for Sandersville. Amending charter of Canton. Amending charter of Dallas. Extending corporate limits of Macon. Incorporating town of Austell. Improvement of streets in Savannah. Water supply of Atlanta. Registration of voters in Bainbridge. Extending limits of Atlanta, etc. Amending charter of Jefferson. Incorporating town of Waco. Amending charter of Lafayette. Amending charter of Atlanta. Revisory and veto power of Mayor of Atlanta. Incorporating town of Elizabeth. Extending limits of Rome and repealing charter of DeSoto. Amending charter of Dalton. Amending charter of Forsyth. Amending charter of DeSoto. Amending charter of Atlanta. Amending charter of Waynesboro. Granting certain privileges to Savannah Cotton Exchange, with consent of municipal authorities. Changing name of town of Ward. Amending charter of Chipley. License and business taxes in Macon, etc. Enlarging corporate limits of Albany. Changing name of Indian Spring. Amending charter of Rome. Amending charter of Quitman. Incorporating the town of Roopville. Amending charter of Washington. Incorporating town of Norwood. Amending charters of Lithonia and Woodbury. Incorporating town of Gordon. Amending charter of Gainesville. Amending charter of Waycross. Amending charter of Buford. Amending charter of Thomaston. Incorporating town of Tallulah Falls. Amending charter of Marietta. Incorporating town of Spring Place. Amending charter of Vernonburg. Enlarging powers of Board of Health of Macon. Re-incorporating town of Cumming. Collection of costs of sewers, paving, etc., in Atlanta. Amending charter of McDonough. Amending charter of Maysville.

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AMENDING CHARTER OF GRIFFIN. No. 1. An Act to amend the charter of the city of Griffin, approved February 15th, 1876, so as to abolish the office of marshal; to create the office of chief of police, and to confer upon said officer the powers heretofore exercised by the marshal. 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 so much of the Act, approved February 15th, 1876, amending the charter of the city of Griffin, as relates to the creation of the office of marshal, be, and the same is hereby repealed. Abolishing office of marshal. Sec. II. Be it further enacted , That the mayor and council of the city of Griffin, shall annually elect from the regular policemen of said city a chief of police; said chief of police, besides performing the duties of a regular policeman, shall have and exercise all the powers and perform all the duties conferred on the marshal by said Act. Providing for chief of police. His duties. Sec. III. Be it further enacted , That said chief of police shall be required to give bond in the same manner that said marshal was required to do, and that said chief of police shall receive a salary of not more than forty-five dollars per month. Bond. Salary. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with the same be, and they are hereby repealed. Approved December 2, 1884. AMENDING CHARTER OF ATLANTA. No. 2. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to increase the number of aldermen of the city of Atlanta from three to five, and provide for the selection of a mayor pro tem . Section I. Be it enacted by the General Assembly of the State of Georgia , That the number of aldermen at large for the city of Atlanta shall be increased to five, and that there shall be elected at the next annual election three aldermen for the city at large, one of whom shall be elected to fill the term expiring in December, 1884, as is now provided by law, and two others to fill terms created by this Act. Number of aldermen increased. Election of.

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Sec. II. Be it further enacted , That the two persons receiving the highest number of votes at said election for aldermen at large shall be elected for three years each, and the one receiving the next highest number shall be elected for two years, and that all subsequent elections, except to fill vacancies, each person elected alderman at large shall be elected for three years and shall be ineligible for the succeeding term. Terms. Sec. III. Be it further enacted , That the general council shall, at the second meeting in January of each year, determine by viva voce vote which alderman shall be mayor pro tem. for that year. Mayor pro tem. 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 2, 1884. CONSTRUCTION OF SEWERS AND DRAINS IN SAVANNAH, ETC. No. 7. An Act to authorize the mayor and aldermen of the city of Savannah to lay down and construct in the streets and lanes of the city of Savannah such sewers and 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 and drains may be laid under this Act the cost of such improvement, and to authorize the said mayor and aldermen of the city of Savannah to lay down, build, extend or construct any of the sewers or drains of the said city, either those laid down in pursuance of this Act or now existing, to such point or points beyond the corporate limits of said city, by means of pipes, sewers or canals, as they may deem best, so as to connect with tide water, and to authorize the taking of private property for a right-of-way for this purpose under restrictions herein contained. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the 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-draining, 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. System of drains Application of owners of property. Assessment of cost.

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Sec. II. And it is further enacted by 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 purposes of cross drains or main trunk outlets for the discharge of the overflow from said primary drains, they shall be so used, but if the said mayor and aldermen shall find that it is inexpedient or inadvisable to use said existing sewers, or any portion of them, as cross drains or main trunk outlets for the discharge of the overflow from said primary drains, whether because of their location, grade, structure or want of adaptation to 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 from said primary drains, or from 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 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. Use of existing sewers. New sewers. Primary and cross drains. Apportion ment of cost. 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 conctructed 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 2 of this Act. Ratio. Proviso. Sec. IV. And it is further enacted by authority of the same , That whenever 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 these sanitary provisions are perfected,

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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. Sec. V. And it is further enacted by authority of the same , That wherever the owners of the lots abutting any street or lane, or portion thereof, have previously constructed at their own expenses primary drains of sufficient capacity for the purpose of house-drainage, and desire to have such drains received as a part of the general system where their location, grade, structure and capacity are in harmony therewith, or to have them re-laid 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. Previously constructed primary drains. 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 to 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 of appeal to said mayor and aldermen against the execution of said intended work; and said mayor and aldermen, 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 final decision as to whether for the time being such drain shall be laid and constructed or not. Notice of intended work. Appeals. Hearing. Decision. Sec. VII. And it is further enacted by 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. Ts to be supplied. No fees for connection. Sec. VIII. And it is 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. Repairs. Sec. IX. And it is further enacted by authority of the same , That the said the mayor and aldermen of the city of Savannah be, and they

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are hereby further authorized and empowered to build, lay down or extend any of the sewers of said city, either those laid down in pursuance of this Act, or any now existing in said city, to such point or points beyond the corporate limits of said city as they shall deem best, so as to connect with any canal or canals leading thence to tide-water in order to secure a proper outlet for the accumulated outflow from said system of drainage, and for that purpose to take and use as a right-of-way for said sewer or sewers any land, not exceeding thirty feet in width, between the limits of said city from which such extension or extensions shall begin and the point or points where it or they shall enter into said canal or canals; Provided , that before such land shall be so taken and used, the owner or owners thereof shall be notified in writing of the amount and location of the land which it is desired to use, and if such owner or owners and said mayor and aldermen cannot or do not agree at once upon the terms and conditions upon which such land shall be taken as a right-of-way as aforesaid, the mayor of said city shall appoint an assessor, and the owner or owners of such land shall appoint another, and the two so appointed shall appoint a third, or if they cannot or do not agree upon a third within five days of being notified of their election, then the Ordinary of Chatham county shall appoint such third assessor, and if the owner or owners of such land does or do not appoint an assessor as aforesaid within five days after he or they is or are so notified as aforesaid, the said Ordinary shall appoint two assessors, and the three assessors so appointed by any of the foregoing methods shall determine and assess the amount of money to be paid by said city for such right-of-way through the tract of land for which they are appointed, and the decision of any two of such assessors shall be final and binding on the parties, except that in all cases there may be an appeal by either party to the Superior Court of Chatham county under the usual rules governing appeals to that court, and the decision rendered in said court shall describe the land as a right-of-way, and shall fix the amount of money to be paid for the same, and upon the payment of the sum so awarded by the said mayor and aldermen, the said payment shall convey an easement in said land so awarded to the said the mayor and aldermen of the city of Savannah, which shall continue so long as said land shall be used by the said city for the purpose of said sewer or sewers and no longer. Extensions beyond corporate limits. Right of way. Notice. Disputed right of way. Appeals. Sec. X. And it is further enacted by authority of the same , That whenever any such drain or drains shall have been fully completed as provided for in section four of this Act, and the said mayor and aldermen shall have given notice to the owner or owners of the lots abutting along its or their line or lines, requiring him or them to abolish the privies and dry wells on or attached to his or their said premises tributary to said so completed drain or drains, a failure or neglect of the said owner or owners to comply with the requirements of said notice within thirty days after the service thereof shall subject such owner or owners to all the penalties prescribed

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by law for creating or maintaining nuisances; Provided , that such notice or requirement may be served on the agent of such owner or owners as may be non-resident or absent. Penalties. Sec. XI. And it is further enacted by authority of the same , That upon the completion of any such drain and its acceptance by the city, the pro rata assessments 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, and if any owner or owners of any such abutting and 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 the 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 upon 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. Collection of assessments. Sec. XII. And it is 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 12, 1884. AUTHORIZING THE MAYOR, ETC., OF McDONOUGH TO ISSUE CERTAIN BONDS. No. 8. An Act to authorize the mayor and council of McDonough, in the county of Henry, to issue and sell bonds to the amount of three thousand dollars, and appropriate the proceeds to educational purposes, and to levy and collect a tax upon the taxable property within the corporate limits of said town of McDonough to pay said bonds. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the mayor and council of McDonough, in the county of Henry, be, and they are hereby authorized to issue bonds, not to exceed in the aggregate three thousand dollars, of the denomination of twenty-five dollars each, to become due and payable at such time or times within ten

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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 town of McDonough. Amount. Time of payment. Interest. Sec. II. Be it further enacted by the authority aforesaid , That said mayor and council shall assess and levy and collect annually a sufficient tax upon the taxable property within the corporate limits of said town of McDonough to pay said bonds, principal and interest, as they shall become due, which said tax shall be separately levied 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 town of McDonough as a sinking fund for the payment of the principal of the said eight per cent. bonds of the town of McDonough herein authorized to be issued, and to be managed and disbursed by said mayor and council as they think best and direct. Tax for payment. Use of funds. Sec. III. Be it further enacted , That said bonds shall be signed by the mayor and clerk of council of McDonough, and be sold or negotiated in such manner as said mayor and council may determine for the best interests of said town. Signing of bonds. Sale of. Sec. IV. Be it further enacted by the authority aforesaid , That when said bonds shall have been issued and sold or disposed of, said mayor and council shall turn over to the trustees of McDonough high school the proceeds, to be by said trustees applied to the construction, building and completion of an academy for McDonough high school as said trustees shall direct. Disposition of proceeds of bonds. 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 McDonough 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 McDonough at least thirty days before holding such elections. Vote of citizens. 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, 1884.

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AMENDING CHARTER OF COCHRAN. No. 14. An Act to amend the charter of the town of Cochran, in Pulaski county, in relation to the receiving of taxes in said town, 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 town of Cochran, in Pulaski county, be so amended as to authorize the mayor and council of said town, at their first meeting in each municipal year, or as soon thereafter as practicable, to appoint three discreet freeholders, citizens of said town, as a board of tax assessors, who shall hold their office for one year and until their successors are elected and qualified. Vacancies 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 town council. Tax assessors. Term. Vacancies. 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 town 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 town of Cochran 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 town each year after the same shall have been completed by the town tax receiver or town clerk, and to carefully assess and fix a true valuation on all the taxable property of said town 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 town, 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. Duties. Appeal. Compensation. 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. Ordinances to carry this Act into effect. 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 18, 1884.

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AMENDING CHARTER OF COCHRAN. No. 15. An Act to alter and amend section 19 of the present charter of the town of Cochran, in Pulaski county, so as to change the ages of those subject to street duty from sixteen to forty-five to from sixteen to fifty. Section I. Be it enacted by the General Assembly of the State of Georgia , That the nineteenth (19th) section of the Act, approved December 4th, 1880, altering and amending the Acts incorporating the town of Cochran, be amended by striking out after the words age of in the second line of said section, forty-five, and inserting in lieu thereof the word fifty, so that said section shall read, when amended, that all males over the age of sixteen, and under the age of fifty, who have resided in said town ten days, shall be subject to work the streets of said town according to the road laws now in force in this State, or to be taxed therefor, as the council may determine, as a commutation for such duty, not to exceed three dollars, as a street tax; such persons shall not be liable to road duty out of said town. Age of those subject to street 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 December 18, 1884. INCORPORATING TOWN OF FRAZIER. No. 16. An Act to incorporate the town of Frazier, in the county of Pulaski; to confer certain powers, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Frazier, in the county of Pulaski, be, and the same is hereby incorporated as a town under the name of the town of Frazier. Name. Sec. II. Be it further enacted , That the municipal government of the town of Frazier 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 Frazier, and by that name and style shall have perpetual succession, and shall by 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

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the use and benefit of said town of Frazier, 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. Municipal officers. Name of corporation. General corporate powers. Sec III. Be it further enacted , That the corporate limits of the town of Frazier shall be all of the territory within the following lines, to wit: To start from the intersection of the East Tennessee, Virginia and Georgia Railroad and the north boundary line of Dodge county, and run from thence south one half mile, thence west five-eighths of one mile, thence north one mile, thence east five-eighths of a mile, thence south back to said intersection of said railroad and said Dodge county line. Corporate limits. Sec. IV. 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 second Saturday in January, 1885, and on the same day in each January thereafter, and that said mayor and aldermen shall hold their office 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 for three (3) months previous to said election, shall be entitled to vote for said mayor and aldermen; Provided , that no person who is not a resident citizen within said corporation shall be eligible to the office of mayor or alderman in said town. Election of officers. Sec. V. Be it further enacted , That if for any cause the election provided for in the preceding section be not held on said second Saturday in January in any year, such election may be held on the second 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 election. Sec. VI. Be it further enacted , That before entering on the discharge of their duties as such, the mayor and council 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 alderman) of the town of Frazier according to the best of my ability. So help me God. Oath of officers. Sec. VII. 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 r quire of them such bonds for the faithful discharge of their duties as they may deem necessary and proper. Subordinate officers. Sec. VIII. Be it further enacted , That said mayor and council shall have power to pass and make all ordinances, by-laws, rules and

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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 and of the United States. Ordinances, by-laws, etc. Sec. IX. Be it further enacted , That said mayor and council shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, real or personal, subject to State tax within said corporation; 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 they may receive in lieu thereof such commutation fee as may be by said mayor and council prescribed, and which shall be used only in working and improving the streets, alleys and sidewalks of said town. Tax Street work. Sec. X. Be it further enacted , That the said mayor and council shall have the power to assess and collect such a business or license tax as they may see fit and proper on all kinds of business, trades, professions and occupations conducted within said corporation; also on all shows, exhibitions and performances, on all billiard, pool or bagatelle tables, and on all other establishments in said town for amusement and gain; Provided , they shall not have power to license any one to sell spirituous or malt or fermented liquors in said town until after such peason or persons shall have complied with any local option law which may be in vogue in the county. License tax. Liquor license. Sec. XI. Be it further enacted , That said mayor and council 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 exceed fifty dollars, and such imprisonment or work shall not exceed thirty days. Punishment, etc., of violators of town ordinances. Sec. XII. Be it further enacted , That it shall be the duty of said mayor and council, at their first meeting in each year, to elect 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. XIII. Be it further enacted , That should the office of mayor or alderman 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 five of this Act. Vacancies in office. Sec. XIV. Be it further enacted , That such mayor and council 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. Power as to streets, etc. Sec. XV. 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

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mayor pro tem . and levied by the marshal of said town 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, except that any personal property sold under such executions may be sold in said town, and that in case an illegality or claim is interposed to any of such levies, the same shall be returned with all the papers to the Justice's Court at the district in which said town is situated, when the matter is within Justice Court jurisdiction, otherwise to the Superior Court of Pulaski county. Collection of moneys due. Marshal's sales. Sec. XVI. 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, 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 the amount on hand. Record of council proceedings. Sec. XVII. Be it further enacted , That the mayor and council of said town shall not have the right or authority to assess and levy any tax on any field or woodland in said town, not laid off into town lots, which exceeds one acre, except not more than one acre immediately around any dwelling or business house that may be situated on such field or woodland. Exemptions from taxes. 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 December 18, 1884. INCORPORATING THE TOWN OF ALPHARETTA. No. 17. An Act to incorporate the town of Alpharetta, in the county of Milton, and appoint commissioners and other officers for said town; to define their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the town of Alpharetta, in the county of Milton, be, and the same is hereby declared to be incorporated under the name and style of the town of Alpharetta, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized under this Act. Name. General corporate powers. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend one half a mile in all directions from the court-house situated in said town. Corporate limits.

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Sec. III. Be it further enacted by the authority aforesaid , That the officers of said town shall be a board of commissioners of said town, who shall annually at their first meeting elect from their body a president of said board, and also a treasurer and clerk, who may be one and the same individual. They shall also have the power at the same time to elect a marshal of said town, who shall be selected from among the citizens of said town, and shall have the power and authority to execute and enforce all warrants, executions and other processes issued by order of said board or the president thereof; that said board shall consist of five members and be elected annually on the first Monday in January in each year, and shall hold their office until their successors are elected and qualified, and said clerk, treasurer and marshal shall in like manner hold their offices for the same length of time. Officers. Powers of marshal. Election and term of officers. Sec. IV. Be it further enacted by the authority aforesaid , That said board of commissioners shall have power to make and prescribe all ordinances necessary for the government of said town, not in conflict with the constitution and laws of this State, and it shall be their duty to supervise the working of the streets and sidewalks of said town, and for a failure to work said streets, as prescribed by the general laws of this State, they shall be liable to be punished in the same manner that road commissioners are liable to be punished in this State. Ordinances. Working of streets. Sec. V. Be it further enacted by the authority aforesaid , That the president of said board shall be, and he is hereby constituted a court for the enforcement of the ordinances of said town made for the government and the preservation of the morals thereof, and as such shall have power to inflict such punishments as may be prescribed by the ordinances of said board; Provided , that no person shall be liable to a fine of more than ten dollars, and to imprisonment for more than ten days under the same. Power of president of board. Sec. VI. Be it further enacted by the authority aforesaid , That said president of said board shall have the power to issue a warrant for any offense committed within the corporate limits of said town, and in the event said offense is a violation of any of the criminal laws of this State, he shall have all the powers of a court of inquiry, and it shall be his duty to bind the offender over for his appearance at the next term of the Superior Court for said county to answer said offense, or commit him to the common jail of said county, and the jailor of said county is hereby required to receive and keep all such offenders as required by law. Issue of warrants. As court of inquiry. Sec. VII. Be it further enacted by the authority aforesaid , That said board of commissioners shall have the power to levy a capitation tax of not more than two dollars on every person within the corporate limits of said town, who is subject to road duty under the general laws of this State, which shall be in lieu of street duty; Provided , that such person shall have the right to discharge said tax in labor on said streets on such terms and in such manner as may be

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prescribed by said board, which tax shall be expended in the working and improvement of the streets of said town. They shall also have the power to levy such tax, not exceeding one-tenth of one per cent., as they may deem necessary, on all the property, both real and personal, situated in said town, which may be used for the improvement of the streets and sidewalks of said town. They shall also have the power to levy a tax, not exceeding twenty-five dollars annually, on each retailer of spirituous liquors, owner of a billiard table, ten-pin alley, or other table of like character, situated in said town, and which may be used for profit. They shall also have power to levy a tax, not to exceed twenty-five dollars, on all shows exhibited in said town. They shall also have power to levy an annual tax, not to exceed five dollars, on all peddlers, drummers or other persons selling goods by sample in said town. Taxes. Property tax. Specific taxes. Sec. VIII. Be it further enacted by the authority aforesaid , That said board of commissioners shall have the power, through their clerk, to issue an execution for all the taxes named and authorized in this Act, which shall constitute a lien on the property of the person against whom the same is issued, and may be levied and enforced by the marshal of said town by levy and sale of said property under such rules and regulations as may be prescribed by said board. Executions for taxes. Sales under. Sec. IX. Be it further enacted by the authority aforesaid , That Isaac Treadwell, A. S. Norman, E. V. McCollum, F. F. Chandler and W. W. Watkins be commissioners, and they are hereby constituted and appointed as the board of commissioners of said town, who shall hold their offices till the first Monday in January, 1885, and till their successors are elected and qualified. First board of commissioners. Sec. X. Be it further enacted by the authority aforesaid , That all persons within the corporate limits of said town, who by law are authorized to vote for members of the General Assembly of this State, shall be authorized to vote for the board of commissioners of said town in said election thereof, and that all such persons shall be competent to hold said office. Said election shall be held by not less than two and not more than three freeholders of said town, who shall have power to declare the result of the same. Qualifications of voters and officers. Sec. XI. Be it further enacted by the authority aforesaid , That the following shall be the oath which shall be taken by the members of said board, and which shall be taken upon their entrance upon the duties of said office: I do solemnly swear that I will justly and uprightly demean myself as a member of the board of commissioners of the town of Alpharetta, so help me God, which oath they must take and subscribe in the presence of each other, and which shall be entered upon the minutes of said board. Oath of office. Sec. XII. Be it further enacted by the authority aforesaid , That said board may by election fill all vacancies on said board caused by death, resignation or otherwise. Vacancies. Sec. XIII. Be it further enacted by the authority aforesaid , That said board shall have power and authority to remove all obstructions in the streets and sidewalks of said town, to open all streets and alleys

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in the same which have been closed up, and to make the same of the same width they were originally fixed by the Inferior Court of the county and by which they were laid off and surveyed. Obstructions to streets, etc. Sec. XIV. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 18, 1884. AMENDING CHARTER OF MACON. No. 20. An Act to amend the charter of the city of Macon so as to authorize the mayor and council of said city to erect a market-house for public purposes on a portion of any one of the streets of said city, or in their discretion to sell and convey absolutely or conditionally to any person a portion of any such street for said purpose; to provide for the lease of said market house after its erection, and for its ultimate purchase by said mayor and council, and for other purposes. Section. I. Be it enacted by the General Assembly of the State of Georgia , That the charter of the city of Macon is hereby amended so as to authorize the mayor and council of said city, in their discretion, to sell or otherwise convey absolutely or conditionally to any person a portion of any one of the streets of said city for the purpose of having erected thereon a building to be known as a public market-house, of such a design as may be approved of by said mayor and council, which said building shall not exceed in cost the sum of twenty thousand dollars. Public market house authorized. Design and cost. Sec. II. Be it further enacted , That after said market house shall have been erected and the title to the same shall have been vested in the person so building it, the said mayor and council may lease from the owners thereof the same for a term of not more than twenty years at an annual rental of not exceeding eight per cent. of the actual cost of said building; that at the expiration of said term the said mayor and council may, by the payment of the original cost of said building, reserve the right to purchase the same, or they may, in their discretion, enter into a further lease of said market-house, if the interest of the city may be promoted thereby. Lease thereof. Rental. Purchase thereof. Sec. III. Be it further enacted , That the said mayor and council shall have full power to adopt regulations for the government of said market; shall prescribe fees for the sale of such articles as may be carried thereto; may demand and require rent of stalls, stands and other portion of said building and the grounds contiguous thereto; may pass such ordinances respecting the hours when such market shall be kept open, and provide penalties for violation of same as said mayor and council may deem proper. All income

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arising from such fees, rents and fines imposed as above set forth shall be daily paid by the person authorized to receive them, or whenever the same are collected, to the city treasurer, whose duty it shall be to keep in a book separate from all others the amount so collected. The money arising from this source shall not be appropriated in any other way whatever than to the payment of the current expenses of said market, clerk hire and any other expense incident thereto, repairs, insurance and rent due under the lease. All balances in the hands of said treasurer shall be invested in such securities as the said mayor and council may direct. They may sell the same for the purposes of re-investment, in their discretion, which securities and money balances shall be kept alone, separate and distinct from other securities and funds belonging to said city, and for the purpose of ultimately paying for said market building at the expiration of said lease. The city treasurer shall make a monthly statement to said mayor and council of the receipts and disbursements arising from said market. Regulations of. Fees. Rents. Hours. Disposition of income. Report of treasurer. Sec. IV. Be it further enacted , That after the contract, as is set forth in preceding sections of this Act, shall have been made between said mayor and council and the person building said markethouse, the same shall be held to be inviolate between said contracting parties; the question of submitting for adoption the foregoing provisions of this Act as to the lease of said market house after its erection, having been adopted by the qualified voters of said city at an election held on the 10th day of January, 1884, for such purpose, it shall not be necessary again to submit any question under this Act to the people of said city at an election, but it shall be the duty of the mayor and council aforesaid to carry out the provisions as are herein prescribed. Inviola bility of contract. Not to be again submitted to the people. 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 18, 1884. CHARTER OF TOWN OF WATKINSVILLE. No. 22. An Act to consolidate, amend and supersede the Acts incorporating the town of Watkinsville, in the county of Oconee; to provide for mayor and councilmen, define their duties, repeal conflicting laws, etc. 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 Watkinsville, 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: New eharter.

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Section I. Be it enacted, etc. , That the municipal government of the town of Watkinsville shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of mayor and councilmen of the town of Watkinsville, and by that name and style shall have perpetual succession, and shall by said name be capable to sue and be sued in any court of law or equity in said State, plead and be impleaded, and do all other acts relating to their corporate capacity. Town government. General corporate powers. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one-half mile equidistant in every direction from the court-house in said town, but the corporate limits of said town may, however, be extended to one mile in every direction from the court-house by submitting the question of extension to the legal voters of said town; a notice of an election for this purpose shall be given by the mayor whenever ordered by the council to do so for thirty days, at which election if a majority of the legal voters of said town shall vote for extension, then the limits shall be extended; Provided , that said election shall not occur oftener than once in each year. Corporate limits. Extension. 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 third Wednesday in December, 1884, and on the third Wednesday in December in each year thereafter, for mayor and five councilmen, whose term of office shall commence on the first Monday in January thereafter, and continue for one year and until their successors are elected and qualified, and should there fail to be an election held at the time above specified from any cause whatever, the mayor of said town shall order an election held by posting a notice in three public places for ten days before said election; the polls at all elections in said town shall be opened at 9 o'clock a. m. and closed at three p. m. Election of officers. Failure to elect. Sec. IV. Be it further enacted , That all elections in said town 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 for members of the General Assembly of this Stcte; if the superintendents 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 this State; that you have attained the age of twenty one years; that you have resided one year prior to this election in the State of Georgia, and for the last six months within the corporate limits of the town of Watkinsville, and have paid all taxes legally required of you by said town. So help you God. Regulations for election. Oath of voter. 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

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to such persons as received the highest number of votes polled. The certificate to be issued by said superintendents may be in form as follows: Result of election. Certificates. The undersigned superintendents of an election, held the day of 18, in the town of Watkinsville, Oconee county, and State of Georgia, for mayor and five councilmen, do certify that A. B. received the highest number of votes polled for mayor, and we therefore declare him mayor of said town for one year from the first Monday in January next, and until his successor is elected and qualified. This day of 18. Deputants. A like certificate shall be issued to each of the councilmen. Sec. VI. Be it further enacted , That in case of a vacancy from any cause in the council, the mayor of said town shall order an election to fill said vacancy after posting a notice of said election for ten days, and in case of a vacancy in the office of mayor, the mayor pro tem . shall in like manner order an election to fill said vacancy. Vacancies. Sec. VII. 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 Watkinsville 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 officers. Sec. VIII. Be it further enacted , That the mayor of said town shall, by virtue of his office, be also clerk and treasurer of the council of said town, and shall at the first meeting of the council give bond and security for the faithful discharge of his duties as clerk and treasurer; said bond shall be made payable to the council of said town and their successors in office, which bond shall be accepted only by a majority of said council. Said bond shall be in the custody of the mayor pro tem . after the same shall have been recorded in the minutes, and any proceeding on said bond shall be commenced by the mayor pro tem. , unless the proceedings are commenced after said mayor has gone out of office, in which case his successor may commence proceedings on said bond. The proceedings commenced against the mayor by the mayor pro tem . (or mayor) shall be had before the council, and if they shall find, after a thorough investigation, that the said mayor has not accounted for all moneys coming into his hands as clerk or treasurer, or has otherwise failed to discharge his duties, they shall issue execution against said mayor and his bondsmen for whatever amount he may be behind, from which an appeal may be had to the Superior Court. Duties of mayor. Bond. Proceedings against. Sec. IX. Be it further 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,

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bonds, notes, drafts, bills of exchange, receipts, vouchers and any and all other documents in their keeping and control, and any violation of this section shall subject the delinquent party to a fine of not more than one hundred dollars, which shall be enforced by the incoming mayor and councilmen, and in addition to this fine, the delinquent party, by proper process, shall be required to surrender and deliver up whatever money, books, papers or documents he may have belonging to said town. Duty of outgoing administration. Penalty. Sec. X. Be it further enacted , That said mayor and councilmen shall hold their first meeting on the first Monday in January, 1885, and on the first Monday in each month thereafter at the council chamber, or such other place in said town as the mayor shall designate and require; the time for the meetings of mayor and councilmen may be changed to such other day as the council shall direct, provided they meet at least once a month. Meeting of mayor and council. Sec. XI. Be it further enacted , That at the first meeting of the mayor and councilmen, they shall elect a mayor pro tem . from among the councilmen, whose duties shall be the same as mayor, whenever from any cause the mayor is not present, or is sick and unable to attend. They shall also elect a marshal for said town, define his powers and duties, fix his salary, which shall not be increased during his term of office, which shall be twelve months, and until his successor shall be appointed and qualified, require him to give a bond in such amount as they may deem proper, and require him to take an oath for the faithful performance of his duties. The mayor and councilmen shall have power to remove or suspend any officer elected by them for any dereliction of duty or unbecoming conduct in office. The mayor shall have power to appoint extra police on special occasions whenever he shall deem it necessary for the protection of said town. Mayor pro tem. Marshal. Bond. Oath. Removal or suspension of officers. Police. Sec. XII. Be it further enacted , That the mayor and councilmen shall have sole and exclusive right to regulate the sale of whisky in said town, to grant licenses to sell by wholesale or retail all spirituous, vinous, malt or intoxicating liquors within the limits of said town, to fix the rate and amount of such licenses and the terms and conditions upon which they shall issue, and to declare said licenses void when said terms and conditions are not complied with, and to punish any such person who may violate the same. Sale whisky. Sec. XIII. Be it further enacted , That the said mayor and councilmen 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 interest of said town of Watkinsville 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 the State of Georgia. All ordinances, rules and regulations heretofore adopted in said town, and now in force, shall continue in operation until the same are repealed,

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amended or modified by said mayor and councilmen, provided the same are not in conflict with this Act. Ordinances, etc. Sec. XIV. Be it further enacted , That so much of the law contained in part I, title VII, chapter 1, of the Revised Code of Georgia, not in conflict with this Act, shall be, and the same are hereby made applicable to the government of the town of Watkinsville. General provisions of law adopted. Sec. XV. 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 this Act be, and the same are hereby repealed. Approved December 18, 1884. SINKING FUND OF CITY OF AUGUSTA. No. 23. An Act to amend an Act entitled an Act to confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed the tenth day of March, A. D eighteen hundred and seventy-seven, as amended by the ordinance passed the sixth day of August, A. D. eighteen hundred and seventy-seven, 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 an Act to confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed the tenth day of March, A. D. 1877, as amended by the ordinance passed the sixth day of August, A. D. eighteen hundred and seventy-seven, and for other purposes, approved August 27th, 1879, be amended as to section second of said Act, so that the same shall read as follows, viz.: The city council of Augusta shall not repeal said ordinance, as amended as aforesaid, until the expiration of fifteen years, as provided in the first section of said amended ordinance; Provided , however, that the city council may at any time amend said ordinance, passed August the sixth, eighteen hundred and seventy-seven, by striking therefrom section fifth, and by providing for the cancellation and destruction of all the bonds now owned and held by the commissioners of the sinking fund of the city of Augusta, and for the cancellation and destruction of all bonds hereafter purchased by said commissioners. Ordinance creating sinking fund, etc., not to be repealed in fifteen 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 December 18, 1884.

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SINKING FUND OF CITY OF ATLANTA. No. 28. 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 repeal section six of the Act, approved August 22, 1879, which said section provides that the mayor and general council for 1885 and for each succeeding year are required to have in cash in the city treasury when the year expires, and to turn over in cash to their immediate successors one-half of the total receipts of the city for the year, and so as to provide that said mayor and general council shall from the receipts from tax on real estate for the years 1885, 1886, 1887 and 1888, set apart in cash in each of said years, and turn over to their successors in office the sum of twenty five thousand dollars, which said several amounts will, at the end of said time, together with the fund heretofore created by said Act, amounting, on the first of January, 1885, to one hundred and forty five thousand dollars, aggregate the entire sum of two hundred and forty-five thousand dollars, which said sum of two hundred and forty-five thousand dollars shall be turned over in cash to each succeeding mayor and general council continuously, for the purpose of paying the semi-annual interest due January first of each year, and the current expenses of the city government from January first to June first of each year. 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 six of the above-recited Act, approved August 22, 1879, be, and the same is hereby repealed, and that in lieu of said section, it is enacted that the mayor and general council of said city shall, from the receipts from tax on real estate for the years 1885, 1886, 1887 and 1888, set apart in cash in each of said years, and turn over to their successors in office the sum of twenty-five thousand dollars, which said several sums will, at the end of said time, together with the fund heretofore created by said Act, amounting, on the first of January, 1885, to one hundred and forty-five thousand dollars, aggregate the entire sum of two hundred and forty-five thousand dollars, which said sum of two hundred and forty-five thousand dollars shall be turned over in cash to each succeeding mayor and general council continuously, for the purpose of paying the semi annual interest due January first of each year and the current expenses of the city government from January first to June first of each year. Cash from tax receipts to be set apart. To be turned over to succeeding councils. Sec. II. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, the mayor and general council of the city of Atlanta for the year 1885 shall have power and authority

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to borrow the sum of fifty thousand dollars, and the mayor and general council for the year 1886 have the power and authority to borrow the sum of twenty-five thousand dollars, each of said sums to be repaid out of the income of said city for each of said years before the expiration of the year in which the same is borrowed, and that said city of Atlanta, including all its departments, shall be prohibited from borrowing any money after said year 1886. Money to be borrowed for 1885. And for 1886. How repaid. Prohibition after 1886. 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 18, 1884. ELIGIBILITY OF MARSHAL OF ATLANTA FOR RE-ELECTION. No. 29. 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 provide that the marshal of said city shall be eligible for re election. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the above-recited Act be, and the same is hereby amended by striking out in the one hundred and thirty-eighth section of said Act, in the seventeenth line of said section, the words and shall be ineligible for the succeeding term, so that said section when so amended shall read as follows: There shall be elected by the mayor and general council, at the same time the clerk is elected, a marshal, who shall be elected and hold his office as provided in the twentieth section of this Act, on the subject of elections by the mayor and general council, unless removed for cause, to be judged of by the mayor and general council. He shall be separate and distinct from the police force of the city. It shall be his duty to collect or levy fi. fas. for taxes and fi. fas. for fines, and advertise and sell property so levied on, and make titles to purchasers and put them in possession of the property so sold at sales under laws governing the said mayor and general council, under the same rules and regulations that govern the Sheriff and deputies at Sheriff's sales. He shall give bond to said city, with good security, for the faithful discharge of his duties, and shall have such compensation and perquisites as the general 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 general council shall prescribe by ordinance. Marshal eligible for re-election. Sec II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 18, 1884.

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INCORPORATING TOWN OF DuPONT. No. 39. An Act to incorporate the town of DuPont, in the county of Clinch, 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 following shall be the charter of the town of DuPont, in the county of Clinch: Charter. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one half mile each way from the depot of the S., F. W. Railroad in said town. Corporate limits. Sec. III. Be it further enacted , That the government of said town shall be vested in a mayor and five councilmen, who shall have resided in said town thirty or more days previous to the election. Officers. Sec. IV. Be it further enacted , That J. P. A. DuPont be, and he is hereby appointed mayor, and B. J. Sirmans, Peter Herviant, Jacob Lightsey, senior, Jacob Moody, senior, and Willis B. Gibbs are hereby appointed councilmen of said town of DuPont, said Mayor and councilmen to hold their office until the first annual election, as hereinafter provided, and until their successors are duly elected and qualified. First government Term. Sec. V. Be it further enacted , That on the first Saturday in January. 1885, 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 the term of one year, and until their successors are duly elected and qualified, but no one shall vote for or be eligible to the office of mayor or councilman of said town who is not qualified to vote for members of the General Assembly of this State; said elections 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. Elections. Sec. VI. Be it further enacted , That before entering upon the discharge of their duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the town of DuPont according to the best of my ability. So help me God. Oath of Officers. Sec. VII. Be it further enacted , That said mayor and council shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the good government of said town; Provided , they be not repugnant to the constitution and laws of this State and of the United States. Ordinances, etc.

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Sec. VIII. Be it further enacted , That said mayor and council shall have power and authority to levy and collect a tax of not exceeding three-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within the corporate limits of said town, who are subject to road duty, to work on the streets of said town, or they may prescribe a commutation tax in lieu of work on the streets. Power of officers. Tax. Street work. Sec. IX. Be it further enacted , That the said mayor and council shall have power and authority to regulate the sale of spirituous, malt and intoxicating liquors in said town; to grant licenses and to fix the fees for the same when granted, and to impose penalties upon persons selling such liquors without license. Sale of liquors. Sec. X. Be it further enacted , That said mayor, and if from any cause he fail to act, any three of the said councilmen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons proven guilty of such violation by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days. Trial, etc, of offenders. Sec. XI. Be it further enacted , That said mayor and councilmen be, and they are hereby vested with power to prescribe such rules for the collection of taxes, fines and all other moneys due to said corporation, and for the enforcement of all other powers herein given them, as in their judgment may seem proper. Collection of moneys due. 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 20 1884. AMENDING CHARTER OF PALMETTO. No. 45. An Act to amend the several Acts incorporating the town of Palmetto, in Campbell and Coweta counties, so as to extend the corporate limits to two miles from the depot of the Atlanta and West Point Railroad in said town, to provide for taxation therein, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the several Acts incorporating the town of Palmetto, in Campbell and Coweta counties, be so amended that the corporate limits of said town shall extend a distance of two miles in every direction from the depot of the Atlanta and West Point Railroad in said town. Corporate limits.

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Sec. II. Be it further enacted by the authority aforesaid , That the mayor pro tem. of said town shall have power to try all cases in the absence of the mayor. Mayor pro tem. Sec. III. Be it further enacted by the power aforesaid , That from and after the passage of this Act, it shall be lawful for the mayor, or mayor pro tem. , or any three of the town councilmen of said town, to prescribe in lieu of any fine imposed under its charter, and as an equivalent for such fine, that the person or persons subject to such fine shall be required to work on the public streets of said town, but the term during which such labor is to be performed shall in no case extend longer than twenty days. Street work by offenders. Sec. IV. Be it enacted by authority aforesaid , That the mayor and town council of said town shall have full power and authority to make such assessments and levy such vocation tax on the inhabitants of said town who transact, or offer to transact, business therein, and on such persons as live without the limits, but who transact, or attempt to transact, business within the limits of the same, as said mayor and council may deem expedient. Vocation tax. Sec. V. Be it further enacted by the authority aforesaid , That no property over one-half mile from the Atlanta and West Point Railroad depot, in said town, shall be subject to any municipal tax, except the special school tax, and no person living further than one-half mile from said depot shall be allowed to vote in any municipal election except the school election. Property tax. 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 20, 1884. PUBLIC SCHOOL SYSTEM FOR PALMETTO. No. 46. An Act to authorize the town of Palmetto, Campbell and Coweta counties, to organize a public school system independent of the public school system of this State, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the town of Palmetto, in the counties of Campbell and Coweta, be, and are hereby authorized to organize a public school system independent of the public school system of this State; that said organization shall draw its pro rata share of all educational funds raised by this State, and that the chief executive officers of such organization shall make the same regular reports to the State School Commissioner as are required from the county school commissioners of the public school system of this State. Organization authorized. May draw share of educational fund. Reports.

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Sec. II. Be it further enacted by the authority aforesaid , That W. W. Floyd, John T. Beckman, Thomas J. Bullard, William M. Walthall, Levi Ballard, H. L. Johnson, J. A. Johnson, Owen H. Cochran and Dr. W. S. Zellars be, and they are hereby appointed commissioners of said system of schools, and they and their successors shall constitute a board of education for said town of Palmetto, and shall have power and authority to fill all vacancies which may occur in their body by death, resignation, removal from said town or otherwise. School commissioners. Vacancies. Sec. III. Be it further enacted by the authority aforesaid , That said board shall supervise and regulate said school system and render the same efficient. Said board shall receive all moneys drawn from the educational funds of this State, and all funds raised by taxation in said town, and other moneys as hereinafter provided for, and shall disburse the same to the maintenance of said school system by providing houses, by rent or purchase, and furniture, and for the payment of the legitimate expenses of same exclusively. Power and duties of board. Sec. IV. Be it further enacted by the authority aforesaid , That the mayor and council of said town of Palmetto are hereby empowered to and shall annually levy and collect a tax on all real estate and personal property within said district taxable by law, not to exceed one-half of one per cent. for any one year, and shall pay over the money thus raised to said board of commissioners for the purposes aforesaid, and shall not appropriate such money to any other purposes whatever. Property tax. Sec. V. Be it further enacted by the authority aforesaid , That the board of education of said town be, and they are hereby authorized and required to provide separate schools for the white and colored children of said town, and said schools shall be kept open for not less than six nor longer than ten scholastic months in each year, and all children who are bona fide residents of said town, between the ages of six and eighteen years of age, shall be entitled to the benefits thereof, and said board of education may levy an entrance fee on each scholar as they see proper, but not to exceed two dollars per head per annum, and may also provide for the admission of children residing out of said town, or students and pupils not within the foregoing ages, upon the payment of a reasonable rate of tuition to be prescribed by said board of education. Separate schools. Pupils. Entrance fees. Sec. VI. Be it further enacted by the authority aforesaid , That said board shall have control and management of all schools in said district and shall establish such school or schools as they see proper, prescribe the different grades thereof and the branches to be taught therein, and appoint teachers and fix the compensation, and to make such by-laws, rules and regulations as they may see proper for their own government or the government of teachers and pupils of said school not contrary to the laws of this State. Control of schools by board. Sec. VII. Be it further enacted by the authority aforesaid , That an election shall be called by the mayor and council of Palmetto by giving ten days' notice of the same, and all the qualified voters of

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said school district may vote in said election, and those in favor of said public school shall have marked on their tickets, For public school, those opposed shall mark on their tickets. Against public school, and after all the votes shall have been fairly counted by the mayor and council of Palmetto, if it should appear that two-thirds of all votes cast should be in favor of public school then this law shall be in full force and effect, but if otherwise, then this law shall be null and void. Elections. Sec. VIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 20, 1884. ISSUANCE OF BONDS FOR TOWN OF COCHRAN. No. 66. An Act to authorize the mayor and council of the town of Cochran, in Pulaski county, to issue and sell bonds to the amount of seven thousand dollars, or to such an amount thereof as may be deemed necessary by said mayor and council, for the purpose of erecting and equipping public school buildings in said town, and completing a system of water-works in said town, and to authorize the said mayor and council 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 General Assembly of the State of Georgia , That the mayor and council of the town of Cochran, in Pulaski county, be, and they are hereby authorized to issue bonds, not to exceed in the aggregate seven 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 town of Cochran. Bonds. Amount. Time of payment. Interest. Proviso. Sec. II. Be it further enacted , That said mayor and council shall assess and levy and collect annually a sufficient tax upon the taxable property within the corporate limits of said town of Cochran to pay said bonds, principal and interest, as they shall become due, which said tax shall be separately assessed, levied and 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 eight per cent. bonds issued under this Act when matured, and in the coupons

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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 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 town of Cochran as a sinking fund for the payment of the principal of said eight per cent. bonds of the town of Cochran herein authorized to be issued and to be managed and disbursed by said mayor and council as they think best and may direct. Tax to pay. Payment of bonds, etc. Sinking fund. Sec. III. Be it further enacted , That said bonds shall be signed by the mayor and clerk of council of the town of Cochran, and be sold or negotiated in such manner as said mayor and council may determine for the best interest of said town. Signing and sale of bonds. Sec. IV. Be it further enacted , That when said bonds have been issued and sold or disposed of, said mayor and council shall set apart and reserve such part of the proceeds of said bonds as they may determine upon, not exceeding two thousand dollars, which sum so set apart and reserved by said mayor and council shall be used for the purpose of completing a system of water-works in said town, such as laying water mains, building cisterns, and, if necessary, completing an artesian well. System of water works. Sec. V. Be it further enacted , That when said bonds are issued and sold or disposed of, and after the sum provided for in the preceding section shall have been set apart for the purposes therein mentioned, provided the mayor and council shall see proper to set apart said sum for said purposes, said mayor and council shall turn over to P. L. Peacock, A. E. Choote, J. L. Overby, Edward Pipkin and W. B. Watts, as a board of trustees of Cochran high school, who are hereby authorized to act as such, and to fill all vacancies occurring in said board, with power to appoint their own successors, to appoint subordinate officers usually appointed by such boards, and to make such rules, regulations and by-laws for the government of said board as they may find necessary, all of the proceeds of the sale of said bonds not disposed of as aforesaid, which sum shall be used by said board of trustees for the purpose of building and equipping suitable school buildings in said town for the white and colored children of said town. School buildings Sec. VI. Be it further enacted , That the foregoing bill shall not take effect until the same shall have been submitted to a vote of the qualified voters of the town of Cochran, and approved by a two-thirds vote of the persons so qualified to vote at such election, which election shall be under an order of said mayor and council, and shall be advertised for thirty days immediately preceding such election at the city hall door in said town, and in any newspaper published in the county of Pulaski. Election on this Act.

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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 24, 1884. INCORPORATING TOWN OF GRACEWOOD. No. 77. An Act to incorporate the town of Gracewood, in Richmond county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Gracewood, in Richmond county, with corporate limits extending one mile in all directions from the southeast corner of the land known as Richmond Camp Ground, embraced in said town, be, and is hereby incorporated for the promotion of the health, education, morals, business and municipal privileges of the inhabitants, and that Clement A. Evans, Theodore O. Brown, Charles G. Goodrich, Josiah Miller, J. P. Bondurant, William J. Deas, William F. Eve, and their successors, freeholders, are hereby made a body corporate under the name of the council of Gracewood, to remain in office until the first Saturday in August, 1885, and until their successors are elected and installed. Corporate limits. Corporators. Name. Term of officers. Sec. II. Be it further enacted by the authority of the same , That the council at Gracewood, and their successors in office, shall have power to make and enforce all laws, rules and regulations proper to promote the health, education, morals and good government of said town, not in conflict with the constitution and laws of this State, to elect all necessary officers, to levy taxes not exceeding the amount of State tax. No taxes shall be levied on any property used for educational or religious purposes. Power of officers. Sec. III. Be it further enacted by the authority aforesaid , That on the first Saturday in August, 1885, and annually thereafter, an election shall be held for five councilmen, conducted by three freeholders, inhabitants of said town at the time and appointed by the existing council, and all persons who are entitled to vote for members of the General Assembly, and have been inhabitants ten days in said town, shall be entitled to vote at said election, and the five persons receiving a plurality of votes cast shall, together with the trustees of Richmond Camp Ground and their successors, constitute the council of Gracewood, with powers aforesaid. Annual election. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884.

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INCORPORATING TOWN OF HARMONY GROVE. No. 80. An Act to incorporate the town of Harmony Grove, in the county of Jackson, define its limits, provide for officers to govern it, prescribe their duties, prohibit the sale of intoxicating liquors therein, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the authority of the same . That from and after the passage of this Act. the town of Harmony Grove, in the county of Jackson, shall be a body corporate, with the corporate limits of said town to be as follows: Commencing at the depot in said town and extending one mile each way therefrom along the line of the Northeastern Railroad, and on the east side of said railroad, the corporate limits is one-half mile from said railroad track and parallel thereto; the western limit of said town is to be four hundred yards from said railroad track and parallel thereto. Corporate limits. Sec. II. 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 Wednesday of every January thereafter, all citizens residing within said incorporate limits, who shall be entitled to vote for members of the Legislature of said State, shall be entitled to vote for mayor and four members of the town council, and that any person or persons legally entitled to vote at said election shall be eligible either for the office of mayor or member of council, at which election one Justice of the Peace shall preside, together with two freeholders, neither of whom being a candidate, and the person receiving the highest number of votes shall be duly elected; that the managers of said election 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 council in a book to be kept for that purpose, which record shall be held and esteemed as the highest evidence of said election. Election of officers. Sec. III. And be it further enacted by the authority aforesaid , That no person shall be entitled to vote at such election except he be duly qualified to vote for members of the Legislature of the State of Georgia as aforesaid, and shall be citizens residing within the corporate limits of said town. Any person voting at said election contrary to the provisions of this section shall be guilty of misdemeanor, and on indictment and conviction thereof shall be punished as prescribed in section 4310 of Code, 1882. Qualifications of voters. Penalty. Sec. IV. And be it further enacted by the authority aforesaid , That the mayor and members of town council shall hold their offices until their successors are elected and qualified, and in the event that the office of mayor, or any one or more of the town council, shall become vacant by death, resignation, removal or otherwise, that the mayor,

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or in case his seat be vacant, a majority of the members of the town council, shall order a new election by giving at least ten days' notice in some one or more of the town papers, or at two or more of the most public places in the town, and said election shall be held or managed in the same manner as the elections to be held in chief according to the provisions in the second section of this Act. Terms of office. Vacancies. Sec. V. Be it further enacted by the authority aforesaid , That mayor and members of the town council, as before mentioned, shall be known as the mayor and town council of the town of Harmony Grove, and by such, their corporate name, shall sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall have and use a 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 Harmony Grove, 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, and to sell, alien, exchange or release the same, or any part of 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 streets of said town, to open, improve or lay out the same respecting public buildings, work houses, market-houses, public houses, carriages, wagons, carts, drays, pumps, wells, springs, fire engines, care of the poor, suppression of disorderly houses, and every by law, regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of the said town, or for preserving the peace, health, moral order and good government of the same. Name of corporation. General powers. By-laws, etc. Sec. VI. And be it further enacted by the authority aforesaid , That mayor and members of the town council shall, at their first annual meeting after their election, proceed to elect by ballot a marshal, clerk and treasurer, who shall remain in office till their successors are elected and qualified (unless removed), and the salaries of the marshal, clerk and treasurer shall be fixed by the council at their first regular meeting each year. Subordinate officers. Sec. VII. And be it further enacted by the authority aforesaid , That as soon as convenient after the election, the mayor, members of council-elect and before they enter upon the discharge of their official duties, the mayor shall, before a Judge of the Superior Court, Ordinary or acting Justice of the Peace, take and subscribe the following oath: I, A. B., do solemnly swear that I will, to the extent of my ability, discharge the duties of mayor for the town of Harmony Grove during my continuance in office. So help me God. And the mayor, after having been so qualified as aforesaid, shall have full power and authority to administer said oath to each member of council, and to every other officer of said town Oath of mayor. Of other officers. Sec. VIII. And be it further enacted by the authority aforesaid , That in case the mayor, or any member of the town council, while in office, shall be guilty of any willful neglect, malpractice in or abuse

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of said office, he or they shall be liable to be indicted before the Superior Court of the county of Jackson, and on conviction thereof shall be fined in a sum not exceeding fifty dollars for each and every oflense, and shall moreover be removed from office, which fines shall be paid over to the town treasurer for the use of the town. Failure to discharge duty. 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, and a majority of the votes shall determine all questions and elections before the council, the mayor to give the casting vote in case of a tie, and the mayor and each member of council shall be, to all intents and purposes, a Justice of the Peace so far as to enable him or any of them to issue warrants for offenses committed within the limits of said town, which warrant shall be executed by the marshal or deputy marshal, and to commit to the jail of Jackson county, or admit to bail offenders for their appearance before the next Superior Court thereafter for the county of Jackson, to await his, her or their trial, and it shall be the duty of the jailor of said county to keep the same until discharged by due course of law. Quorum of council. Warrants, etc. Sec. X. And be it further enacted by the authority aforesaid , That the expenditures of the mayor and council and the compensation of the town officers shall be paid out of the town funds by order drawn by the clerk of council upon the town treasurer and countersigned by the mayor, or in his absence by the president pro tempore of the council, and the marshal, clerk and treasurer shall give bond and security to the mayor and council of the town of Harmony Grove, in a sum each to be fixed by the mayor and council for the faithful performance of their duties. Town expenditures Sec. XI. And be it further enacted by the authority aforesaid , That said mayor and council of the town of Harmony Grove shall have power and authority to call out every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to do road duty and street duty according to the laws now in force in this State, or the said mayor and council shall have power to levy and collect a tax for the purpose of having the roads and streets kept in good order, which shall be a commutation for road duty. Street work. Street tax. Sec. XII. And be it enacted by the same , That mayor and town council shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and being of the town, 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. They shall have power to make such contract as they may deem necessary for the welfare of said town, to levy a tax, not exceeding the State tax, on all persons, professions and property within the limits of said town of whatever kind, whether real or personal, which is subject to taxation by the laws of the State, which tax shall be received and collected by the clerk of the council of said town, who shall,

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previous to entering upon the duties of his office, give a bond and security to the mayor and council in the sum not exceeding five hundred dollars for the faithful performance of the duties of his office, who shall receive for his services as tax receiver and collector such sums as may be fixed and set apart by the mayor and council for such services, which taxes shall be collected at such time and in such manner as the mayor and council in their by laws or ordinances shall direct, and the clerk of council shall pay over to the treasurer the taxes so collected by him for and on account of the town on or before the first day of the month next succeeding the collections so made. The mayor and council shall empower the marshal and deputy marshal to remove or abate all nuisances within the limits of the town and require him to prosecute before the Superior Court all offenders against the statute laws of the State, and for this purpose the marshal or deputy marshal 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, whose duty it shall be, upon such report being given to him under oath, to issue a warrant or warrants and bind over such offenders to appear before the proper tribunal to answer such charge. Ordinances, by-laws, etc. Special powers of mayor and council Sec. XIII. And be it further enacted by the same , That in all cases where any person or persons have property subject to taxation within the corporate limits of the same shall fail, refuse or neglect to pay the taxes imposed according to this Act, the clerk of the town council shall issue executions for the same, which executions shall be signed by the said clerk, and bear test 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 defendants, or so much thereof as shall be sufficient to satisfy the demand and costs, which executions shall bind all the property of the defendant from the date thereof, and the costs 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 laws or ordinances of said town shall or may decide. Collection of taxes. Sec. XIV. And be it further enacted by the authority of the same , That the mayor, or in his absence any three members of the town council, shall have full power and authority 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. Municipal court. Sec. XV. And be it enacted by the same authority , 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 in the streets or public works within the town, or by confinement in the calaboose, in the discretion of the mayor. Enforcement of fines. Sec. XVI. And be it further enacted by the authority aforesaid , That the mayor, clerk of council and marshal shall receive for their services

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respectively such sums per annum as may be fixed by the council, and all salaries to be paid to the officers of said corporation, together with expenditures made for the use of the town, shall be paid out of the funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all sums of money received, and from whom, and also shall make an entry of all sums paid out, and for what purposes, and shall take receipts for all sums of money paid out, which book and receipts shall be subject to the inspection of the mayor, or any member of the council, at any time which he or they may think proper, and all sums of money paid into the hands of the town treasurer by this Act shall, and it is hereby directed to be a fund for the aforesaid town. Salaries. Treasurer's books. Sec. XVII. And be it further enacted by the authority aforesaid , That the said mayor and town council shall have no power to license persons to retail and sell by retail spirituous liquors within said town, and that no person or persons shall sell by retail any spirituous liquors within said corporation, and no person or persons have or keep for the purpose of playing, or gaming, or renting any billiard or pool table, and no ten-pin alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, within the corporate limits of this town. Sale of liquors. Sec. XVIII. And be it enacted by the same authority , That the mayor and town council shall have power and authority to levy and collect a tax, not exceeding fifty dollars, for each exhibition from all itinerant show masters who may exhibit in said town, and shows, circus-riding, tumbling, sleight-of hand, tricks of legerdemain or any other kind whatever coming under this description. Show tax. Sec. XIX. And be it further enacted by the authority aforesaid , That said mayor and council shall have power and authority to license a vendue master or vendue masters for said town, such vendue master or masters first paying to the mayor and council, in the manner prescribed by the laws of this State regulating vendors, a sum not less than twenty-five dollars each for said license, and giving bond and security to the mayor and council; and if any person or persons shall sell any goods, wares, merchandise, or any other property whatsoever as a vendue master, or at auction, or at public outcry within said town without first having obtained a license from the mayor and town council, he or they shall forfeit and pay for every such sale a sum not exceeding one hundred dollars, to be recovered in any court of competent jurisdiction, and to be applied one-half to the use of the said town and the other half to the person giving information; Provided always , that nothing in this section shall be so construed as to extend to any sales made by lawful officers, under executions issued from the proper authority, or to sales made by or under the authority of executors, administrators or guardians, or to prohibit resident citizens of said town from vending at auction their own property therein. Vendue masters. Sec. XX. And be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to authorities of said

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town to assess or require a tax upon any portion of the property belonging to the Northeastern Railroad, which is or may be within the limits of said town. Exemption from tax of Northeastern Railroad. Sec. XXI. And be it further enacted by the same authority , That all laws and parts of laws militating against this Act be, and the same are hereby repealed, except local laws in regard to the sale of intoxicating liquors heretofore passed in regard to said town of Harmony Grove, approved February 26th and March 2d, 1875. Local laws as to liquors preserved. Approved December 24, 1884. AMENDING CHARTER OF CLARKESVILLE. No. 82. An Act to amend the charter of the town of Clarkesville, in Habersham; to prescribe the qualifications of the members of council; to regulate the manner of taxing property therein; to prevent councilmen in said town from contracting with each other, or appointing each other to any subordinate position under said town government, and for other purposes therein named. Section I. The General Assembly of the State of Georgia do enact as follows: That the various Acts incorporating the town of Clarkesville, in Habersham county, be, and the same are hereby amended by adding to the charter of said town the following provisions: No person shall be elected to or hold the office of councilman or member of council in said town who is not a bona fide resident of said town. No tax for the benefit of said town shall be levied upon real estate in said town, unless the qualified voters therein shall, by a majority vote at an election to be held for that purpose in said town, at such time as the mayor and council may order and direct, approve and ratify the assessment of such tax. The per cent. proposed to be levied shall be specified in said order, and each voter shall indorse upon his ticket, Tax or No tax; Provided, however , that if, at any future time, the said mayor and council shall refuse license to sell distilled spirits in said town, or the sale of the same be prohibited by law, and no revenue derived therefrom, then a tax of not more than one-fourth of one per cent. on real estate may be levied by said mayor and council, annually, so long as no revenue is derived from whisky license, and without a vote of the people of the town as hereinbefore provided. Qualifications for councilman. How tax to be levied on realty. Proviso. No member of the said town council shall be appointed by the mayor and council to any subordinate position under the government of said town, such as marshal, tax assessor, street committee, or any like position, nor shall any member of the said council hold or be concerned in any contract under the government of said town, or be paid for any work or labor done or services rendered in any subordinate

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position, or for any material furnished for any purpose for the benefit of said town, and any councilman holding or exercising the duties of any such subordinate position, or receiving or demanding pay for any services rendered in such position, or receiving pay for work done or material furnished, or making or being concerned in any contract with said mayor and council, or either, shall be guilty of a misdemeanor, and upon indictment and conviction shall be punished as prescribed in section 4310 of the Code of Georgia, 1882. Councilmen disqualified or other offices. Or to contract with municipality, etc. Penalty. Sec. II. All laws and parts of laws conflicting with this Act are hereby repealed. Approved December 24, 1884. AMENDING CHARTER OF WEST END. No. 85. 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 authorize the right of eminent domain; to fix the grades of streets and side walks and grade the same; to extend the corporate limits for certain purposes; increase the charter powers generally, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the Act to incorporate the town of West End, in the county of Fulton, approved October 10, 1868, and the amendments thereof, be amended by adding to the same the following sections: That the mayor and council of West End shall have full power to open or lay out new streets, or widen, straighten or otherwise change any of the streets and alleys in said town. Whenever they shall exercise this power, they shall appoint two freeholders, and the owner or owners of the lots fronting on such streets or alleys or through which the new streets run, shall, on five days' notice, select two freeholders, and the four shall assess the damages sustained or the benefits derived by such owner or owners in consequence of opening, widening, straightening or otherwise changing such streets or alleys, and in case said four freeholders cannot agree, they shall select a fifth freeholder to act with them. Said freeholders shall be residents of said town, and shall take an oath to faithfully discharge their duties, and shall file their award with the clerk of council, and either party thereto shall have the right to enter an appeal therefrom to the Superior Court of Fulton county within ten days from the rendition of said award against the owner or owners of said lots in the same manner as taxes are collected by execution, and shall pay any award against them, not appealed from, before using the street so opened or changed. Eminent domain. Method of exercise. Appeal.

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Sec. II Be it further enacted , That said mayor and council shall have full authority to establish and carry into effect such system of grading and draining the streets and sidewalks of said town and to order such pavements or sidewalks laid down as they may deem proper. Any one whose property is damaged more than it is benefited by grading any street or sidewalk may sue therefor should said mayor and council refuse to pay said damage. Upon failure of any property owner to lay down such pavements or sidewalks in front of his property, as may be ordered as aforesaid, within a reasonable time, said mayor and council may have the same done and levy and collect the expense thereof by execution against the owner or owners of such property. Grading and draining streets, etc Payment of damages. Sec. III. Be it further enacted , That for any violation of any of the laws or ordinances of West End now of force, or which may hereafter be lawfully passed, the offender on conviction may be punished by fine not exceeding one hundred dollars or by imprisonment not exceeding three months, or by labor on the public streets not exceeding three months, or by one or more of these penalties, as may be prescribed by the mayor or councilman trying the case. Punishment of offenders. Sec. IV. Be it further enacted , That as West End is at present unable to support a public or free school system, the said mayor and council shall have authority to appropriate from year to year such part, not to exceed seventy-five per cent. of the taxes derived from real estate, as they see proper towards the maintenance or support of such private schools in West End which give cheap tuition as they may select; Provided , that before the provisions of this section shall take effect, that it be submitted to a vote of the qualified electors of West End at an election for this purpose to be ordered by the corporate authorities of West End, under such rules and regulations as they may provide, and upon the adoption of the provisions of this section by such a majority as required by the constitution of this State, then said section shall be of full force and effect Support of private schools. Election by citizens. 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 24, 1884. INCORPORATING TOWN OF SHARON. No. 90. An Act to incorporate the town of Sharon, in the county of Teliaferro; to provide for the election of commissioners of said town, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the town of Sharon, in the county of Taliaferro, be, and the same is hereby incorporated, and

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that the corporate limits shall extend one-half of a mile in every direction from front of J. A. Kendrick's store, and that L. A. Moore, E. Croake, N. C. Edwards, J. H. Jones and R. T. Kendrick be, and they are hereby appointed a board of commissioners, who shall hold their term of office until the second Monday in February, (1885) eighteen hundred and eighty-five, and until their successors are elected and qualified. Limits. Board of commissioners. Term. Sec. II. And be it further enacted , That on each and every second Monday in February thereafter, all the citizens residing in the corporate limits of said town, who shall be entitled to vote for members 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 three or more prominent places in said town, 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 February. General elections. Failure to hold elections. Sec. III. And be it further enacted , That 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 Sharon to the best of our skill and power. So help us God. Oath of office. 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. Ordinances, 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. 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. Street work. Sec. VII. Be it further enacted , That the said board of commissioners of the said town of Sharon, by their corporate name, shall have power to sue and be sued, plead and be impleaded, and do all

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other acts relating to its corporate authority, and shall use and have a common seal, any law to the contrary notwithstanding. General corporate powers. 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 reapeled. Approved December 24, 1884. PUBLIC SCHOOLS FOR GRIFFIN. No. 94. An Act to amend the charter of the city of Griffin so as to authorize the mayor and council to establish a system of public schools, and to provide revenue for the support of the same, and for other purposes as in said Act mentioned. Section I. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities of the city of Griffin having so recommended), That the mayor and council of the city of Griffin are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one-fourth of one per cent, on the real and personal property of the city of Griffin, for the purpose of establishing and maintaining a system of public schools in said city; Provided , the money so raised by taxation shall be used only for school purposes as in this Act set forth. School tax. Sec. II. Be it enacted by the authority aforesaid , That before this Act shall take effect and be of force in said city of Griffin, the mayor and council shall order an election, giving at least twenty days' notice by publication in one of the newspapers published in said city to ascertain the will of the qualified voters under this Act, whether a system of public schools shall be established or not in said city. All persons voting at said election shall have written or printed on their ballots the words, For public schools, or Against public schools. Should the question be decided in favor of public schools by the necessary constitutional majority, it shall be the duty of the mayor and council so to declare, and proceed to levy and collect the tax provided for in section I of this Act; but should said question be decided against public schools, said mayor and council are authorized to order other elections upon the same question when as many as fifty legal voters shall by petition so request; Provided , twelve months shall elapse between said elections. Election to be held. Sec. III. Be it enacted by the authority aforesaid , That any election held under this Act shall be governed by the same rules and regulations as elections held for mayor and aldermen of the city of Griffin are conducted. Regulations for election. Sec. IV. Be it enacted by the authority aforesaid , That the mayor and council of the city of Griffin, so soon as this Act, by proper vote,

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shall be declared of force, shall elect a board of trustees to consist of nine members, three of whom shall be elected for two years, three for four years and three for six years. After said election by the mayor and council, all vacancies occurring in said board by expiration of term of office, or otherwise, shall be filled by nomination or election by remaining members of said board, subject to the approval of the mayor and council. All elections to fill vacancies caused by terms expiring of members after the said first election by the mayor and council shall be for six years. The members of said board of trustees shall be male citizens of Griffin, twenty-one years of age, and of good moral character. Board of trustees. Terms. Vacancies. Sec. V. Be it enacted by the authority aforesaid , That said board of trustees, when elected as provided for in section IV of this Act, shall have authority to establish, and from time to time modify, a system of public schools for the city of Griffin. Said board shall have authority to purchase and rent buildings, appurtenances and furniture for school purposes, to employ teachers, to suspend or discharge them for good causes, to prescribe the terms upon which students are to be received into said school, and to establish such rules, regulations and by laws as they may deem right and proper in maintaining a system of public schools in said city; Provided , said regulations are not inconsistent with the constitution and laws of this State; Provided further , that the money raised by this Act, or which said board may receive by authority of this Act, shall only be used in giving instruction in the English branches of an education. Said board of trustees shall have authority to provide for a course of instruction for students who desire to engage in studies other than those usually included in an English education; but students who may pursue such studies must pay such fees for tuition as said board may determine is proper, in addition to amounts paid under the system of public schools established by this Act. Authority of board. Sec. VI. Be it enacted by the authority aforesaid . That the officers of said board of trustees shall consist of a president, vice-president and secretary. The treasurer of the city of Griffiin shall be ex-officio treasurer of said board. Said officers, except the treasurer, shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of board. Election of. Sec. VII. Be it further enacted by the authority aforesaid , That so long as public schools are maintained in the city of Griffin, the school commissioner of the county of Spalding is hereby authorized and required to pay over to the treasurer of said board, for the use of public schools, under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to said city, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the constitution and laws of this State. Pro rata of county school fund. Sec. VIII. Be it further enacted by the authority aforesaid , That it shall be the duty of the mayor and council of the city of Griffin to levy

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and collect the taxes hereinbefore provided, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of said board for the support and maintenance of public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances of said city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said city authorities. Account to be kept of school fund. Collection of taxes. Sec. IX. Be it enacted by the authority aforesaid , That all children, whose parents, guardian or natural protector bona fide reside within the corporate limits of said city, shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardian or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper. Provided , all sums arising from these sources shall be used only for the purpose of maintaining said schools. Pupils. Sec. X. Be it enacted by the authority aforesaid , That said board of trustees shall provide separate schools in which the white and colored children must be taught; said board are authorized to receive all gifts and donations, and appropriate the same to the support and maintenance of public schools in said city. Separate schools. Sec. XI. Be it enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. AMENDING CHARTER OF THOMASVILLE. No. 100. An Act to amend an Act incorporating the town of Thomasville, Georgia, approved March 3d, 1874, by adding an additional section thereto, giving power and authority to the mayor and council of said town to compel all persons subject to road duty under the laws of this State, residents of said town, to work the streets or pay a commutation tax in lieu of such work. 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 incorporating the town of Thomasville, and to grant certain privileges to the same, etc., approved March the 3d, 1874, be, and the same is hereby amended by adding an additional section thereto, to be known as section 30, as follows: That the mayor and council of the town of Thomasville shall have full power and authority to compel all persons subject to road duty under the laws of this State to work the streets of said town for such time, not exceeding ten days in each year, or to pay such sum of money, not

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exceeding five dollars in any year, as commutation for said work and in lieu of work, as the said mayor and council may ordain, and the said mayor and council may make all ordinances necessary to carry this amendment into effect, and to punish by fines, not to exceed twenty dollars, or work on the public streets not over twenty days, any and all persons subject to road duty who refuse to work or pay. Thirty days' continuous residence in the town of Thomasville shall be sufficient to make any one a resident of the town, so as to subject him to liability to do street work. Street work. Commutation tax. Penalties. 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 24, 1884. AMENDING CHARTER OF THOMASVILLE. No. 101. An Act to amend Section XXI of an Act entitled an Act incorporating the town of Thomasville, and to grant certain privileges to the same, etc., approved March 3, 1874, by adding thereto certain words in regard to the manner of making returns of taxable property. 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 XXI of an Act entitled an Act incorporating the town of Thomasville, and to grant certain privileges to the same, etc., approved March 3, 1874, be, and it is hereby amended by adding after the word person, and before the word also, in the sixth line of said section, the following words: In such manner and upon such printed form or forms as the mayor and council by ordinance may prescribe, so that said section as amended will read as follows: Be it further enacted by the authority aforesaid , 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 council, or such other officer as the mayor and council may appoint for that purpose, of all of their taxable property held in their own right or the right of any other person, in such manner and upon such printed form or forms as the mayor and council may by ordinance prescribe; 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 laws regulating tax returns in the State; and in case any person shall make any return 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

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they may deem correct; and all taxes levied and 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 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 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. Returns of property for taxation. 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 24, 1884. AMENDING CHARTER OF THOMASVILLE. No. 102. An Act to amend an Act entitled an Act incorporating the town of Thomasville, etc., approved March 3d, 1874, by amending section 13 of said Act, so as to authorize the mayor and council of said town to widen and straighten any street or alley in said town. 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 13 of an Act incorporating the town of Thomasville, and to grant certain privileges to the same, etc., approved March 3d, 1874, be amended by adding after the word streets, in the third line of said section, and before the word and, the following words: and to widen and straighten, or widen or straighten, any street or alley already laid out, or in use in said town, so that said section when amended will read as follows: Be it further enacted by the authority aforesaid , That the mayor and council of the town of Thomasville shall have full power and authority to open, lay out and improve new streets, and to widen and straighten, or widen or straighten any street or alley already laid out or in use in said town, and that said mayor and council shall make proper compensation to the owner or owners of any property taken for public use, and upon any disagreement between said owner and the council as to the amount of compensation to be paid therefor, it shall be lawful for the said mayor and council to appoint one disinterested freeholder of Thomas county, and for the owner or owners to appoint another such freeholder, which two shall appoint a third, or in the event of a failure or refusal of the owners or owner to appoint one after ten days' notice from said mayor and

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council shall appoint three such freeholders, and it shall be the duty of such freeholders to make and return to the said mayor and council a just and impartial valuation of the damages done to said property, and their award shall be in writing, and signed by a majority of such appraisers, and shall be binding upon the parties; Provided , that if either of the parties be dissatisfied with such award, he, she or they may enter an appeal from such award within ten days after the same is made to the Superior Court of Thomas county. Power given as to widening or straightening streets. 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 24, 1884. AMENDING CHARTER OF FORSYTH. No. 103. An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5, 1875, and the Act or Acts amendatory thereof, so as to provide that the aldermen of said city shall hold their office for two years, and for the election of one-half of said board of aldermen annually, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same , That from and after the passage of this Act, the Act entitled an Act to consolidate, amend and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5, 1875, be amended by striking from the second section of said Act, the following: That on the first Wednesday in December next, and annually thereafter on the same day, there shall be an election for mayor and six aldermen of said city, and inserting in lieu thereof the following: That on the first Wednesday in December next, there shall be an election for mayor and six aldermen of said city, of whom the mayor and three aldermen shall be elected for one year and three aldermen for two years, the voters stating on their ballots the three aldermen chosen for one year and the three chosen for two years, and after said first election under this Act, on the same day annually, an election for mayor, who shall hold his office for one year, and the three aldermen whose terms expire that year, who shall hold their office for two years, so that said section when so amended shall read as follows: That on the first Wednesday in December next, there shall be an election for mayor and six aldermen of said city, of whom the mayor and three aldermen shall be elected for the term of one year, and three aldermen for the term of

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two years, the voters stating on their ballots the three aldermen chosen for one year and the three chosen for two years, and after said first election under this Act, on the same day annually, an election for mayor, who shall hold his office for one year, and the three aldermen whose terms expire that year, who shall hold their office for two years, at which elections all male citizens of said city, who shall have resided within the corporate limits of said city thirty days before the day of the election, and who may be entitled to vote for members of the General Assembly of the State, and who shall have worked upon the streets of said city 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 city, and all city 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 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 city, and who are not candidates, may act as managers, and shall conduct such elections, 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 the 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 imprisonment in the common jail of the county not exceeding six months. Elections for town officers. Terms. Sec. II. Be it further enacted , That the fourth section of said Act be amended by striking therefrom the following: The mayor and aldermen, and other officers provided for in this Act, shall hold their offices for one year from the first Monday in January succeeding their election and until their successors are elected and qualified, and inserting in lieu thereof the following: The mayor and officers of said city, provided for in this Act, except the aldermen, shall hold their offices for one year from the first Monday in January after their election and until their successors are elected and qualified, but the aldermen, except the three elected for one year at the first election after the passage of this Act, shall hold their office for two years from the first Monday in January after their election and until their successors are elected and qualified, so that said section as amended shall read as follows: 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..... for the city of Forsyth during my continuance in office. So help me God.' Any person authorized by law, or the acting mayor of said city, may administer

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said oath. The mayor and aldermen of said city, except the aldermen, shall hold their offices for one year from the first Monday in January after their election and until their successors are elected and qualified, but the aldermen, except the three elected for one year at the first election after the passage of this Act, shall hold their office for two years from the first Monday in January after their election 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 and malfeasance in office. Terms of office. Sec. III. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. TAX ASSESSORS FOR NEWNAN. No. 107. An Act to be entitled an Act to provide for the appointment of tax assessors for the city of Newnan. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the city of Newnan shall have authority to appoint each year three assessors whose duty it shall be to assess the value of the real estate in said city for the purposes of taxation by said city, and shall have authority to provide rules for their government. Tax assessors. Their duty. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with the provisions of this Act are hereby repealed. Approved December 24, 1884. AMENDING CHARTER OF COVINGTON. No. 111. An Act to amend an Act to incorporate the city of Covington, in the county of Newton; to define the corporate limits thereof, and for other purposes mentioned therein, approved February 17, 1854, so as to enlarge the powers of the corporate authorities of said city as to taxation and other like sources of revenue. 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

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council of said city of Covington shall have power and authority, in order to raise a revenue sufficient to meet the annual expenses, ordinary and contingent, of the city government, to levy an annual tax, not exceeding one per cent, on all property within the corporate limits of said city of whatever kind, real or personal, which is subject to taxation by the laws of said State, except upon lands used exclusively for agriculture, and cases where they now have power to impose license taxes, to fix and collect such license tax as they may see fit. Annual tax. Exemption. License tax. 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 24, 1884. INCORPORATING THE TOWN OF JUG TAVERN. No. 112. An Act to incorporate the town of Jug Tavern, and confer certain powers and privileges upon the mayor and council of said town, said town lying partly in the counties of Jackson, Walton and Gwinnett. 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 municipal government of the town of Jug Tavern 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 Jug Tavern, and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors for the use of the town of Jug Tavern any estate or estates, real or personal, of whatsoever kind or nature, and shall by the said name be capable to sue and be sued in any court of law or equity in this State. Officers. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one-half mile in every direction from the point in said town where the Gainesville, Jefferson and Southern Railroad crosses the Jefferson public road (or Broad street, as it is now called). Limits. Sec. III. Be it further enacted , That an election shall be held in the store-house of Stanton Kelly, in said town, on the first Wednesday in January of each year for a mayor, treasurer and four aldermen to serve for one year and until their successors are elected and qualified, and the polls of said election shall be opened at nine o'clock in the forenoon and closed at four o'clock in the afternoon; said election shall be held under the superintendence of one of the Justices of the Peace or Notary Public of one of the militia districts

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in which said town is situated, or either of them, and two freeholders chosen by them, or either of them, and each of said managers, before entering upon his duties, shall take an oath or affirmation before some Justice or Notary, that he will faithfully and impartially conduct said election, and prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubts as to the qualifications of any voter, they shall have power to administer the following oath: You, A. B., do solemnly swear that you have attained the age of twenty-one years, that you are a citizen of the United States, and have resided for the last thirty days within the limits of said corporation, and have paid all taxes legally imposed and demanded of you by the council or its authority. So held you God. And any person who shall take either of said oaths falsely shall be liable to indictment and punished as by section 4310 of the Code. Election for officers. Sec. IV. Be it further enacted , That the person or persons receiving the highest number of votes at said election for mayor, aldermen and treasurer, respectively, shall be declared duly elected. Result of election. Sec. V. Be it further enacted , That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the town, and shall have resided thirty days within the limits of the corporation, and no other persons shall be qualified to vote at any election for officers of said town. Qualification of electors. Sec. VI. Be it further enacted , That in case of a vacancy in any of the offices, an election, as prescribed in the preceding section, may be held after ten days' written notice is given by the person or persons highest in authority in said council, and the person or persons elected at an election to fill a vacancy shall hold till their successors are elected and qualified. Vacancies. Sec. VII. Be it further enacted , That two tally sheets shall be made out and certified by the managers, one to be turned over to the mayor and the other retained by them. The persons elected shall be notified of their election by the managers, and they shall, on the following Thursday next after the election (or so soon thereafter as may be practicable), take the oath of office before some person authorized to administer it, which shall be it writing and in the book of minutes of the council, which oath shall be as follows, to-wit: I, A. B., do solemnly swear (or affirm) that I will well and truly perform the duties of mayor or alderman of the town of Jug Tavern by adopting such measure as in my judgment be best calculated to promote the general welfare of the inhabitants of said town and not violative of the spirit and intent of its Act of incorporation. So help me God. They shall forthwith enter upon the discharge of their duties, and the treasurer shall be required to give bond with good sureties for the faithful performance of his duties, in an amount to be fixed by the mayor and council. Oath of office. Treasurer's Bond.

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Sec. VIII. Be it further enacted , That it shall be the duty of the treasurer to receive and deligently collect from all officers and others all town dues, to pay without delay, when in funds, all orders of the mayor and council according to their dates, and when in funds, or there is not enough to pay all outstanding debts, then all up to a certain date may be paid; when not enough for that, then they are to be paid ratably. He shall take a receipt for any moneys paid and file it away. He shall keep a well-bound book, in which he shall enter all moneys received, when received and from what source, and on what account. He shall also keep a record of his disbursements, showing amounts, dates when and to whom paid, and on what account. He shall make returns to the mayor and council, as they may require, and do such other acts as may be required of him by the mayor and council, by ordinance or otherwise, and for any willful violation of his duties as an upright treasurer, shall be removed from office by a majority of the council, and may be fined in a sum not less than five nor more than one hundred dollars; Provided , that such punishment shall not debar punishment through and by the courts when he is guilty of felony. Duty of treasurer. Removal from office. Other punishment. Sec. IX. Be it further enacted , That in case the mayor, or any member of the council while in office, shall be guilty of any willful neglect or malpractice or abuse of the power confided to him, he shall be cited by the clerk of council, by order of the mayor and council, to appear before the council at the next regular meeting thereafter and stand his trial; and if found guilty he shall be removed from office by a two-thirds vote of said council. Neglect of duty by officers. Sec. X. Be it further enacted , That no person shall be eligible as mayor or aldermen of said town, unless he be a citizen, not less than twenty-five years of age, a citizen of the United States, and shall have resided within the corporate limits of said town at least one year immediately preceding his election. Qualifications for office. Sec. XI. Be it further enacted , That said mayor and council shall have power to appoint a clerk, a marshal and deputies, and such other officers of the town as they may deem necessary, and shall have power to regulate the mode and manner of appointing the same, determine their salaries and fees, take their bonds, prescribe their duties and oaths, removed them for breach, neglect or incapacity. Subordinate officers. Sec. XII. Be it further enacted , That the mayor and council shall have power to impose fines for violation of this charter, or any of their ordinances, or to imprison the offender, or cause him to labor on the public works, streets or sidewalks of the town, the fine not to exceed one hundred dollars, the imprisonment or labor not to exceed thirty days. Punishment of offenders Sec. XIII. Be it further enacted , That the mayor shall hold court as often as he may deem necessary; in his absence, or in cases where he is disqualified, the mayor pro tem. shall preside. When they are both absent or disqualified, any member of the council may preside. Mayor's court.

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Sec. XIV. Be it further enacted , That they shall have power to remove any house, fence, post or other obstruction in the streets or on the sidewalks, lanes, alleys or public square; to license all business and occupations permitted in the town; Provided, however , that they shall never have power or authority to license the selling, vending or other disposition of intoxicating liquors, wines or beers within the limits of said town, and no person shall sell or vend such articles within said town, nor shall any power or authority, other than the authorities of said town, have power or authority to grant license or authority to any person for such purpose. Special power of town government. Sec. XV. Be it further enacted , That they may pass and enforce ordinances prohibiting the running at large of any and all domestic animals except dogs, and they may imprison such stock when found running at large under such rules as they may prescribe. Running at large of stock, etc. Sec. XVI. Be it further enacted , That it shall be the duty of the tax-payers and owners of real estate in said town, and they are hereby required to make returns of the property in said town held by them in their own or another's right, and the mayor and council have authority to supervise all returns thus made and fix a just value to the property and add such property as may not be returned at its value. Tax returns. Sec. XVII. Be it further enacted , That they may levy such taxes on the property in the town, both real and personal, as in their judgment may be necessary to defray the expenses of the town and liquidate its debts, not to exceed the constitutional limit, and not in conflict with the constitution. Levy of taxes. Sec. XVIII. Be it further enacted , That they may require each male inhabitant of said tow, nwho would be subject to road duty, to work on the streets and sidewalks such length of time as in their judgment is necessary. Street work. Sec. XIX. Be it further enacted , That they have full power and authority to open new streets, widen old streets and otherwise to regulate, lay out, direct and control the streets and sidewalks 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 their control and direction, and the mode and style in which all streets, crossings, sidewalks and pavements shall be constructed. But whenever the mayor and council shall exercise any of the powers herein conferred upon them in reference to the streets and sidewalks 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 in which the land may lie, and if in more than one county, then the Ordinary of either county, and the other, by the arbitrators so chosen), who shall assess the damages sustained by the owner or owners of such land, and from the award of said arbitrators

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either party may appeal to the Superior Court under the same rules as govern appeals from other courts to the Superior Court; Provided , private property shall not be so taken till the damage so assessed be first paid, or be legally tendered, and in case of appeal, the work may nevertheless proceed if the mayor and council will tender damages and give good bond and security for any further damage that may be recovered on the appeal. Powers over streets, etc. Sec. XX. Be it further enacted , That they have power to elect one of their number mayor pro tem. , who, when acting as such, has all the powers of a mayor. Mayor pro tem. Sec. XXI. Be it further enacted , That they may, by ordinance, prescribe the duties of the marshal, deputies, clerk and other officers within the town, and penalties for their failure or refusal to perform, and they have power to enforce their ordinances. Duties of subordinate officers. Sec. XXII. Be it further enacted , That they have authority to fix the fees and salaries of the various officers of the town, including their own. Salaries of officers. 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 December 24, 1884. NEW CHARTER FOR WRIGHTSVILLE. No. 125. An Act to repeal an Act incorporating the town of Wrightsville, in the county of Johnson, approved February 23, 1866, and the several Acts amendatory thereof, and to provide a new charter for said town, and for the election of a mayor and councilmen; to prescribe their powers and duties, and for other purposes. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, an Act, approved February 23d, 1866, incorporating the town of Wrightsville, in the county of Johnson, in said State, and the several Acts amendatory thereof, be, and the same are hereby repealed, and that in lieu thereof the following shall be the charter of said town of Wrightsville: Old charter for Wrightsville. Section I. Be it enacted , That the municipal government of the town of Wrightsville, in the county of Johnson, shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Wrightsville, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain, to them and their successors, for the use and benefit of said town, any estate or estates, real or personal, of whatever kind

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or name within the limits or said town, and to sell, alien, exchange, lease or convey the same, or any part thereof, and to do all other acts relating to their corporate capacity consistent with the constitution and laws of said State. Corporate government. Name of corporation. General corporate powers. Sec. II. Be it further enacted , That the corporate limits of said town of Wrightsville shall extend and embrace three-fourths of a mile in every direction from the court-house in said town. Corporate limits. Sec. III. Be it further enacted , That an election shall be held in said town on the first Saturday in January in each year for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified; said election shall be opened at eight o'clock a. m. and closed at four o'clock p. m., to be held under the superintendence of a Justice of the Peace and two freeholders in said town, or of three freeholders in said town, under the forms and regulations prescribed by law for elections of members of the General Assembly, in so far as they are applicable to such election, and do not conflict with the specific rules herein prescribed. Election for officers. Sec. IV. Be it enacted , That said superintendents of election shall duly declare the result of said election, and shall issue certificates of election to such persons as received the highest number of legal votes polled, who shall, as soon as practicable thereafter, qualify by taking an oath before some officer authorized to administer oaths in this State to well and truly perform the duties of their respective offices as such mayor and councilmen during their continuance therein, which oath, with a list of the voters and tally-sheet and the certificate of election given by said superintendents, shall be entered of record on the minutes of said council and the originals filed in the office of the clerk of council. Result of Election. Oath of officers. Sec. V. Be it further enacted , That the qualification of voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto a bona fide residence within the corporate limits of said town for six months next preceding the election and the payment of all legal taxes and fines required of them by said corporation, and no person shall be eligible to the election or performing the duties of the office of mayor or councilman who is not a qualified voter in said town. Qualification of voters. Sec. VI. Be it further enacted , That in case of a vacancy in the office of mayor or councilman by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said council, to take place at such time as may be specified in said order after public notice of the same by posting at the court-house door in said town for the space of at least ten days before said election. In case of vacancy in the office of mayor, the same may be supplied by said board of councilmen by electing from their body a mayor pro tem , who shall perform all the duties of said office until the election and qualification of his successor as above provided. Vacancies. Sec. VII. Be it further enacted , That said mayor and council shall have authority to appoint a clerk, treasurer, marshal, and such

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other officers as they may deem necessary and proper, 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 to remove them from office, or impose fines for neglect of duty for sufficient cause, at their discretion. Subordinate officers. Sec. VIII. Be it further enacted , That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding 100 per cent. on the State tax, upon all and every species of property, both real and personal, within the limits of said town (except church and school property), at its market value on the first day of April in each year; also to levy and collect such special tax on trades, businesses, occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the corporate limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations subject to special tax under the State law, as they may deem proper. They shall also have power to tax, license and regulate ten-pin alleys, billiard and pool tables, or to prohibit or remove the same for sufficient cause, as they may deem necessary. They shall have power to license, regulate or prohibit the sale of spirituous liquors and other intoxicating drinks within the limits of said town; Provided , the tax for the sale of spirituous liquors, or other intoxicating drinks in said town shall not be less than five thousand dollars, to be paid in advance before the issuing of such license. For the purpose of enforcing the payment or collection of the taxes above enumerated, the mayor and council may prescribe such rules and regulations, and impose such penalties for a violation of the same, as they may deem necessary, not inconsistent with the constitution and laws of the State, and the mayor of said town is hereby vested with authority to issue executions for such fines or taxes as may become collectable in favor of said town, and the marshal may proceed to collect the same by levy and sale, in case of levy on personal property after ten days' advertisement at the courthouse door in said town, and in case of levy on real estate by return to the sheriff of Johnson county, who shall advertise and sell in the same manner as prescribed by State law for levies made on real estate and returned by constables. Taxes. Special taxes. License of liquor selling. Enforcement of taxes. Sec. IX. Be it further enacted , That the mayor and council shall have full power and authority to open, change or 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 all persons residing in said town, who may be subject by law to road duty, to work on the streets and walks of said town not to exceed ten days in each year, but may receive in lieu thereof a commutation fee from such person not to exceed two dollars a year, and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have or may hereafter have; Provided , no defaulter shall have the right to relieve himself of any fine or penalty imposed for

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his failure to perform street duty after being returned as such defaulter without the consent of the mayor. Power over streets, etc. Street work. Sec. X. Be it further enacted , That said mayor and council 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 and promoting the health of the inhabitants thereof not repugnant to the constitution and laws of this State. They may regulate or prohibit the running at large in said town of any horse, mule, cattle, hogs, dogs or other animals, or fowls, and prescribe penalties therefor; to protect places of divine worship; to provide places for the burial of the dead and to regulate interments therein; to make regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health, and to promote and protect the peace and good order of said town. Ordinances, etc. Running at large of stock. Special powers. Sec. XI. Be it enacted , That the mayor 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, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of twenty dollars or imprisonment in the guardhouse or labor on the public streets or works of said town not to exceed thirty days, and in addition thereto the costs of the proceedings. It shall be the duty of such mayor to act as the presiding officer of the council when in session, and look after the promotion of the peace and good order and the enforcement of the by-laws and ordinances of said town, and he shall receive as a compensation for his services 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, by the treasurer of said town out of any funds not otherwise appropriated. There shall also be kept a record of all ordinances and a minute of the council proceedings, all of which shall be open to inspection by the public as other public records. Mayor's court. Duties of mayor. Fees of mayor. Records. Sec. XII. Be it further enacted , That the present incumbents of the offices of president and commissioners of the town of Wrightsville are hereby appointed the mayor and council of said town of Wrightsville, with all the rights, powers and duties hereby conferred, to hold and exercise the same until the election and qualification of their successors in office at the first regular election herein provided for. Provisional government. 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 25, 1885.

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AMENDING CHARTER OF SANDERSVILLE. No. 126. An Act to amend an Act to alter and amend the several Acts incorporating the town of Sandersville, and to confer upon said town of Sandersville a municipal government, with all the rights and privileges usually enjoyed by cities in Georgia as are herein set forth, so as to hold municipal elections every two years instead of annually, and to separate the offices of clerk and treasurer, and to provide for the registration of all qualified voters to vote at municipal elections; to provide penalties for its violation, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section second of the above-recited Act, approved August 24, 1872, which provides that an election shall be held at the courthouse, in the city of Sandersville, on the first Monday in September of each year, for a mayor and five aldermen to serve for one year and until their successors are elected and qualified, and the polls of which election shall be opened at ten o'clock in the forenoon and close at three o'clock in the afternoon, be, and the same in hereby repealed, and the following shall be substituted and adopted in lieu thereof, and shall be known as section second of said Act: Biennial elections of officers provided for. Sec. II. Be it further enacted by the authority aforesaid , That an election shall be held at the court-house, in the city of Sandersville, on the first Wednesday in October next, and bi-annually thereafter, for a mayor and five aldermen to serve two years and until their successors are elected and qualified. The polls of said election shall be opened at ten o'clock in the forenoon and closed at three o'clock in the afternoon. Sec. III. Be it further enacted by the authority aforesaid , That section nine (9) of the above-recited Act shall be amended by inserting between the words council and unless, in the sixth line of said section, the following words, to-wit: or to the office of clerk, treasurer or marshal, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid , That no person shall be eligible as mayor of the city of Sandersville unless he be at least twenty-five years of age, a citizen of the United States, and shall have resided in said city for two years immediately preceding his election, and no person shall be eligible as a member of the city council, or as clerk, treasurer or marshal, unless he shall have attained the age of twenty-one years, and shall have the other qualifications specified in case of the mayor. Qualifications for clerk, treasurer and marshal. Sec. IV. Be it further enacted by the authority aforesaid , That the seventeenth section of the above recited Act, which provides that the mayor and council shall at their first meeting elect a clerk and treasurer, who shall serve for one year, and who shall give bond

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with good and sufficient security in a sum not to exceed two hundred dollars, conditioned upon the faithful performance of his duties as clerk and treasurer of said city, and shall take an oath that he will, to the best of his skill and power, perform the duties of his office without favor or affection, be, and the same is hereby repealed, and the following section, to be known as section seventeen, shall be enacted in lieu thereof. Election of subordinate officers, their bond, etc. Sec. V. Be it further enacted by the authority aforesaid , That the mayor and council shall, at their first regular meeting after they shall have been elected, or as early thereafter as practicable, elect a clerk and a treasurer, each of whom shall hold his office two years and until his successor is elected and qualified; and it shall be the duty of the mayor and council to take a bond with good and sufficient security from each of these officers for the faithful performance of their respective duties. They shall also take an oath that they will, to the best of their skill and ability, perform the duties of their office, as prescribed by the mayor and council, without favor or affection. The salaries of the mayor, clerk and treasurer shall be fixed by the preceding mayor and council at not exceeding two hundred dollars per annum for the mayor, and one hundred and fifty dollars per annum for the clerk, and two hundred dollars per annum for the treasurer. Salaries of officers. Sec. VI. Be it further enacted by the authority aforesaid , That the mayor and council shall cause the clerk of the council of said city of Sandersville to register the names of all voters who are qualified to vote under the charter and under the laws of this State for municipal officers of Sandersvi ll e. Registration of voters. Sec. VII. Be it further enacted by the authority aforesaid , That the said clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice, in the city papers at least thirty days preceding the election, that his books are open for the registration of voters who are qualified to vote for mayor and council, which book shall be closed one week before the election. Method of registration. Sec. VIII. Be it further enacted , That it shall be the duty of all persons who desire to register to apply to the clerk in person, and furnish satisfactory evidence of their qualification for registration, and in case the clerk is not satisfied as to the qualifications of the applicant, he may require the following oath or affirmation: I do swear (or affirm, as the case may be) that I am a qualified voter for members of the General Assembly in the county of Washington, and have paid all taxes legally imposed upon me by the mayor and council of Sandersville. So help me God. The clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registry, and may refuse to register such persons as are not in his judgment entitled to register under the provisions of this Act; Provided , that all applicants for registration so refused by the clerk shall have the right to appeal to the mayor and council for a final hearing at least one week before the election. Requisites for registration.

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Sec. IX. Be it further enacted , That any person voting illegally, falsely swearing or otherwise violating any provision of this Act, shall on conviction be punished as prescribed by section 4310 of the Code of 1882. Penalties for illegal voting, etc. 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 28, 1885. AMENDING CHARTER OF VILLAGE OF SUMMERVILLE. No. 133. An Act to amend an Act entitled an Act to incorporate the village of Summerville, in the county of Richmond; to provide for the election of commissioners for the same; to prescribe the powers and duties of said commissioners, and for other purposes, assented to December 16, 1861, so as to make it necessary, in addition to the qualifications required under the charter of the village, for every voter at such election to be a citizen of the United States; to have resided within the State of Georgia for twelve months preceding, and to have been a resident citizen of said village for six months immediately preceding such election; to have attained the age of twenty-one years, and to have paid all village taxes for the year next preceding the year of such election which he he may have had an opportunity of paying agreeably to law; to make the tax digest of the village of Summerville prima facie evidence of the payment or non-payment of such village taxes; to require the registry clerk, who shall be elected each year by the commissioners of said village, to open a registry list of voters, in which he shall, on application, register the name of any legal voter where such application is made at least thirty days before any election for village officers; to make it illegal for any one to vote at such election whose name has not been registered within six months prior to such election, 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 Act of December 16, 1861, incorporating the village of Summerville, in the county of Richmond, be so amended as to make it necessary, in addition to the qualification required under the charter of the said village, for every voter, at any election for any officer or officers of said village, to be a citizen of the United States; to have resided within the State of Georgia for twelve months immediately preceding the time of such election, and to have been a resident citizen of the said village of Summerville for six months immediately preceding such election; to have attained the age of twenty-one years, and to have paid all village taxes for the year next preceding the year

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in which the election is had, which he may have had an opportunity of paying agreeably to law. Qualifications of voters. Sec. II. Be it further enacted by the authority aforesaid , Tha it shall be the duty of the treasurer of the said village of Summerville, at every election held for any officer or officers of said village, to have the tax digest of said village present at the polls, subject to the in-inspection of the officers or managers holding or presiding at such election, which digest shall be prima facie evidence of the payment or non-payment of the village taxes for the year immediately preceding the election by any person offering to vote, and whose vote may be challenged, and it shall be the duty of the officers or managers holding such election to reject the vote of every party so challenged who shall have refused or neglected to have paid his said taxes. Evidence of payment of taxes. Non payment of taxes. Sec. III. Be it enacted by the authority aforesaid , That the commissioners of the said village of Summerville shall, at such time in each year as they deem it expedient, elect a registry clerk, whose duty it shall be to open a registry list for the voters of the said village, in which he shall, on the application of any person entitled to vote and desiring to register as a voter, register the name of such party; Provided , such application is made at least thirty days before any election for commissioner or commissioners of said village; and provided furher , that no name shall be registered within thirty days of the time fixed for the election of such commissioner or commissioners, officer or officers of said village. Registration lists. Registration. Sec. IV. Be it further enacted by the authority aforesaid , That it shall be the duty of such registry clerk, upon the registration of the name of any qualtfied voter, to make and deliver to him, at the time of such registration, a certificate of such registry, expressing his name, number and the date of such registry. Certificate of registration. Sec. V. Be it further enacted by the authority aforesaid , That prior to registration, and before issuing such certificate of registry, said registry clerk shall be authorized to require of any applicant for registration that he make an affidavit before him that he, the said applicant, is qualified and entitled to vote under and according to the terms of the charter of the village of Summerville and the provisions of this Act. Affidavit for registration. Sec. VI. Be it further enacted by the authority aforesaid , That in case of the loss or destruction of a certificate of registration, as herein contemplated, the registry clerk is hereby authorized, upon the personal application of the person to whom such first certificate was issued, and upon affidavit by him of its loss or destruction, to issue to him a duplicate certificate to stand in the place of the one so lost or destroyed. Loss, etc., of certificate. Sec. VII. Be it further enacted by the authority aforesaid , That it shall not be lawful for any one to vote at any election for officers or officer of the said village of Summerville, whose name shall not have been registered within a period of six months next preceding the time of such election, and it shall be the duty of the managers of

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such election to reject the vote of all whose names have not been registered, as herein provided for, or who are otherwise disqualified from voting. Only those registered to vote. Sec. VIII. Be it further enacted by the authority aforesaid , That the managers of any such election shall administer the following oath to any person attempting to vote, upon his being challenged, or upon either or all of them entertaining doubts as to his right to vote, viz.: You do solemnly swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this State for the last twelve months; that you have been a resident citizen of the village of Summerville for the last six months, and entitled to vote for members of the Legislature; that you have paid all taxes assessed against you by the authorities of the village of Summerville for the year preceding the year of this election, and that you have been duly registered within the time prescribed by law. So help you God. Oath of voters. Sec. IX. Be it further enacted by the authority aforesaid , That any person using or attempting to use a forged certificate of registry, or a certificate of registry not issued originally to himself in person by the registry clerk, shall be guilty of a misdemeanor, and on conviction thereof in the Superior Court of Richmond county shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the common jail for a period of not less than three months. Penalties for illegal voting, etc. Sec. X. Be it further enacted by the authority aforesaid , That this Act shall go into operation from and immediately after its passage. Operation of Act. Sec. XI. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1885. AMENDING CHARTER OF EASTMAN. No. 134. An Act to amend the charter of the town of Eastman. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the passage of this Act, when any person shall be convicted of the offense of violating any ordinance of the town of Eastman, such person may be sentenced by the court trying the same to confinement in the common jail of the county, or in the guard-house of the town, or to work upon the streets of the town, for a time not longer than thirty days, which punishment may be commuted by the payment of such fine

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as the court may assess in accordance with the charter and ordinances of the town. Violations of town ordinances. 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 29, 1885. AMENDING CHARTER OF THOMASVILLE. No. 137. An Act to amend an Act incorporating the town of Thomasville, and to grant certain privileges to the same and define its limits, approved March 3, 1874, so as to confor upon the mayor and council of said town the power to establish a system or systems of sewerage and drainage in and around said town, and to give them control and jurisdiction of all soil-pipes, private drains and sewers, water-closets, privy-vaults and dry wells in said town; also, to provide for the issuing of bonds by said town for certain purposes, after submitting the question of bonds or no bonds to the voters of said town. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, the Act entitled an Act incorporating the town of Thomasville, and to grant certain privileges to the same and define its limits, approved March 3, 1874, be, and the same is hereby amended by adding thereto the following as an additional section: That the said mayor and council shall have full power and authority to establish one or more systems of sewerage and drainage in and around said town for the health, cleanliness and comfort of its inhabitants, but in all cases where it becomes necessary to take or use private property or injure private rights, and the owners of said property, or the persons so injured, and the mayor and council cannot agree as to the amount of damage to be paid to the injured party, the damages shall be assessed in the manner pointed out in section XIII of the amended Act; Provided , that said mayor and council may, in the event of an appeal from the award of the assessors by the owner, be allowed to proceed with the work on tendering the amount of the award and bond for the eventual condemnation, to the owner of the property, or paying the money so awarded into the Superior Court, and filing in the clerk's office of said court bond for the eventual condemnation money; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets, privy-vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for

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the preservation of the health of the inhabitants of said town, and with power also to require changes in, or the total discontinuance of any of such contrivances and structures already in existence, or that may hereafter be allowed. System of sewerage and drainage. Use of private property, etc. Appeal. Control of soil-pipes, etc. Sec. II. Be it further enacted , That said Act be amended by adding thereto the following additional section: That the mayor and council of said town of Thomasville are hereby authorized to issue bonds, with the usual interest coupons attached, to an amount not to exceed fifteen thousand dollars; said bonds shall be of such form and denominatien and bear such rate of interest, not to exceed seven per cent., as said mayor and council may determine by ordinance; said bonds shall be payable thirty years from their date, and shall not be taxable by the town. The municipal authorities shall not sell said bonds, or any portion of them, below par. The said mayor and council 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 exclusively to pay for the establishment and construction of a system of water works, the perfecting and carrying out a system or systems of sewerage in connection therewith, and the purchase of land for park purposes; Provided , that said bonds shall not be issued until the consent of two-thirds of the legal voters shall have been obtained at a regular municipal election after thirty days' notice in the newspapers of said town that the question of bonds or no bonds will be submitted to the voters at that election, or at a special election held under the same rules and rugelations as now govern municipal elections in said town, thirty days' notice of which shall be given immediately preceding said election at which the question of bonds or no bonds shall be submitted to the qualified voters of said town. Bonds. Amount. Interest. When due. Payment. Use of proceeds. Election for. Regulations. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1885. AMENDING PUBLIC SCHOOL ACT FOR SANDERSVILLE. No. 138. An Act to amend an Act to authorize the corporation of the city of Sandersville to levy and collect a tax for the purpose of establishing and maintaining public schools in sald city, approved September 8, 1881, so as to authorize the mayor and council to reinvest certain funds collected from the Sandersville and Tennille Railroad, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section eight of the above-recited Act, approved September 8,

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1881, be amended by adding to the close of the eighth section, after the words laws of this State, the following words, to-wit: And whenever the said Sandersville and Tennille Railroad Company shall, from time to time, pay into the city treasury the amounts due by said company for the bonds issued to the said city of Sandersville, then the mayor and council of said city are hereby authorized and required to re-invest the money received in some solvent interest or dividend-bearing securities, and the interest or dividends arising therefrom shall be appropriated for the maintenance of said public schools in said city so long as said public schools are kept up, or until this Act is repealed, in either of which events, then the interest on said securities, as well as the principal heretofore invested, shall revert back to the city of Sandersville, so that the eighth section of the above-recited Act shall read as follows: And be it further enacted by the authority aforesaid , That the said board of education of the city of Sandersville be, and they are hereby made capable in law of taking, receiving, holding and applying any grants or donations, whether of money or property, made by any person or corporation for the benefit of said schools, and may at any time so alter their by-laws, rules and regulations as to conform to any conditions required for the acceptance thereof; Provided , they are not contrary to the laws of this State, and whenever the said Sandersville and Tennille Railroad Company shall, from time to time, pay into the city treasury the amount due by said company for the bonds issued to the said city of Sandersville, then the mayor and council of said city are hereby authorized and required to reinvest the money received in some solvent interest or dividend bearing securities, and the interest or dividends arising therefrom shall be appropriated for the maintenance of said public schools in said city so long as said schools are kept up, or until this Act is repealed, in either of which events, then the interest on said securities, as well as the principal heretofore invested, or hereafter to be invested, shall revert back to the city of Sandersville. Re investment of payments by Sandersville Tennille Railroad. Application to public schools, etc. Powers of board of education. 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 3, 1885.

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AMENDING CHARTER OF CANTON. No. 150. An Act to amend the thirteenth section of an Act passed by the General Assembly and approved the twelfth December, 1882, entitled 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 power and duties, and for other purposes; to amend said section so that it will confer power on mayor and council to fine or imprison the offender at their discretion. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, that section 13 of an Act, assented to the twelfth of December, 1882, entitled 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 power and duties, and for other purposes, be amended so that after the word `day, in the third line of said section, the following words be inserted: or be imprisoned, at the discretion of the mayor and council, not to exceed five days for each day he fails to work, and that the word `same, in the fourth line, be struck out and the the words said fine be inserted instead. Punishment of offenders. Sec. II. Be it further enacted , That said section when amended shall read as follows: That for a failure to work on the streets when notified, the offender subjects himself to be fined, not exceeding two dollars per day, or be imprisoned, at the discretion of the mayor and council, not to exceed five days for each day he fails to work, unless he will pay the commutation tax imposed by the mayor and councilmen, the said fine to be collected by execution issued by the mayor and enforced by the marshal. Failure to work streets. 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, 1885. AMENDING CHARTER OF DALLAS. No. 153. An Act to amend an Act to incorporate the town of Dallas, approved July 28, 1882 so as to confer additional powers on the mayor and aldermen of 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 charter of the town of Dallas be, and the same is hereby amended so as to authorize

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and empower the mayor and aldermen of said town in their corporate name to purchase, lease, rent, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the town of Dallaa, any estate, real or personal, of whatever kind or nature and shall by the same name be authorized 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. Power of corporation to hold and convey property, etc. Sec. II. Be it enacted by the authority aforesaid , That the mayor and aldermen of 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 within the limits of said town; 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: to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of the 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 the mayor, 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 penalties as the mayor may deem proper, conditioned for the faithful discharge of their duties; to regulate the weighing of cotton, hay, corn or other agricultural products offered for sale in said town, and to prescribe the fee therefor, and to this end may appoint a weigher or scalesman, and may pass such ordinances and by-laws as they may deem necessary and proper to carry into effect the powers herein delegated. Nuisances. Running at large of stock. Keeping of gunpowder, etc. Police force. Bonds of officers. Weighing of products, etc. Sec. III. Be it further enacted by the authority aforesaid , That said mayor and aldermen 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 square; and also to license, regulate and control all taverns and public houses in said town; to establish a market or markets in said town; to regulate all butcher pens, slaughter houses, tan-yards, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same or any of them, in case they become dangerous or injurious to the health of any citizen of the town or become nuisances: also, if necessary, to fill up all pits, cellars and excavations in said town or cause the owner to do so; to regulate all drays, omnibuses, buggies, carriages, wagons and carts owned, kept or used in said town for hire or profit; also, full power to regulate and control all public pumps and wells, livery stables, fire companies and engines within said town. Removal of buildings, etc. Taverns, etc.

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Sec. IV. Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have full power and authority, upon proof of the maintenance or existence of any house of ill fame or bawdy house within said town to fine not exceeding ten dollars for each day he, she or they may maintain said house after being notified to desist, or by imprisonment in the calaboose of said town not exceeding twenty days, or both, at the discretion of the mayor trying the same. Bawdy houses. Sec. V. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have power to take up and impound any horses, mules, hogs, dogs, cows or other cattle running at large in said town, and to make 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 of stock. Ordinances, etc. Sec. VI. Be it further enacted by the authority aforesaid , That the mayor and council of said town shall have power 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 returns to the clerk of council of the amount of all goods sold them on commission from the first day of April of the preceding year to the first day of April of the year the return is made. Tax. Tax returns. Sec. VII. Be it further enacted by the authority aforesaid , That the mayor and council of said town shall have full power and authority to open and lay out, to widen and straighten, or otherwise change streets and alleys in said town. Whenever the mayor and aldermen shall exercise the power above delegated, they shall appoint one freeholder and the owner or owners of the property effected by the widening, opening or straightening of such streets or alleys shall on five days' notice appoint one freeholder and the Ordinary of Paulding county shall appoint one, and in the event the party so effected by such change in street or alley shall fail or refuse to appoint such assessor, the other two chosen as aforesaid shall proceed to assess the damages sustained by the owner or owners of said property in consequence of the opening, widening, straightening or otherwise changing said streets and alleysthe said assessors to take an oath before the mayor of said town that they will faithfully discharge their duties, and either to have the right to enter an appeal to the Superior Court of said county within ten days from the rendition of said award, under the same rule and regulation as govern appeals from Justice Courts, the mayor and aldermen to have power and authority to enforce the award or judgment that may be made upon payment to the owner of such property. Power over streets. Sec. VIII. Be it further enacted by the authority aforesaid , That the mayor and aldermen of said town shall have power to require all male inhabitants of said town subject to road duty under the laws

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of this State to work on the streets and public square of said town, or they may prescribe a commutation tax which may be paid in lieu thereof, and shall have power to fine any defaulter who fails or refuses to work said streets or public square when required to do so, said fine not to exceed three dollars per day for each day that he fails to work, and in default of the payment of such fine, said mayor and aldermen shall have power to work such defaulter upon the streets or public square of said town under the marshal, deputy-marshal or street overseer, as the ordinances of the town may provide, and upon failure or refusal to do good and honest work when required so to do, such defaulter shall be considered in contempt, and may be imprisoned in the calaboose of said town not exceeding three days for each offense. Work on streets. Sec. IX. Be it further enacted by the authority aforesaid , 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 they are assessed or imposed, which shall have priority over all other liens except the liens due the State and county, and may be enforced in the manner hereinafter prescribed. Lien for taxes. Sec. X. Be it further enacted by the authority aforesaid , That the mayor shall be the chief executive officer of said town; he shall take care that the ordinances, by-laws, 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 calaboose of said town 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 marshal or street overseer, as the ordinances of the town may require. He shall also be ex-officio a Justice of the Peace so far as to empower him to commit to jail or admit to bail persons charged with violating the criminal laws of this State in the same manner and under the same rules and regulations prescribed by law for Justices of the Peace. Duty and powers of mayor. Sec. XI. 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 full power to punish for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours for each offense. Punishment for contempt. Sec. XII. Be it further enacted by the authority aforesaid , That the marshal of said town, the mayor or any alderman may arrest without warrant any person guilty of a violation of any ordinance of said town and bring the offender before the mayor for trial, and to this

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end may summon any of the by-standers 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 Dallas: I , marshal of said town, in the name and behalf of the mayor and aldermen of said town, do charge and accuse with the offense of contrary to the laws of said town, the peace, good order and dignity thereof. This day of , and shall be signed by the marshal or deputy marshal or acting marshal as prosecutor, and when such accusation, 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 in the absence of the mayor either of the aldermen, the accused may be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor 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 mayor and clerk of council. Arrests. Accusation. Bond by accused, etc. Sec. XIII. Be it further enacted by the authority aforesaid , That all writs, processes and subp[UNK]nas issued in behalf of said town shall be directed to the marshal of said town, and signed in same manner as executions. All executions issued in behalf of said town for the collection of any tax, fine, forfeitures or other purpose shall be directed and signed by the mayor, or mayor pro tem. , and clerk of the council, and all sales shall be advertised not less than ten days by posting in three or more public places in said town. Whenever any property levied upon by the marshal under such executions shall be claimed by any person not a party to the execution, such claim shall be interposed under the same rules and regulations and restrictions as govern claim cases, and the claim shall be returned to and tried, if on real estate, to the next term of the Superior Court of the county having jurisdiction thereof; and if on personal property to the Justice's Court of the 1080 district, G. M., of Paulding county, unless the amount of the execution exceed the jurisdiction of the court, in which event the claim shall be returned to the Superior Court of Paulding county; and any affidavit of illegality filed to any execution so issued shall be returned for trial to the said Justice's Court, unless the amount of the execution exceed the jurisdiction of the court, in which event it shall be returned to the Superior Court of Paulding county for trial. Nothing herein contained shall be construed to authorize the marshal of said town to sell real estate under such execution without first advertising in a public gazette; but he may levy upon, sell and execute titles thereto to real estate in said town by complying with the laws regulating Sheriff's sales in this State of real property. When any claim or illegality shall be returned to said Justice's Court the law regulating appeals and certioraris shall obtain as in other cases. Writs, etc. Sales. Claims. Illegality. Advertisement of marshal's sales.

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Sec. XIV. Be it further enacted by the authority aforesaid , That there may be a certiorari from any judgment rendered by the mayor or mayor and aldermen to the Superior Court as govern certioraris from Justices' Courts. Certioraris. Sec. XV. Be it further enacted by the authority aforesaid , That said mayor and aldermen shall have full power and authority to make and pass all such resolutions, ordinances, by laws, rules and regulations as they may deem necessary and proper for the enforcement of any and all powers delegated in the preceding sections of this Act. Ordinances, by-laws, 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 4, 1885. EXTENDING CORPORATE LIMITS OF MACON. No. 155. An Act to extend the corporate limits of the city of Macon so as to include the East Macon Methodist Church and the lot upon which the same is situated, 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 jurisdictional limits of the city of Macon shall be so extended as to embrace the church known as the East Macon Methodist Church, situate near the boundary line of East Macon on the east side of the Ocmulgee river, to gether with the lot or parcel of land upon which said church is situated, now under fence, the said lot being on the corner of Boundary street and the Fort Hawkins road. Limits extended. Sec. II. Be it further enacted , That it shall be the duty of the city authorities, as soon after the passage of this Act as practicable, to mark with permanent land-marks the limits of the lot hereby added to the city, so that all the police power and other jurisdiction of the city may extend over the same. Marking the limits. 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, 1885.

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INCORPORATING TOWN OF AUSTELL. No. 161. An Act to incorporate the town of Austell, in Cobb county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid , That from and after the passage of this Act, the town of Austell, in the county of Cobb, shall be incorporated under the name and style of the town of Austell, by which name it shall sue and be sued, plead and be impleaded. Name and general powers. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall be as follows: The corporate limits of said town shall extend one-half mile from the depot used by the Georgia Pacific Railway Company and the East Tennessee, Virginia and Georgia Railroad Company in said town, that is, said corporate limits shall commence at the centre of the depot aforesaid and extend one-half mile north, south, east and west, so as to include all of the territory in every direction within one half mile from the centre of the depot aforesaid, which, after the passage of this Act, shall be known as the corporate limits of said town; Provided , always, that no part of the county of Douglas shall be embraced or included within the corporate limits of said town, but the said town shall be confined wholly to and be within the limits of the county of Cobb. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That within thirty days after the passage of this Act, or so 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 each person residing within the corporate limits of said town who shall be qualified to vote for members of the General Assembly shall be a qualified voter in such elections for mayor and councilmen, and the person or persons who shall receive 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 council immediately upon their election, or as soon thereafter as practicable. Election of officers. Qualification of voters. Subordinate officers. Sec. IV. Be it further enacted by the authority aforesaid , That said mayor and council shall have power, annually, to fix the salary of the offices of said town, and to levy and collect a 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 resident therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons

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in lieu of working on such streets; Provided , that nothing in this Act shall be construed so as to give the mayor and councilmen of the town of Austell any authority 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. Said mayor and council shall have power 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; 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 thirty days, in the discretion of the mayor and council. Special powers of mayor and council. Tax on land. By-laws, etc. Punishments. Sec. V. Be it further enacted by the authority aforesaid , That the mayor or any member of the council 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 the mayor or any member of the council, when it shall appear that the offense is a violation of any State law committed within the corporate limits of said town. Power of officers as magistrates. 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 sale of liquors. 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, 1885. IMPROVEMENT OF STREETS IN SAVANNAH. No. 162. An Act to authorize the mayor and aldermen of the city of Savannah to pave, grade, macadamize and otherwise improve for travel and drainage the streets and lanes of said city; to provide for an assessment of a portion of the cost of such improvements on real estate abutting on each side of street improved and on street railways traversing the same, and to provide for the equalization of such assessments, and for the manner of collecting the same, and declaring such assessments liens on the property so assessed, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the city of Savannah shall have full power and authority, in their discretion, to grade, pave,

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macadamize and otherwise improve for travel and drainage the streets and public lanes and alleys of said city, to put down curbing, cross-drains, crossings, and otherwise improve the same. Power of municipal authorities over streets, etc. Sec. II. That the mayor and aldermen of the city of Savannah shall also have full power and authority to assess two-thirds of the cost of grading, paving, macadamizing, constructing side drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on the street improved, to-wit, one-third of said cost on real estate on each side of such street or portion of a street shall be so improved, the persons owning real estate which has at least one-half of the fronting on the block or portion of the street the improvement of which is desired, shall in writing request the mayor and aldermen of the city of Savannah to make such improvements, and the said mayor and aldermen of the city of Savannah shall, by a two-thirds vote at a regular meeting of the council have approved the same, and shall by ordinance direct the said work to be done; and provided further , that every street railroad company having tracks running through the streets of said city shall be required to macadamize or otherwise pave, as the said mayor and aldermen of the city of Savannah may direct the width of its tracks, and three feet on each side of every line of track now in use or that may hereafter be constructed by such company. Assessment of cost of paving etc. Request for improvement. Approval of same, etc. Duty of street railroad companies. Sec. III. The mayor and aldermen of the city of Savannah shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes as may be just and proper, estimating the total cost of each improvement made, and pro rating the cost thereof on the real estate, according to its frontage on the street or portion of a street improved. It shall be wholly discretionary with the mayor and aldermen of the city of Savannah whether any work asked for is desirable or necessary, and shall be done or not; and no application shall be received and no work done for less than a block; Provided , that the owners of one-half or more of the frontage on a block shall not by a failure to apply for work, or by objection thereto, defeat an application of owners of one-half of the frontage of more than a block, when such application shall have been regularly made. Equalizing assessments. Discretion of authorities. Minimum work. Sec. IV. The amount of assessment on each piece of real estate shall be a lien upon said real estate from the date of the passage of the ordinance providing for the work and making the assessments. Lien for assessment Sec. V. The mayor and aldermen of the city of Savannah shall have the authority to enforce the collection of the amount of any assessment so made for work, either for the streets or for the side-walks, by execution to be issued by the city treasurer against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of said city on such real estate; and after advertisement and other proceeding, as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and

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such sale shall vest an absolute title in the purchaser; Provided , that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the Superior Court of Chatham county, and there tried, and the issue determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Collection of assessments. Levy of executions, sale, etc. Counter-affidavit. Sec. VI. Be it hereby enacted , That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby repealed. Approved September 5, 1885. WATER SUPPLY OF ATLANTA. No. 163. An Act to amend the charter and laws of the city of Atlanta so as to authorize and empower the city of Atlanta to enlarge and improve the water supply of said city in any manner and to any extent that is or may be needful from the present or any other site or sites; to acquire rights and property, real and personal, for the same, both within and without the corporate limits of said city, and anywhere in this State, upon just compensation, and to confer all authority, rights and remedies necessary or appropriate for obtaining the water and right-of-way, and water power, and for forcing it into and distributing it in the city, and for carrying into effect the object of this bill, and for other purposes. Section I. The General Assembly enacts , That the charter of the city of Atlanta and laws of this State be, and they are hereby so amended as to authorize and empower the city of Atlanta to enlarge and improve the existing water supply and water works of said city in any manner and to any extent that is or may be needful from the present or from any other site or sites; that said city shall have power to acquire all rights and property, real and personal, necessary or appropriate for affording a complete and sufficient supply of reasonably pure and clear water to said city, and shall have power to acquire and hold or use all such rights and property, both within the limits of said city and anywhere in this State, including ownership of and dominion in whole or in part, over the water-shed from which the water to be supplied is gathered, however large the tract of land necessary for the purpose may be, so as to let said water-shed grow up in grass and trees without manuring or tillage or other hurtful use, and so as to keep the water clear and pure. Improvement of water supply. Rights of property, etc. Dominion of water shed.

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Sec. II. Be it further enacted, etc. , That the said city shall have power to cause such examinations and surveys to be made for the proposed work contemplated in this bill as shall be necessary or proper to the selection of the most advantegeous location or locations, site or sites, water-shed or sheds, and right or rights, way or ways, for locating all their works and appliances for bringing the water and distributing it in the city, and for carrying out the object of this bill; and for such purpose the said city, by its officers, agents, servants or employe's, shall have the right to enter upon the land or water of any person, and all the rights, powers and privileges heretofore conferred by the Legislature under any bill enacted by the same upon said city for erecting and maintaining water works are hereby revived and continued in full force for the purposes of this Act in extending said water works, or in erecting new water works, either or both, as the case may be. Surveys, etc. Sec. III. Be it further enacted , That the said city, by its agents aforesaid, may construct its works or lay its pipes upon acquiring the property or right so to do, as the case may be, with the necessary way or ways, dams, canals, raceways, reservoirs, excavations or embankments, and do all acts and things necessary for the construction and maintenance of said works, and shall have power to lease or buy or condemn any property, real or personal, anywhere in this State for the purpose, or acquire the same by donation and to sell, lease or dispose of any part thereof not found necessary for the works, at the pleasure of the city; and said city, by its agents as aforesaid, shall have power to obtain gravel, stone, earth, timber or other material, and to take such land as may be necessary for the proper construction, operation and security of said works, and to cut down any trees that may be necessary therefor, or security of the same, making compensation therefor, as by this bill, or under the law provided for property taken for public use, and shall have all other powers and authority necessary and appropriate to accomplish the objects of this Act. Rights of way, etc. Lease, purchase and condemnation of property, etc. Sec. IV. Be it further enacted, etc. , That said city shall have power to use and employ for the purpose of said works any stream or streams of water or water course or water courses, or any part of such waters, which by said city shall be deemed necessary and appropriate; to use such waters by employing the same for power to run or move the necessary machinery, or for pumping through the mains and distributing over the city, either or both, as the case may be, making compensation therefor as by law required. Use of steams. Sec. V. Be it further enacted , Said city shall have power to lay its mains along any street or highway, or otherwise, whenever necessary, to cross, occupy or appropriate with its works such highways or streets, or any part thereof. Laying mains. Sec. VI Be it further enacted , The rights and remedies of said city, and all persons or corporations, whose property, franchises, easement or rights it may seek to condemn or appropriate for the purposes of this Act shall be those contained in, and set out in, part

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2, title 1, chapter 1, section 1689, sub section L, of the present Code of Georgia for condemning and making compensation for property where the same is sought to be taken for railroad purposes, substituting the said city as the pro movant in such proceedings in lieu of the railroad company, as in said section contemplated, and if, in any respect, the rights and remedies in said section set out should be found inappropriate, then the right and remedies shall be the same as is contained and provided in the Act of the Legislature of said State originally authorizing the city of Atlanta to provide and erect waterworks, and in the several amendments afterwards made thereto. Disputed condemnation of property. Sec. VII. Be it further enacted, etc. , That for the purpose of carrying into effect the objects of this Act, the said city shall have power to use and employ the fund or funds accumulated under the charter of said city, under the Act of the General Assembly of said State, approved December the 18th, 1884, relative to providing a fund for the purpose of making a part of the taxes of each year available for current expenses during a portion of the succeeding year, and under the several Acts, ot which said last recited Act is amendatory, and for the purpose aforesaid, the city of Atlanta shall have power to make any contract or contracts, or to incur any obligation or obligations upon the means and resources of said city, not repugnant to the constitution of this State; and that to supply the place of accumulated funds diverted, or used as above specified, there shall be annually set apart twenty five thousand dollars of the revenues of said city, commencing with tho year 1887, until a fund of two hundred and fifty thousand dollars has been accumulated, which shall be applied as contemplated, and required from year to year, as required by said Act of December 18th, 1884, and the several Acts of which the same is amendatory; and in the meantime said city may make such temporary loans as are actually necessary in the beginning of the year to anticipate the revenues until the collection of the same begins to flow into the treasury in the summer months. Employment of city reserve funds, etc. Sec. VIII. Be it further enacted, etc. , That said city shall have power, if by it deemed wise to do so, to procure from any person or persons willing thus to invest the funds, in whole or in part, necessary to extend said works, or to erect new works, and to vest the title to a corresponding part of the property, or the whole of it, as the case may be, to him or those thus advancing the money, upon an agreement that the city have an option to purchase and pay for a title to the property at a future day whenever the city shall be provided with funds or means of doing so, the city in the meantime using and operating the works at an agreed rental, to be paid by it, upon such terms and conditions as may be by the parties agreed on. Procuring funds from others, etc. Sec. IX. Be it further enacted, etc , That the work contemplated under this Act shall be carried on through the agency of the board of water commissioners of said city, under the direction and control of the mayor and general council of the same. Control of work.

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Sec. X. Be it further enacted, etc. , That the works provided for or contemplated under this bill are to be deemed and taken as a continuation of, and in lieu of, the waterworks heretofore enacted and used by said city, and all existing legislation, as well as the ordinances of said city, forbidding tresspasses or any interference with said water-works, and all sanitary laws and regulations relative to the same, are hereby revived and made applicable to said new works, or extended works, as the case may be, with the same remedies, pains and penalties as by said previous acts and ordinances of the city of Atlanta, or the general laws of the State, are or may be provided. Previous legislation, etc. Sec. XI. Be it further enacted, etc. , That all laws and parts of laws militating against this Act be, and they are hereby repealed. Approved September 5, 1885. REGISTRATION OF VOTERS IN BAINBRIDGE. No. 172. An Act to amend the charter of the city of Bainbridge, Ga., 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 of the State of Georgia , That the clerk of the city council of Bainbridge shall keep a book in which he shall enter the names of all persons who are authorized to vote, under the constitution and laws of said State and the charter of said city, in which book there shall be spaces to inscribe the name, age, place of nativity and location of residence, describing the latter definitely by ward, street, number of house, if any, or cross street. 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 November until the first day of December thereafter of each and every year, and such registration shall be annual. List of names, etc. Registry office. Annual registration. Sec. II. That the clerk of said city shall not enter the name of any person in the registry list unless the party desiring to register shall apply in person at the office of said clerk during the hours and time fixed for registration. All persons so applying shall not be registered until he has taken the following oath before the clerk (who is hereby authorized to administer the same), to-wit: I do swear (or affirm) that I am a citizen of the United States, and that by the time of the next-coming popular election in the city of Bainbridge, I will have resided in the State of Georgia one year, and in the city of Bainbridge six months, and that I am twenty-one years of age, and have paid all taxes legally imposed and demanded of me by the city of Bainbridge. Any person swearing falsely under

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this section shall be liable to indictment and punishment for false swearing. Conditions to registry. Oath. False swearing. Sec. III. That if any person making application to the clerk 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 right to register and to vote. Refusal of right to register. Sec. IV. It shall be the duty of said 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 in said city held within twelve months next succeeding the completing of said registry, and that the said managers shall not permit any person to vote at said election whose name does not appear in said lists, and that any person voting at any of said elections without having been registered as aforesaid, or who shall vote in the name of some person appearing in said lists other than his own name, shall be punished as is prescribed in section 4705 of the Code of 1882. Lists for election managers, etc. Illegal voting. Sec. V. That the amount of compensation for the services to be thus rendered by the clerk shall be determined by the city council and paid out of the city treasury. Compensation of clerk. Sec. VI. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1885. EXTENDING LIMITS OF ATLANTA, ETC. No. 175. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, extending the limits of the city of Atlanta so as to embrace the L. P. Grant Park and vicinity for police purposes, and to authorize the mayor and general council to regulate the sale of ardent spirits and all kinds of merchandise and refreshments in said limits, and to extend the limits of said city so as to embrace certain lands owned by said city and used for sanitary purposes, 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 the corporate limits of the city of Atlanta are hereby extended so as to embrace for police purposes that tract or parcel of land known and designated as L. P. Grant Park, being one hundred acres of land, lot number 43, in the 14 district of Fulton county, and fifty acres of land in land lot number 114, in the 14 district of Fulton county, owned by said city

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of Atlanta, and used for sanitary purposes, and the mayor and general council of said city are hereby empowered to pass such ordinances for the preservation of peace and good order, and for the protection of such property within said limits as may seem to them proper. Grant Park embraced within city limits. Powers of mayor and council over the new territory. Sec. II. Be it further enacted by the authority aforesaid , That the mayor and general council of Atlanta be, and are hereby empowered to regulate and control, under such ordinances as they may adopt, the sale of ardent spirits, and all kinds of merchandise and refreshments within the limits of said L. P. Grant Park, and for two hundred yards in either direction from said limits. Sale of liquor, etc. Sec. III. Be it further enacted , That all laws and parts of laws in conflict herewith are hereby repealed. Approved September 14, 1885. AMENDING CHARTER OF JEFFERSON. No. 180. An Act to amend Section XIV of an Act entitled an Act to incorporate the town of Jefferson, in Jackson county, approved August 14, 1872, to prohibit the granting of license to sell liquors. 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 XIV of the Act incorporating the town of Jefferson, approved August 14, 1872, authorizing the mayor and council to license auctioneers and to grant license to sell liquors, and to sell by retail liquors in the town of Jefferson, be, and the same is hereby amended by striking from the thirteenth and fourteenth lines of said fourteenth section of said Act the following words, to wit: of granting license to sell liquors in the town of Jefferson and, so that said fourteenth section of said Act, when amended, will read as follows, to-wit: That the said mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, posts, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town; they shall have power to license, regulate and control all taverns and public houses within the town, and remove anything that becomes a nuisance or injurious to the health of the citizens of the town. They shall have power to license drays, wagons, hacks and other vehicles doing business for hire; to license auctioneers, vendor masters, and tax all goods sold on commission or otherwise within the limits of the town; they shall have the sole and exclusive right of taxing shows of every kind within said town, of licensing, regulating and controlling

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ten-pin alleys, billiard tables, etc., fixing the rate of taxes and license and the terms upon which the license shall be issued and declaring said license void when the terms are not complied with. Liquor license forbidden. Sec. II. Be it further enacted . That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved September 16, 1885. INCORPORATING TOWN OF WACO. No. 188. An Act to incorporate the town of Waco, in the county of Haralson; to provide for the appointment and election of officers for said town; to authorize said town authorities to regulate or prohibit the sale of all intoxicating liquors, wines and bitters in said town; to levy and collect a tax on the property of said town, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That R. H Strong, J. S. Jeter, T. M. Carroll, R. H Parker and J. M. Adamson be, and they are hereby appointed and made a body corporate under the name and style of the town council of Waco, and they and their successors as such shall have perpetual succession, capable in law to purchase, hold and receive, lease, sell and grant any property for the use of said town, and shall in law be capable to sue and be sued, plead and be impleaded, answer and be answered unto. Corporators. Name of corporation. General powers. Sec. II. Be it further enacted , That the corporate limits of said town shall extend one-half mile in every direction from the Methodist Protestant church, or the center of said town. Corporate limits. Sec. III. Be it further enacted , That within thirty days from the passage of this Act, the council herein named shall organize by electing one of its members chairman, who shall be styled the mayor of the council, and who shall preside at each meeting of the same, and who shall be, to all intents and purposes, an ex-officio Justice of the Peace within the limits of said town, and shall have power to issue warrants for offenses committed within the limits of said town, to try offenders and to acquit or commit them to the jail of the county, or admit them to bail for their appearance at court, and it shall be the duty of the jailor of the county to receive all such persons so committed, and safely keep them until discharged by due course of law. Organization. Mayor. Sec. IV. Be it further enacted , That the council herein named shall hold office until the first Saturday in October, 1886, when an election shall be held in said town, supervised as in elections for Justice of the Peace, for five members of the council, and all persons

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who are residents of said town, who are entitled to vote for members of the General Assembly, shall be entitled to vote at said election, and the council shall be so elected annually in like manner. Term of first council. Election. Sec. V. Be it further enacted , That the members of the council shall, before entering upon their duties, take and subscribe to an oath before some officer entitled to administer such oaths to faithfully enforce the laws and ordinances of the town of Waco during their continuance in office. Oath of office. Sec. VI. Be it further enacted , That the council shall appoint at its first meeting a clerk and treasurer, a marshal and if necessary a deputy marshal, and shall define their duties, fix their salaries and fees, and prescribe their bonds and oaths. Subordinate officers. Sec. VII. Be it further enacted , That the council shall have full power and authority to enact all ordinances, by-laws, rules and regulations, and enforce the same, necessary for the good government of said town, the peace, quiet and health of the citizens thereof, and for the protection and preservation of public and private property therein; to regulate or prohibit the sale of intoxicating liquors, wines or bitters within the limits of said town. Ordinances, etc. Sec. VIII. Be it further enacted , That the said council shall have power to levy a tax for the maintenance of the government of said town upon all property, both real and personal, within said town, and on all trades and professions, to tax all shows or exhibitions, peddlers, auctioneers, billiard tables, ten-pin alleys, and on all other games kept or played within the limits of said town. Tax. Sec. IX. Be it further enacted , That the council shall have power to require all persons within the limits of said town subject to road duty to work on the streets of said town in such way and for such time as they may deem necessary, or to levy and collect such street tax as they may deem just. Street work. Sec. X. Be it further enacted , That all executions or assessments, fines or penalties recoverable by this Act may be enforced by execution, which shall be issued by the clerk and be addressed to the marshal and to be levied by him and property sold according to the ordinances of said town, unless the property so levied upon shall be real estate, then the marshal shall turn over to the Sheriff of the county the execution with the levy entered thereon, who shall proceed to advertise and sell as in other cases of levy and sale, and shall turn over to the clerk or treasurer the money arising from such sales. Enforcement of dues to town. Sec. XI. Be it further enacted , That it shall be the duty of every citizen within said town to make annual returns to the clerk of council under oath of all taxable property held in his or her name, or in the name of any other person, and in case of a failure to do so the clerk may assess the value thereof, and fix a double tax therefor, as provided by the laws regulating tax returns in this State. Tax returns. Sec. XII. Be it further enacted , That a majority of the members of the council shall constitute a quorum for the transaction of any business, and should from any cause a vacancy occur the remaining

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members may order an election to fill such vacancy by giving five days' notice thereof. Quorum of council. Sec. XIII. Be it further enacted , That the council shall have the right to use the common jail of the county as a prison by paying the usual fees for the same, or may have the right to use any place within said town as a prison. Confinement of prisoners. Sec. XIV. Be it further enacted , That the mayor of said town, or in his absence any two members of the council, shall constitute a court for the trial of offenders against the laws and ordinances of the town, and shall have authority to call said court as often as may be necessary to clear the guard-house and dockets of the court. Mayor's court. Sec. XV. Be it further enacted , That all laws and parts of laws conflicting with this are hereby repealed. Approved September 23, 1885. AMENDING CHARTER OF LaFAYETTE. No. 200. An Act to alter and amend the charter of the town of Lafayette by providing for the electing of a mayor and five councilmen for said town; to prescribe their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the municipal authorities of the town of Lafayette shall be a mayor, a recorder and five councilmen, who together shall form a common council, but no person shall be eligible to either of said offices unless at the time of his election he resides within the corporation and is eligible to vote at said election; the mayor, recorder and councilmen, as soon as they have been elected and qualified, as herein provided, and their successors in office, shall exercise all the corporate powers of said town, except when otherwise provided; they shall also elect a treasurer and marshal, if they deem necessary, each of whom when elected shall enter into a bond, with sufficient sureties approved of by the mayor, in such penalty as the board shall prescribe, payable to the corporation of Lafayette, conditioned to faithfully perform the duties of said office; they shall continue in office during the pleasure of the council, and perform the duties herein prescribed. Municipal officers. Qualifications. Subordinate officers. Their bond. Term. Sec. II. The officers first elected shall be on the first Thursday in January, 1886, and they shall hold their office for the term of one year, and until their successors are elected and qualified; that election for the officers of said town shall be on the first Thursday in January annually at such place in the town, and under such supervision,

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rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe, and every person elected or appointed to an office in said town shall, within thirty (30) 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 some person authorized by law to administer an oath, which oath, with the certificate of the person administering the same, shall be filed with the recorder of said town. Elections. Oath of office. Sec. III. The franchises of said town shall not be forfeited or discontinued by a failure to hold the election at the proper time, but the mayor, or other person authorized by law, or on their failure, any Justice of the Peace therein may at any time, on giving the inhabitants five days' notice by written or printed notices, posted at three or more public places in said town, hold such election, and the persons elected at such election shall have the same powers and authorities as if they had been elected at the regular period. Failure to hold elections. Sec. IV. All persons who have been bona fide residents of said town for six months next preceding the time of holding the election, and who are qualified voters under the constitution and laws of the State, and none others, shall be allowed to vote; no person shall be deemed a resident of said town by reason of being a student of any school or college therein, or being stationed there for any temporary purpose. Qualifications of voters. Sec. V. When a vacancy shall occur from any cause in the office of mayor, recorder or in the council, the vacancy shall be filled by appointment by the council of the town; all contested elections shall be heard and decided by the council. Vacancies Sec. VI. 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 purpose of transaction of business; the council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders and resolutions, which shall be fully indexed and open to the inspection of the innabitants of said town. At such meetings of the council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed by the presiding officer for the time being; the mayor, in case of a tie, shall have the casting vote; upon the call of any member the yeas and nays on any question shall be taken and recorded in the journal. Council. Minutes, by laws, etc. Sec. VII. The council of said town shall have power therein to lay off, locate, close, open, alter, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public, or of any citizen thereof, and to improve 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, paved or gravelled and kept in good order, free and clean, by the owners and occupants thereof, or of real property next

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adjacent thereto; to prevent injury or annoyance to the public or individual from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to provide in or near said town places for the burial of the dead and to regulate interments therein, and to provide for the keeping up of the same; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of the town and to preserve peace and good order therein; and for this purpose to appoint a marshal, and he appoint such deputies as he deems necessary to assist in the discharge of his duties; to prescribe the powers and define the duties of the marshal appointed, and the council shall fix their term of service and compensation, which shall be out of the fines and forfeitures, and require and take bonds from them when deemed necessary, payable to said town, with sureties, and in such penalties as to the council may seem fit, conditioned for the faithful discharge of their duties; to provide for the assessment of taxable property therein, and adopt rules to govern their body. To carry into effect these enumerated powers, and all others hereafter conferred on said council or town by its charter or any future Act of the Legislature, the council shall have power to make and pass needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the constitution or laws of the State, and they shall also 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 for the collection of taxes therein, and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail, or the place of imprisonment of said town, for a time not exceeding three days. Special powers of municipal authorities. Sec. VIII. Every male citizen of said town, not under sixteen nor over fifty years of age (unless exempted by law), shall, if required by the council thereof, work, not exceeding fifteen days by himself or an acceptable substitute, on the roads, streets, alleys, sidewalks, cross-walks of the town under the direction of the superintendent or overseer or overseers of the roads of the town, or may be released from such work upon the payment to the overseer or council such amounts as may be fixed by the council, the money so paid to be used in the improvements of the roads, streets, alleys, sidewalks and cross-walks of said town. Street work. Sec. IX. It shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same are not paid within one month after they are placed in his hands for collection, the mayor 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. There shall be a lien on all the property of said inhabitants of said town, both real and personal, situated therein,

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for the corporation taxes assessed thereon, and for all fines and penalties assessed or imposed upon the owners thereof from the time they are assessed or imposed, which shall have a priority over all 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 State and county tax. Duty of town marshal. Collection of taxes. Lien of taxes. Sec. X. The mayor shall be the chief executive officer of the town, and it shall be his duty to have carried out all the orders, ordinances, rules, regulations and by-laws of the council, and shall be required to do all that is usually required of a mayor of any city or town of this State. Duty of mayor. Sec. XI. The only compensation of the mayor and recorder shall be the exemption from road, jury and militia duty. Compensation of mayor and recorder. Sec. XII. All laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 30, 1885. AMENDING CHARTER OF ATLANTA. No. 201. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to repeal the amendatory Act, approved September 3, 1881, in so far as it establishes a board of commissioners of streets and sewers and defines their jurisdiction and powers; to confer certain powers now devolving upon said commissioners upon the mayor and general council, and to provide for the election, by the mayor and general council, of a commissioner of public works and a clerk to said commissioner; to define the powers and duties of said commissioner of public works, and to provide for compensation for said commissioner and clerk, 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, that so much of the Act amendatory of the city charter of Atlanta, approved September 3, 1881, as establishes a board of commissioners of streets and sewers for said city, be, and the same is hereby repealed, and that the powers and duties of said commissioners of streets and sewers, as defined by said Act, be, and they are hereby vested in the mayor and general council of said city. Board of commissioners of streets and sewers abolished. Their powers and duties vested in mayor and council. Sec. II. Be it further enacted , The mayor and general council of said city, serving for the year in which the elections under this Act shall occur, shall, at the first regular meeting in January, 1886, and at the same time of meeting every two years thereafter, elect a commissioner

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of public works and a clerk to said commissioner. A majority of all the members voting shall be necessary to a choice. The city engineer shall act provisionally in said office until the election in 1886. Vacancies in said office shall be filled by the general council. Commissioner of public works. Provisional commissioner. Sec. III. Be it further enacted , That the mayor and general council of said city shall, by ordinance from time to time, define the powers and duties of said commissioner of public works, and shall, before each election of said commissioner of public works and clerk, fix the compensation of those officers, which shall not be increased or diminished during their terms of office. Powers and duties of commissioner. Compensation. Sec. IV. Be it further enacted , That said commissioner of public works shall, before entering into the discharge of the duties of said office, execute a bond with security, to be approved by the mayor of said city, in the sum of ten thousand dollars, conditioned faithfully to discharge the duties of said office, and shall also take an oath before the mayor that during his continuance in office he will make all appointments and discharges of employees, and will make all selections or purchases of material, conduct and execute all contracts and dealings on behalf of the city, and will, in these as in all other respects, faithfully and impartially discharge the duties of said office with an eye single to duty and the good of the public service, without fear, favor, affection, reward, or the hope thereof, and without being in any manner influenced by his own interest or the personal favor or interest of any other individual, whether member of council or not; and that he will faithfully execute all orders of the city government as officially expressed by the lawful ordinances or orders of the general council and approved by the aldermanic board, in case such approval be required by law; and the clerk of said commissioner shall, in like manner, take an oath for the faithful and impartial performance of his duties, and shall give bond in the sum of three thousand dollars. Bond. Oath of office. Commissioner's clerk. Sec. V. The said commissioner of public works, before entering on the duties of his office, shall file with the city clerk a statement in writing showing all real estate in the city of Atlanta and the county of Fulton owned by him, or in which he is in any manner interested, either as proprietor, partner, corporator or otherwise, with location and description thereof, and if, during his continuance in office, he becomes owner or interested as aforesaid in any such property, he shall, within five days, supplement said statement by like entry and description thereof, and a failure to comply with requirements of this section shall be good cause for his removal from office. Statement of commissioner's property. Sec. VI. It shall be in the power of the general council to consolidate the duties of any other office or offices in any department of the city government, other than charter offices, with those of the said commissioner of public works, or his clerk, and to discontinue or abolish such other position thus rendered unnecessary. Consolidation and abolition of offices.

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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 October 3, 1885. REVISORY AND VETO POWER OF MAYOR OF ATLANTA. No. 203. An Act to amend an Act entitled an Act to establish a new charter for the city of Atlanta, approved February 28th, 1874, so as to provide the mayor shall have the revision of all ordinances, orders and resolutions passed by the general council, and the power to veto 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 mayor and general council of the city of Atlanta shall have the revision of all ordinances, orders and resolutions passed by the general council of said city, and the said mayor shall have four days after the meeting at which the general council voted, or after the board of aldermen voted thereon, in which to file with the clerk of council, in writing, his dissent; but the general council may, in the manner prescribed by the charter for voting on such questions, pass the said ordinance, order or resolution, notwithstanding the veto, by vote of two-thirds, to be taken by yeas and nays, and entered on the minutes. Revision and veto by Mayor. Passage over veto. Sec. II. Be it further enacted , That in absence of the mayor, this power may be exercised by the presiding officer for the time being. In absence of mayor, veto power, how exercised. 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 3, 1885. INCORPORATING TOWN OF ELIZABETH. No. 219. An Act to incorporate the town of Elizabeth, in Cobb county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That from and after the passage of this Act, the town of Elizabeth, in the county of Cobb, shall be incorporated under the name and style of the town of

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Elizabeth, by which name it shall sue and be sued, plead and be impleaded. Corporate name. General powers. Sec. II. Be it further enacted by the authority aforesaid , That the corporate limits of said town shall be as follows: The corporate limits shall extend one-half mile from the engine house of the American Marble Cutting Company; that is, said corporate limits shall commence at the centre of the engine house of the American Marble Cutting Company and extend one half mile north, south, east and west, so as to include all the territory in every direction within one-half mile of the centre of said engine house, which, after the passage of this Act, shall be known as the corporate limits of said town. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That within six months after the passage of this Act, or so 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 each person residing within the corporate limits of said town who shall be qualified to vote for members of the General Assembly shall be a qualified voter in said election for mayor and councilmen, and the person or persons who shall receive the highest number of votes for either of the above-named officers shall be declared duly elected; Provided , the marshal and clerk herein provided for shall be elected by the council immediately upon their election, or as soon thereafter as practicable. Municipal elections. Sec. IV. Be it further enacted by the authority aforesaid , That said mayor and council shall have power annually to fix the salary of the officers of said town, and to levy and collect a tax on all 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 resident 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 such streets; Provided , that nothing in this Act shall be construed so as to give the mayor and council of the town of Elizabeth to levy a tax on land within said corporate limits which is used for agricultural purposes, nor upon any houses used on said lands, or stock or other property used for agricultural purposes on said land. Said mayor and council shall have power to make 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; to punish by fine or imprisonment, or both, in the discretion of the mayor and council; Provided , the fine shall not exceed fifty dollars nor the imprisonment thirty days. Salaries. Taxes. Street work. Exemption from tax. By-laws, etc. Sec. V. Be it further enacted by the authority aforesaid , That the mayor or any member of the council 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 them, when it shall

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appear that the offense is a violation of any State law committed within the corporate limits of said town. Mayor or councilmen as magistrates. 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 sale of liquors. 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 October 5, 1885. EXTENDING LIMITS OF ROME AND REPEALING CHARTER OF DeSOTO. No. 223. An Act to extend the corporate limits of the city of Rome, Ga, so as that it may include all the territory now embraced in the chartered limits of the town of DeSoto, and to repeal the charter of the town of DeSoto. Section I. Be it enacted by the General Assembly of the State of Georgia , That the corporate limits of the city of Rome, Ga., be extended so as to include all the territory now embraced within the corporate limits of the town of DeSoto upon the terms and in the manner hereinafter prescribed and set forth. Limits of Rome to embrace DeSoto. Sec. II. Be it further enacted , That within forty days of the approval of this Act by the Governor, the mayors respectively of the city of Rome and of the town of DeSoto, or three freeholders, citizens respectively of the city of Rome and the town of DeSoto, shall cause an election to be held at their respective places, and under the same rules and regulations as is usual for holding their municipal elections, to determine the question of annexing the town of DeSoto to the city of Rome, when those voting respectively in the city of Rome and in the town of DeSoto in favor of annexation shall have printed or written on their ballots, For Annexation, and those voting against annexation shall have written or printed on their ballots, Against Annexation. Election to be held. Ballots. Sec. III. Be it further enacted , That in case a majority of the votes cast respectively in the city of Rome and in the town of DeSoto shall be for annexation, then the mayor and council of the city of Rome shall, within sixty days from the day of said election, levy and collect a special tax of five thousand dollars upon the taxable property of the city of Rome and the newly annexed territory, and in consideration of the territory thus acquired shall proceed at once and without delay to lay a water main along Bridge street across

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the Oostanaula river up to the intersection of Mill street with Broad street in the newly acquired territory, said water main up to this point not to be less than ten inches in diameter, and from the intersection of said Mill street two six-inch water mains shall be laid, one along Mill street up to opposite the residence of L. P. A. Walker, and the other along Broad street and the Summerville road up to opposite the residence of C. F. McCrary, or so much thereof as can be done with said five thousand dollarsall of which shall be thus expended in the present fiscal yearand that an additional five thousand dollars be levied and collected in the same way and for the purpose of completing the laying of said water mains, and which shall be completed by the first day of September, 1886, the remainder, if any, to be used in the improvement of the water-works, said additional five thousand dollars to be levied and collected not later than July the first, 1886. Result of election. Tax. Water mains. Improvement of water-works. Sec. IV. Be it further enacted , That the rates prescribed now or hereafter for the levying and collecting of revenues shall extend over the persons and property within the newly acquired territory, except that owners of taxable property and those who do business in the newly acquired territory shall be entitled to a rebate of thirty-three and one-third per cent. of the taxes levied upon any property or from any other source in the newly acquired territory, for the full term of ten years, beginning with the first day of the fiscal year 1886. This rebate shall not apply to taxes levied for the support of the public schools. Taxes, how levied and collected. Sec. V. Be it further enacted , That the newly acquired territory shall be known and designated as the Fourth Ward of the city of Rome, and that said fourth ward shall always be entitled to and represented by two aldermen, being two of her own citizens who shall have received the highest number of votes cast for candidates residing in said fourth ward, said aldermen to be elected at the next election to be held for mayor and aldermen in the city of Rome, the one receiving the highest number of votes to serve two years, and the next highest to serve one year, in conformity to the charter of the city of Rome, and said fourth ward shall always have one representative in the board assessors. Designation of new territory. Its representation. Election of. Sec. VI. Be it further enacted , That the mayor and council of the city of Rome shall never have any power or authority to grant license to any person or persons to sell at wholesale or retail any spirituous or malt liquors within the newly acquired territory, to be known as the fourth ward in the city of Rome. Sale of liquor prohibited. Sec. VII. Be it further enacted , That the charter of the town of DeSoto be and the same is hereby repealed, to take effect on the first day of January, 1886, and that the charter, laws and ordinances of the city of Rome apply to and be enforced in the newly acquired territory from and after the said date of January, 1886, and that the terms of office of the mayor and council of the town of DeSoto shall cease with the repeal of said charter of DeSoto; Provided always , that a majority of the votes cast respectively in the city of Rome

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and the town of DeSoto shall have been in favor of annexation; and provided further , that the city of Rome shall have complied with the terms and conditions as set forth in section three of this Act Old charter repealed. Charter, etc., of Rome to apply. Proviso. Sec. VIII. Be it further enacted by the authority aforesaid , That all lands situated in the said town of DeSoto, Floyd county, Ga., used only as farming lands and for farming purposes, shall be exempt from city or town taxes, except upon a fair valuation for agricultural purposes only, and not as city or town lots, so long as the same are used only for farming purposes and farming lands. Exemption from taxes. Sec. IX. That all laws militating against this Act be, and the same are hereby repealed. Approved October 5, 1885. AMENDING CHARTER OF DALTON. No. 228. An Act to amend the charter of the city of Dalton. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and council of the city of Dalton shall, at their first regular meeting in February, 1886, and in each succeeding year thereafter, elect three freeholders, resident in said city, to be tax assessors; said assessors shall hold their office for one year, unless sooner removed by the mayor and council for cause, the sufficiency of which shall be judged by said mayor and council; all vacancies occurring in said office, by death, resignation, removal or otherwise, shall be filled by the mayor and council; said assessors shall, before entering upon the discharge of their duties, take and subscribe such oath as the mayor and council may prescribe, and they shall be paid for their services such compensation as the mayor and council shall fix, not to exceed $100.00 per year. Tax assessors. Their election. Term. Vacancies Oath. Pay. Sec. II. It shall be the duty of said tax assessors to assess the cash value of all taxable real estate within the limits of said city, the value thereof to be fixed as of the first of April in the year in which assessment is made, and to make out and return to the mayor and council a complete schedule of all such real estate, and their valuation thereof and the names of the owners thereof as far as practicable; in cases of disagreements a majority of said assessors shall control; said schedule shall be returned within sixty days after said first of April, and as soon thereafter as practicable be transcribed by the city clerk upon the tax books of said city, which books shall be subject to the inspection of the tax-payers of the city. Duty. Disagreement of assessors. Sec. III. Any tax-payer dissatisfied with the assessment of his property may appeal from the assessment to the mayor and council within such time and in such manner as said mayor and council may prescribe by ordinance, and the decision of said mayor and

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council upon such appeal as to the true taxable value of such property shall be final. Appeal by tax-payers. Sec. IV. The mayor and council shall assess the city tax upon the real estate so scheduled and valued in the manner now prescribed by the city charter, and the tax so assessed shall be collected in manner now provided by said charter. Assessment and collection of tax. Sec. V. Any omissions in such return and assessment shall be supplied by the assessors whenever their attention shall be called thereto by the mayor and council, and such corrections shall be subject to appeal as hereinbefore provided. Omissions. Sec. VI. The personal property in said city shall be returned for taxation, and the taxes thereupon shall be assessed and collected as now provided by charter. Return of personalty. Sec. VII. Be it further enacted , That each mayor and council of said city shall, as soon after their induction into office as practicable elect a marshal a clerk and a treasurer of said city, to hold their respective offices during the period for which said mayor and council are elected, unless sooner removed; said marshal, clerk and treasurer so elected shall give the bonds, take the oaths, discharge all the duties and be subject to all the liabilities prescribed for their respective offices by the charter of the city and the ordinances of council not inconsistent therewith. Subordinate city officers. Terms. Bond, oaths and duties. Sec. VIII. Be it further enacted , That the provisions of the XXV section of the charter of said city, approved 24th February, 1874, be, and the same are so extended as to give the mayor or three members of council jurisdiction to try and punish offenders who may within the corporate limits of the city violate the laws of the State against vagrancy, and the laws of the State prohibiting the sale of intoxicating liquors, such jurisdiction to be exercised in the manner and under the restrictions prescribed in said XXV section of said charter. Power of municipal officers as magistrates. Sec. IX. Be it further enacted , That the compensation of all officers provided for by the charter of said city shall be fixed by the mayor and council, the salary of the mayor not to exceed $300 00, that of the members of council not to exceed $100 00 each, that of the clerk not to exceed $300.00, that of the treasurer not to exceed $100.00, that of the marshal not to exceed $400 00, and in addition to the salary so fixed the marshal shall be entitled to such costs in criminal cases as may be allowed him by ordinance, such costs in no case to be paid out of the treasury, but only to be paid when collected from persons convicted under the provisions of section XXV of the charter as amended by this Act. Salaries. Sec. X. Be it further enacted , That the said mayor and council shall have full power and authority to construct and pave and improve sidewalks, and to put down the necessary curbing for the same on one or both sides of such streets of said city as in their judgment shall need sidewalks paved with brick or stone. Construction of sidewalks, etc. Sec. XI. That in order to carry out the authority delegated in tenth section of this Act, said mayor and council shall have full

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power and authority to assess the cost of paving and otherwise improving said sidewalks, as in their judgment may be necessary, on the real estate abutting on said sidewalks so constructed or improved. Assessment of cost of paving, etc. Sec. XII. That the amount of assessment on each piece of real estate, as hereinbefore provided for, shall be a lien upon said real estate from the date of the commencement of such work. Lien for assessment. Sec. XIII. That the mayor and council shall have the authority to enforce the collection of the amount of any assessment so made for work upon said sidewalks by executions, issued by the clerk of said city and countersigned by the mayor, against the real estate so assessed, and against the owner thereof at the date of the commencement of such work, which execution shall be levied by the marshal of said city on such real estate, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold by the marshal at public outcry to the highest bidder, and the marshal shall convey the real estate so sold to such bidder by deed, and such sale shall vest the title absolutely in such purchaser, the proceeds of such sale to be applied to the payment of the amount due on said execution and the cost of sale, the residue, if any, to be paid over to owner of said property so sold; Provided , if there should be contesting claims for the said residue, by liens or otherwise, said residue to be held by said marshal to be paid out by order of the Superior Court of Whitfield county upon proper issues made therein, as in other cases for the distribution of moneys held by collecting officers, the lien of said assessment to take precedure of all other liens or claims whatsoever, and to be first paid out of the proceeds of such sale; and provided further , that the defendant in such execution shall have the right to file an affidavit denying the whole or any part of the amount for which execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid before the affidavit is received for the balance, and all such affidavits so received shall be returned to the Superior Court of Whitfield county, and tried and the issue determined, as in cases of illegality, subject to the penalties prescribed in cases of illegality for delay. Collection of by execution. Proviso. Sec. XIV. That any claimant of the said residue of said fund shall, by himself, his attorney at law or agent at the said sale, or before said residue is paid over to the defendant in execution, notify said marshal in writing of his said claim. Said marshal shall, without deciding upon the validity thereof, hold up said residue for distribution as aforesaid; and if said marshal shall, in good faith, pay out said fund before the receipt of any such notice, neither he nor the city shall be liable to said claimant for any sum he may have been entitled to, but any such claimant shall be remitted to any remedy the law may give him against the person to whom such fund shall have been paid. Claimant of residue of fund. Sec. XV. That said mayor and council shall have full power and authority to construct and improve sidewalks, open any street in

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said city other than sidewalks paved with brick or stone, in such manner as in their judgment may be necessary, and to pay for the same out of funds of the city. Improvement of sidewalks with city funds. Sec. XVI. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885. AMENDING CHARTER OF FORSYTH. No. 229. An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5, 1875, so as to allow the mayor and aldermen to expend annually two hundred and fifty dollars, or so much thereof as may be necessary, upon the cemetery in said city, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the city of Forsyth, in the county of Monroe, are hereby authorized and directed to expend annually the sum of two hundred and fifty dollars, or so much thereof as may be necessary, in improving and keeping up the cemetery of said city. Money to be expended on cemetery. Sec. II. Be it further enacted , That all laws and parts of laws in conflict herewith are hereby repealed. Approved October 5, 1885. AMENDING CHARTER OF DeSOTO. No. 234. An Act to alter and amend an Act entitled an Act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, all lands situated in the town of DeSoto, Floyd county, Georgia, used only as farming lands and for farming purposes, shall be forever exempt from city or town taxes, except upon a valuation for agricultural purposes only, and not as city or town lots, so long as the same are used only for farming purposes and farming land. Exemption of certain lands from tax. 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 October 5, 1885.

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AMENDING CHARTER OF ATLANTA. No. 235. An Act to amend an Act establishing a new charter for the city of Atlanta, and the several Acts amendatory thereof, approved respectively February 28, 1874, and September 3, 1881, and August 29, 1879, so as to provide that the mayor of the city of Atlanta shall be ex-officio a member of the board of police commissioners and of water commissioners of said city. Section I. Be it enacted by the Legislature of Georgia , That from and after the passage of this Act, the mayor of the city of Atlanta shall be ex-officio a member of the board of police commissioners and water commissioners of said city. Mayor made member of boards of police and water 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 October 5, 1885. AMENDING CHARTER OF WAYNESBORO. No. 245. An Act to empower and authorize the mayor and councilmen of the city of Waynesboro, Burke county, Georgia, to pass ordinances prescribing the mode and manner of assessing the value of all or any property owned within the incorporate limits of the same; to allow them to levy and collect a tax in each year, not to exceed four tenths (4-10) of one per cent. on the assessed value of the same, and to prescribe the way of enforcing the collection 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 city of Waynesboro, in the county of Burke, as a corporation, through the mayor and city council, shall have authority to assess, levy and collect annually, for the support of said corporation, a tax of four-tenths of one per centum upon the property of the citizens of said city or of those owning property within the limits thereof who are not citizens; Provided , the amount raised by the levy of said per centum shall not exceed annually the sum of eighteen hundred dollars, and should the levy of said per centum of four-tenths of one per centum upon the taxable property of said city raise annually an amount exceeding eighteen hundred dollars, then and in that case the said

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corporation shall in their annual assessments reduce the said per centum of taxation to such a per centum as shall raise annually only the sum of eighteen hundred dollars and no more, it being the meaning of this Act that no larger amount shall ever be raised by taxation annually by said corporation; Provided further , that none of the provisions of this Act shall go into force and effect so long as spirituous liquors are sold within the limits of said corporation, there being a sufficient revenue for the support of said corporation arising from the sale of spirituous liquors in said city. Prescribin rate of tax Proviso. Tax to be reduced. Not to go into effect so long as liquors are sold. Sec. II. Be it enacted , That the mayor and council of said city shall have power to appoint annually five suitable citizens owning real estate in said city as assessors of the value of property in said city. Real estate assessors. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with any of the provisions of this Act be, and the same are hereby repealed. Approved October 6, 1885. GRANTING CERTAIN PRIVILEGES TO SAVANNAH COTTON EXCHANGE. No. 248. An Act to authorize and empower the mayor and aldermen of the city of Savannah to permit the Savannah Cotton Exchange, upon such terms and conditions as the mayor and aldermen may prescribe, to arch or bridge the slip at the foot of Drayton street in said city between the Stoddard upper range and the DeRenne block; to erect a foundation and walls for such bridge or arch, and to build upon such bridge or arch a building suitable for said Cotton Exchange; Provided , that the work or building to be done by the said Cotton Exchange shall not interfere with the full, complete and uninterrupted use of the said slip by the public. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the city of Savannah are hereby fully authorized and empowered to allow and permit the Savannah Cotton Exchange, a corporation incorporated under the laws of the State of Georgia, and located in the said city of Savannah, upon such terms and conditions as the mayor and aldermen of the city of Savannah may prescribe, to arch or bridge the slip at the foot of Drayton street in said city between the Stoddard upper range and the DeRenne block to erect a foundation and walls for such bridge or arch and to place upon said bridge or arch a building for the said Cotton Exchange. Savannah cotton exchange may be authorized to erect certain bridge, etc.

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Sec. II. Be it enacted by the authority aforesaid . That the said bridge or arch shall be of sufficient height and the said work shall be so done that the said slip shall remain free and open to the full and complete use of the public. How said work must be done. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1885. CHANGING NAME OF TOWN OF WARD. No. 255. An Act to change the name of the town of Ward, in Randolph county, to the name of Schellman. 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 name of the town of Ward, in Randolph county, be, and the same is hereby changed to the name of Schellman. Name changed to Schellman. Sec. II. Be it further enacted by the authority aforesaid , That wherever the name of Ward occurs in the charter of said town the name Schellman be substituted for the same. Name changed throughout the charter. 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 October 6, 1885. AMENDING CHARTER OF CHIPLEY. No. 260. An Act to amend the third section of an Act incorporating the town of Chipley, in the county of Harris, approved December 9, 1882, by striking out the words twenty days where the same occur in the seventh line of said section and inserting in lieu thereof the words six months, 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 third section of an Act incorporating the town of Chipley, in the county of Harris, approved December 9, 1882, be, and the same is hereby amended by striking out the words twenty days where the same occur in the seventh line of

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said section and inserting in lieu thereof the words six months, so that said third section, when so amended, shall read as follows: That an election shall be held on the third Wednesday in December, 1882, and on the third Wednesday in said month in 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 six months 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. Qualification of voters as to time of residence. 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 October 6, 1885. LICENSE AND BUSINESS TAXES IN MACON, ETC. No. 262. An Act to enlarge the power of the mayor and council of the city of Macon as to the levy and collection of license and business taxes in 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, it shall be lawful for the mayor and council of the city of Macon, under the authority conferred upon them by the first section of the Act of the General Assembly, approved August 28, 1883, entitled 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 levying and collecting of licenses and taxes therein, etc., etc., to levy and collect annually licenses and business taxes to be assessed on the class of subjects set out and described in the said first section of the Act aforesaid, which said license and business taxes shall not exceed, but may equal in the aggregate the sum of thirty thousand dollars; Provided , that nothing herein contained shall authorize the levy of any special or license tax on any subjects now prohibited by the general laws of this State. License and business taxes. Levy and collection. In what amount. 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 October 6, 1885.

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ENLARGING CORPORATE LIMITS OF ALBANY. No. 265. An Act to enlarge the corporate limits of the city of Albany, in the county of Dougherty, by adding thereto the Fair Grounds Park on the northern boundary, and the addition to the cemetery on the southern boundary of said city. Section I. Be it enacted by the General Assembly of the State of Georgia That the corporate limits of the city of Albany, in the county of Dougherty, and State of Georgia, shall be, and they are hereby enlarged by adding thereto as follows: The Fair Grounds Park recently purchased by said city, on the northern boundary of said city, and the addition to the cemetery on the southern boundary of said city. Corporate limits extended. Sec. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 6, 1885. CHANGING NAME OF INDIAN SPRING. No. 266. An Act to change the name of Indian Spring, in the county of Butts. Whereas, The town of Indian Spring, in the county of Butts, was incorporated in the year 1883 under the name aforesaid; and WHEREAS, the town of McIntosh adjoins said town, and the last mentioned place has by common consent and long usage and custom been called Indian Spring, and the post-office at McIntosh is known as Indian Spring post-office, and the post-office at Indian Spring proper is known as Heard; and WHEREAS, there is great confusion in the commercial relations of the two towns, as well as much inconvenience and delay caused by the misdirection of mails: therefore, Preamble. 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 name of the town of Indian Spring be, and the same is hereby changed, and said town shall be hereafter known as Flovilla, said change of name in no way to effect or change the order incorporating said town. Name changed to Flovilla. 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 October 6, 1885.

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AMENDING CHARTER OF ROME. No. 267. An Act to amend the charter of the city of Rome, Georgia, by making the mayor and members of council ineligible to hold any other municipal office. Section I. Be it enacted by the General Assembly of the State of Georgia , That the charter of the city of Rome be, and the same is hereby amended by adding the following section to said charter: The mayor and members of council of the city of Rome shall not, after their election as such, be eligible to hold any other municipal office of honor or trust during their term of office as mayor and councilmen. Restricting eligibility of city officers. 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 October 6, 1885. AMENDING CHARTER OF QUITMAN. No. 272. An Act to alter and amend the charter of the town of Quitman, and the Acts amendatory thereof, so as to fix the cost of the license to retail spirituous or intoxicating liquors at five hundred ($500) dollars per annum. 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 Quitman, and the Acts amendatory thereof, be amended so as to fix the license fee to retail spirituous or intoxicating liquors within the corporate limits of said town at five hundred dollars ($500) per annum. Liquor license fixed. Sec. II. Be it further enacted by the same authority , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 7, 1885.

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INCORPORATING TOWN OF ROOPVILLE. No. 274. An Act to incorporate the town of Roopville, in the county of Carroll; to provide for the election of a mayor and councilmen for said town; to confer certain powers and privileges upon said mayor and council, and for other purposes pertaining 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 town of Roopville, in the county of Carroll, be, and the same is hereby incorporated as a body politic under the name and style of the mayor and council of the town of Roopville; that the municipal government of said town shall be vested in a mayor and four councilmen, who shall be elected as hereinafter provided. Said mayor and council may sue and be sued, plead and be impleaded in any conrt of law or equity in this State, and shall have authority to purchase, hold, enjoy and sell either real or personal property for the use and benefit of said town of Roopville; they shall have perpetual succession, and may use and have a common seal. Name. Municipal officers. General corporate powers. Sec. II. Be it further enacted , That the corporate limits of said town shall extend five hundred yards in every direction from the residence of J. K. Roop in said town. Limits. Sec. III. Be it further enacted , That the first election for mayor and councilmen for said town shall be held on the first Wednesday of October, 1885, and annually thereafter on the same day. The election for mayor and councilmen shall be held by three freeholders, residents of said town, and shall be conducted as elections for county officers of this State; the certificates of the managers shall be sufficient authority for those elected to enter upon the discharge of their duties as such officers. No person shall be eligible to the office of mayor or councilman who is not a resident of said town, and at the time of his election twenty-one years old. Nor shall any one be eligible to vote in such election who has not been a citizen of said town for six months, and who is not eligible to vote for members of the General Assembly of this State. Elections. Eligibility for office. Of voters. Sec. IV. Be it further enacted , That before entering upon the discharge of their duties, the mayor and councilmen shall take and 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 the duties devolving upon me as mayor (or councilman, as the case may be) of the town of Roopville to the best of my ability and understanding. So help me God. Said oath may be administered by any officer authorized to administer oaths in this State. Oath.

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Sec. V. Be it further enacted , That said mayor and council shall elect such marshals, clerks and other officers as they may deem necessary; to prescribe their fees and duties, and to require of them such bonds for the faithful discharge of their duties as they may deem necessary. Subordinate officers. Bonds. Sec. VI. Be it further enacted , That the mayor and either councilman, in case the mayor is absent from said town, shall be ex officio a Justice of the Peace to issue warrants against persons committing State offenses in the limits of said town, and shall have power to subp[UNK]na witnesses and compel their attendance, and to hold preliminary examinations of such offenses, and to admit the offender to bail or commit him to the guard-house of said town or the common jail of said county, according as the offense may be against the ordinances of said town or against the laws of this State. Powers of municipal officers as magistrates. Sec. VII. 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, good order and improvement of said town, not repugnant to this charter nor the laws of this State. Ordinances, etc. Sec. VIII. Be it further enacted , That said mayor and council shall have the authority to levy and collect a tax, not exceeding five-tenths of one per cent., upon all taxable property, real and personal, within the corporate limits of said town. They shall also have authority to require all persons in the limits of said corporation, subject to road duty under the laws of this State, to work on the streets of said town, or pay such commutation tax in lieu of said street work as said mayor and councilmen may determine. Said commutation tax shall not be used for any other purpose than working the streets of said town. Taxes. Street working. Sec. IX. Be it further enacted , That the sale of spirituous, malt or intoxicating liquors within the incorporate limits of said town 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, or in the City Court of Carrollton, in said county, shall be punished as prescribed in section 4310 of the Code of this State, and the mayor or either councilman of said town shall have authority, as provided in section six of this Act, to issue a warrant for the arrest of any person so violating this section, and upon probable cause shall bind said offender over to the said City Court of Carrollton, and in default of bail to commit such offender to the common jail. Sale of liquors. Penalties. Arrests, etc. Sec. X. 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 the chief executive officer of said town. He shall see that the ordinances, by-laws and regulations of the council are carried out and executed; he shall have control of the police of said town, and may appoint special police whenever necessary to preserve order in said town; he shall have authority to issue execution for all fines and penalties with costs, and may require

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immediate payment thereof, or in default of immediate payment, he may imprison the defendant in the guard-house not exceeding thirty days, or may, in his discretion, cause the offender to work upon the streets of said town a like number of days, or may fine such offender in a sum not exceeding twenty-five dollars. Duties of mayor. Sec. XI. Be it further enacted , That if, at any time, the office of mayor or councilman should become vacant from any cause, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office Vacancies. Sec. XII. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 7, 1885. AMENDING CHARTER OF WASHINGTON. No. 287. An Act to amend the charter of the town of Washington, Georgia, by providing for the appointment of property appraisers; to change the title of president of the board of commissioners, and to provide for the widening and straightening of the streets and sidewalks of said town. Section I. The General Assembly of Georgia enacts , That hereafter the title of president of the board of commissioners of the town of Washington, Georgia, be, and the same shall be mayor of Washington, Georgia. Title of chief officer changed. Sec. II. Be it further enacted , That at the first meeting of the board of commissioners of Washington, Georgia, in January of every year, said board shall select from the freeholders of said town three discreet and upright men to act as appraisers of property for the purposes of taxation The term of office of said commissioners shall expire with the year for which they are appointed. It shall be the duty of said appraisers to make, by October first of the year for which they are appointed, a just and true appraisement and valuation of all the real estate within the limits of the town of Washington, subject to taxation, which valuation shall be adopted by said board in levying and collecting taxes for that year. Any tax-payer who is dissatisfied with the valuation put upon his or her property by said appraisers shall have the right to appeal to the board of commissioners of said town, which appeal may be entered by simply filing with said board written objections to the action of said appraisers. Said board of commissioners shall dispose of such appeal within thirty days after it is filed, after giving notice to the appellant of the time and place of hearing. The appraisers appointed under this section shall, before entering upon their duties, file with the board of commissioners an oath in writing well and truly to perform the duties of

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their office. Said appraisers shall receive for their services such compensation as shall be fixed by the board of commissioners, not to exceed the sum of five dollars each per day for every day when actually engaged. The appraisers provided for by this section, for the year 1885, shall be appointed as soon after the passage of this Act as the board of commissioners can conveniently do so, and annually thereafter, as already provided. Board of tax assessors. Term of office. Duty. Appeal. Oath Compensation. Appointment. Sec. III. Be it further enacted , That said board of commissioners of the town of Washington be, and it is hereby vested with power to widen or straighten any of the streets or side walks of said town, and to assess whatever damages any property holder may incur by reason of such straightening or widening, which damages shall be paid by the said board out of the treasury of the town. If any property-holder is dissatisfied with the damages assessed, under the provisions of this section the question of such damages shall be referred to the arbitrament and award of three arbitrators, one to be selected by the board of commissioners, one by the property holder and the third by the other two. Power of municipality over streets, etc. Damages. Sec. IV. Be it further enacted , That all laws inconsistent with this bill are hereby repealed. Approved October 7, 1885. INCORPORATING TOWN OF NORWOOD. No. 288. An Act to incorporate the townof Norwood, on the Georgia Railroad, in the county of Warren, and to provide for the election of a mayor and councilmen of said town, 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 the town of Norwood, on the Georgia Railroad, and in the county of Warren, be, and the same is hereby incorporated under the name of the town of Norwood. 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 Railroad, in said town. Limits. Sec. III. Be it further enacted , That an election shall be held in said town, on the first Monday in November next, for a mayor and three councilmen, who shall serve for fourteen months or until their successors are elected and qualified, said election to be held on the first Monday of January statedly after the first. Elections. Term of officers. Sec. IV. Be it further enacted , That from and after the passage of this Act, no persons shall sell in any quantities any spirituous,

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malt or intoxicating liquors, medicated bitters or tonics, or any way furnish or dispose of the same within the corporate limits of the same. Sale of liquors. Sec. V. Be it further enacted , That any person violating section fourth 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 Georgia. Penalty. Sec. VI. Be it further enacted , That the provisions of the new Code of Georgia from sections 774 to 779, 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. General corporate powers. 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 October 7, 1885. AMENDING CHARTERS OF LITHONIA AND WOODBURY. No. 289. An Act to amend an Act entitled an Act to incorporate the town of Lithonia, in DeKalb county, and the town of Woodbury, in the county of Meriwether. 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, that section 2 of an Act to incorporate the town of Lithonia, in DeKalb county, and the town of Woodbury, in the county of Meriwether, be, and the same is hereby amended by striking out the words which may be done on the first Saturday in January in each year in the third and fourth lines of said section and inserting in lieu thereof the following words: which shall be done on the first Monday in December in each year, so that said section as amended will read as follows: That said commissioners shall continue in office until the first Monday of January in the year 1857, and until their successors are elected and installed, which shall be done on the first Monday in December in each year, or on such other day as the commissioners, or a majority of them, may appoint, they giving at least five days' notice of the time and place of holding the election, and which shall be within said corporation, and shall be superintended by two Justices of the Peace and one freeholder, under the rules and regulations that now govern elections for Justices of the Peace in this State, and that all citizens of said town entitled to vote for members of the General Assembly shall be entitled to vote for said commissioners. Election of municipal officers. Sec II. Be it further enacted by the authority aforesaid , That section six of said Act be, and the same is hereby amended by striking out

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the words on or before the tenth day of January in each year in the twelfth line of said section and inserting in lieu thereof the following words: `on or before the first day of April of each year, and by striking out the words by the fifteenth day of January of each year in the seventeenth line of said section and inserting in lieu thereof the following words: by the first day of July of each year, and by striking out the words on or before the first day of May of each year in the twenty-first and twenty-second lines of said section and inserting in lieu thereof the following words: on or before the first day of November of each year, so that said section, as amended, will read as follows: That for the purpose of defraying the expenses incident to the said incorporation, said commissioners shall have power to levy and collect, in such manner as they may prescribe by their by laws, a tax, not to exceed one hundred per cent. on the State tax, on the persons and property of the citizens of said town, that is to say, the property kept in, and land which lies in, said corporate limits, together with all improvements thereon; and for the purpose of ascertaining the amount necessary to be assessed, it shall be the duty of every person residing within said corporate limits to give in to the marshal his taxable property and the value thereof subject to be taxed by the said commissioners, according to this Act, on or before the first day of April in each year, under such oath as may be prescribed by the commissioners, and which the marshal shall be authorized to administer; and it shall be the duty of the marshal to enter the same in a book, to be provided by him for that purpose, and to return the same to the clerk of said corporation by the first day of July in each year; and it shall be the duty of the commissioners to assess such tax as they may deem necessary, not exceeding one hundred per cent. on the State tax, on said property; and it shall be the duty of said citizens to pay to the said clerk the amount assessed on each, respectively, on or before the first day of November of each year, and on failure to pay said tax it shall be the duty of the clerk to issue executions for the same, to bear test in the name of one of the commissioners, and to deliver the same to the marshal, who shall levy the same under the same rules and regulations that govern constables' sales upon the property of the delinquent tax payer and sell the same, as in the case of justice courts' executions. Return and collection of taxes. Sec. III. Be it further enacted by the authority aforesaid , That section nine of said-Act be, and the same is hereby amended by adding the following words after the word dollars in the fourth line of said section, to-wit: `or imprisoned not exceeding thirty days, in the discretion of the commissioners, and to work all persons on the streets or sidewalks or other public works in said town during the time of their imprisonment, so that said section, as amended, will read as follows: The said commissioners shall have power to try all persons brought before them charged with a violation of any of their by-laws, and on conviction to fine the offender in a sum not to exceed twenty-five dollars, or to imprison such offender in the

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guard house or otherwise not exceeding thirty days, in the discretion of the commissioners, and to work all such persons on the streets, sidewalks or other public works in said town during the time of their imprisonment. Punishment of violators of town laws. Sec. IV. Be it further enacted by the authority aforesaid , That section ten of said Act be, and the same is hereby amended by adding the following words to said section: The said commissioners shall have the power and authority to compel all male persons subject to road duty under the laws of this State to work, or cause to be worked, all of the sidewalks, streets or sewers in said town; also the power and authority to lay out, improve, open out or repair any of the streets, sidewalks or sewers necessary for the improvement of said town; also the power to build and repair bridges and cross ways, or to exercise any power necessary to open out and keep in good repair the streets, sidewalks or sewers of said town, so that said section as amended will read as follows: The said commissioners shall have power to remove, or cause to be removed, all nuisances within said corporate limits in such manner as they may prescribe, and to punish by fine any person who may place or continue a nuisance in said town after being notified to remove it by the marshal or any one or more of the commissioners. The said commissioners shall have power to compel all male persons subject to road duty under the laws of this State to work, or cause to be worked, all of the sidewalks, streets or sewers necessary for the improvement of said town; also the power to build and repair bridges and cross-ways, or to exercise any power necessary to open out and keep in good repair the streets, sidewalks or sewers of said town. Special powers of town officers. 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 October 7, 1885. INCORPORATING TOWN OF GORDON. No. 293. An Act to incorporate the town of Gordon, in the county of Wilkinson; to provide for a mayor and council and define their powers, and to repeal their present charter. Section I. Be it enacted by the General Assembly of the State of Georgia , That on and after the passage of this Act, the town of Gordon, in Wilkinson county, shall continue to exist under the name and style of the mayor and council of the town of Gordon, and that the limits and boundaries of said corporation shall be as are now marked out and defined under the present incorporation. Name.

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Sec. II. Be it further enacted, etc. , That the government of said town shall be vested in a mayor and five councilmen, to be elected on the first Saturday in January in each year, whose term of office shall be for one year, or until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he is a qualified voter under the laws of Georgia, and has resided within the corporate limits of said town six months before his election Said election shall be managed by two or more freeholders, and when the results of said elections have been ascertained, said managers shall certify to the same, and file the list of voters, tally-sheets and votes with the clerk of the council, and the persons receiving the highest number of votes, as shown by the returns, for mayor or councilmen shall be declared elected for the ensuing year, who shall, within twenty days after said elections, and before entering upon their duties, subscribe to the following oath before the mayor of said town or some officer of the State authorized to administer an oath, the following: I, as mayor, andas councilmen of the town of Gordon, do swear that we will well and truly perform all the duties required of us by law as such mayor and councilmen to the best of our skill and power. So help us God. All persons who are eligible to vote for members of the General Assembly shall be entitled to vote in any election held in said town. Election of officers. Terms. Eligibility. Management of elections, etc. Oath. Eligibility of voters. Sec. III. Be it further enacted, etc. , That when said mayor and councilmen have been elected and qualified, as provided by the preceding sections, they shall constitute a body corporate, with power to sue and be sued in any of the courts ef this State; to purchase, hold and convey property for the use of said town; to contract and be contracted with so far as may be necessary to the proper management of the affairs of said town; to make all needful rules, by-laws and ordinances 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 within their jurisdiction; establish and open new streets in said town as the public interest may require; to keep in good order and repair the public interest may require; to keep in good order and repair the streets and sidewalks of said town, and may require and compel all persons residing within the limits of said town, subject to said duty under the laws of the State, to work on said streets and sidewalks not to exceed ten days in each year, but they may assess in lieu thereof a commutation fee, not to exceed five dollars per capita , to be expended on said streets Said mayor and council shall have power to levy and collect, for the use of said town, a tax on all the property situated in the same, both real and personal, not to exceed one dollar on every one hundred dollars' worth of property; may levy and collect a special tax, to be fixed, in their discretion, on all shows and exhibitions for gain, peddlers, itinerant traders, drays, livery or sale stables, horses, 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 amusements or gain, including games of any

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kind, etc.; also to regulate the sale of wines, beers, ales and other drinks in said town, and fix on said business a tax for the use of said town, to be paid before said business can be engaged in, like other special taxes. They can levy a tax, not to exceed one per cent, on the gross sales of commercial fertilizers sold in said town, to be collected out of the person selling, whether he is agent or principal, and said persons shall disclose under oath the gross amount of their sales when required by council, and to provide punishment for any violations thereof; to levy a tax on all dogs and stock of any kind running at large in said town, and exercise any other power, necessary in the judgment of the council, that will be for the best interest of the health, peace and good order of the town. General corporate powers. Sec. IV. Be it further enacted, etc. , That said mayor shall hold his police courts at such times as may in his discretion secure the public interest, to try offenders for all violations of any rules or ordinances prescribed for the government of said town, and may punish for the violation of the same by such fines and imprisonment, or work on the streets of said town, or either, in such manner as may be prescribed by ordinances, not to exceed a fine of fifty dollars nor imprisonment for thirty days, and when said mayor is sitting as a court may fine for any contempt offered said court, not to exceed ten dollars or imprisonment not to exceed five days for such contempt. But from all decisions of such mayor (except in cases of contempt) there may be an appeal on such terms as may be prescribed to the mayor and council. Mayor's court. Sec. V. Be it further enacted , That said mayor and councilmen may appoint a clerk and treasurer and marshal, and prescribe their duties, and require them to give such bond, in such an amount, as they may fix, conditional for the faithful performance of their duties, and to fix their compensation. Subordinate officers. Sec. VI. Be it further enacted, etc. , That said mayor and councilmen shall require their clerks to keep a complete record or minutes of all their proceedings, and require their treasurer to keep an itemized statement of all moneys received by him from every source, when and to whom paid out, and take and file his vouchers for all such payments, all of which books shall be open to the inspection of any citizen of said town at any time. Minutes, etc. Sec. VII. Be it further enacted, etc. , That in the event of the absence of, or sickness of the mayor, or from any reason he cannot act, said councilmen may select one of their number mayor pro tem. , who shall be required to perform all the duties of the mayor. Mayor pro tem. Sec. VIII. Be it further enacted, etc. , That the salary of the mayor and other officers shall be fixed by the mayor and councilmen at their first meeting in each year, which shall not be changed during their term. Salaries. Sec. IX. Be it further enacted, etc. , That the mayor shall be chief executive officer of said town, and shall cause all offenders against any ordinances of the town to be arrested by the marshal, or any police officer, when engaged in the act, without a warrant, and held

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in custody by placing him in the guard-house until his case can be disposed of by the mayor. Power and duties of Mayor. Sec. X. Be it further enacted, etc. , That the mayor shall be an ex-officio Justice of the Peace in said town, and if it is ascertained on investigation of any offender that some criminal law of the State has been violated, said mayor shall commit the defendant to the Superior Court to answer for trial. Mayor a magistrate. Sec. XI. Be it further enacted, etc. , That said mayor and council shall have the power to provide by ordinance how any bond that may be taken, payable to them, for the appearance of any offender before the mayor, may be forfeited. Bonds. Sec. XII. Be it further enacted, etc. , That it shall be the duty of the marshal, after the taxes have been assessed, to collect the same, and if the same is not paid on demand of the marshal, the mayor shall issue his execution for said taxes and fines, which shall be imposed by said marshal in the same way sales are made under tax fi. fas for State and county taxes, and that taxes when assessed shall have a lien on the property of the defendant prior to all other liens except for State and county taxes, but shall rank next to them. Collection of taxes Sec. XIII. Be it further enacted, etc. , That if any vacancy should occur in the office of mayor or councilmen from any cause, the same shall be filled by said board. Vacancies. Sec. XIV. Be it further enacted, etc. , That W. W. Lee, the present mayor of said town, T. A. Lingo, D. W. Paulk, H. W. Bridges, C. M. Hooks and Thomas Stevens, the present councilmen of said town, be, and they are hereby clothed with all the powers conferred by this Act to discharge all the duties of mayor and councilmen as required by the same until their successors are elected on the first Saturday in January, 1886, and qualified. Provisional government. Sec. XV. 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 October 7, 1885. AMENDING CHARTER OF GAINESVILLE. No. 295. An Act to amend the second section of 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, approved on the 27th of September, 1883, so as to require all persons voting at elections in said city to have been bona fide residents of said city for the term of six months next preceding said election. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the second section

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of 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, approved on the 27th of September, 1883, be amended by striking out after the word year in the s'ixth line the words, and in the city of Gainesville for thirty days,' and by adding in lieu thereof the words, and that he has been a bona fide resident of said city for the term of six months next preceding said election, so as to make the oath in said section when amended read as follows: 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 that he has been a bona fide resident of said city for the term of six months next preceding said election; 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. Registration of voters. Oath, 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 October 7, 1885. AMENDING CHARTER OF WAYCROSS. No. 296. 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, approved December 12, 1882. 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 striking out from the 2nd section thereof, between the words mile and in, the words and a half, so that said section when amended will read as follows: 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 in either direction from the present county courthouse. Corporate limits extended. Sec. II. Be it further enacted , That the provisions of this amendment shall not be of effect until the same shall have been ratified by a majority of all the legal voters residing within the present corporate limits of said town at an election to be held for that purpose. Must be ratified by vote of citizens. 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 7, 1885.

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AMENDING CHARTER OF BUFORD. No. 299. An Act to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, so far as relates to the sale of spirituous, malt, vinous or other intoxicating liquors in said town, and for other purposes, approved February 27, 1874. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, section second of the aforesaid Act be amended by striking out all of said section between the words annually and dollars and insert in lieu thereof the words of one thousand, and by striking out all of said section after the word in, and insert in lieu thereof the words any quantity, so that said section, when so amended, shall read as follows: That the fourth section of the above first recited Act be so amended as to read as follows: Said commissioners shall have power to levy and collect a tax annually of one thousand dollars upon every person, firm or corporation that may at any time after said election sell intoxicating liquors of any kind inside of said corporation in any quantity. Sale of liquors. 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 October 7, 1885. AMENDING CHARTER OF THOMASTON. No. 300. An Act to amend the charter of the town of Thomaston, and Acts amending the same, and provide for establishing fire limits; for appointment of tax assessors; for fixing a limit to salaries of mayor and council, and to change the time for election of mayor and council of said town, and other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the charter of the town of Thomaston, and Acts amending the same, be amended as follows: That the mayor and council shall have power, and it shall be their duty to establish and fix fire limits in said town, and from time to time to extend and enlarge the same in their discretion, within which fire limits it shall not be lawful for any one to erect other than fire-proof buildings or structures of any kind whatever; and

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should any one erect, or cause to be erected, any building or other structure not fire proof within the fire limits so established, the mayor and council, after giving ten days' notice, shall cause the same to be removed at the expense of the owner, 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 within ten days after being notified to do so, he or she may be fined not exceeding thirty dollars or imprisoned not exceeding twenty days for each and every day they fail or refuse to comply with said notice, and should any person after like notice continue to work on and erect such building or other structure, they shall be liable to like penalties. Said mayor and council shall have power to determine what buildings or other structures are fire-proof and what not. Establishing fire limits. Removal of structures. Failure to remove. Sec. II. Be it further enacted , That said mayor and council are authorized and required, at their first regular meeting of each official year, to appoint a tax assessor, or assessors, should more than one be necessary, to assess the taxable property of said town, and to perform such other service as may be required in connection with said office. The mayor and council shall fix the compensation of such assessors, and require and take bond with good security in such amount as they deem fit for the performance of the duties of their office. The mayor and council are empowered to remove or discharge such assessor or assessors for any cause they may deem sufficient therefor. In case of vacancy in said office from any cause, the said mayor and council shall fill the same by appointment without delay. Tax assessors. Compensation, bonds, etc. Sec. III. Be it further enacted , That should any property owner be dissatisfied with the assessment of their property, he or she shall have the right to appeal from said assessment to the mayor and council; Provided , such appeal be made within ten days after the time fixed for the return of the assessor or assessors, which returns shall be made by the first of August of each year. Appeal from assessment. Sec. IV. Be it further enacted , That at the first regular meeting of each year, the mayor and council elect shall fix the salaries and compensation of the mayor and councilmen, the whole of which shall never exceed one-tenth of one per cent. of the taxable property of said town, as shown by the valuation of the preceding year. Salaries of officers. Sec. V. Be it further enacted , That the time for holding election of mayor and council be changed to the first Monday in December of each year, and the installation be on the first day of January of each year, except it be on Sunday, then the installation shall be on Monday following. Elections 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 October 7, 1885.

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INCORPORATING TOWN OF TALLULAH FALLS. No. 302. An Act to incorporate the town of Tallulah Falls, in the county of Rabun, and to appoint commissioners for the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the town of Tallulah Falls, in the county of Rabun, is hereby incorporated, and the limits of said town shall extend for one half a mile in every direction from the depot of the Northeastern Railroad at Tallulah Falls. Corporate limits. 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 said town, and that Wm. D. Young, R. L. Moss, T. A. Robinson, J. M. Cartledge and William Berry are hereby appointed said board, who shall hold their offices until the first Saturday in January, 1886, or until their successors are elected and qualified as hereinafter named. Town government. Sec. III. Be it further enacted , That the successors of said board shall be elected on the first Saturday in January, 1886, and annually thereafter at the same time an election shall be held for board of commissioners of said town, said election to be held and conducted as members of the General Assembly are elected, and the laws governing election of members of the General Assembly are hereby made applicable to the election of said officers for said town, and said board, after the first of January, 1886, shall give notice of said election to the voters of said town. No one shall vote at elections in said town who are not qualified to vote for members of the General Assembly in said county, and who have not resided six months in said town, and who have not paid all taxes due said town. Elections. Sec. IV. That said board shall elect one of their number as chairman, and shall have power to appoint a marshal, treasurer or any other officer needful to govern said town, and to fill by appointment all vacancies that may occur on said board until the next regular election of commissioners, and said officers shall be sworn to faithfully and impartially discharge the duties of their offices, which oath shall be filed and entered upon the minutes of said board. Town officers. Vacancies. Oaths. Sec. V. Be it enacted , That said board shall be a body corporate under the name and style of the board of commissioners for the town of Tallulah Falls, and shall be capable of suing and being sued, plead and impleaded in any court of law in this State; shall have power to pass and enact all laws and ordinances which may seem to them proper and just, not repugnant to the laws of this

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State and the United States, and to punish all offenders by fine, not to exceed fifty dollars, or imprisonment, or work upon the streets of said town not more than thirty days, and either or all of these penalties may be imposed, at the discretion of a majority of said board. General corporate powers. Sec. VI. Be it further enacted , That said board of commissioners shall have power and authority to levy and collect a tax, not exceeding the rate of tax of the State, on all the real and personal property in said town subject to State tax, and to levy and collect a special tax on all shows and exhibitions for gain. Tax. Sec. VII. Be it further enacted , That said board of commissioners shall have full power to regulate the sale of intoxicating liquors, and to fix the price of license for the retailing of the same in said town; Provided , said tax or license shall be less than the State or county imposes for license to retail spirituous liquors, and to fix the price of license that said board may agree upon any sum that a majority of said board may concur in, or to prohibit the sale of said liquors within the corporate limits of said town, should a majority of said board so determine. Sale of liquors. Sec. VIII. 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 residing within the corporate limits. subject to road duty under the laws of said State, to work on the said streets the number of days prescribed for road hands by the State laws, or to pay in money such commutation as the said board may fix in lieu of said work, not exceeding one dollar per day. Working streets. Sec. IX. Be it further enacted , That the chairman of said board shall be ex officio a Justice of the Peace so far as the issuing warrants against any offender against the penal laws of this State within the corporate limits of said town, and bind them over to the Superior Court, and in default of bond to commit them to the common jail of said county. Chairman of board magistrate. 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 October 7, 1885. AMENDING CHARTER OF MARIETTA. No. 313. An Act to amend the charter of the city of Marietta, in Cobb county, granted January 22, 1852, and to amend the Act amendatory thereof, passed October 20, 1879, and to confer additional powers on the mayor and council of said city, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the second section of said charter, as amended by the Act, approved

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October 20, 1879, relating to elections in said city, be repealed, and the following provisions enacted to stand in lieu thereof and to be known as section second of said charter, to-wit: That on the second Tuesday in December next, occurring after the passage of this Act, 1885, and biennially on said day thereafter, an election shall be held in said city for a mayor and six members of council to serve for two years and until their successors are elected and qualified. Any person legally entitled to vote at said election shall be elegible to any of said offices; said election shall be presided over by one Justice of the Peace of said county and two freeholders of said city, or by three freeholders of the city, in the event no justice is present to act; no person presiding shall be a candidate at said election, and should a candidate preside and be elected, he shall not be allowed to discharge the duties of the office, but his place shall be declared vacant by the mayor and city council of their own motion, or on complaint of any citizen, and an election, ordered to fill the vacancy, and the same person shall not be elegible for election at said special election, with this exception, the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give certificates to that effect, which shall be recorded by the clerk of council on a page of the book of minutes, or in a book kept for the purpose, and which record shall be held and esteemed as the highest evidence of such election and of their authority to act; the mayor shall appoint some member of council to act in his absence, sickness, disqualification or inability to act; said person when so acting shall have all the powers of mayor and shall be known as mayor pro tem. ; said mayor and council shall have power to organize such police force as the needs of the city may require, and to pass such by-laws, rules and regulations respecting fire department, cisterns, park, sidewalks, lamps, hogs, cattle, goats and other animals running at large, pavements, cemeteries, and the valuation of property for taxation by assessors or otherwise, and to provide by ordinance for arbitration in case of disagreement between the tax-payer and the city authorities as to the valuation of such property; the salary of the mayor shall be fixed by the council at the first meeting, but shall not exceed the sum of two hundred dollars per annum. Elections. Mayor pro tem. Police force, by-laws, etc. Salary of Mayor. Sec. II. Be it further enacted by the authority aforesaid , That said original charter be amended by striking section three therefrom relating to qualification of voters and punishment of illegal voting, and by substituting in lieu thereof the following, which shall be known as section three: That no person shall be entitled to vote at said elections except he be duly qualified to vote for members of the Legislature, and shall have bona fide and constitutionally resided in said city, as a citizen thereof, for thirty days next preceding any municipal election therein at which he offers to vote, and if challenged, he shall so swear. Any person voting at such election contrary to the provisions of this section shall be guilty of a misdemeanor, and on indictment and conviction thereof in any court

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having jurisdiction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Qualification of voters. Illegal voting. Sec. III. And be it further enacted , That the sixth section of said original charter, as amended by the Act of October 20th, 1879, relating to election of treasurer, etc., be repealed, and the following section, to be known as section 6, shall be substituted in lieu thereof: That the mayor and members of council, at their first meeting after their election, or as soon thereafter as practicable, shall proceed to elect by ballot a treasurer, a clerk of council, a marshal, and if they deem it necessary, a deputy marshal or marshals, street overseer, sexton and surveyor, and the treasurer, clerk and marshal each shall hold his office until the next city election, and until his successor is elected and qualified, unless sooner removed by said mayor and council for neglect of duty, incompetency or malpractice in office; but the deputy marshals, street overseers, sexton and surveyor may be elected or dismissed at the pleasure of the council, and vacancies in any of said offices may be filled by election for the unexpired term, and the salaries, commissions and fees of said officers shall be fixed by the mayor and members of council before the election of said officers, and shall not be increased or diminished during their continuance in office. The treasurer's salary shall not exceed fifty dollars per annum. No member of council shall be eligible to hold either of the above offices. Subordinate officers. Sec. IV. Be it further enacted , That section twelve of said original charter, relating to street duty, etc., is hereby re-enacted, with additions thereto, as follows: That the said mayor and council of the the city of Marietta shall have power and authority to call out each and every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to do road and street duty, according to the laws now in force in this State, or the said mayor and council shall have power to levy and collect a tax for the purpose of having the roads and streets kept in good order, which shall be a commutation for road duty; ten days' residence in said city at any time during the year shall render any road hand liable to street duty therein; but if said hand has done road duty elsewhere during the year before coming into said city, the number of days already worked shall be deducted from the number of days' work required of street hands in said city. Street defaulters shall be fined not more than three dollars a day for each day they fail or refuse to work, and on failure to pay said fine and costs, the mayor shall issue warrants for the arrest of said defaulters, who shall be punished as prescribed in section sixteen of the charter of said city as amended by Act of October 20th, 1879. Street working. Sec. V. Be it further enacted , That section thirteen of said charter, as amended by Act of October 20th, 1879, relating to levy of taxes, etc., be amended by striking therefrom the following words: to levy a tax not exceeding the State tax upon all persons, professions and property within the limits of said city, and by substituting therefor the following words: to levy a tax of not exceeding

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three and one half tenths of one per cent. upon all property within the limits of said city, so that said section shall read as it now does, except that said substituted words shall take the place of those stricken. Levy and collection of taxes. Sec. VI. Be it further enacted , That section seventeen of said original charter relating to salaries of officers, duties, etc., be amended by striking from the beginning thereof the following words: That the mayor of said city shall receive for his services such sum per annum as may be fixed by the city council, and by substituting in lieu of said words the following: That the mayor of said city shall receive for his services such sum per annum, not exceeding two ($200.00) hundred dollars, as may be fixed by the council at the first meeting after their election, or so soon thereafter as convenient. The salary of the clerk of the council shall not exceed fifty dollars per annum, and five per cent. for receiving and five per cent. for collecting the general taxes, and as compensation for making out a list of street hands, collecting the commutation taxes and entering in a permanent record the names and amounts of those who paid said taxes, and the names of those who work the streets or are excused or fined, etc., the clerk shall receive ten per cent. of all the street taxes which he may collect, and such fees as council may prescribe for other services, so that said section shall read as it now does, except that said substituted words shall take the place of those stricken. Salaries of officers. Sec. VII. Be it further enacted , That section nineteen of said original charter, relating to the levy of additional and special taxes, be repealed and the following enacted in lieu thereof as section nineteen: That the mayor and council of the city of Marietta shall have full power and authority to levy a tax, in adsdition to the taxes levied by the provisions of the thirteenth section of this Act, on all billiard tables, pool tables, roulette tables, or other tables kept or used for the purpose of playing or gaming or renting, and on all ten-pin alleys, nine pin alleys or alleys of any kind, which are kept or used for the purpose of playing on with pins and balls, or either, or for the purpose of renting the same, and on all peddlers, itinerant traders, persons beginning a new business or calling, or traveling vendors of patent medicines, soaps, notions or other articles, and the said mayor and council shall have power and authority to levy and collect a tax of not exceeding fifty dollars for each exhibition from all itinerant show-masters who may exhibit within said city any shows, circus riding, tumbling, sleight-of-hand, tricks of legerdemain, or any other kind whatever coming under the description of shows, and all traveling concerts, theatricals and companies or persons performing, showing or exhibiting for pay, except upon local amateurs, all of which taxes shall be fixed by said mayor and city council, or by the mayor under the authority of the council, and collected according to the provisions of the fourteenth section of this charter. Special taxes.

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Sec. VIII. Be it further enacted , That section twenty of said charter, as amended by Act of October 20, 1879, be amended by striking out the words not less than fifty dollars, in the fifth line, and by substituting therefor the words not less than five hundred dollars, so that said section shall read as it now does, except that said substituted words shall stand in the place of those stricken. Section 20 of charter amended. Sec. IX. Be it enacted , That said twentieth section shall be further amended by adding thereto the following proviso: Provided further , that said mayor and council may authorize the sale at auction of household and kitchen furniture and other second hand personal property, and live stock, upon such terms as to license as they may prescribe; but this shall not authorize to auction of merchandise, except it be to close out the stock of a resident merchant or trader of the city. Auction sales. Sec. X. 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 are hereby repealed. Approved October 9, 1885. INCORPORATING TOWN OF SPRING PLACE. No. 327. An Act to incorporate the town of Spring Place, in the county of Murray, State of Georgia; to provide for a board of five commissioners; 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 Spring Place, Murray county, Georgia, shall extend one-half mile in every direction from the court-house in the public square of said town; that it shall be known and distinguished as the town of Spring Place. Corporate limits. Sec. II. Be it further enacted , That the government of said town shall be vested in five commissioners, and the present commissioners shall remain in office until the expiration of their term, after which the commissioners shall be elected on the first Saturday in January of each year, and shall hold their office 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 chairman of the board of commissioners then in office may order an election by giving at least five (5) days' notice thereof by publication or by written notice at the court-house door. 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

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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 days after the election; and the managers of such election shall issue certificates of election to such persons who shall receive the highest number of legal votes; but no person shall be eligible to said office nor qualified to vote at said 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. Government of town. Elections. Sec. III. Be it further enacted , That, before entering on the discharge of their duties, the said commissioners shall take and subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as commissioner of the town of Spring Place to the best of my ability and understanding. So help me God. Oath. Sec. IV. Be it further enacted , That said commissioners shall elect a chairman to preside over their meetings, and that said chairman and commissioners shall have and exercise any and all of the powers enumerated in section 786 of the Code of Georgia enacted for the government of towns and villages of this State. Chairman. Sec. V. Be it further enacted , That the chairman of said board of commissioners shall be ex officio a Justice of the Peace, and shall have full authority to issue warrants for any offenses 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 when the offense is bailable, or commit him to jail for any violation of the laws of this State; to try offenders for violations of all laws, rules and regulations prescribed for the government of said town, and to punish violators of the same by such fines and imprisonments, or work on the streets and sidewalks of said town, or either, as may be prescribed by said chairman and commissioners; offenders may be imprisoned either in the common jail of the county or in a house erected for that purpose, and when sitting as a court the chairman may fine and imprison for contempt, not to exceed five (5) dollars or (1) one day imprisonment, but from all decisions of the chairman imposing penalties for violating the rules and regulations of said town, there may be an appeal to a full board of commissioners, a majority of whom shall decide as to the guilt or innocence of the accused and the punishment therefor. Chairman as magistrate. Sec. VI. Be it further enacted , That said commissioners 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. Ordinances, etc. Sec. VII. Be it further enacted , That said board of commissioners shall have power to levy and collect an annual tax of not exceeding

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one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town, according to its value on the first day of April of the year in which said tax is levied; they shall also have power to require all persons within the corporate limits of said town, who are subject to road duty under the laws of this State, to work on the streets and sidewalks of said town not exceeding fifteen (15) days in each year, or they may require in lieu thereof a commutation tax not exceeding five ($5) dollars. Taxes. Sec. VIII. Be it further enacted , That said commissioners shall have full power and authority to enforce the collection of taxes levied on any or all property in said town by levy and sale under and by process of execution issued by the chairman of said board of commissioners, and sold by the marshal of said town in the same manner as State and county taxes are collected. Levy and sale for taxes. Sec. IX. Be it further enacted , That for a failure to work on the streets and sidewalks when notified, the offender subjects himself to be fined not exceeding ($2) dollars per day, the collection of which may be enforced by execution, levy, sale or by imprisonment, unless he will pay the commutation tax imposed by the commissioners, which may be collected in the same manner in which the taxes are collected. Street work. Sec. X. Be it further enacted , That said board of commissioners may elect a secretary, treasurer and marshal, and prescribe their duties, not inconsistent with the laws of this State, take bonds and fix the compensation. The secretary and treasurer may be elected from the commissioners. Subordinate officers. Sec. XI. Be it further enacted , That said chairman and commissioners 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, etc. Sec. XII. Be it further enacted , That in the absence, disqualification or sickness of the chairman, any member of the board may act in his stead. Sec. XIII. Be it further enacted , That said chairman and commissioners shall have full power and authority to work on the streets of said town, not exceeding ten days, any person or persons convicted of a violation of the ordinances of said town when said person or persons refuse or fail to pay the fine imposed. Street work by offenders. Sec. XIV. Be it further enacted , That the chairman of said board of commissioners, and in his absence, sickness or disqualification from any cause, the chairman pro tem . (who shall be elected by the commissioners from among their number) shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the commissioners 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 to see that the good order and peace of the town are preserved, and the persons and property therein, and to this end may cause the arrest and detention of riotous and disorderly persons in said town.

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He shall have power to issue executions for all fines, penalties and costs imposed by him or by the commissioners, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender or order him to be worked on the public streets and sidewalks of said town under such regulations as the commissioners may adopt not exceeding ten days. Powers and duties of chairman. Sec. XV. Be it further enacted , That if at any time the office of commissioner shall become vacant by death, resignation or otherwise, the remaining commissioners may fill such vacancy by appointment from among the citizens of said town eligible to such officer under the provisions of this Act. Vacancies. Sec. XVI. Be it further enacted , That all laws heretofore passed incorporating said town of Spring Place, or in anywise regulating the municipal government thereof, be, and the same are hereby repealed. Approved October 9, 1885. AMENDING CHARTER OF VERNONBURG. No. 330. An Act to amend an Act entitled an Act to incorporate the town of Vernonburg, in Chatham county, approved March 6, 1866, by reducing the corporate limits of said town of Vernonburg, 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 an Act entitled an Act to incorporate the town of Vernonburg, in Chatham county, be, and the same is hereby amended as follows, to wit: by striking out all of section first of said Act after the enacting clause and subtituting in lieu thereof the following, to-wit: That all that district or tract of land, situated and lying in the county of Chatham and said State, included between Vernon river and the neighborhood road running west of the lots of T. F. Churchill, W. S. Rockwell and the estate of John Ryan, deceased, and the projection of said neighborhood road, in a straight line north and south to said Vernon river, shall be hereafter known and designated as the town of Vernonburg, and as such and by such name is hereby incorporated, so that when said section is so amended it will read as follows: Corporate limits reduced. Section I. The General Assembly of the State of Georgia do enact as follows: That all that district or tract of land situated and lying in the county of Chatham and said State, included between Vernon river and the neighborhood road running west of the lots of T. F. Churchill, W. S. Rockwell, and the estate of John Ryan, deceased, and the projection of said neighborhood road in a straight line north

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and south to said Vernon river, shall hereafter be known and designated as the town of Vernonburg, and as such and by such name is hereby incorporated. 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 October 9, 1885. ENLARGING POWERS OF BOARD OF HEALTH OF MACON. No. 333. An Act to enlarge the powers of the board of health of the city of Macon as to the abatement of nuisances; to prescribe and fix the manner of said abatement, 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, in all cases where the board of health of the city of Macon, under the provisions of this Act, approved September 16, 1881, and the ordinances passed to carry the same into effect, shall cause written notice to be served upon any person in said city, or upon the agent of any non-resident person owning property in said city, requiring the abatement of a nuisance upon such person's property, and the person so notified fails or refuses to abate the nuisance within the time prescribed and required by said board, it shall be lawful for said board of health to procure the necessary hands and have said nuisance abated; whenever this is done it shall be the duty of the chairman of the board of health to make a written report of the fact to the mayor of the city setting forth the necessity for the same and the cost thereof; the mayor shall approve the said report and file it with the treasurer of the city, and the treasurer shall immediately issue execution, in the name of the mayor and council, against the owner of the property, as well as against the property itself, upon which the nuisance was located, if desired, for the full amount of the expense of such abatement as shown by said report and the execution be issued, shall be levied by the marshal of said city, upon any property of the defendant in the city, and all other proceedings thereon shall be the same as in cases of executions for taxes due to said city; sales under the executions herein provided for shall vest all the title of the defendant in the purchaser. Abatement of nuisances. Sec. II. Be it further enacted by the authority aforesaid , That the abatement of a nuisance in the manner provided in the foregoing section shall not exempt the person refusing to abate the same from punishment before the recorder's court under any ordinance of said board of health passed under the provisions of said Act of September 16, 1881. Punishment for failure to abate.

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Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 10, 1885. RE-INCORPORATING TOWN OF CUMMING. No. 334. An Act to repeal an Act entitled an Act to incorporate the town of Cumming, in Forsyth county, and for other purposes, approved December 27, 1845, and to re-incorporate said town, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled an Act to incorporate the town of Cumming, in Forsyth county, and for other purposes, approved December 27, 1845, be, and the same is hereby repealed. Old charter repealed. Sec. II. Be it further enacted , That from and after the passage of this Act, the municipal government of said town of Cumming be vested in a mayor and five commissioners, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Cumming; to have perpetual succession, with right to sue and be sued plead and be impleaded in any court of law or equity in the State; to contract and be contracted with, and do all acts relating to their corporate capacity; to purchase, have, hold and retain to themselves and their successors, for the use and benefit of said town, any lands or other property within the limits of said town with full power of disposition thereof. Government. Corporate name. General powers. Sec. III. Be it further enacted , That the corporate limits of said town shall extend five hundred yards in every direction from the court-house in said town, except west, in which course it shall extend to embrace the present residence of John O. James, including his lot and stables, and all persons living upon either of the two streets leading west between said residence and said town, and on the street leading north, known as the Trible Gap road, upon which street said corporation shall extend to the rocky branch. Corporate limits. Sec. IV. Be it further enacted , That so soon after the passage of this Act as practicable, the mayor and council of said town shall measure off and lay out said town and post the jurisdictional limits of the same upon each of the public roads leading out from said town, and keep the same so posted and definitely and plainly marked. Marking the limits. Sec. V. Be it further enacted , That said mayor and councilmen shall be chosen by the electors resident within said corporate limits, who are qualified to vote for members of the General Assembly,

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who shall have been bona fide residents of said town for three months immediately prior to the election at which said elector may offer to vote. Said mayor and councilmen shall be chosen annually on the third Monday in December, and shall hold their office for one year. Any person qualified to vote for mayor and councilmen shall be qualified to hold either of said offices. Elections. Sec. VI. Be it further enacted , That such election for mayor and councilmen shall be held by the Ordinary, Clerk of the Superior Court, commissioner of roads and revenues of said county, or any justice of the peace or notary public of said county, and one freeholder, who shall take the oath required of managers of other elections in this State, and such managers shall give to the persons receiving the highest number of votes at such election a certificate of election. Said election shall be held in the court-house in said town, and the polls opened at 12 o'clock m. and remain open until 3 o'clock p. m. Regulations of elections, etc. Sec. VII. Be it further enacted , That said mayor and councilmen, before entering upon the duties of their office, shall go before some officer authorized to administer oaths in this State and take and subscribe to the following oath: I do solemnly swear that I will, to the best of my ability, faithfully discharge the duties of mayor or councilman (as the case may be) of the town of Cumming during my continuance in office. So help me God. Which oath, together with their certificate of election, shall be filed with the clerk of said board of mayor and councilmen of said town, and by him recorded in a book to be kept for promiscuous records of said board. Oath. Sec. VIII. Be it further enacted , That the mayor of said town shall be the chief executive officer of the same, and shall preside over the meetings of the board of councilmen, see to the execution and enforcement of all the laws and regulations of said town, approve the bonds of any officer of said town required to be taken, shall have authority to call a meeting of the council for the transaction of any business whenever he may deem the same necessary, and to compel the attendance of the members in such manner as may be prescribed by the council. Duties and powers of mayor. Sec. IX. Be it further enacted , That said board shall select from among their own members a clerk, whose duty it shall be to keep a correct minute and record of all the meetings and proceedings of said council, to issue all notices, fi. fas. , rules, precepts, summons and other papers which may be necessary in the enforcement of the ordinances of said town, and to receive and collect all the taxes that may be assessed or levied in said town. They shall also select in like manner a treasurer, whose duty it shall be to receive and safely keep all moneys belonging or coming to said town, and pay the same out only on order of the mayor and council of said town, and either of the constables of the militia district in which said town is situated shall be, and are hereby authorized, empowered and required to serve all notices, rules, processes, summons and other papers of said council, and to levy and collect all fi. fas. and enforce all orders of said

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council necessary to be enforced, and discharge all the duties that a marshall of said town might or could do, and to charge and collect the same fees as are now allowed by law to constables for like services by the State. Clerk Treasurer. Service of notices, etc. Sec. X. Be it further enacted , That the mayor and council of said town shall have all the authority and be charged with all the duties prescribed by sections 786, 786(A), 786(B), and 786(C) of the Code of 1882, revised for this State, and that said sections, together with sections 787, 788, 789, 790, 791, 793, 794 and 796 of said Code, as well as sections 782 and 784 of the same, be, and the same are hereby taken and considered as enacted as a part of this Act and made applicable to said town. Municipal powers. Sec. XI. Be it further enacted , That for a failure to discharge the duties of their offices, so far as the same relate to working and keeping in repair the streets and sidewalks of said town, said mayor and councilmen shall be subject to punishment as road commissioners in this State are now subject, and all the laws applicable to such road commissioners are hereby made applicable to said mayor and council. Failure of duty by officers. Sec. XII. Be it further enacted , That in the absence of the mayor, the council shall select one of their members to act as mayor protempore , who, while acting as such, shall have all the powers of mayor. Mayor protem. 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 October 10, 1885. COLLECTION OF COSTS OF SEWERS, PAVING, ETC., IN ATLANTA. No. 343. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to enlarge the summary and other legal remedies for assessing and collecting the cost of sewers and of grading, paving, macadamizing and otherwise improving for travel and drainage the streets and public lanes and alleys of said city, and to authorize assessment and execution against street railroad companies having tracks running through the streets of said city so improved, and confer upon said city all the remedies to collect said assessment from said street railroads that it now has to enforce collection out of the real estate abutting on each side of the street so improved, the provisions of this Act to apply to work hereafter to be done for street railroads, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever said city shall undertake the improvement of a

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street, or part thereof, under the provisions of an Act to amend the charter of said city, approved September 3, 1881, and shall notify any street railroad company having tracks running through said street, or part thereof, to macadamize or otherwise improve, as the commissioners of streets and sewers may direct, the width of its track, and for three feet on each side of every line of track now or then in said street, or part thereof, and said street railroad company shall fail to commence in fifteen days and carry on to completion said work, then, and in that event, the said city may have said work done, and all the remedies provided in said Act, approved September 3, 1881, to enforce collection out of the real estate abutting on each side of the street so improved, and the time therein given, shall apply to the collection of said assessment for the work done for said street railroad; Provided , that this Act shall not effect any pending litigation or work heretofore done. Remedy against street railroad companies for improvement of streets. Proviso. Sec. II. Be it enacted . That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1885. AMENDING CHARTER OF McDONOUGH. No. 348. An Act to amend the charter of the town of McDonough, in the county of Henry; to reduce 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 authority of the same , That 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, approved September 18, 1883, be, and the same is hereby amended by striking out of section one of said Act, which reads as follows, 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, the words one mile, in the third line of said section, and inserting in lieu thereof the words, one-half mile, so that said section when amended will read as follows: That the corporate limits of the town of McDonough, in the county of Henry, shall extend one-half mile in every direction from the court-house. Corporate limits reduced. 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 October 12, 1885.

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AMENDING CHARTER OF MAYSVILLE. No. 361. An Act to amend an Act, approved September 30, 1879, incorporating the town of Maysville, in the counties of Jackson and Banks, so as to appoint new commissioners to effectuate the aforesaid Act, and for other purposes. Whereas, The town of Maysville was incorporated in the year 1879 by an Act of the General Assembly; and whereas, the government of said town was never organized by reason of the death and removal of a majority of the commissioners provided therefor in the Act of incorporation: therefore, Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That section first of the Act of September 30, 1879, incorporating the town of Maysville be amended in the fourth line thereof by striking out the words three-fourths of one mile, and inserting in lieu thereof the words, one-half of one mile, so that said section as amendeded shall prescribe the corporate limits of said town one-half mile in every direction from the Northeastern Railroad depot. Corporate limits. Sec. II. Be it further enacted by the authority aforesaid , That section second of the above-recited Act be amended by striking the names, George E. Deadwyler, Thomas J. Caw, P. P. Casay and Perino Boon, and inserting in lieu thereof the names, W. J. Comer, M. P. Alexander, G. W. Brown and H. H. Hale, so that said section as amended shall contain the names of the following persons as commissioners of said town of Maysville, to-wit: Hugh Aikins, W. J. Comer, M. P. Alexander, G. W. Brown and H. H. Hale. Provisional government. Sec. III. Be it further enacted by the authority aforesaid , That no person shall vote at any municipal election in said town who shall not have resided within the corporate limits of said town for thirty days next preceding such election, and who shall not have paid all taxes due said town previous to the year in which such election is held. Qualifications of voters. Sec. IV. Be it further enacted by the authority aforesaid , That the chairman of said board of commissioners shall have power to impose fines, not to exceed one hundred dollars, and to imprison, not to exceed thirty days, all persons who violate, any ordinances of said town, or he may require offenders to work out the amount of such fine and costs on the streets of said town at the rate per day paid to street hands; Provided , said term of labor shall not exceed thirty days. Punishment of offenders. Sec. V. Be it further enacted by the authority aforesaid , That said commissioners shall have power to provide by ordinances for the collection of all taxes levied by them upon the property of the citizens of said town, or any property subject to taxation by said town,

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and said commissioners may levy a poll tax upon the citizens of said town, not to exceed one dollar per capita, for street purposes. Taxes. Sec. VI. Be it further enacted by the authority aforesaid , That said commissioners shall have power to proceed to organize and carry out the provisions of the Act of September 30, 1879, and of this Act, immediately upon the passage thereof. Organization. Sec. VII. Be it further enacted by the authority aforesaid , That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 13, 1885.

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TITLE II. COUNTY OFFICERS. ACTS. Election in Henry county as to abolishing board of county commissioners. Election, compensation, etc., board of commissioners of Lee county. Amending Act for erection of court house in Randolph county, etc. Abolishing county commissioners of Marion and Worth counties. Clerk of Bibb Superior Court required to provide certain indexes, etc. Abolishing county commissioners of Cobb county. Compensation of clerk of county commissioners of Montgomery county. Salary of Treasurer of Decatur county. Creating board of commissioners of Carroll county. Salary of Treasurer of Carroll county. Abolishing county commissioners of Dooly county. Composition, etc., of county commissioners of Screven county. Abolishing county commissioners of Twiggs county. Increasing powers of commissioners of Floyd county, etc. Amending Act creating commissioners of Sumter county. Increasing pay of tax receiver of Bibb county. Sale of insolvent tax fi. fas. of Dodge county. Creating board of county commissioners of Hancock county. Pay of county commissioners of Walker county. Pay of county commissioners of Warren county. Abolishing county commissioners of Echols county. Abolishing county commissioners of Appling county. Pay of county commissioners and board of education of Jefferson county. Election for county commissioners of Monroe county. Selection of county school commissioner for Rabun county. Creating board of county commissioners of Heard county. Powers of Tax Collector of Lowndes county as to tax fi. fas. Disposition of county convict hire in Rockdale county. Consolidating Clerk Superior Court and Treasurer of Columbia county. Powers, duties, etc., county commissioner of Forsyth county. Enlarging powers of county commissioners of Muscogee county. Board of tax assessors for Richmond county.

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ELECTION IN HENRY COUNTY AS TO ABOLISHING BOARD OF COUNTY COMMISSIONERS. No. 9. An Act to provide for an election in Henry county on the question of abolishing the board of county commissioners of said county. 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 immediately after the passage of this Act, the Ordinary of the county of Henry shall order an election in said county on the question of abolishing or retaining the board of county commissioners of said county, notice of said election to be published once in a newspaper published in said county, and not to occur in less than ten days from the date of such publication. Election to be ordered. Notice. Sec. II. Be it further enacted by the authority aforesaid , That the qualification of voters in said election and the manner of holding the same shall be the same as provided by law for the election of members of the General Assembly of this State, and the managers of said election shall make the returns of the same to the Ordinary of said county, who shall consolidate the votes and declare the result. Qualification of voters. Returns. Sec. III. Be it further enacted by the authority aforesaid , That at said election the voters in favor of abolishing the board of county commissioners of said county shall have written or printed on their tickets the words, Against Commissioners, and those in favor of retaining said board of commissioners shall have written or printed on their tickets the words, For Commissioners. Ballots. Sec. IV. Be it further enacted by the authority aforesaid , That upon consolidating the votes cast at said election, if a majority of the same should be against commissioners, then, and in that event, the board of commissioners of roads and revenues in and for said county shall be abolished, and an Act entitled an Act to provide for the creation of boards of commissioners of roads and revenue in the counties of Cobb, Dooly, Henry and Telfair in this State, and to prescribe their powers and duties and to fix their compensation, and the pay of the officers employed by them, passed by the General Assembly of this State at the session of 1878 and 1879, page 340 of the Acts of 1878 and 1879, and approved September 29, 1879, be, and the same is hereby repealed so far as it relates to the county of Henry. Result of election. Sec. V. Be it further enacted by the authority aforesaid , That if, upon the consolidation of the votes cast at said election, it shall appear that a majority are against commissioners, and the Ordinary shall so declare, it shall be the duty of the board of county commissioners then in office to turn over to the Ordinary of said county all books, papers, etc., in their hands, which they have possession of by virtue of their office, and it shall be the duty of said Ordinary to attend to

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and complete all unfinished business that may be before said board at the time, and to hear and determine all such cases as may be pending in the commissioners' court at the time, after giving all parties interested ample notice of the time of the hearing. Disposition of books, etc. Sec. VI. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 12, 1884. ELECTION, COMPENSATION, ETC., OF BOARD OF COMMISSIONERS FOR LEE COUNTY. No. 26. An Act to alter and amend an Act to create a board of commissioners of roads and public buildings and public property and finances for the county of Lee, and for other purposes, approved February 28, 1876. Section I. Be it enacted , That from and after the passage of this Act, that the first section of said Act be so changed as to read as follows, to wit: That there shall be elected three commissioners for the county of Lee, to be elected by the Grand Jury of the first week of the Superior Court of said county at the spring term, 1885, as follows, to-wit: one for one year, one for two years, and one for three years, and one at every subsequent spring term of said jury for the term of three years; that said commissioners shall receive, as compensation for their services, the sum of three dollars per diem for the days of actual service, for which services the Ordinary is hereby authorized to pass necessary orders upon the County Treasurer. Number and election of commissioners. Their compensation. Sec. II. Be it further enacted , That the seventh section of said Act be so amended and changed as to read as follows, to wit: That the Clerk of the Superior Court of said county shall be ex-officio clerk of said board of commissioners, and shall receive as compensation for his services the same pay he now receives for like services in the Superior Court. Clerk of. His compensation. 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 18, 1884.

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AMENDING ACT FOR ERECTION OF COURT-HOUSE IN RANDOLPH COUNTY, ETC. No. 41. An Act to alter and amend an Act, approved September 26, 1883, entitled 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 , That the said Act be amended by striking out all of the same, except section IX, and that section be numbered VI instead of IX, and that in lieu of the matter so stricken from said Act the following sections and matter be inserted, to-wit: Sections up to IX stricken. Re-numbering. Sec. II. Be it enacted , That after the passage of this Act, it shall be the duty of the Ordinary of said county to order an election by the qualified voters of said county, to be held after advertising the same in four suecessive weekly issues of the paper which publishes the Sheriff's sales of said county, on the question of the issuance of bonds of said county under the terms of this Act, said election to be at the same places and conducted in the same manner as elections for county officers, the ballots to bear the words For bonds, or Against bonds, and the returns to be made to said Ordinary, who shall pass upon and declare the result. Election to be ordered. Notice of. Question. Conduct of. Ballots. Returns, etc. Sec. III. Be it further enacted , That if two thirds of the qualified voters voting at said election shall vote For bonds, then said Ordinary shall issue fifteen thousand dollars of bonds of said county, signed by him and countersigned by the County Treasurer, in denominations not less than one hundred nor exceeding one thousand dollars, with attached coupons for eight per cent. interest per annum, payable on the first of January annually on presentation to the County Treasurer, which bonds and coupons shall be expressed to be issued for the erection of a court house in said county, shall be made payable at some convenient place, and the principal of which bonds shall become due as follows, to wit: One thousand dollars on the first day of January, 1890, and one thousand on each first of January thereafter till all are paid. Result of election. Amount, etc., of bonds. Coupons. Purpose of issue. Payment. Sec. IV. Be it further enacted , That for the payment of said bonds and coupons the faith and credit of said county shall be pledged, and the officers authorized to levy taxes for the county purposes of said county are hereby required to provide by taxation for the payment of said obligations as they fall due. Tax to pay.

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Sec. V. Be it further enacted , That upon ascertaining such result of said election, the Ordinary shall certify that fact to the Judge of the Superior Court of said county, who thereupon shall, by order entered on the minutes of said court, appoint three competent and upright citizens of said county as special commissioners who, with the Ordinary and the Clerk of said court, shall constitute the board of court house commissioners, which board, or a majority of them, shall be charged with the duty of settling all the details as to the form of said bonds and as to the plans and designs of said court house, the making of all contracts for and about the same, the supervision of the erection and completion of such building, and the fulfillment of the contracts concerning the same. They, or a majority of them, shall also determine upon the manner of using said bonds for said purpose, and may from time to time make such orders and arrangements as may seem to them wise for the safe keeping of said bonds and the funds arising under this Act. The said Clerk shall be the secretary of said board, and shall keep a complete record of the doings thereof. Said special commissioners shall have no compensation for their services, shall be removable at any time by said Judge for sufficient cause upon recommendation of the Grand Jury, and said Judge shall be empowered to fill promptly any vacancy occurring in said appointments. But said bonds and coupons shall not be used for any purposes whatever, save the building of a new courthouse for said county. Board of courthouse commissioners. Duties and powers. Compensation. Removal. Vacancies. 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 20, 1884. ABOLISHING COUNTY COMMISSIONERS OF MARION AND WORTH COUNTIES. No. 43. An Act to abolish the office of county commissioners of Marion and Worth counties, 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 office of county commissioners of the counties of Marion and Worth be, and the same is hereby abolished. Office abolished. Sec. II. Be it further enacted by the authority aforesaid , That all unfinished business now pending before said boards of county commissioners shall be transferred to the courts of Ordinary of said counties respectively to be disposed of by said courts, and that all the records and papers of said boards of county commissioners be returned to said courts of Ordinary to be filed and kept in said offices. Disposition of unfinished business. Records, etc.

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Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 20, 1884. CLERK OF BIBB SUPERIOR COURT REQUIRED TO PROVIDE CERTAIN INDEXES, ETC. No. 71. An Act to require the Clerk of the Superior Court of Bibb coun to have prepared a general index and abstract of all the records of his office; to provide for paying for the same, and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same , That is shall be the duty of the Clerk of the Superior Court of Bibb county to prepare, or have prepared under his supervision and direction, a general index to all the records of his office, including a general or consolidated index to the records of deeds, mortgages and other instruments, as well as to the minutes of the court, from the earliest dates to the present time; said indexes shall be kept in the office for the use of persons desiring to examine said records. General index to all records to be prepared. What to include. How kept. Sec. II. Be it further enacted, etc , That the general index to the minutes shall appear in a separate book from the general index to the records of deeds, mortgages, etc.; the latter index shall contain the names of the grantors and grantees, arranged in alphabetical order, with the book and page of the book on which the instrument is found; also the name of the instrument and a concise description or reference to the property by lot or otherwise. Separate index for minutes. Record of deeds, etc., what to contain. Sec. III. Be it further enacted, etc. , That before entering on said work the said Clerk shall confer with the board of county commissioners of Bibb county, and arrange the terms upon which said index shall be prepared, and it shall be the duty of said county board to see that the same is done strictly in accordance with this Act, and when completed that the index conforms to all its requirements; the expenses of preparing the same shall be paid out of the county funds on the order of the Judge of the Superior Court of said county; Provided , that the whole cost thereof shall not exceed the sum of one thousand dollars. Terms for the index. Supervision of work. Payment for Proviso. Sec. IV. Be it further enacted, etc. , That when the indexes shall be completed as herein provided, it shall be the duty of the said Clerk to keep the same up to date ever afterwards. To be kept up to date. Sec. V. Be it further enacted, etc., 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 24, 1884.

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COMPENSATION OF CLERK OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY. No. 139. An Act to amend an Act to create a board of commissioners of roads and revenue for the county of Montgomery, and to define the powers and duties of the same, so as to permit an increase of the compensation of the clerk of said board, approved February 22, 1873. Section I. Be it enacted by the General Assembly of the State of Georgia , That the fourth section of the above-recited Act, which provides that the compensation of the clerk of said board shall not exceed twenty-five dollars, shall be amended by striking out the words twenty-five in the third line and insert in lieu thereof the words one hundred, so that said section when amended will read as follows: That said board of commissioners may employ a clerk with such compensation as they may think proper to allow him, said compensation not to exceed one hundred dollars per annum. Compensation of Clerk increased. 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, 1885. ABOLISHING COUNTY COMMISSIONERS OF COBB COUNTY. No. 89. An Act to repeal an Act entitled an Act to provide for the creation of a board of commissioners of roads and revenues in the counties of Cobb, Dooly, Henry and Telfair, in this State; to prescribe their powers and duties, and to fix their compensation and the pay of the officers employed by them, so far as the same relates to 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, an Act to provide for the creation of a board of commissioners of roads and revenues in the counties of Cobb, Dooly, Henry and Telfair, in this State; to prescribe their powers and duties, and to fix their compensation and the pay of the officers employed by them, said Act approved August 3, 1881, be, and the same is hereby repealed so far as the said Act relates to the county of Cobb. Board of county Commissioners of Cobb county abolished. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884.

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SALARY OF TREASURER OF DECATUR COUNTY. No. 157. An Act to regulate the salary of Treasurer of Decatur county, so as to conform to the general law of the State, and to repeal 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, the salary of the Treasurer of Decatur county shall be regulated and paid in fees as prescribed and set out in section 3703 of the Revised Code of Georgia. Regulated by the general law. Sec. II. Be it further enacted , That all laws, local or otherwise, in conflict with this Act be, and are hereby repealed. Approved September 4, 1885. CREATING BOARD OF COMMISSIONERS OF CARROLL COUNTY. No. 173. An Act to create a board of commissioners of roads and revenue for the county of Carroll; to define their powers and duties, and for other purposes pertaining thereto. 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, a board of commissioners of roads and revenue be, and the same is hereby established and created for the county of Carroll, consisting of five persons, to wit: Arthur Hutcherson, William D. Lovorn, Bluford A. Sharp, John K. Roop and Nathaniel A. Windsor, citizens of said county, whose term of office shall continue until the first Wednesday in January, 1889, and until their successors are elected and qualified as hereinafter provided. Board created Names of Commissioners. Term of office. Sec. II. Be it further enacted by the authority aforesaid , That the successors to the aforesaid commissioners shall be elected by the qualified voters of said county on the first Wednesday in January, 1889, and every four years thereafter, and shall hold their office for four years and until their successors are elected and qualified, and shall be commissioned by the Governor; and any vacancy occurring, either in the board hereby created and appointed or any subsequent board, shall be filled by the remaining commissioners for the remainder of the unexpired term of such out-going commissioner, and no person shall be eligible to the office of such commissioner who shall not have arrived at the age of twenty-one years and have been a citizen of said county for two years next preceding his election or appointment. Election of commissioners. Their terms. Commissions and vacancy. Qualifications for office.

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Sec. III. Be it further enacted by the authority aforesaid , That said board of commissioners, when sitting for county purposes, shall have exclusive jurisdiction over all matters concerning county property, county taxesgeneral and specialestablishing and changing militia districts and election precincts, examining, auditing and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, collection, keeping and disbursement of money belonging to the county, or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering and abolishing roads, bridges and fences; in the appointment of road commissioners and enforcement of the road laws, and to have and exercise exclusive jurisdiction over all such county matters as was held and exercised by the Inferior Court when sitting for county purposes, prior to the adoption of the constitution of eighteen hundred and sixty-eight. Jurisdiction, power, etc. Sec. IV. Be it further enacted by the authority aforesaid , That said commissioners shall meet at the court-house in said county on the first Tuesday in January, March, May, July, September and November in each year, or on such other day or days they may designate. They shall keep a full and complete record of all their actings and doings. A majority of such commissioners shall be necessary to constitute a quorum, and the concurrence of such majority shall be necessary to pass any order decree or resolution. Meetings. Records. Quorum. Sec. V. Be it further enacted by the authority aforesaid , That the Treasurer of said county shall not pay out or disburse any of the county funds or pay any order unless the same shall have been countersigned by a majority of said commissioners. Payments from county funds. Sec. VI. Be it further enacted by the authority aforesaid , That said commissioners, before entering upon their duties of office, shall, in addition to the oath administered to all county officers, take and subscribe an oath to truly, faithfully and impartially discharge their duties during their term of office as county commissioners, which oath shall be administered by the Ordinary of said county, and by him be entered on his minutes. Oath. Sec. VII. Be it further enacted by the authority aforesaid , That said commissioners shall be exempt from road and jury duty, and the Ordinary of said county shall be ex-officio clerk of said board of commissioners, and shall receive for his services fifty dollars per annum. Said board shall have authority to buy books and stationery for their use, to be paid for out of the treasury of said county by order of said commissioners. Exemptions of commissioners. Clerk of. His compensation. Books and stationery, etc. Sec. VIII. Be it further enacted by the authority aforesaid , That said board of commissioners shall have the same right as Judges of the Superior Courts to punish for contempts. Punishment for contempt. 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 12, 1885.

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SALARY OF TREASURER OF CARROLL COUNTY. No. 178. An Act to prescribe a salary for the Treasurer of the county of Carroll in lieu of commissions. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the first Wednesday of January in the year 1887, the Treasurer of the county of Carroll shall not be allowed any commissions on money he receives or pays out for said county. In lieu of commissions, he shall be paid two hundred and fifty dollars for his services, and no more. The same shall be allowed by the Ordinary, or authorities having control of county matters, on final settlement. Salary in lieu of commissions. Amount of. 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, 1885. ABOLISHING COUNTY COMMISSIONERS OF DOOLY COUNTY. No. 187. An Act to repeal an Act creating boards of commissioners of roads and revenues for the counties of Cobb, Dooly, Henry and Telfair so far as the same relates to the county of Dooly, 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 above-recited Act, approved September 29, 1879, creating boards of commissioners of roads and revenues for the counties of Cobb, Dooly, Henry and Telfair counties, so far as the same relates to the county of Dooly, be, and the same is hereby repealed. Board of commissioners abolished. Sec. II. Be it enacted by the authority aforesaid , That the Ordinary of Dooly county is hereby vested with the powers heretofore devolving on said commissioners, with full authority to close up all unfinished business. Ordinary vested with its powers. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 23, 1885.

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COMPOSITION, ETC., OF COUNTY COMMISSIONERS OF SCREVEN COUNTY. No. 189. An Act to amend an Act entitled an Act to establish a board of commissioners for Screven county, and for other purposes, approved September 28, 1881, so as to provide that said board shall consist of three commissioners in lieu of the Ordinary and two commissioners, as is therein provided for; to provide for the election of a commissioner in place of the Ordinary, 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 which provides that the board of commissioners of Screven county shall be composed of the Ordinary, as ex-officio commissioner, and two commissioners, approved September 28, 1881, be, and the same is hereby altered and amended so as to read as follows, to-wit: that hereafter three commissioners, instead of two, shall be elected by the legal voters of the county of Screven, in the same manner and at the same time as two commissioners are now elected, except that one commissioner shall be elected on the first Monday in January, 1886, to serve as such until his successor shall be duly elected and qualified, and that said board of commissioners shall, after the commissioner herein mentioned to be elected on the first Monday in January, 1886, shall be duly elected and qualified, be composed of three commissioners, who shall have the same power, authority and jurisdiction as the present board of commissioners now have and possess. Three commissioners instead of two to be elected. Manner of election. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 23, 1885. ABOLISHING COUNTY COMMISSIONERS OF TWIGGS COUNTY. No. 190. An Act to repeal an Act entitled an Act to organize a board of county commissioners for the county of Twiggs, approved by the General Assembly of the State of Georgia, March 2, 1875. 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

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the passage of this Act, the board of commissioners of the county of Twiggs shall be abolished. Board of Commissioners abolished. Sec. II. Be it further enacted by the authority of the same , That the duties now devolved upon said board of county commissioners be, and the same are now imposed upon the Ordinary of said county. Duties imposed on Ordinary. Sec. III. Be it further enacted by the General Assembly of the State of Georgia , That the Ordinary of said county shall have for his compensation the sum of two hundred and fifty dollars. Compensation of Ordinary. Sec. IV. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 23, 1885. INCREASING POWERS OF COMMISSIONERS OF FLOYD COUNTY ETC. No. 206. An Act to amend an Act to create a board of commissioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved on the 13th of December, 1871, so far as relates to the county of Floyd. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the board of commissioners of roads and revenues for said county of Floyd shall have jurisdiction of all matters pertaining to the removal of all obstructions from private ways in said county of Floyd. Given jurisdiction as to obstructions in private ways. Sec. II. In the event the owner or owners of land on which a private way in said county of Floyd may pass, or any other person shall obstruct, close up or otherwise render said private way unfit for use, it shall and may be lawful for the party or parties injured by such obstruction or other interference to petition the said board of commissioners of roads and revenues for the county of Floyd to remove such obstructions, and upon the petition being filed ten days before the regular monthly meeting of said board of commissioners of roads and revenues, it shall be the duty of the clerk of the said board to issue a rule nisi directed to the party or parties complained against (which rule shall be served by the Sheriff or his deputy), calling upon the offending parties to show cause why such obstructions should not be removed and the free use of said private way be reestablished. Said rule be served at least three days before the next regular meeting of said board, and at said meeting said board shall proceed to hear evidence as to said obstructions or other interference, and if it should appear that a private way, the property of the complainants, either by prescription or otherwise, has been obstructed

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or otherwise interfered with by the defendants, then it shall be the duty of said board of commissioners to grant an order directing the party or parties so obstructing, or otherwise interfering with said private way, to remove said obstructions or other interference within forty-eight hours, and in the event of failure so to remove said obstructions, it shall be the duty of the clerk of said board of commissioners to issue a warrant in the name of said board, directed to the Sheriff, commanding him forth with to remove said obstruction. Proceedings to remove obstructions. Sec. III. There shall be no appeal from the judgment of said board of commissioners, but either party being dissatisfied shall have the right to sue out a writ of certiorari and have said judgment reversed by the Judge of the Superior Court, said certiorari to be had as in other cases now provided by law. No appeal. Certiorari. Sec. IV. The clerk of said board shall be entitled to such compensation as may seem reasonable and just, not exceeding seventy-five dollars per month, to be paid out of the county treasury, the amount to be fixed by said board. Compensation of clerk of boards. Sec. V. All laws in conflict with the foregoing Act are hereby repealed. Approved October 3, 1885. AMENDING ACT CREATING COMMISSIONERS OF SUMTER COUNTY. No. 214. An Act to amend an Act to create a board of commissioners of roads and revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871, and the several Acts amendatory thereto, so far as the same relates to the county of Sumter; to legalize and make valid certain acts heretofore performed by said board of commissioners for Sumter county; to fix the terms of office of the present commissioners, and to provide how their successors shall be appointed. Whereas, By an Act of the General Assembly, approved February 28, 1876, the board of commissioners of roads and revenue for Sumter county are required to be elected by the Grand Jury of said county; and whereas, the present board of commissioners, to-wit, J. H. Black, J. W. Wheatley, S. H. Hawkins, John A. Cobb and C. A. Huntington, were elected by the people in January last, and have been duly commissioned by the Governor for the term of four years; and whereas, there is some doubt as to the validity of said election: Preamble. Section I. Be it enacted by the Senate and House of Representatives , That the election of J. H. Black, J. W. Wheatley, S. H. Hawkins, John A. Cobb and C. A. Huntington, as commissioners of roads and

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revenue for Sumter county, be, and it is hereby fully confirmed and declared valid. and all acts and proceedings had by said board since the election of its members and prior to the passage of this Act, under authority confirmed by the Act of December 13, 1871, and the several Acts amendatory thereof, are hereby confirmed and declared to be valid and lawful to all intents and purposes. Election of present Commissioners confirmed. Their acts confirmed. Sec. II. Be it further enacted by the authority aforesaid , That the terms of office of the present board of commissioners of roads and revenue for Sumter county shall be four years, beginning with the first day of January, 1885, and ending with the first day of January 1889; Provided , if there shall be a failure to appoint successors, as hereinafter provided, the present members of said board shall hold over until their successors are duly appointed. Term of present board. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That hereafter the board of commissioners of roads and revenues for Sumter county shall be appointed in the following manner: At the fall term of the Superior Court of Sumter county in the year 1889, and every four years thereafter, the Grand Jury shall recommend to the Judge of said Superior Court five persons to constitute the said board of commissioners, and the said Judge, if in his judgment the persons recommended are suitable, shall appoint them, and shall thereupon instruct the Clerk of said court to issue commissions to said persons so appointed for the term of four years as herein provided. Appointment of succeeding board. Sec. IV. Be it further enacted by the cuthority aforesaid , That if from any cause the commissioners should not be appointed at the time provided in the foregoing section of this Act, then any subsequent Grand Jury may recommend and the Judge appoint as provided in said section; Provided , that when said appointment shall be made after the first day of January, the commissions shall only issue for the unexpired part of the four years' term. Failure to appoint. Proviso. Sec. V. Be it further enacted , That all vacancies from death, resignation or otherwise in the present or any future board of commissioners in said county of Sumter shall be filled by the surviving commissioners as provided in the Act of December 13, 1871. Vacancies. Sec. VI. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885.

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INCREASING PAY OF TAX RECEIVER OF BIBB COUNTY. No. 217. An Act to increase the pay of Tax Receiver of the county of Bibb by allowing him the same commission for receiving taxes as is allowed the Tax Collector for collecting county taxes, 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, commencing with the fiscal year 1885 and 1886, the Tax Receiver of the county of Bibb, for his compensation for receiving the tax returns, shall receive as commission, to be paid from the county taxes of the county of Bibb, the same amount as is now allowed by section 936 of the Code of 1882 to Tax Collectors for collecting county taxes. Pay made equal to that of Tax Collector. Sec. II. Be it further enacted , All laws and parts of laws in conflict with this Act are hereby repealed. Approved October 5, 1885. SALE OF INSOLVENT TAX FI. FAS. OF DODGE COUNTY. No. 220. An Act to authorize the Ordinary of Dodge county to sell all insolvent tax fi. fas. belonging to the county. Section I. Be it enacted by the Senate and House of Representatives , That from and after the passage of this Act, it shall be the duty of the Ordinary of Dodge county to sell at public outcry before the court house door all the insolvent tax fi. fas. belonging to the county separately or in such lots as he thinks most advantageous to the interest of the county, after having given four weeks' notice in the newspaper in which Sheriff's sales are advertised of his intention to sell, giving the number of fi. fas. without giving the names of the parties, which sale must be made upon the first Tuesday in some month, and the Ordinary is authorized to transfer the fi. fas. to the purchaser. Sale at public outcry. Separately or in lots. Notice. Time of sale. Sec. II. Be it further enacted , That the Ordinary, after paying the expenses of advertising, shall pay over to the County Treasurer the proceeds of the sale. Disposition of proceeds 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 5, 1885.

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CREATING BOARD OF COUNTY COMMISSIONERS OF HANCOCK COUNTY. No. 224. An Act to create a board of roads and revenue in the county of Hancock; to define their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That at the first regular session of the Hancock Superior Court, after the passage of this Act, the Grand Jury on the first day of said session shall elect by a two thirds vote by ballot three citizens of said county, who shall, upon taking the oath hereinafter prescribed, constitute a board of roads and revenue for said county. Election of. Sec. II Be it further enacted , That the terms of office of the first board shall be as follows: One member shall be elected for a term of three years, one for a term of two years, and one for a term of one year. The terms of office of first board shall begin immediately after their election and qualification. All vacancies which shall occur by reason of the expiration of a term of office shall be filled by the Grand Jury which shall sit next preceding such expiration, and all persons who shall be elected to fill vacancies made by the expiration of a term shall be elected for a term of three years. All vacancies which shall occur in any other way than by the expiration of a regular term shall be filled by the Grand Jury which shall meet next after the vacancy shall have been made, and all persons elected by a Grand Jury to fill vacancies so occurring shall be elected to fill the unexpired term; Provided , that the Ordinary shall have power to appoint some one to fill said vacancy till the same shall have been filled by the Grand Jury as hereinbefore provided. A two-thirds vote of the Grand Jury by ballot shall be necessary in filling all vacancies. Terms of first board. Vacancies. Proviso. Sec. III. Be it further enacted , That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the Ordinary or County Judge: You, and each of you, do solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenue, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. Oath. Sec. IV. Be it further enacted , That two of said board shall be a quorum, and two must concur to pass any order or let any contract, pledge the county credit or grant or allow any claim against the county. Quorum. Sec. V. Be it further enacted , That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following

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subject-matters: (1) In governing and controlling all county property as they may deem best according to law, letting, hiring or farming out the county convicts of said county. (2) In levying taxes for county purposes in accordance with law. (3) In examining, auditing, allowing and settling all claims against the county. (4) In examining and auditing the accounts of all officers or persons having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriated for its use, and bringing them to a settlement. (5) In making such rules and regulations for the support of the paupers and the promotion of health in the county as are not inconsistent with the laws of this State. (6) In establishing, altering, abolishing and opening roads, bridges and ferries in accordance with law. (7) In the appointment of road commissioners, and in the general management of the roads, bridges and revenues of the county, and exercise all the power over county officers in said county as is now exercised by the County Judge; to grant or refuse to grant license to sell spirituous liquors in said county in their discretion according to law. Jurisdiction and powers. Sec. VI. Be it further enacted , That said commissioners shall hold at least one meeting each month, and shall keep a record of all their proceedings, and shall submit the same to the inspection of the Grand Jury at each regular term of the Superior Court. Said commissioners may hold special sessions, besides the regular monthly sessions, whenever the interests of the county demand it. The Clerk of the Superior Court shall be ex officio clerk of said board, and shall receive the same fees for his services rendered now allowed by law for recording proceedings of the Superior Court, to be paid by the County Treasurer on the order of said board. Meetings. Records. Clerk. His fees. Sec. VII. Be it further enacted , That the Treasurer of the aforesaid county shall not disburse or pay out any of the funds in the county treasury unless authorized by said board of commissioners. Payments from county funds. Sec. VIII. Be it further enacted , That the members of said board shall receive not exceeding two dollars per day for the time they actually sit for county purposes. Compensation of board. 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 October 5, 1885.

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PAY OF COUNTY COMMISSIONERS OF WALKER COUNTY. No. 226. An Act to amend an Act to create a board of commissioners of roads and revenue for the county of Walker, and to prescribe the powers and duties thereof, approved February 21, 1873. Section I. Be it enacted , That from and after the passage of this Act, section 8 of said Act be amended by striking out all of said section between the words receive in the first line and but in the second line, so that when amended will read as follows: That said commissioners shall receive two dollars per diem for their regular days' service to be paid by the County Treasurer upon the warrant from said board. Pay fixed at $2 per diem for actual service. Sec. II. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885. PAY OF COUNTY COMMISSIONERS OF WARREN COUNTY. No. 227. An Act to amend an Act to create a board of commissioners of roads, public buildings and public property and finances for the counties of Warren and Taliaferro, and for other purposes, approved February 12, 1877, so as to compensate the commissioners of Warren county for their services. Section I. Be it enacted by the General Assembly of the State of Georgia , That the seventh section of the above-recited Act be amended so that the commissioners of Warren county shall each receive two dollars per day for their actual attendance upon the meetings of the board of said county of Warren. Pay fixed at $2 per diem for actual service. Sec. II. That all conflicting laws be, and the same are hereby repealed. Approved October 5, 1885.

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ABOLISHING COUNTY COMMISSIONERS OF ECHOLS COUNTY. No. 230. An Act to repeal an Act of the General Assembly, approved February 19, 1873 creating a board of commissioners of roads and revenues for the counties of Camden, Thomas and Echols so far as said Act relates to the county of Echols. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, that the Act of the General Assembly, approved February 19, 1873, creating a board of commissioners of roads and revenues for the counties of Camden, Thomas and Echols, so far as said Act relates to the county of Echols, be, and the same is hereby repealed, and that said office of commissioners of roads and revenues for the county of Echols is hereby abolished. Board of commissioners abolished. Sec. II. Be it enacted by the authority aforesaid , That the official duties heretofore incumbent upon said commissioners of roads and revenues of said county of Echols be, and the same are hereby transferred, vested and made incumbent upon the Ordinary of said county. Its duties vested in the Ordinary. Sec. III. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885. ABOLISHING COUNTY COMMISSIONERS OF APPLING COUNTY. No. 237. An Act to repeal an Act entitled an Act to form a board of county commissioners of roads and revenues for the county of Appling, and for other purposes, approved March 5, 1875, 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, that the Act creating a board of county commissioners of roads and revenues for the county of Appling, and approved March 5 1875, be, and the same is hereby repealed. Board of commissioners abolished. Sec. II. Be it further enacted by the authority aforesaid , That the said board of county commissioners of roads and revenues 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,

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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. Disposition of books, papers etc. Powers conferred on the Ordinary. 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 October 5, 1885. PAY OF COUNTY COMMISSIONERS AND BOARD OF EDUCATION OF JEFFERSON COUNTY. No. 238. An Act to provide for and authorize the payment of the members of the board of roads and revenue and the county board of education of the county of Jefferson two dollars per day for each day in actual service in the discharge of the respective duties of their offices, 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 members of the board of roads and revenue of the county of Jefferson and the members of the county board of education of said county shall, whenever the Grand Jury at the spring term of the Superior Court of said county shall so recommend, be entitled to receive, and shall be paid two dollars per day, each respectively, for each day they are engaged in actual service in the discharge of their respective duties as such commissioners of roads and revenue and members of county board of education during that year. Pay fixed at $2 per day for actual service. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the County Treasurer of the county of Jefferson to pay each member of said board of roads and revenue and members of county board of education of said county two dollars for each day in which they are actually engaged in the discharge of their respective duties upon the statement of such service properly approved by the chairman of said board of roads and revenue and the chairman of county board of education of said county respectively; Provided , that the county school commissioner shall not be entitled to, or receive the compensation provided by this Act. How to be paid. Proviso. Sec. III. Be it further enacted , That all laws or parts of laws in conflict with this Act are repealed. Approved October 6, 1885.

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ELECTION OF COUNTY COMMISSIONERS OF MONROE COUNTY. No. 244. An Act to amend an Act to create a board of commissioners of roads, public building and public property and finances for the county of Monroe, and for other purposes, approved August 27, 1872, and Acts amendatory thereof, so as to provide for the election by the Grand Jury at the spring term, 1886, of the Superior Court of one commissioner to serve one year, one to serve two years, and one for three years, and for the election of one commissioner annually thereafter, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the first section of the Act entitled an Act to create a board of commissioners of roads, etc., approved August 27, 1872, be, and the same is hereby amended by inserting between the words regular in the first line and the word term in the second line the word spring, and by striking out the words nominate three honest, discreet and upright citizens, resident in the county of Monroe, for commissioners as aforesaid, and inserting in lieu thereof the following, elect from the honest, discreet and upright citizens, resident in the county of Monroe, for commissioners as aforesaid, one to serve for one year, one to serve for two years, and one to serve for three years, and annually thereafter one commissioner, so that said section, when so amended, shall read as follows: That at the next regular spring term of the Superior Court of said county, after the passage of this Act, the Grand Jury of that court shall elect from the honest, discreet and upright citizens, resident in Monroe county, for commissioners as aforesaid, one to serve for one year, one to serve for two years, and one to serve for three years, and annually thereafter one commissioner, to be approved by the Judge of the Superior Court then presiding at that term of the court. Time of election. Regulations of. Terms of. Sec. II. Be it further enacted , That the second section of said recited Act be amended by striking therefrom the words appointed, which may be by appointment as above, at either regular term of the Superior Court held in the county of Monroe, and inserting in lieu thereof the following, elected as set forth in the first section of this Act, so that said section, when amended, shall read as follows: That the board of commissioners thus created, after having first taken upon themselves the oath of office taken by the civil officers of this State, each in the presence of each other shall at once assume the duties hereinafter prescribed, and continue in office until a successor or successors are elected as set forth in the first section of this Act; such successor, before entering upon the duties of commissioner, shall take upon himself the oath of office as prescribed in section first herein. Oath. Discharge of duties.

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Sec. III. Be it further enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 6, 1885. SELECTION OF COUNTY SCHOOL COMMISSIONER FOR RABUN COUNTY. No. 252. An Act to prescribe the manner of selecting the county school commissioner in and for the county of Rabun 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 county school commissioner, in and for the county of Rabun, shall be selected and chosen by the qualified voters of said county at the same time and in the same manner as other county officers are elected, and shall hold his office for the term of two years as now provided by law. How selected. Term of office. Sec. II. Be it further enacted , That the first election held under this Act shall be held at the time of the next regular election for county officers in said county, and all other elections every two years thereafter, unless in cases of a vacancy. First election Other elections. Sec. III. Be it further enacted , That in case of any vacancy in said office by death, resignation or other cause, such vacancy shall be filled by an election held under the same rules and regulations as are now prescribed for elections to fill vacancies in other county offices, and the Clerk of the Superior Court shall perform the duties of said office during any vacancy that may occur. Vacancies. 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 October 6 1885. CREATING BOARD OF COUNTY COMMISSIONERS OF HEARD COUNTY. No. 270. An Act to provide for a county board of commissioners for the county of Heard and to prescribe and define the powers and duties thereof, 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 all the powers and duties of the Ordinary

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of Heard county, so far as the same relate to roads, bridges, public buildings and other property, management of the county jail and its fees, assessing and collecting taxes, disbursing public money for county purposes and all powers in reference thereto now conferred by law upon the Ordinary, are hereby conferred upon a county board of commissioners, as hereinafter set out. Board created. Powers. Sec. II. Be it further enacted by the authority aforesaid , That said board of commissioners shall consist of the Ordinary of said county and four other persons to be elected, and whose term of office shall be as hereinafter provided, and that any three of said board shall constitute a quorum, and are authorized to transact any business pertaining to said office. Board, how constituted. Quorum. Sec. III. Be it further enacted by the authority aforesaid , That J. M. Strickland, T. C. Lane, M T Almand and J. M. Buttrell, together with the Ordinary of said county, are hereby appointed a county board of commissioners for said county; that the term of office of said board shall be the same as the Ordinary, and shall expire with the present term of the present Ordinary of said county, and that said board shall discharge all the duties herein mentioned until their successors are elected and qualified. First board. Term. Sec. IV. Be it enacted by the authority aforesaid , That at all elections hereafter held for Ordinary there shall be elected four commissioners for said county of Heard, who, with the Ordinary, shall constitute said county board of commissioners for said county as aforesaid; said commissioners shall be elected in the same manner as the Ordinary is elected, and shall be commissioned by the Governor and hold their office for four years and until their successors are elected and qualified. Elections Commissions, etc. Sec. V. Be it further enacted by the authority aforesaid , That the Ordinary shall be the chairman of said board, but the board may elect from their own number a chairman pro tem. , who shall preside in the absence of the Ordinary. Chairman Sec. VI. Be it further enacted by the authority aforesaid , That in the event of the death, resignation or disability of a member of said board, the Ordinary of said county shall at once order an election to fill such vacancy. Vacancies. Sec. VII. Be it further enacted by the authority aforesaid , That said board shall meet at the court-house in said county quarterly on the the first Tuesdays in January, April, July and October in each year, and on such other days as they may determine, and that they shall exercise all the duties and powers herein provided, and they shall keep a full and complete record of all their actings and doings. Meetings. Records. Sec. VIII. Be it further enacted by the authority aforesaid , That said board may adjourn from day to day; that each member of said board shall, before undertaking to act as herein provided, take and subscribe an oath before the Clerk of the Superior Court of said county to faithfully and honestly discharge the duties of said office, which oath shall be recorded by said Clerk. The members of said board shall receive for their services such compensation as the Grand Jury

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of said county at the fall term of the Superior Court of each year may recommend, such compensation in no event to exceed two dollars per day for each day's service actually rendered by them in the discharge of the duties of said office. Oath. Pay. Sec. IX. Be it further enacted by the authority aforesaid , That said board of commissioners shall have power to elect a clerk for their body, and to fix his salary; said clerk shall take the same oath as the members of said board and shall hold his office for four years. Clerk. Sec. X. Be it further enacted by the authority aforesaid , That said board shall have the same power and authority to punish for contempt of their court as the Judges of the Justices Court of this State now have. Power to punish for contempt. 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 October 6, 1885. POWERS OF TAX COLLECTOR OF LOWNDES COUNTY AS TO TAX FI. FAS. No. 310. An Act to vest the Tax Collector of the county of Lowndes with the powers of the Sheriff of said county so far as relates to the tax fi. fas . of said county. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, that the Tax Collector of the county of Lowndes, in this State, shall be, and he is hereby made ex-officio Sheriff of said county, so far as relates to the tax fi. fas . of said county, and is hereby vested with all the privileges and authorities, and by the provisions of this Act required to perform all the duties of the Sheriff of said county so far, and so far only, as relates to the tax fi. fas . of said county; but he shall receive the same fees as now provided by law for Sheriffs for like services, and said Tax Collector shall be subject to all the laws relating to the liabilities of Sheriff as to all his acts as ex officio Sheriff. Tax Collector given powers of Sheriff as to tax fi. fas. And fees. Subject to Sheriff's liabilities. 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 October 8, 1885.

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DISPOSITION OF COUNTY CONVICT HIRE IN ROCKDALE COUNTY. No. 324. An Act to authorize and require the Ordinary of Rockdale county to turn over to the County Treasurer of said county all the money arising from the hire of convicts working in the chain-gang or otherwise by reason of crime in said county, 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 be the duty of the Ordinary of Rockdale county to turn over to the County Treasurer thereof, or order the same so paid, all moneys that may be raised from the hiring of any person or persons convicted of crime in said county and ordered to work in the chain-gang or otherwise, and also to pay over to said Treasurer, or order the same done, all moneys that may be raised from the hiring of any person to discharge him or herself from the punishment for crime as is prescribed in section 4821 (a) of the Code of 1882 of Georgia. Moneys to be paid over to County Treasurer. Sec. II. Be it further enacted , That all the money so raised and paid over to the Treasurer as aforesaid shall be by him paid over to the several officers of the court of said county who may hold insolvent demands for costs, the same to be paid according to priority of claims or pro rata on claims of said date. And by him paid on insolvent costs. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 9, 1885. CONSOLIDATING CLERK SUPERIOR COURT AND TREASURER OF COLUMBIA COUNTY. No. 344. An Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Columbia. Section I. Be it enacted by the General Assembly of the State of Georgia , That the office of Clerk of the Superior Court and that of Treasurer of the county of Columbia shall be consolidated and made one, and all the duties heretofore required of and performed by the Treasurer of said county shall be required of and performed by the Clerk of the Superior Court elected under the provisions of this Act. Offices consolidated. Duties devolved on Clerk Superior Court. Sec. II. Be it further enacted , That this Act shall take effect and be of force on and after the passage of the same. When Act to take 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 October 12, 1885.

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POWERS, DUTIES, ETC., COUNTY COMMISSIONER OF FORSYTH COUNTY. No. 367. An Act to amend an Act, approved September 18, 1879, providing for the office of commissioner of roads and revenues of Forsyth county, so as to more definitely prescribe his powers; confer upon him additional powers; to more fully set forth his duties; to affix penalties for the non-performance of the same; to define the liaability of said officer and his securities upon his official bond, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That section first of the above-recited Act be, and the same is hereby amended by striking out in the ninth and tenth lines thereof the words, over which the Superior Court had jurisdiction at the time it was abolished, so that said section when amended shall read as follows: That from and after the passage of this Act, all the powers and duties of the Ordinary of Forsyth county, so far as relate to roads, bridges, ferries, public buildings and other public property, management of the county jail and its fees, the care and management 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 relate to all other county matters, are hereby conferred upon one commissioner of roads and revenues of said county to be elected and commissioned as hereinafter set forth. Powers and duties of commissioner. Sec. II. Be it further enacted by the authority aforesaid , That said Act be, and the same is hereby further amended by striking out the second section thereof and inserting in its stead the following: Said commissioner shall be elected at the regular time of holding elections for other county officers, and shall hold his office for the term of two years (unless sooner removed according to law), and shall be commissioned by the Governor as other county officers, and before entering upon the discharge of the duties of his office shall make and file with the Ordinary of said county a bond in the sum of five thousand dollars, with good and sufficient securities thereto, for the faithful discharge of his duties as such commissioner, to be approved by the Ordinary and recorded as the bonds of other county officers. He shall also take and subscribe, besides the oath required of all other civil officers of this State, the following oath: I, A. B., do solemnly swear that I will honestly and faithfully discharge all the duties devolving upon me as commissioner of roads and revenues of Forsyth county, and that, in all matters coming before me as such commissioner, I will endeavor to so conduct myself as to subserve the best interest of said county, and promote the general welfare of the people thereof; that I will not use the public property

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for my own personal benefit, nor suffer others to do so with my consent, without just compensation being first paid to the county; I will not audit or allow any claim or account against said county unless the same be properly proven before me, and satisfactorily shown to be a legal and just charge against said county. All this I will endeavor to do to the best of my skill and power. So help me God. Election of. Term of. Bond. Oath. Sec. III. Be it further enacted by the authority aforesaid , That said Act be, and the same is also amended by striking out the fourth section and inserting in lieu thereof the following: That said commissioner shall receive for his services the sum of two hundred and fifty dollars per annum, which shall be paid out of the county treasury upon monthly orders drawn by said commissioner, which shall be approved and countersigned by the Ordinary, and the Ordinary, when discharging the duties of said commissioner, shall receive the same compensation for his services as provided by this Act for the commissioner. Compensation, how paid. Sec. IV. Be it further enacted , That said commissioner be, and he is hereby authorized and empowered to administer any and all oaths to any person upon any matter coming before him as such commissioner, or touching any matter of county business, or other matter pertaining to said office. Power to administer oaths. Sec. V. Be it further enacted , That said commissioner shall have power to sit as a court at any time after five days' notice to all parties at interest; to hear and determine any controversy that may arise concerning the public roads, ferries, bridges or other public property, or concerning any other matter within his jurisdiction, and to this end may issue subp[UNK]nas, compel the attendance of witnesses, and the production of books and papers under the same rules as prescribed for justice courts in this State; shall have power to punish contempts by fine, not exceeding five dollars, or imprisonment in the common jail of said count not longer than three days, and shall have all other powers when so sitting incident to a court. Powers as a court. Sec. VI. Be it further enacted , That said commissioner may sit as a court for the transaction of general county business as often as he may see fit in each year, but he shall hold a court on the first Tuesday in July in each year for the purpose of levying and assessing the county tax for that year which court shall be open to all the citizens of said county, and in failure to hold said court on the first Tuesday in July, then on such other day as said commissioner may set, after giving published notice of the same for two weeks in the public gazette in which the county advertising is done. Court for general county business. Terms. Assessment of taxes. Sec. VII. Be it further enacted , That if any litigation shall arise against said county, or any of the officers thereof, and said county should be cast in said suit by reason of any neglect of duty on the part of said commissioner, or by reason of said commissioner exceeding his authority under the law, or by reason of any illegal act of said commissioner in the discharge of his official duties, then said commissioner and his securities upon his official bond shall be held and deemed liable

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to said county for the full amount of such recovery, principal, interest and cost, as well as any attorney's fees which may have been incurred by said county on account of such suit; and if said commissioner shall allow any claim or account against said county, and draw an order or orders upon the Treasurer of said county for the same without such account being properly proven, and the said claim should be made to appear to be illegal and not a just charge against said county, and said order shall have been paid by the County Treasurer, then said commissioner and his securities may be held liable upon their bond for the amount of said order and any expense that may be incurred by said county on account thereof, and it shall not be lawful for the Ordinary to approve any order for the payment of such commissioner's salary until any amount for which he shall be held under the provisions of this section shall have been fully paid. Default of commissioner. Sec. VIII. Be it further enacted , That it shall be the duty of said commissioner to keep in well bound books full and correct minutes of all business transacted by him when sitting as a court for county purposes or in any other capacity; also to keep complete records of all the business done by him pertaining to the duties of his office; to keep carefully numbered all accounts or claims allowed against said county, and at the end of each month to carefully bundle up, label and file away all claims allowed during that month and preserve the same; also to keep a full and complete statement of all orders issued by him against the County Treasurer, which statement shall show the date and amount of each order, upon what fund, in whose favor, and for what drawn, and shall also require the person accepting said order to sign his name across the stub upon the county order book; it shall also be his duty to look after and see that the court-house is kept neat and clean, and that all the public property of said county is properly taken care of; it shall also be his duty to visit and inspect carefully, at least twice each year, all the public bridges of said county, and see that the same are kept up in strict compliance with the contractor's obligation. Minutes of business transacted. Accounts, claims, etc. Statement of orders. Care of court-house and public property. Of public bridges. Sec. IX. Be it further enacted , That if any complaint shall be made against said commissioner for the neglect of his duties as such, it shall be the duty of the Grand Jury of said county to investigate the same, and if they find the same to be true and well founded to report the same back to the Superior Court, and if upon investigation the Judge of said court shall find the same sustained, it shall be his duty to fine said commissioner in a sum not less than ten nor more than fifty dollars, and it shall be illegal for the Ordinary to approve any order for the salary of such commissioner until said fine is paid, which sum when paid shall go into the county treasury for general county purposes. Complaints against commissioner Fine. Sec. X. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved October 13, 1885.

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ENLARGING POWERS OF COUNTY COMMISSIONERS OF MUSCOGEE COUNTY. No. 380. An Act to amend an Act to create a board of roads and revenue in the county of Muscogee, and to define their powers by enlarging their power in regard to the chain-gang of said county and the reception and working of convicts 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, an Act to create a board of roads and revenue in the county of Muscogee and to define their powers, approved August 26th, 1872, be amended by adding to the fifth section thereof, which defines their jurisdiction, the following: 8. Said board of commissioners may receive and work on the chain gang of said county convicts from the counties in this State where there are no organized county chain-gangs, and where said convicts so sent from other counties are received, they, the said convicts so received as aforesaid, may be worked with the chain-gang of said county of Muscogee under the same rules and regulations, and shall be entitled to the same care and support as if sentenced to said chain-gang of said county of Muscogee by the Superior or City Courts thereof. Said board of commissioners may employ the chain-gang of said county in working the streets of the city of Columbus and on any other works of a public nature for said city, and on the roads, bridges and drainage of said county, and for the purpose of encouraging and maintaining the trade of said city and county, said board may employ said chain-gang of said county beyond the limits thereof and into adjoining and neighboring counties for the purpose of keeping in order the highways leading out of the county of Muscogee, and said work so done beyond the limits of said county of Muscogee may be done on such terms and under such equitable arrangements with the county authorities of such adjoining and neighboring counties as said board of commissioners may see fit to make. Said board of commissioners may, on the recommendation of the Grand Jury of said county, employ the whole or any part of said chain-gang, on any railroad having a terminus in said county of Muscogee, and when so employed said chain-gang may be worked on any part of the line of said railroad beyond the limits of said county; Provided, nevertheless , that said board of commissioners shall so arrange that said county shall not be at any expense for said chain gang while so employed. May receive and work convicts from other counties. Rules for. How employed. May use chain gang of Muscogee in other counties. On what terms. May work on railroads. 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 October 13, 1885.

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BOARD OF TAX ASSESSORS FOR RICHMOND COUNTY. No. 411. An Act to provide a board of assessors of real and personal property subject to taxation for the county of Richmond, 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 the commissioners of roads and revenue of Richmond county shall, at the March term, 1886, when sitting for the transaction of county business, and annually thereafter, appoint five upright, intelligent and experienced citizens, three of whom shall be resident freeholders of the city of Augusta, and two shall be freeholders residing in the territory of Richmond county, not embraced within the limits of the city of Augusta, who shall constitute a board of assessors for Richmond county of all property, real and personal, subject to taxation in Richmond county. The persons appointed shall, before entering upon the discharge of the duties of their office, take before the commissioner of roads and revenue an oath to faithfully and impartially discharge the duties of their office; they shall each receive as compensation the sum of three dollars per day while engaged in discharge of their official duties, to be paid out of the treasury of Richmond county upon the warrant of the commissioner of roads and revenue. How appointed. Qualifications. Oath. Compensation. Sec. II. It shall be the duty of said board of assessors to meet at the office of the receiver of tax returns of Richmond county on the first Monday in May of each year, and from day to day and from time to time as the duties of their office may require. Meetings. Sec. III. It shall be the duty of the said board of assessors to review all returns of real and personal property made to the receiver of tax returns of Richmond county, and whenever any person or persons or body corporate, whose duty it is to make tax returns to said receiver of any species, kind or description of property that is taxed or intended to be taxed by the laws of Georgia, have failed or shall fail to return the whole or any part thereof, the said board of assessors shall proceed to assess the property of all and every such defaulting person or persons or body corporate at such an amount as in their judgment is just and equitable on the best and most reliable information to be obtained by the said board of assessors. Duties. Assessment of tax on property. Sec. IV. It shall also be the duty of said board of assessors, and they are authorized and required, in all cases in which they have good reason to believe that full and complete returns have not been made by any person or persons or body corporate, to notify such person or persons or body corporate through the receiver of tax returns to appear at his office for the purpose of amending his, her or

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their returns, and in default of such appearance and failure to answer as required, said person or persons or body corporate shall be subject to the same penalty as is prescribed by law for failure to make tax returns. Amending of tax returns. Penalty. Sec. V. The receiver of tax returns of Richmond county shall be secretary of said board of assessors, and shall furnish to said board all information in his power regarding each and every return, and also the names of every person he may know who has failed or refused to make returns as required by law. The compensation to the receiver shall be same as is now allowed him by law. Secretary of board. His duties Compensation. Sec. VI. The receiver of tax returns shall not enter upon the tax digest any return until the same has been received and approved by said board of assessors. Entry of tax returns on the digest. Sec. VII. Any person or persons or body corporate dissatisfied with his or their assessment, or whose return has been refused by the receiver, shall have the right and privilege of appearing before said board of assessors and of being heard, and the said board shall receive the retuin if the same be correct, or shall proceed to alter, amend or correct the assessment complained of, as the case may be, so as to make it conform to the truth. Contested assessments and returns. Sec. VIII. All laws and parts of laws in conflict with same are hereby repealed. Approved October 15, 1885.

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TITLE III . COUNTY AND CITY COURTS. ACTS. Fees of Solicitor of Oconee County Court. Disposition of fines, etc., in Macon County Court. Abolishing County Court of Monroe. Creating County Court of Douglas. Creating City Court of Columbus. Creating City Court of Carrollton. Abolishing County County of Bibb. Trial of civil cases in City Court of Atlanta. Prohibiting Judge City Court of Atlanta from practicing law. Creating City Court of Macon. Transfer of misdemeanors to Lee County Court. Disposition of fines, etc., in Lee County Court. Abolishing County Court of Crawford. Jurisdiction and terms of City Court of Clarke county. Abolishing County Court of Gordon county. Creating County Court of Effingham county. Abolishing County Court of Clayton. Title and jurisdiction of City Court of Columbus. Re-establishing County Court of Scriven. Disposition of fines, etc., of City Court of Carrollton. Abolishing County Court of Bartow. Creating City Court in Bartow county. Abolishing County Court of Clinch. FEES OF SOLICITOR OF OCONEE COUNTY COURT. No. 21. An Act to amend the third section of the Act to provide for a Solicitor for the County Court of Oconee county, and provide compensation for the same, approved December 5, 1882. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the third section of the above-recited Act be, and the same is hereby amended by inserting after the word case in the third line, prosecuted to conviction

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or plea of guilty, so that said section, when amended, shall read and be as follows: That the said Solicitor of the County Court shall receive as his compensation five dollars in each case prosecuted to conviction or plea of guilty, 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. Fees of Solicitor of County 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 18, 1884. DISPOSITION OF FINES, ETC., IN MACON COUNTY COURT. No. 27. An Act to provide for the disposition of fines and forfeitures arising in the County Court of Macon 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, all fines and forfeitures collected in every case originating in the County Court of Macon 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 general county fund to be paid out for general county purposes. 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. Disposition of fines, etc. Under order County Judge. 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 under which fines and forfeitures are distributed in cases pending in the Superior Court, and in such cases the officers of the County Court shall 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 any fines and forfeitures now on hand in the County Court into the general county fund, to be used for general county purposes; Provided , that the lawful orders 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 generrl county fund, to be used for general county purposes. Authority of County Treasurer as to payment.

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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 18, 1884. ABOLISHING COUNTY COURT OF MONROE. No. 34. An Act to repeal the County Court of Monroe county, and to provide for the transfer of the civil and criminal business pending therein to the Superior Court of said county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid , That the County Court of Monroe county, and the offices of Judge, bailiff and other offices of and connected with said court be, and the same are hereby abolished, this Act to take effect on the first day of January, 1885. County Court abolished. Sec. II. Be it further enacted , That the civil and criminal business pending and undisposed of in said court on the said first day of January, eighteen hundred and eighty-five, be disposed of in the following manner: The civil causes shall be transferred to the Superior Court of said county and entered on the appeal docket by the clerk of said court, who shall note on the docket the fact of their transfer. Said causes shall stand for trial at the first term of said Superior Court after said transfer and shall be tried as appeal cases; Provided , that no damages shall be awarded by the jury as in appeal cases. The criminal cases in shape of indictment, presentment or accusation shall be transferred to the Superior Court of said county and entered on the criminal docket by the Clerk of said court, who shall note thereon the fact of their transfer. Said cause shall stand for trial at the first term of said Superior Court after said transfer, and shall be tried in the same manner as other criminal cases in said Superior Court. Transfer of cases, etc. Proviso. Sec. III. Be it further enacted , That the Judge of the County Court shall, on the first day of January, eighteen hundred and eighty-five, turn over to the Clerk of the Superior Court for the purposes specified in the second section of this Act, and for their protection and preservation, all the books of record, dockets, minutes and other books, and all other papers of every character belonging to and connected with said County Court. Books, dockets, etc., to be turned over to Clerk Superior Court. Sec. IV. Be it further enacted , That in the event the Superior Court, in sustaining any certiorari from said County Court pending at the time of its abolition, should not finally dispose of the case, then the Clerk of the Superior Court shall enter said case on the proper docket, civil or criminal, to which it belongs, and said case hall stand for trial and be tried as set forth in section second of

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this Act. All final process from said County Court shall, after its abolition, be returned by the Sheriff to the Superior Court, and all issues arising upon the enforcement of the final processes of said County Court shall be returned by the Sheriff to the Superior Court, there to be tried in the same manner as like issues arising upon the enforcement of fi. fas . of the Superior Court. Cases not finally disposed of on certiorari. Final process. Sec. V. This Act repeals all conflicting laws. Approved December 18, 1884. CREATING COUNTY COURT OF DOUGLAS. No. 35. An Act to create and establish a County Court in and for the county of Douglas; to provide for the appointment of a County Solicitor for said county of said County Court, 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 a County Court be, and is hereby created in and for the county of Douglas, with all the powers, jurisdiction, modes of procedure and officers as are provided in chapter four of the new Code of 1882 of this State, and in sections from (279) two hundred and seventy-nine to (317) ( e ) three hundred and seventeen ( e ), inclusive, of said chapter of said Code, and all of said law in said chapter shall be applicable to said County Court, except as herein excepted. County Court created. Powers, jurisdiction, etc. Sec. II. Be it further enacted by the authority aforesaid , That there shall be a County Solicitor in and for said county for said County Court, to be appointed by the Governor, by and with the advice and consent of the Senate, who shall receive such fees and compensation and shall perform such duties as are now prescribed by law in said fourth chapter of the Code of this State, his term of office to be four years. County Solicitor. Fees, duties, etc. Term. 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 19, 1884.

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CREATING CITY COURT OF COLUMBUS. No. 42. An Act to establish a City Court in the city of Columbus for Muscogee county, and to provide for the appointment of a Judge and Solicitor 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 the authority of the same , That a City Court be, and the same is hereby created and established in the city of Columbus, with jurisdiction over the entire county of Muscogee, which shall be a court of record, concurrent with the Superior Court, to try and dispose of all civil cases, not to exceed five hundred dollars, of whatsoever nature, except where exclusive jurisdiction is vested by the constitution and laws of this State in the Superior Court; Provided , that when the amount involved is less than one hundred dollars, the 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 with jurisdiction to try and dispose of all criminal offenses below the grade of felony committed in the county of Muscogee. City Court created. Jurisdiction. Costs. 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 twelve 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 Muscogee; and it shall be the duty of the Ordinary, or commissioners of said county or other proper officer, to make provision annually in levying taxes for this purpose, and no one shall be appointed Judge of said court who is at the time of his appointment under twenty-five years of age, and who has not been a practicing lawyer six years, and who has not been a resident of said county four years, and he shall receive no other compensation for his services except as hereinafter expressed; and before entering upon the discharge of his duties he shall take and subscribe an oath to be prescribed by the Governor, and annexed to his commission, for the faithful discharge of the duties of his office. Judge, appointment and term. Vacancies. Salary. Qualifications. Oath. Sec. III. Be it further enacted , That the Solicitor general of the Chattahoochee circuit shall be ex-officio Solicitor of the said City Court. It shall be the duty of the Solicitor of said court to represent the State in all cases in said court in which the State shall be a party,

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and shall perform therein such other duties as usually appertain to his office; he shall receive for his services in said City Court the same fees that are provided by law for similar services in the Superior Court. Whenever the Solicitor general shall be unable to attend said court by reason of his official engagements in any other court, or on account of sickness. or by reason of any other disability, it shall be the duty of said City Court Judge to appoint some competent attorney as Solicitor pro tem. , who shall receive the same fees that are allowed the Solicitor for the same services. Solicitor. Duties Fees. Solicitor pro tem. Sec. IV. Be it further enacted , That the Clerk and Sheriff and their deputies of the Superior Court of Muscogee 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, except that when cases are brought in said City Court that may be within the jurisdiction of Justices Court, they shall be allowed no more fees than are allowed in like cases in the Justices Courts, and in all cases within the jurisdiction of the Justices Court, any lawful constable in Muscogee county may serve original process upon the defendant, when required to do so, and shall be entitled to the same fees as allowed by law for like service in Justices Court, and the said Clerk and Sheriff and deputies shall be subject to the same obligations and penalties as they are subject to in the Superior Court; and whenever either the Clerk or Sheriff shall be a party to any suit, or proceeding in said City Court, the clerk of the city council of Columbus shall have authority to act as clerk, and the marshal of the city of Columbus shall have authority to act as Sheriff for all the purposes of said trials, and shall be entitled to the same fees allowed by law for such services. Clerk, Sheriff, etc. Fees. Service of process. Fees for. Duties of officers, etc. Officers as parties. Sec. V. Be it further enacted , That there shall be a Grand Jury and a petit jury for said City Court, to be selected as follows: As there will always be a panel of Grand Jurors in existence, drawn and selected for service in the Superior Court for said county, and as by the establishment of this City Court their labors will be greatly lessened in the Superior Court, the same persons so drawn for the Superior Court shall be liable to serve as Grand Jurors for said City Court, and shall be liable to serve when summoned at any and every term of said City Court until another Grand Jury shall be drawn to serve in the Superior Court, when they shall in like manner be liable to serve; and the said Grand Jury shall be composed of the same number, and be summoned in the same manner, and be subject to the same rules, regulations, pains and penalties as are by law prescribed for serving in the Superior Court, but the said Grand Jurors shall not be liable to serve more than three days at any one term of said City Court, unless specially ordered by said City Judge, and then not liable to serve more than five days at any one term, and as compensation for their services they shall receive each $1.00 per day, to be paid in the same manner as when serving in the Superior Court. Juries. Grand Jurors, how selected. Compensation.

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Sec. VI. Be it further enacted , That petit jurors for service in said City Court shall be selected and drawn in the following manner: The Clerk of the Superior Court being ex-officio Clerk of said City Court shall have prepared at public expense, as is done in the Superior Court, two jury boxes marked respectively No. 1 and 2, and shall prepare a list of all persons in said county liable to serve as petit jurors and place their names in box No. 1, and when that is done all the rules and regulations prescribed by law in the Superior Court in reference to the custody and management of jury boxes and drawing of juries shall apply to and be of force in said City Court, and all the duties prescribed by law for the Judge, Clerk and Sheriff of the Superior Court in reference to the drawing and summoning and empaneling petit juries in the Superior Court shall devolve upon the Judge, Clerk and Sheriff of said City Court, and for the first term of the said City Court they have authority to draw a jury in vacation, and at each term thereafter they shall draw a jury in open court as is done in the Superior Court, but upon failure so to do from any cause, the same may be done in vacation; and in case of necessity tales jurors may be summoned as is done in the Superior Court, and as compensation said petit jurors shall receive for each day's services one dollar each to be paid to them in the same manner as is herein prescribed for the payment of Grand Jurors. Petit jurors, how selected. Tales jurors. Compensation. Sec. VII. Be it further enacted , That in all matters pertaining to organizing or empaneling the jury, in excusing them from service and punishing them for contempt, and in striking a jury for the trial of causes, in all matters pertaining to pleadings and proofs, in all matters from the commencement of suits to the final judgment in all cases brought and tried in said City Court, the same rules and regulations shall apply as are now, or may hereafter be adopted in reference to cases in the Superior Courts, except when the same are inconsistent with the provisions of this Act; in all matters pertaining to the duties of the Clerk and Sheriff, in copy ing writs, issuing process, keeping dockets and records and serving process, all laws of force in this State in reference to the Superior Court shall apply to and be of force in said City Court, except as modified by this Act, but in all civil suits in said City Court, the declaration shall be filed fifteen days before court and shall be served ten days before court; in all matters pertaining to attachments, garnishments, scire facias to make parties and claim cases when personal property is levied on, and in all other cases over which said City Court has jurisdiction, all laws, rules and regulations of force in the Superior Court shall apply to and be of force in said City Court, except as modified by this Act. Regulations as to juries. Pleading, proofs, etc. Duties of officers as to writs, etc. Filing declaration. Attachments, claims, etc. Sec. VIII. Be it further enacted , That in all cases in said City Court and within its jurisdiction, said court shall be governed by the same laws and rules of practice as prevail in the Superior Court, and with like remedies, and its judgments shall have the same dignity and binding effect, and the Judge and all other officers of said City

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Court shall have power respectively to administer all oaths pertaining to their respective offices in the same manner as the same officers have authority to do in the Superior Court, and the Judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which, by existing laws, such papers may be attested and affidavits may be administered by a Justice of the Peace of this State, and the Judge of said court shall have all the powers and authority throughout his jurisdiction of the Judges of the Superior Courts, except when by law exclusive power is vested in the Judges of the Superior Court. All laws relating to the powers and duties of the Judges of the Superior Courts shall apply to the Judge of said City Court so far as the same may be applicable, except as herein provided. Said City Court shall be a court of record, and have a seal, and all laws, rules and regulations in reference to them shall be the same as are of force in the Superior Court, except as herein provided. Rules of practice. Judgments. Oaths, etc. Powers of Judge. Court of record. Sec. IX. Be it further enacted , That there shall be four regular quarterly terms of said City Court in each year, which shall be held on the first Mondays in January, April, July and October, at the court-house in said county, for the transaction of civil and criminal business, and juries shall be drawn and summoned for each term as herein directed. The Judge of the said City Court shall have discretion to hold adjourned terms of the said quarterly terms when deemed necessary for the trial of civil or criminal cases. In all cases in said City Court where the Judge of said court is disqualified, the Judge of the Superior Court may preside, and on his failure to do so, a member of the bar may be agreed upon, or appointed, as is provided by law in such cases in the Superior Court; and in all cases in the Superior Court of Muscogee county where the Judge of the Superior Court shall be disqualified, the Judge of said City Court shall have authority to preside, and the Judge of the said City Court shall have power to grant new trials in all cases, both civil and criminal, tried before him in said City Court, under the same rules and regulations which govern motions for new trials in the Superior Court, except as herein provided; but in all such cases, such motions shall be made and passed upon within fifteen days from the final adjournment of the term of said court unless the Judge of said court shall order otherwise. Terms. Disqualification of Judges. New trials. Sec. X. Be it further enacted , That there shall be no appeals from said City Court to the Superior Court, but in all cases, both civil and criminal tried in said City Court, all parties shall have the same right to go direct to the Supreme Court upon bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing bills of exceptions in the Superior Courts in this State, or, at the option of all such parties, both sides consenting thereto, instead of going direct to the Supreme Court by bill of exceptions, they may have the right of a bill of exceptions from said City Court to the Superior Court of Muscogee county, under the same rules and regulations as above

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prescribed for bills of exceptions to the Supreme Court, but in all cases where parties take bills of exceptions from said City Court to the Superior Court, as above prescribed, it shall operate as a waiver of their right to have a bill of exceptions, in the same cases, from the Superior Court to the Supreme Court; and in all cases where writs of error are taken, as above, to the Superior Court, and the judgment of the City Court is affirmed, the Superior Court shall order the case transmitted back to the City Court, where the said original judgment shall be carried out and when the judgment of the City Court is reversed, the case shall be ordered back for another trial; and when cases go direct to the Supreme Court, as above, the same rules and regulations shall be observed as are of force in regard to cases from the Superior Court, but where cases are taken, as above, from the City Court to the Superior Court by bill of exceptions, the Clerk need not make out a transcript of the record, but shall send up the entire record and papers of file in the City Court. Bill of exceptions to Supreme Court. Rules for, etc. Bill of exceptions to Superior Court. Waiver of rights. Effect of. Sec. XI. Be it further enacted , That in all civil cases in said City Court, the said City Judge shall have authority, the parties consenting thereto, to hear and determine and give judgment in the same without the intervention of a jury, and in all cases where a trial is had before a jury, and a verdict is rendered, there shall be taxed a jury fee of $3.00, which shall be paid, as part of the costs, by the party against whom the final judgment is rendered, and all such jury fees shall be collected by the Sheriff and paid over to the County Treasurer; and in all cases, both civil and criminal, tried by a jury in said City Court, the jury shall be stricken in the same manner as now provided by law for striking a jury for the trial of civil cases in the Superior Court. In case of the absence of said City Judge, or his inability, from any cause, to attend at any term of said court, it shall be the duty of the Clerk or Sheriff of said court to adjourn the court to such day as the Judge of said court may in writing direct. Trials by Judge alone. Jury fee. Jury, how stricken. Absence, etc., of Judge. Sec. XII. Be it further enacted , That all moneys arising from fines and forfeitures of every description on the criminal side of said City Court shall be applied to the payment of the fees of the Solicitor, Clerk, Sheriff, officers of said court, magistrates and bailiffs, the same to be paid and distributed among them under the same rules and regulations that have been prescribed by law for the payment of insolvent costs to the officers aforesaid in the Superior Court. Disposition of fines, etc. Sec. XIII. Be it further enacted , That it shall be the duty of Justices of the Peace, Notaries Public and other committing officers to bind over all persons brought before them charged with offenses committed within the limits of Muscogee county, over which the said City Court has jurisdiction, to appear before said City Court to answer for said offenses. Justices of peace, etc., to bind over misdemeanors to the court. Sec. XIV Be it further enacted , That the Judge of said City Court shall have authority to issue criminal warrants and hold preliminary examinations and bind over or discharge persons charged with crimes in the same manner as any other committing magistrate or

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officer of this State may do, and he shall also have authority to grant writs of habeas corpus and to determine the same in the same manner as the Judge of the Superior Court may do, except in cases of capital felony. Power of Judge as to criminal warrants, etc. Habeas corpus. Sec. XV. Be it further enacted , That in all cases not returnable to or connected with said City Court, such as issuing attachments, witnessing deeds or other papers, said City Judge shall be entitled to the same fees that other officers of the State are entitled to receive for like services, and upon writs of habeas corpus and other like proceedings heard at chambers and not connected with said City Court, he shall receive not exceeding five dollars per day, to be paid by the party making the application, and to be taxed as costs on final judgment against either or both parties, at the discretion of the court. Fees of Judges. Sec. XVI. Be it further enacted , That upon the trial of all cases in said court, civil and criminal, the Judge shall have authority to cause a brief of the oral testimony to be taken down by the stenographer of the Chattahoochee circuit, under the same rules and regulations as are provided by law for like services in the Superior Court. Briefs of testimony. Sec. XVII. Be it further enacted , That the Judge of the Superior Court shall have authority, in all cases where bills of indictment may be returned by the Grand Jury in the Superior Court of said county for crimes below the grade of felony, to order said bills of indictment, with all papers connected with such cases, transmitted to the said City Court, and when so done, the said City Court shall have authority to try the same in the same manner as if said bills of indictment had been found in said City Court, and all such defendants shall be bound to appear and answer in the same manner as if said bills of indictment had been found in said City Court. Transfer of cases from Superior Court. Sec. XVIII. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 20, 1884. CREATING CITY COURT OF CARROLLTON. No. 44. An Act to establish a City Court in the city of Carrollton, in the county of Carroll; to provide for the appointment of a Judge and Solicitor thereof, and to define their duties and powers. 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 a City Court, which shall be a court of record, be, and the same is hereby created and established in the city of Carrollton, in the county of Carroll, having jurisdiction over the whole of said county, concurrent

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with the jurisdiction of the Superior Court of said county, to try and dispose of all civil cases above the jurisdiction of Justices of the Peace, and not exceeding three hundred dollars, except divorce cases, cases respecting titles to land and equity cases, and having criminal jurisdiction to try and dispose of all offenses committed in said county of Carroll below felony, and to sit as a committing court to hold preliminary examinations of felonies committed in said county. Court established. Jurisdiction. Sec. II. Be it further enacted , That the jurisdiction of said City Court shall include not only ordinary suits by petition and process but all other kinds of suits and proceedings which now or at any time hereafter may be in use in the Superior Courts, either under the common law or by statute, and all attachment proceedings, and all issues made by affidavit of illegality, counter-affidavit or otherwise in such suits and proceedings, and all statutory awards and proceedings against intruders and tenants holding over, and all proceedings for partition of personal property, for trial of possessory warrants, and all issues upon distress warrants for rent, and upon foreclosure of mortgages and liens upon personal property, are hereby made returnable to said City Court; Provided , the amount involved is within the limits of the jurisdiction of said City Court; and said City 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 bonds of like nature, and to enforce, in same manner as the Superior Courts, the forfeiture of all bail bonds in criminal cases returnable thereto, or transmitted thereto from the Superior Court of said county, although the penalties in said bonds may be greater or less than the jurisdictional limits of said City Court. Jurisdiction farther. Proviso. Sec. III. 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 the office of Judge of said City Court shall be filled by appointment of the Governor for the remainder of the unexpired term, and if a vacancy occurs in said office when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and submit such appointment to the Senate at its next session thereafter. No person shall be appointed Judge of said City Court unless, at the time of his appointment, he shall have attained the age of twenty-five years, and have been a resident of said county for four years next preceding his appointment, and shall be a lawyer and have practiced law for four years next preceding his appointment. The Judge of said City Court shall take and subscribe before the Ordinary of said county the oath of all civil officers, and in addition thereto the following oath: I do solemnly swear that I will administer justice to all, without respect to persons and without regard to the rich or the poor, and that I will faithfully and impartially discharge the duties of Judge of the City Court of the county of Carroll, of this

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State, according to the best of my ability and understanding, agree ably to the laws and constitution of this State and the constitution of the United States So help me God. Judge. Appointment and term. Vacancies. Qualifications. Oath. Sec. IV. Be it further enacted , That the Judge of said City Court shall receive a salary of five hundred dollars per annum, which shall not be increased nor diminished during his term of office, and which shall be paid quarterly out of the treasury of said county of Carroll. It shall be the duty of the Ordinary of said county, or any other person or persons exercising the duties of Ordinary, to make provision annually in levying taxes for this purpose. The said Judge of said City Court shall not receive any other compensation than the salary herein provided, except fees for taking bail in criminal cases and for attesting such other papers as are not connected with any judicial proceeding before his court. The fees for such services shall be one dollar. Salary. Fees Sec. V. Be it further enacted , That the Judge of said City Court may practice law in all the courts of this State except his own, and except in cases growing out of proceedings in his own court. May practice law. Sec. VI. Be it further enacted , That if from any cause the Judge of said City Court shall be disqualified to preside in a case, the Judge of the Superior Court of said county of Carroll may preside in his stead, and in like manner the Judge of said City Court may preside in the trial of cases in the Superior Court of said county in which the Judge thereof is disqualified, or in civil cases in said City Court, in which the Judge thereof is from any cause disqualified to preside, the parties or their counsel may agree upon some attorney to preside in his place, and the Judge of said City Court shall have an order to that effect placed upon the minutes of said court. Disqualification. May preside in Superior Court. Sec. VII Be it further enacted , That there shall be a Solicitor of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. No person shall be appointed Solicitor of said City Court unless at the time of his appointment he shall have arrived at the age of twenty one years and been a resident of said county three years, and shall be a lawyer and have practiced law for three years next preceding his appointment. Solicitor. Appointment. Term. Vacancies. Qualifications. Sec. VIII. Be it further enacted , That it shall be the duty of the Solicitor of said City Court to represent the State in all cases in said City court and in cases carried up to the Supreme Court from said City Court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the Solicitor of said City Court cannot attend the duties of the same, it shall be his duty to secure the services of some competent attorney at law to represent him in said court, and on his failure to do

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so the Judge of said City Court shall appoint some competent attorney to act as Solicitor pro tem . The Solicitor of said City Court shall receive for his services the same fees as are by law allowed Solicitors general for like services in the Superior Courts and in the Supreme Court. His fees in said City Court shall be paid pro rata with the Clerk and Sheriff's fees out of any fines and forfeitures arising from cases that originated in said City Court. The fees of said Solicitor for services rendered in the Supreme Court shall be paid by the State, on the warrant of the Governor, in all cases where said Solicitor shall present the certificate of the Clerk of the Supreme Court as to such services, and also the certificate of the Clerk of said City Court to the effect that the defendant has been acquitted or is unable to pay costs. In cases transmitted from the Superior Court of said county, the Solicitor-general, Clerk and Sheriff thereof shall be entitled to have their claims for services rendered in such cases paid pro rata with the Solicitor, Clerk and Sheriff of said City Court out of any fines and forfeitures arising from cases so transmitted. Duties. Solicitor pro tem. Fees. Fees of Solicitor, Clerk and Sheriff in transferred cases. Sec. IX. Be it further enacted , That the Clerk, Sheriff and their deputies of the Superior Court of said county of Carroll shall be exofficio Clerk, Sheriff and deputies of said City Court, and as such shall perform all the duties in said City Court that are by law required to be performed in the Superior Court, so far as the same are applicable, and they shall receive for their services the same fees as are allowed by law for like services in the Superior Court, and for services rendered where no compensation is provided by law, they shall receive such compensation as the Judge of said City Court shall, in his sound discretion, allow. All the officers of said City Court shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Clerk, Sheriff, etc. Duties. Fees. Penalties. Remedies. Sec. X. Be it further enacted , That in the exercise of its jurisdiction said City Court shall have power to enforce and be governed by the same laws as to pleadings, practice, modes of procedure, procuring testimony of witnesses, either by subp[UNK]na or interrogatories, and the production of evidence by subp[UNK]na duces tecum or other wise, which prevail in or appertain to the Superior Courts, as the same now exist or as they may hereafter from time to time be changed or modified, so far as applicable and not inconsistent with this Act, embracing also the rules of court as established by the Judges of the Superior Courts and the power to cause testimony to be taken and used de benc esse , and for the purpose of perpetuating testimony within his jurisdiction according to the general laws of this State. Rules of pleading, practice, etc. Sec. XI. Be it further enacted , That the Judge and all other officers of said City Court shall have power respectively to administer oaths pertaining to their offices, and that the Judge of said City Court shall have power to attest deeds, mortgages and other papers,

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and administer affidavits to foreclose mortgages and liens on personal property, and to issue distress warrants for rent, and administer affidavits in all cases any where in this State in which such affidavits may be administered by Justices of the Peace of this State. Administering oaths. Powers of Judge. Sec. XII. Be it further enacted , That all judgments and proceedings of said City Court shall have the same dignity and binding effect as judgments and proceedings of the Superior Courts of this State, and shall be enforced by execution issued and signed by the Clerk of said City Court and bearing test in the name of the Judge thereof, and such execution shall be directed to the Sheriff, or his deputy, of said City Court and to all and singular the Sheriffs or their deputies of this State, and may be levied on and satisfied out of any property of the defendant to be found in this State, in the same manner as executions from judgments and proceedings in the Superior Courts of this State are levied and satisfied. Rank of judgments, etc. Enforcement of. Direction, etc. Sec. XIII. Be it further enacted , That there shall be four regular quarterly terms of said City Court held each year, commencing on the first Mondays in February, May, August and November, and continuing until the business of the court is disposed of, unless sooner adjourned for good cause; said terms of said court shall be held at the court-house in Carroll county for the transaction of civil and criminal business, for which juries shall be drawn as hereinafter directed. The Judge of said City Court shall in his discretion hold his court at the same place at any other times for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interests of the State and the accused, and he may also hold adjourned terms of the regular quarterly terms of said City Court, for which he may draw new juries, or require the attendance of the same as in his sound legal discretion may seem best. Terms. Sec. XIV. Be it further enacted , That in case of the absence of the Judge of said City Court at any term thereof, the Sheriff or Clerk of said court may adjourn it to such time as the Judge may in writing direct, or if no direction be given the court shall be adjourned to the next regular quarterly term. Absence of Judge. Sec. XV. Be it further enacted , That in all cases the original petition shall be filed in the Clerk's office at least fifteen days before the term of court to which it is made returnable, and if filed within fifteen days the Clerk shall make it returnable to the next succeeding term thereafter. The service of process shall be made at least ten days before the term to which it is made returnable. All ordinary suits stand for trial at the second term as in the Superior Courts. Appearance and pleading shall be a waiver of all irregularities of process or of the absence of service thereof. Filing of declaration. Service of process. Trial of causes, etc. Sec. XVI. Be it further enacted , That all garnishment proceedings in said City Court, when the garnishee shall be a resident of said county of Carroll, shall be conformable to the laws of the State on that subject in the Superior Courts, and when the garnishee shall reside in any other county of this State, the same laws shall

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prevail and be applicable to said City Court, except the papers shall be returnable to the Superior Court of the garnishee's residence, and all subsequent proceedings shall be had therein. Garnishments, etc. Sec. XVII. Be it further enacted , That all persons who are liable to serve as grand and petit jurors in the Superior Court of said county shall be liable to serve as petit jurors of said City Court, and it shall be the duty of the Clerk of said City Court to copy and arrange in alphabetical order, in a book to be kept for that purpose, the names of all persons liable to serve as jurors, grand and petit, in the Superior Court of said county, under the supervision of the Judge of said City Court, and to make a new list as often as the jury lists of said Superior Court are revised, to conform to said revision, which book shall be kept in the office of the Clerk of the said City Court. The said Clerk shall also make out tickets equal in number to the number of names on said list and write upon each ticket the name of one of said persons and put it in apartment No. 1 of a box, to be provided at the public expense, having two apartments, marked No. 1 and No. 2, until there shall be a ticket in apartment No. 1 of said box bearing the name of each person in said list. Grand and petit jurors. Sec. XVIII. Be it further enacted , That at each term of said City Court, and in open court, the Judge thereof shall draw from apartment No. 1 of said box thirty names of persons to serve as jurors at the next term thereafter of said City Court, and shall cause the Clerk to record the names of the persons so drawn and then deposit the names so drawn in apartment No. 2 of said box, and when the names are all drawn from apartment No. 1 the drawing shall commence from apartment No. 2, and the names so drawn and recorded as above specified shall be deposited in apartment No. 1, and so on alternately. The said box shall be kept under one seal and lock, and shall not be opened by any one 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 when from failure to draw a jury in term time or from other cause it may be necessary to draw a jury for said City Court in vacation. If from any cause a jury should not be drawn in term-time, either the Judge of said City Court or the Judge of the Superior Court of said county may at any time twenty-five days before the next term of said city court, in the presence of the Clerk and Sheriff of said City Court, proceed to draw a jury in the manner above prescribed. The Clerk of said City Court shall keep said jury-box and the Sheriff the key, and it shall be the duty of the Clerk of said City Court, within five days after the appointment of the Judge of said City Court, to prepare said jury list in a box as hereinbefore prescribed, and the jury to serve at the first regular quarterly term of said City Court shall be drawn as above provided for drawing juries in vacation. Drawing of jurors, etc.

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Sec. XIX. Be it further enacted , That the Clerk of said City Court shall make out a precept containing the names of the persons drawn, as directed in the preceding section, and a summons for each juror and deliver the same to the Sheriff of said City Court at least twenty days before the next term of said court, whose duty it shall be to serve each of said persons by handing him a summons personally, or by leaving it at his most notorious place of abode at least ten days before the term of said City Court at which such person is required to attend. The same regulations which prevail in the Superior Courts in regard to summoning talesmen, the competency of jurors and in regard to juries and jurors in general, shall prevail in said City Court as far as applicable. The Sheriff shall be entitled to a fee of five dollars for summoning the jurors for each term, and the jurors so empaneled shall receive the same pay allowed jurors in the Superior Court in the county of Carroll. Fervice of jurors, etc. Fees of Sheriff. Of jurors. Sec. XX. Be it further enacted , That from the panel drawn and summoned as herein before directed, the Judge of said City Court shall cause to be made up twe juries, consisting of twelve jurors each which shall be known and distinguished as juries numbers one and two, and all cases and issues to be tried by a jury shall be tried by one of these or by a jury stricken from both, as hereinafter provided, unless trial by jury shall be waived. If said panel from any cause should be reduced below twenty-four, the Judge of said City Court shall fill it by causing talesmen to be summoned instanter . Petit jurors. How stricken. Sec. XXI. Be it further enacted , That in all criminal cases tried before a jury in said City Court, the defendant shall be entitled to seven peremptory challenges and the State to five, and in civil cases the plaintiff and defendant shall be each entitled to six, the plaintiff having the first strike or challenge. Striking in criminal cases. Civil cases. Sec. XXII. Be it further enacted , That the Judge of said City Court shall hear and determine all civil cases over which said court has jurisdiction, and give judgment and award execution thereon without a jury, except where either party shall, at or before the calling of the appearance docket at the appearance term of cases, demand in writing a trial by jury. A failure to file such demand at or before the time of calling the appearance docket shall be a waiver of said right. Right of Judge to hear civil causes. Sec. XXIII. Be it further enacted , That all criminal trials in said City Court shall be tried by the Judge thereof without a 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 shall be a waiver of both, and the accused shall not thereafter have the right to recall such waiver. When the accused demands indictment by a Grand Jury it shall be the duty of the Judge of said City Court to commit or bind him over to the Superior Court. When indictment of a Grand Jury is waived but a trial by jury is demanded, if at a special term of said court, the case shall stand continued to the next regular quarterly term thereon, and shall then stand for trial in its order as other jury cases. If, upon the

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trial of any case in which the accused has not been indicted, it shall appear to the Judge that the evidence produced makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bind over the defendant to the next Superior Court as in preliminary examinations. Criminal causes. Pleas, etc. Sec. XXIV. Be it further enacted , That all defendants in criminal cases where the prosecution originates in said City Court, or where such defendants are bound over to said City Court by any Justice of the Peace or Notary Public or other judicial officer, shall be tried upon written accusation, setting forth plainly and distinctly the offense charged, founded upon affidavit of the accuser and signed by the Solicitor of said City Court, and all the proceedings after accusation shall conform to the rules governing in the Superior Courts, except there shall be no jury trial unless demanded as hereinbefore provided by the accused. In all cases tried upon accusations the offense shall be therein charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Trial on accusation. Sec. XXV. Be it further enacted , That the Judge of said City Court shall have power to grant new trials in all cases, both civil and criminal, tried in his court, 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 of said City Court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause Further time may by order be granted, in the discretion of the Judge of said court. In other respects, such motion shall be governed by the ordinary rules aforesaid. New trials. Sec. XXVI. Be it further enacted , That a writ of error will lie direct to the Supreme Court of this State from said City Court upon a bill of exceptions made and filed under the same rules and regulations as govern and control the issue of writs of error and filing bills of exceptions in the Superior Courts of this State. Writ of error. Sec. XXVII. Be it further enacted , That all parties in cases in said City Court shall have the same powers and rights as to waivers in pleading or other procedure in said court, or in any matter pertaining to the same, as are allowed and upheld by the laws and rules governing such matters in the Superior Courts. Waivers in pleadings, etc. Sec. XXVIII. Be it further enacted , That it shall be the duty of the Judge of the Superior Court of the county of Carroll to pass an order or orders at or before the close of each term of the Superior Court of said county transmitting all presentments and bills of indictment for offenses below felony returned by the Grand Jury thereof, at any term of said court, from said Superior Court to the said City Court for trial, and when so transmitted, such cases shall stand for trial at the next term of said City Court, unless continued

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for good cause. The order or orders so transmitting such cases shall be entered on the minutes of both courts. Transfer of cases from Superior Courts. Sec. XXIX Be it further enacted , That it shall be the duty of all Justices of the Peace, Notaries Public, and other judicial officers of this State, sitting as a committing court, to bind over to said City Court all persons charged with offenses below felony, committed within the limits of said county of Carroll, to answer for said offense. Duty of magistrates as to committing to this court. Sec. XXX. Be it further enacted , That the Judge of said City Court shall have the same power and authority to preserve order, punish contempts and enforce his processes, sentences and orders as is or may hereafter be vested in the Superior Courts of this State. Preserving order, enforcing processes, etc Sec. XXXI. Be it further enacted , That when any execution issued out of said City Court shall be levied on any realty in this State, and claim shall be filed to the same, it shall be returned to the Superior Court of the county where the land lies, and shall be tried and determined as other claim cases returned to said Superior Court. Claims. Sec. XXXII. Be it further enacted , That scire facias to make parties in any cause in said City Court shall issue as in the Superior Courts, and shall have force throughout the State, and be served by any Sheriff or Deputy Sheriff of this State. Scire facias. Sec. XXXIII. Be it further enacted , That all laws now of force in this State, or that may be hereafter passed in reference to any matter over which the said City Court has, by this Act, jurisdiction, shall apply to said City Court so far as the nature of the same will admit. General rules. Sec. XXXIV. 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 20, 1884. ABOLISHING COUNTY COURT OF BIBB. No. 49. An Act to abolish the County Court of the county of Bibb; to provide for the disposition of the business pending therein and the court papers, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the County Court of Bibb county be, and the same is hereby abolished. County Court abolished. Sec. II. Be it further enacted by authority aforesaid , That all suits now pending in said court undisposed of, which were brought to the monthly term of said County Court, shall be transferred to the Justice Courts of said county, in which the defendants to said suits may reside, upon the affidavit of the plaintiffs or their attorneys, stating

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where such defendants reside, and such cases shall then proceed to trial in said Justice Courts as though originally brought therein; Provided , the plaintiffs may have such cases transferred to the City Court of Macon, but shall only receive Justice Court costs. Disposition of causes. To Justices' Courts. Sec. III. Be it further enacted , That all suits now pending in said court, which were brought to or are pending in the quarterly terms of said court, shall be transferred to the City Court of Macon when said City Court of Macon is established. To City Court to Macon. Sec. IV. Be it further enacted , That all fi. fas and other final pro cesses of said County Court now unsatisfied shall be executed by the Sheriff of said county, and all issues or claims raised by reason of the enforcement of said fi. fas , or other final processes, shall be returned to the City Court of Macon for trial and final disposition. Execution of fi. fas., etc. Sec. VI. Be it further enacted , That all records, books and papers now belonging to or appertaining to the said County Court shall be deposited with the Clerk of the City Court of Macon, when established, for prosecution. Disposition of books, papers, etc. Sec VI. Be it further enacted , That the provisions of this Act shall go into force and effect on the 19th day of May, 1885. When Act to go into effect. Sec. VII. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved December 23, 1884. TRIAL OF CIVIL CASES IN CITY COURT OF ATLANTA. No. 83. An Act to permit the City Court of Atlanta to try civil business during the March and September terms of said court in every year. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, jurisdiction is conferred on the City Court of Atlanta to try, during the March and September terms of said court, for each and every year, any and all civil cases which, under the existing laws, have become ripe for trial, after their return to the June and December terms of the City Court. Civil cases may be tried at March and September terms. Sec. II. Be it further enacted , That each and every trial of such cases at said March and September terms, and every verdict, order or other action shall be as valid and legal as if tried and rendered at said June or December terms, and all motions for a new trial, arrest of judgment and bills of exception shall be made, tendered and acted upon as of said March and September terms. Same validity, etc., as at other terms. Motions for new trial, etc. Sec. III. Be it further enacted , That the consent of counsel, heretofore required for the trial of civil cases at the March and September terms of said court, be no longer necessary, but all cases not disposed

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of at the June terms shall stand for trial at the September terms following, and all cases not disposed of at the December terms shall stand for trial at the March terms following. Consent not necessary. 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 24, 1884. PROHIBITING JUDGE CITY COURT OF ATLANTA FROM PRACTIOING LAW. No. 84. An Act to prohibit the Judge of the City Court of Atlanta from practicing law. 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 City Court of Atlanta be prohibited from practicing law. Judge prohibited from practicing law. Sec. II. Be it further enacted , That all laws and part of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. CREATING CITY COURT OF MACON. No. 118. An Act to establish the City Court of Macon, in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the City Court of Macon is hereby established and created with civil and criminal jurisdiction over the whole county of Bibb; this Act to take effect on the passage thereof. City Court created. Sec. II. Be it further enacted , That said City Court of Macon shall have jurisdiction to try and dispose of all civil cases of whatsoever nature, but in all suits brought in said court in sums of one hundred dollars or less, the plaintiff shall only receive Justice Court costs, except in those casesover which exclusive jurisdiction is vested in the Superior Courts by the constitution and laws of the State of Georgia; always Provided , that said City Court of Macon shall not have power to correct errors in inferior jurisdiction by writ of

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certiorari , and said City Court shall not have power to issue writs of mandamus or prohibition, or quo warranto , or to foreclose mortgages on real estate. Jurisdiction. Costs. Sec. III. Be it further enacted , That said City Court of Macon shall have jurisdiction to try and dispose of all criminal cases, when the offender is not subjected to loss of life or confinement in the penitentiary, committed in the county of Bibb. In criminal cases. Sec. IV. Be it further enacted , That there shall be a Judge of said City Court of Macon, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the office of Judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter; the Judge of said City Court of Macon shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Bibb by the person or persons charged by law with paying out of the moneys of Bibb county; Provided , the term of the Judge first appointed under this Act shall expire on January 1, 1887. Judge. Appointment. Term. Vacancies Salary. Proviso. Sec. V. Be it further enacted , That any person who shall be appointed Judge of said City Court must at the time of said appointment be at least twenty-seven years of age; he must also have been a resident of Bibb county at least four years immediately preceding his appointment, and he must also have been a practicing attorney at law at least five years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Macon of this State, according to the best of my ability and understanding agreeably to the laws and constitution of this State and the constitution of the United States. So help me God; and said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department; said Judge shall not practice law; he shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants and generally to do all acts which the Judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications. Oath. May not practice law. Authority. Sec. VI. Be it further enacted , That the Solicitor general of the Macon Judicial Circuit shall prosecute for all offenses cognizant before said City Court of Macon, but in his absence from said court, the Judge shall have power to appoint a Solicitor-general pro tem. , who shall receive the same fees as are allowed by this Act to the

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Solicitor-general in cases conducted by him; the fees of the Solicitor-general in said City Court shall be as follows: For every case prosecuted to trial or plea of guilty which originates by accusation in said City Court, $10.00; for every indictment prosecuted to trial or plea of guilty, $5.00; for every case for a violation of the gambling laws of this State, $25.00; for each case representing the State in each carried to the Supreme Court from said City Court, $15.00; for all services for which this Act does not provide he shall receive the same fees as are now allowed by law for similar services in the Superior Court. Solicitor. Pro tem. Fees. Sec. VII. Be it further enacted , That there shall be a Clerk of said court, who shall be appointed by the Judge thereof; said Clerk shall before entering on the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering on the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office; he shall hold his office during the term of two years. Clerk. Oath. Bond. Term. Sec. VIII. Be it further enacted , That the Sheriff of Bibb county shall be ex-officio Sheriff of the City Court of Macon, and in his official connection with said court, he shall be known as the Sheriff of the City Court of Macon; before entering on the discharge of the duties of his office, he shall execute a bond with good security in the snm of five thousand dollars for the faithful discharge of the duties of his office; he shall have power to appoint a deputy or deputies with the consent of said Judge; all the duties and liabilities attached to the office of Clerk of the Superior Court and to the office of Sheriff shall be attached to the office of Clerk of the City Court of Macon, and to the office of Sheriff of the City Court of Macon respectively, and the Judge of said City Court of Macon is empowered to exercise the same authority over the said Clerk and Shsriff and his deputy or deputies as is exercised by the Judge of the Superior Courts over the Clerks of the Superior Courts and Sheriffs of the counties in Georgia. Sheriff. Bond. Powers. Authority of Judge over officers. Sec. IX. Be it further enacted , That the fees of the Clerk and of the Sheriff of said City Court shall be the same as are now or may hereafter be allowed by law to the Clerk of the Superior Court and to the Sheriff of the county; except in criminal cases when no indictment is demanded or has been found, the Clerk shall only receive three dollars, and for his attendance at the regular terms of said court, the Sheriff shall receive the same pay, to be paid in the same manner as now allowed him for similar services in the Superior Court of Bibb county. Fees of Clerk and Sheriff. Sec. X. Be it further enacted , That the Judge of said City Court shall have power to issue writs of habeas corpus , and to hear and dispose of the same in the same way and with the same power as the Judge of the Superior Court. Habeas corpus.

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Sec. XI. Be it further enacted , That the terms of said City Court of Macon shall be held quarterly, beginning on the first Mondays in March, June, September and December of every year. The Judge of said court shall have power to hold said court in session from day to day for a period not longer than four weeks from the beginning of each term. Terms. Sec. XII. Be it further enacted , That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided, but the process to writs shall be annexed by the Clerk of said City Court, be tested in the name of the Judge thereof and be directed to and served by the Sheriff of the City Court of Macon, or his deputies thereof. Suits, process, etc. Sec. XIII. Be it further enacted , That in all matters pertaining to service, pleadings and practice, the laws governing the Superior Court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said City Court. Pleadings, practice, etc. Sec. XIV. Be it further enacted , That the Judge of said City Court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction and to give judgment and execution therein; Provided always , that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney in writing on or before the call of the docket the first day of the term of said court at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the constitution and laws of this State. Powers of Judge. Jury trial. Sec. XV. Be it further enacted , That all judgments obtained in said court shall be a lien on all property belonging to the defendant or defendants throughout the State in the same manner as judgments of the Superior Courts are; but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the Judge and signed by the Clerk and directed to the Sheriff or his deputies of the said City Court of Macon, and to all and singular the Sheriffs or their deputies of the State of Georgia. Dignity of judgments, etc. Sec. XVI. Be it further enacted , That said court shall have jurisdiction of all claim cases where personal property is levied on under executions or other process from said court, and such claims shall be tried in the same manner as claims in the Superior Courts. Claims to personality. Sec. XVII Be it further enacted , That claims to real property levied on under execution or other process from said City Court shall be returned to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Courts. To realty. Sec. XVIII. Be it further enacted , That all laws upon the subjects of attachments and garnishments as to any matter whatever in the Superior Courts of this State shall apply to said City Court as if

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named with the Superior Court, so far as the nature of the City Court will admit. Attachments in said court, or returnable to said court, shall be directed to the Sheriff or his deputies of the City Court of Macon and to all and singular the Sheriffs and constables of this State, and the Judge of said City Court may, or any Justice of the Peace or Notary Public may, issue attachments returnable to said City Court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments, garnishments, etc. Sec. XIX. Be it further enacted , That garnishment proceedings in said City Court shall be conformable to the laws of the State on the subject in the Superior Courts. Garnishment proceedings. Sec. XX. Be it further enacted , That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such scire facias shall run throughout the State and may be served by any Sheriff or his deputy thereof. Scire facias. Sec. XXI. Be it further enacted , That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, sets-off, affidavits of illegality, arbitration, examinations of parties to suits or witnesses by interrogatories or under subp[UNK]na, witnesses and their attendance, continuances or other matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court. Suits, defences, etc Sec. XXII. Be it further enacted , That the Judge of said City Court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the Judge and all other officers of said City Court shall have power respectively to administer all oaths pertaining to their office as the Judge and other officers of the Superior Court may in like cases do; and said Judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by Justices of the Peace of this State, and the Judge of said City Court shall have all the powers and authority throughout his jurisdiction of Judges of the Superior Courts, except where by law exclusive power and authority are vested in Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Testimony de bene esse. Oaths. Attesting deeds, etc. General powers of Judge. Sec. XXIII. Be it further enacted , That said City Court of Macon shall be a court of record, and shall have a seal, and the minutes, records, order and other books and files that are required by law and rules to be kept for the Superior Court shall be kept in and for said City Court and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Court shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of record. Records, minutes, etc. Duties of officers. Sec. XXIV. Be it further enacted , That all laws regulating the enforcing of judgments of the Superior Court, whether civil or

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criminal, shall apply to said City Court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the Superior Court. Enforcement of judgments, etc. Sec. XXV. Be it further enacted , That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce all his judgments as is vested by law in the Judges of the Superior Courts of this State. Punishment for contempt, etc Sec. XXVI. Be it further enacted , That it shall be the duty of the Clerk of said City Court of Macon to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Bibb county, as provided from time to time for such Superior Court. From said copy so made traverse jurors in said City Court shall be drawn in the following manner: The Clerk of said City Court of Macon shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn all traverse jurors as now required by law in the Superior Courts. All laws with reference to the drawing of, selecting and summoning traverse and tales traverse jurors in the Superior Courts shall apply to said City Court. All exemptions from jury duty now of force in the county of Bibb shall apply and be of effect in said City Court. Jury lists. Drawing of juries. Sec. XXVII. Be it further enacted , That all laws in reference to the qualifications, relations, empaneling, fining and challenging jurors now of force in this State, or hereafter enacted by the General Assembly regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. Qualifications, challenging, etc, of jurors. Sec. XXVIII. Be it further enacted , That from said panel of twentyfour traverse jurors drawn and summoned by the provisions of this Act, the Judge of said City Court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two, and all cases and issues to be tried by jury, civil or criminal, at that term of said City Court shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four, the Judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried at a regular term of said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall be each entitled to six permptory challenges, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts shall apply to said City Court, except where they are inconsistent with the terms of this Act. Traverse jurors Tales jurors. Strikes in criminal cases In civil cases. Sec. XXIX. Be it further enacted , That the Judge of said court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. Sec. XXX. Be it further enacted , That the defendants in criminal cases in said City Court of Macon may be tried on written accusation

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setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said Judge and said accusation shall be signed by the prosecutor and the prosecuting officer in said court. Upon such affidavit and accusation being made and signed and filed in the Clerk's office of said court, it shall be the duty of the Judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the Sheriff of said City Court of Macon or his deputy and to all and singular the Sheriffs and constables of said State. Before the arraignment of the defendant the said Judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment or stands mute, the Judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the Grand Jury in such case. In the event a true bill is found or special presentment made in such case, and returned to said City Court of Macon, all subsequent proceedings shall be in conformity with the laws regulating the trials of misdemeanors in the Superior Courts. If the defendant waives indictment the Judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury or stands mute, the Judge of said court shall proceed with said cause, if at a regular term of said court, according to the rules and laws of the Superior Courts applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the said court is not sitting at a regular term, the Judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury, then the said Judge shall proceed to hear and determine such criminal cases conformably to the law governing the Superior Courts as the same may be applicable; Provided always , that a reasonable time may be granted to the State or the defendant to procure witnesses. Trial on accusation Warrants. Demand for indictment, etc. Trial by jury, etc. Sec. XXXI. Be it further enacted , That the Judge of the Superior Court may send down from the Superior Court of Bibb county all presentments and bills of indictments for misdemeanors to said City Court for trial, the order so transmitting such cases to be entered on the minutes of both of said courts. Transfer of cases from Superior Court. Sec. XXXII. Be it further enacted , That it shall be the duty of all the Justices of the Peace and Notaries Public of Bibb county to bind over to said City Court all persons charged with offenses committed within the limits of Bibb county, over which said City Court has jurisdiction, to answer for said offenses. Duty of magistrates to commit to this court.

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Sec. XXXIII. Be it further enacted , That a writ of error shall be direct from the said City Court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exception in the Superior Courts of this State. Writ of error. Sec. XXXIV. Be it further enacted , That in all cases in said City Court, the same powers and rights of parties as to waivers in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as are allowed and upheld by the laws and rules governing parties in the Superior Courts. Waivers, etc. Sec. XXXV. Be it further enacted , That all cases, civil and criminal, now pending and undisposed of in the County Court of Bibb county shall be, and are hereby transferred to said City Court, and the same shall be placed upon the proper dockets in said City Court, and shall be tried and disposed of as other cases in said City Court. All final and other processes now in the hands of the Sheriff, bailiff or other officers, which are made returnable to the County Court, shall be by them returned to said City Court instead of said County Court. The Judge and other officers of said City Court shall have power and authority to issue and enforce, in the name of said City Court, any and all processes in any case from the County Court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the County Court. All records, books and papers disposed of and of file in said County Court shall be filed and deposited with the Clerk of said City Court; that all fi. fas. and final processes not satisfied, now in the hands of the bailiff of said County Court, shall be levied and enforced by the Sheriff of said City Court and returns thereof made to said City Court. Transfer of cases from County Court, etc. Sec. XXXVI. Be it further enacted , That the Judge of said City Court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations, in every respect, governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the Superior Courts shall apply to and govern the same in said City Court. New trials. Pleading, practice, etc. Sec. XXXVII. Be it further enacted , That all jurors in said City Court shall receive one dollar per day for their services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the Superior Courts. Fee of jurors. Sec. XXXVIII. Be it further enacted , That all suits against joint obligors, joint promises, co partners or joint trespassers, in which any one or more resides in the county of Bibb, may be brought in said court within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis , as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors, trespassers, etc.

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Sec. XXXIX. Be it further enacted , That all rules of the Superior Court relating to continuances, motions, pleas and practice shall be applicable to said City Court and shall obtain therein Rules as to motions, continuances, etc. Sec. XL. Be it further enacted , That the Solicitor-general shall, for his services in the Supreme Court, be paid out of the treasury of the State, by warrant drawn by the Governor upon certificate of the Clerk of the Supreme Court as to the performance of such services, and the certificate of the Clerk of the City Court of the insolvency or acquittal of defendant. Fees of Solicitor in Supreme Court. Sec. XLI. Be it further enacted , That the first term of said court to which a case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practice in said court with reference to the terms thereof and to the continuances, pleadings and trials of causes therein shall be the same as in the Superior Court, unless otherwise provided in this Act. Appearance and trial terms Sec. XLII. Be it further enacted , That whenever the Judge of said City Court is from any cause disqualified from presiding, and the Judge of the Superior Court cannot from any cause preside in said court, as provided for in the constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a Judge pro hac vice , selected in the same manner as now provided for in the Superior Courts. Disqualification of Judge. Sec. XLIII. Be it further enacted , That on the first Monday of each month, or on any day previous to each first Monday he may deem proper so to do, the Judge of said court shall distribute the fines and forfeitures arising from cases tried in said court; said fines and forfeitures shall be distributed as follows: all bills for insolvent costs due the Solicitor-general, the Sheriff and Clerk shall be approved by the Judge of said court and entered upon the minutes thereof, and shall be a lien upon all the fines and forfeitures raised in said City Court superior to all other claims for insolvent costs, and when the Judge distributes such fines and forfeitures, he shall pay the same to the Solicitor-general, the Sheriff and Clerk pro rata on their bills for insolvent costs, for fees in cases in said City Court, and when said bills of insolvent costs, for fees in cases in said City Court, and when said bills of insolvent costs of the Solicitor-general, Sheriff and Clerk are fully paid, the Judge shall order the surplus paid to the person who by law acts as the Treasurer of Bibb county, which surplus shall be by him placed to the credit of the fine and forfeiture fund of said county and distributed as now provided by law. In the event that the insolvent cost bills of the Clerk and Sheriff are not fully paid when such distribution is so made, then said bills shall be credited with the amount appropriated by the order of the Judge, and the balance due such Sheriff and Clerk shall be paid out of the treasury of Bibb county. In cases tried in said City Court which have been transferred from the Superior Court, the Solicitor-general and Clerk of the Superior Court and Sheriff shall have the right to share pro rata in all fines and forfeitures arising from said transferred cases before any surplus is paid into

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the county treasury; Provided, however , that in all cases in which the Justice of the Peace or Notary Public and ex-officio Justice of the Peace has bound over any offender to said court or to the Superior Court, and the case is afterwards transferred to said City Court, the Justice of the Peace or Notary Public and ex officio Justice of the Peace so binding over shall be entitled to share as to his costs in the particular case with the Sheriff, Clerk and Solicitor-general upon the same terms in any fine or forfeiture that may arise there-from. Disposition of fines, etc. Sec. XLIV. Be it further enacted , That the county board of com missioners of Bibb county shall provide a suitable place for the holding of said City Court, and provide the necessary books for keeping the dockets, minutes and records of said City Court. Place for holding court. Keeping records, etc. Sec. XLV. 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 14, 1885. TRANSFER OF MISDEMEANORS TO LEE COUNTY COURT. No. 131. An Act to provide for the transfer of misdemeanor cases, which are now pending or which may hereafter arise in the Superior Court of the county of Lee, to the County Court of said county, and to prescribe the duty of the Solicitor-general in such transferred cases. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, all cases of misdemeanors, which are now pending or which may hereafter arise in the Superior Court of the county of Lee, may be, by order of the Judge of the said Superior Court, transferred from said Superior Court to the County Court of said county, to be there disposed of. Said Judge of the Superior Court shall have the right and power to pass said order transferring said cases either in term time or in vacation. Misdemeanors to be transferred from Superior Court. Sec. II. Be it further enacted , That it shall be the duty of the Solicitor-general of said Superior Court to prosecute said misdemeanor cases so transferred in the County Court of said county. Duties of Solicitorgeneral. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 29, 1885.

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DISPOSITION OF FINES, ETC., IN LEE COUNTY COURT. No. 132. An Act to amend an Act entitled an Act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county, and for other purposes, approved September the 15th, 1883, so as to make the provisions of said Act of force in and applicable to the county of Lee. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act entitled an Act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county, and for other purposes, approved September 15, 1883, in all of its provisions and clauses, be, and the same is hereby enacted and made applicable to and of force in the county of Lee in this State. Fines, etc., how disposed of. Sec. II. Be it further enacted , That all laws or parts of laws in conflict with this Act are hereby repealed. Approved August 29, 1885. ABOLISHING COUNTY COURT OF CRAWFORD. No. 136. An Act to abolish the County Court of Crawford county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That the County Court of Crawford county, together with the offices of Judge and bailiff thereof, be, and they are hereby abolished. County Court abolished. Sec. II. Be it further enacted , That all civil cases pending and undetermined in said court shall be transferred to the Superior Court of Crawford county, as if by appeal, and tried as other appeal cases. Transfer of cases. Sec. III. Be it further enacted , That all criminal cases pending in said court shall be transferred to the Superior Court of Crawford county, and be entered on the criminal docket, and be tried as all other criminal cases in said court. Of criminal cases. Sec. IV. Be it further enacted , That all dockets, books, papers and records in said County Court shall be turned over to the Clerk of the Superior Court of said county, the same to remain in said Clerk's office as part of the records thereof. Dockets, books and papers, etc. Sec. V. Be it further enacted , That all writs, executions, subp[UNK]nas and other papers issued from said County Court shall be returnable to the Superior Court, and all parties and witnesses shall be bound to appear at said Superior Court as though such suits, executions,

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subp[UNK]nas and other writs and accusations and prosecutions had originated in said Superior Court. Writs. subp[UNK]nas, etc. Parties, witnesses, etc. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1885. JURISDICTION AND TERMS OF CITY COURT OF CLARKE COUNTY. No. 193. An Act to amend an Act to establish a City Court in the county of Clarke, and to provide for a Judge and Solicitor thereof, so as to increase the jurisdiction of said court in civil cases from one thousand to one hundred thousand dollars, and to further amend said City Court Act so as to fix the time of holding the quarterly terms of said court on the third Mondays of March, June, September and December of each year. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1 of an Act to establish a City in the county of Clarke, and provide for the appointment of a Judge and Solicitor thereof, be amended by inserting the word hundred between the word one and the word thousand in the seventh line of said section, so that the section when amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That a City Court be, and the same is hereby created and established in the city of Athens, with jurisdiction over the whole county of Clarke, concurrent with the Superior Court, to try and dispose of all civil cases of whatsoever nature above the jurisdiction of the Justice of the Peace, and not exceeding one hundred thousand dollars in amount involved, exclusive of interest, except those over which the constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Clarke. Jurisdiction increased. Sec. II. Be it further enacted by the authority aforesaid , That said Act establishing said City Court of Clarke county above mentioned shall be further amended by striking out the words second Mondays in January, April, July and October, in the second and third lines of section XXI of said Act, and inserting in lieu thereof the words third Mondays in March, June, September and December, so that said section XXI when amended shall read as follows: Section XXI. There shall be four regular quarterly terms of said City Court in each year, which shall be held on the third Mondays

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of March, June, September and December, in the court-house of Clarke county, in Athens, Georgia, for the transaction of civil and criminal business, and juries shall be drawn for each of these terms as hereinbefore directed. The Judge of said City Court shall, in his discretion, hold his court in the same place at any other time for the transaction of criminal business, which does not require a jury, as speedily as possible consistent with the interest of the State and the accused, and may also, if necessary, hold adjourned terms of the regular quarterly terms, for which adjourned terms he may either draw new juries or require the same to serve, as in his discretion may seem best. Terms changed. Sec. III. Be it enacted , That the first term of said City Court of Clarke county held after the passage of this Act shall be on the third Monday in December, 1885, and all summons, writs and processes made returnable to the October term, 1885, of said City Court shall be returnable to said December term, and the jurors drawn for the October term shall serve for said December term, as provided by this Act. First term after passage of this Act. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 23, 1885. ABOLISHING COUNTY COURT OF GORDON COUNTY. No. 196. 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 Gordon, 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 above-recited Act, and all amendments thereof as now embodied in the Code of 1882, from section 279 to 317 (e), inclusive, be, and the same are hereby repealed so far as they apply to the county of Gordon, and the County Court of said county of Gordon is hereby abolished. County Court 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 said county of Gordon shall transfer all criminal cases pending in said court to the Superior Court of said county, and all civil cases to the Superior or Justice's Court of said county according as the one or the other has jurisdiction under the law regulating the same. Disposition of cases.

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Sec. III. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 25, 1885. CREATING COUNTY COURT OF EFFINGHAM. No. 221. An Act to establish a County Court for the county of Effingham. Section I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same , That a County Court is hereby created in and for the county of Effingham, with all the powers, jurisdiction, modes of procedure and officers as are provided in chapter four of the new Code of 1882 of this State, and in sections from (279) two hundred and seventy-nine to (317 e) three hundred and seventeen (e), inclusive, of said chapter of said Code, and all of said law in said chapter shall be applicable to said County Court. County Court established. Powers, jurisdiction, 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 October 5, 1885. ABOLISHING COUNTY COURT OF CLAYTON. No. 233. 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, and approved January 19, 1872, and all Acts amendatory thereof, so far as they apply to the county of Clayton, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That from and after the passage of this Act, an Act entitled an Act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, and approved January 19, 1872, and all Acts amendatory thereof, be, and the same are hereby repealed so far as the same apply to the county of Clayton, said State. County Court abolished. Sec. II. Be it further enacted , That all the business in the said County Court, and all processes made returnable to said court, are hereby transferred to the Superior Court of Clayton county, Georgia,

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and the County Judge of said court is hereby required to deliver all papers, books and records pertaining to said County Court to the Clerk of the Superior Court of said county, and all cases so transferred to said court shall stand for trial at the September term of the said Superior Court. Disposition of business. Of books, 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 October 5, 1885. TITLE AND JURISDICTION OF CITY COURT OF COLUMBUS. No. 241. An Act to designate the title of the City Court in the city of Columbus for Muscogee county, and to enlarge the jurisdiction of said court. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the City Court in the city of Columbus for Muscogee county, established by an Act, approved December, 1884, shall be known as the City Court of Columbus, but nothing herein contained shall be construed to impair or vitiate any records, pleadings or processes of said court, wherein it is otherwise sufficiently designated for identification. Title of court. Sec. II. Be it further enacted , That the jurisdiction of said court shall be concurrent with that of the Superior Court of said county, regardless of the amount or value of property involved, except where exclusive jurisdiction is vested by the constitution and laws of this State in the Superior Court. Jurisdiction enlarged. 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 6, 1885. RE-ESTABLISHING COUNTY COURT OF SCRIVEN. No. 264. An Act to re-establish the County Court in the county of Seriven; to submit the same to a vote of the voters of said county for adoption, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That the County Court in the county of Scriven be, and the same is hereby re-established with all the powers and jurisdiction of the

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County Courts in this State under the general laws regulating the County Courts in said State. Jurisdiction etc. Sec. II. Be it further enacted , That an Act entitled an Act to abolish the County Court of Scriven county, and for other purposes, approved September 28, 1881, which said Act abolished the County Court of Scriven county, as well as its offices of Judge and bailiff, and made provision for the final disposition of all unfinished business in said court, as well for the filing of the dockets, records and court papers of said County Court in the office of the Clerk of the Superior Court of Scriven county, in so far as the same conflicts with the provisions of this Act, be, and the same is hereby repealed. Act abolishing repealed. Sec. III. Be it further enacted , That the County Court hereby established shall have full power and authority and have full jurisdiction in all matters, both civil and criminal, which originated in said County Court before its abolition, as aforesaid, just as if said court had never been abolished. Power, authority, etc. Sec. IV. Be it further enacted , That nothing herein contained shall be so construed as to authorize the County Judge to exercise jurisdiction in county matters, or in any way to change or alter or amend existing local laws in reference to county matters. No jurisdiction over county matters. Sec. V. Be it further enacted , That this Act shall not go into force and effect until the same shall have been ratified by a vote of the people, as hereinafter provided for. Not go into effect without popular vote. Sec. VI. Be it further enacted , That there be an election held at the election precincts in said county on the first Monday in November, 1885, at which all persons who are qualified to vote for members of the General Assembly in said county shall be entitled to vote, and said election shall be held in accordance with all the laws and regulations which govern elections for members of the General Assembly, except as hereinafter provided. Election. Voters. Rules for. Sec. VII. Be it further enacted , That every voter at said election shall have either printed or written on his ballot the words, County Court, or the words, No County Court, and that the consolidators of the election returns shall make their returns to the Ordinary of said county, and it shall be the duty of said Ordinary to enter the result of said election on the minutes of his court, and certify under his hand and seal of his court the result of said election to the Governor of the State of Georgia. Ballots. Returns, etc. Result. Sec. VIII. Be it further enacted , That should it appear to said Governor from said certificate of said Ordinary that a majority of the ballots so written or printed, as aforesaid, be for County Court, then it shall be the duty of the Governor of the State to commission a Judge for the County Court of Scriven county, but if it shall appear that a majority of the votes so written or printed, as aforesaid, be for No County Court, then this Act shall be of no further force and effect. Appointment of Judge, etc. 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 October 6, 1885.

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DISPOSITION OF FINES, ETC., IN CITY COURT OF CARROLLTON. No. 331. An Act to provide for the distribution of the fines and forfeitures arising in the City Court of Carrollton, in the county of Carroll, 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 all fines and forfeitures arising in cases in the City Court of Carrollton, which have been transferred to said City Court from the Superior Court of Carroll county, shall be distributed by the Solicitor of said City Court among the officers of the said City Court and of the Superior Court, including the Solicitor-general, according to their respective insolvent cost bills allowed and approved by the Judge of said City Court or the Judge of the Superior Court of said county. Disposition of fines, etc., in transferred cases. Sec. II. Be it further enacted by the authority aforesaid , That the officers of said Superior Court, including the Solicitor general, shall have a lien to the extent of their insolvent cost bills, properly allowed and approved by the Judge of the Superior Court, on all balances of fines and forfeitures arising in said City Court in cases originating therein by information, after the payment in full of the insolvent cost bills of the officers of said City Court, and it shall be the duty of the Solicitor of said City Court so to appropriate said fines and forfeitures. Lien of officers Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 9, 1885. ABOLISHING COUNTY COURT OF BARTOW. No. 335. 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 Bartow. Section I. Be it enacted by the General Assembly of Georgia , That the above-recited Act and all amendments thereof, as now embodied in the Code of 1882, from sections 279 to 317 (e), inclusive, be, and

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the same are hereby repealed so far as they apply to the county of Bartow, and the County Court of said county of Bartow 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 Bartow. County Court abolished. When Act to go into effect. 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 October 10, 1885. CREATING CITY COURT IN BARTOW COUNTY. No. 336. An Act to establish a City Court in the county of Bartow, and for other purposes. 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 Cartersville, in the county of Bartow, 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 test, does not exceed the sum or value of one thousand 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 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 Court, 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 attachments, claims, replevy,

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and other similar bonds, and to inforce in the usual manner the forfeiture of all bail bonds in criminal cases returnable or transmitted thereto from the Superior Court, although the penalties in such bonds may exceed the sum of one thousand 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 Bartow, 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 Cour established. Jurisdiction. Proviso. Costs. 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 consent and advice 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, and which shall be paid quarterly by the Treasurer of the county of Bartow, 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. Term. Vacancies. Salary. Sec. III. Be it further enacted , That before entering upon the duties of his office, the Judge of said City Court shall take and subscribe the oath required of all civil officers, and in addition thereto the following, viz.: I swear that I will administer justice without respect to persons, and do equal 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 Bartow 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 two years next preceding his appointment. Oath. Qualifications. Sec. IV. Be it further enacted , That the Solicitor-general of the Cherokee 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

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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. Fees. Solicitor pro tem. Sec. V. Be it further enacted , That the Clerk of the Superior Court of Bartow 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 Bartow 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. Fees. Sheriff. Duties. Fees. Penalties, etc., of 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 and appertain to the Superior Courts, as the same now exist, or as they may hereafter 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 judgments and proceedings of the Superior Courts. Pleadings, practice, etc. 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. Terms. 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 not 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

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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 of declaration. Service. 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 when 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 without jury in civil cases. 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 twelve men; Provided, however , that the parties to the case called for trial may by agreement strike from the panel, 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. It shall be the duty of the Judge of said City Court to provide at each regular term thereof a panel of twelve jurors, and 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 panel 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 jurors for each term, and the jurors so empaneled shall receive the same pay allowed jurors in the Superior Court of Bartow county. Juries. Strikes, etc. Panels. How procured. Pay. Sec. XI. Be it further enacted , That, besides the civil jurisdiction heretofore prescribed, said City Court shall have a criminal jurisdiction to try all offenses committed in said county of Bartow below the grade of felony, and said court, besides the regular quarterly sessions, may sit at any time for the trial of criminal cases within its jurisdiction, as hereinafter prescribed. Criminal jurisdiction. 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, when 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

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the fact to the Judge of said 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. Duties of magistrates to commit to this Court. Powers of Judge to try, etc. 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 criminal cases. Demand for jury and indictment. Waivers. Felonies. 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 empaneled and stricken in the same manner as hereinbefore provided for the trial of civil cases, the defendant being entitled to four and the State to two strikes. Juries in 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, and all such cases, and all criminal cases now pending in the County Court of Bartow county, shall be entered by the Clerk upon the criminal 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; in like manner the Judge of the Superior Court of said county may by order transmit to said City Court all civil cases standing for trial upon the docket of the Superior Court of said county, and which are embraced within the jurisdiction of said City Court which he may deem proper; Provided , the parties to said cases agree that the same be transmitted from the Superior to the City Court of said county; such cases so transferred, and all civil cases now pending in the County Court of Bartow county, shall be entered upon the docket of the City Court by the Clerk of said court, and shall stand for trial in the order in which they are transferred as though originally brought to said City Court. Transler of cases from Superior Court, etc. Of civil cases.

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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 and distinctly 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. Trial on accusation. 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 of criminal procedure. 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 when 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. Disposition of fines, etc. 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 court, further time may be by order granted; in other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Sec. XX. Be it further enacted , That any sentence, judgment or decision of the said City Court, or the Judge thereof, whether made at a regular term or at a special session, or in passing upon motions for new trials at chambers, may be reviewed and corrected by the Superior Court of said county of Bartow, 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 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

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the fact of such exceptions being 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 exceptions to the Supreme Court a copy of said record as in other cases. Correction of errors. Bill of exceptions to Superior Court. Rules concerning. 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 the 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 this State. Punishment of 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 the State not inconsistent therewith; to administer oaths, to attest instruments for record and to keep the peace, and the said Judge is hereby vested 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, etc. Sec. XXIV. Be it further enacted , That the sessions of said City Court shall be held in the court-house of the county of Bartow, or in such other place as the Superior Court of the county of Bartow 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 in said court-house. Sessions, where held.

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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 October 10, 1885. ABOLISHING COUNTY COURT OF CLINCH. No. 452. An Act to abolish the County Court of Clinch 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 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 thereof, so far as the same relate to the county of Clinch, be, and the same are hereby repealed, and said court for said county abolished; Provided , this Act shall not go into effect until the expiration of the term of office of the present Judge of said County Court. County Court abolished. Proviso. Sec. II. Be it further enacted , That when the term of office of the present Judge of the County Court of Clinch county shall have expired, the Judge of said County Court shall transfer all criminal cases pending in said County Court to the Superior Court of said county, and all civil cases to the Superior or Justice's Court of said county, according as the one or the other has jurisdiction under the laws regulating the same. Disposition of business. 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 19, 1885.

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TITLE IV. GAME, ETC. ACTS. Fishing in Connesauga river. Camp-hunting in Murray county by non-residents. Fishing and hunting on lands of another in Effingham county. Fishing in Emanuel county. Protection of game and birds in Macon county. Fishing in Monroe county. Fishing for shad in Butts county. Amending Act to prevent obstructions in Oconee river. Taking game in Wilkinson county. Fishing in Big and Little Satilla rivers in Wayne county. FISHING IN CONNESAUGA RIVER. No. 97. An Act to repeal an Act entitled an Act to prohibit seining or catching fish in the Connesauga river or its tributaries in any other way than by hook and line, in the county of Murray, and to provide penalties for violation thereof, approved September 25, 1883. 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 repealed. Act prohibiting seining and fishing 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 24, 1884.

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CAMP-HUNTING IN MURRAY COUNTY BY NON-RESIDENTS. No. 98. An Act to prohibit camp-hunting in the county of Murray by non-residents; to prescribe punishment therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, camp hunting, either with dogs, guns or otherwise, for wild game in the county of Murray by non-residents of said county, except upon their own lands, be, and the same is hereby prohibited, and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Camp-hunting by non residents prohibited. 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 December 24, 1884. FISHING AND HUNTING ON LANDS OF ANOTHER IN EFFINGHAM COUNTY. No. 147. An Act to prohibit persons from fishing and hunting with dogs and firearms on the lands of another in the county of Effingham without their written consent, and to make it unlawful to kill or destroy game in said county between first of April and first of October of each year. 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, fishing in any manner upon the land or in the waters of another, or hunting upon the same with dogs or with firearms, or with both, without the written consent of the owner or owners, is hereby prohibited, whether said lands be enclosed or unenclosed. Fishing and hunting on lands of another prohibited. Except with written consent of owner. Sec. II. Be it further enacted , That the hunting, killing or destruction, in any manner, of any female deer, fawn or fawns, wild turkey or turkeys, wild duck or ducks, partridge or partridges, or of the nest or nests, or of the young of any of the birds named, between the first day of April and the first day of October in each and every year is hereby absolutely prohibited. Destruction of deer, turkey, ducks, etc., prohibited.

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Sec. III. Be it further enacted , That the provisions of this Act are restricted to the territorial limits of the county of Effingham. Act restricted to Effingham 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 on conviction shall be punished by a fine of not less than twenty-five nor more than fifty dollars, or by work in the chain-gang on the public works, or on such other works as the county authorities may employ the chain gang, for not less than thirty nor more than sixty days. 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 September 4, 1885. FISHING IN EMANUEL COUNTY. No. 186. An Act to repeal an Act to prohibit any person from seining, netting or catching fish in any way, except with hooks and lines, in any of the streams of Emanuel county, approved September 26, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, that an Act entitled 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, approved September the 26th, 1883, be, and the same is hereby repealed. Prohibitory Act 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 September 23, 1885.

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PROTECTION OF GAME AND BIRDS IN MACON COUNTY. No. 250. An Act for the protection of game and birds in the county of Macon; to prohibit the killing, trapping and netting of the same, or buying, selling, or offering for sale, the same during certain months in said county; to provide penalties for 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 deer, wild turkey, wild duck or partridge in the county of Macon, between the first day of April and the fifteenth day of October of any year, or any person who shall buy, sell or offer for sale any deer, wild turkey, wild duck or partridge in said county, between the first day of April and the fifteenth day of October of any year, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Destruction of deer, etc., prohibited Exception. Selling or buying such game exception. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That any person who shall trap, snare or net any partridge in said county, except on his or her own land, or with the permission of such owner, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in the first section of this Act. Trapping, netting, etc., partridges prohibited. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That any person who shall shoot, kill, trap or otherwise destroy, or shall buy, sell or offer for sale any dove in said county, between the first day of April and the twentieth day of July of any year, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in the first section of this Act. Destruction of doves prohibited. Penalty. Sec. IV. Be it further enacted by the authority aforesaid , That any person who shall rob or destroy the nest of any wild turkey, wild duck, partridge or dove in said county shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in the first section of this Act. Nest robbing prohibited. Penalty. Sec. V. Be it further enacted by the authority aforesaid , That any person who shall poison any partridge or dove in said county, or who shall put out poison in said county for the purpose of poisoning any partridge or dove, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in the first section of this Act. Poisoning birds prohibited. Penalty. 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 October 6, 1885.

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FISHING IN MURRAY COUNTY. No. 251. An Act to prohibit non-residents of this State from fishing in any of the streams in the county of Murray other than by hook and line, and to fix penalties for 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 non-resident of the State of Georgia to take fish from any of the streams in the county of Murray in any manner other than by hook and line. Fishing by non-residents prohibited. Sec. II. Be it further enacted , That any person violating the provisions of the foregoing section of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code. Penalty. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 6, 1885. FISHING FOR SHAD IN BUTTS COUNTY. No. 332. An Act to repeal an Act entitled an Act to promote the propagation of shad fish in the Altamaha, Ocmulgee and Oconee rivers, and to impose a penalty for fishing for said fish in said rivers on Sundays, Mondays and Tuesdays, so far as it relates to the county of Butts, so as to exempt the county of Butts from the operation 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, an Act entitled an Act to promote the propagation of shad fish in the Altamaha, Ocmulgee and Oconee rivers, and to impose a penalty for fishing for said fish in said rivers on Sundays, Mondays and Tuesdays, be, and the same is hereby repealed so far as relates to and effects the county of Butts. Fishing for shad in Butts county permitted. 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 October 9, 1885.

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AMENDING ACT TO PREVENT OBSTRUCTIONS IN OCONEE RIVER. No. 405. An Act to amend an Act to prevent obstructions in the Oconee river, from the Greene and Hancock county line on its eastern bank to its confluence with the Ocmulgee river, calculated to impede the free passage of fish; to appoint commissioners to punish those who may attempt to defeat the same, approved December 26, 1835, so as to extend the limits to Parks' mill, in Greene county, and to provide for the appointment of commissioners in the counties of Baldwin, Greene, Hancock and Putnam. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That the provisions of the Act mentioned in the above caption be amended so that the limits over which the commissioners therein provided for are to take cognizance and are empowered to remove obstructions impeding the free passage of fish shall extend from Parks' mill, on the Oconee, in Greene county, to its confluence with the Ocmulgee river. Limits extended to Parks' Mill in Greene county. Sec. II. Be it further enacted by the authority aforesaid , That the county commissioners, and where no commissioners, then Ordinary of Baldwin, Greene, Hancock and Putnam shall appoint commissioners in their counties, whose duty it shall be to remove obstructions in the river in their respective counties in the manner prescribed in said original Act. Appointment of commissioners to enforce Act. Sec. III. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1885. TAKING GAME IN WILKINSON COUNTY. No. 410. An Act to provide for hunting, trapping or netting of game in Wilkinson county, and to prescribe the time in which certain game cannot be killed, and fix a penalty for violating the same. Section I. Be it enacted by the General Assembly of the State of Georgia , That on and after the passage of this Act, no person shall be allowed to hunt with firearms, or trap or net any wild turkeys between the dates of the first of April and November in each year, or partridges between the dates of May the first and October in each year, or doves

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between the dates of March the fifteenth and July fifteenth in each year, in the county of Wilkinson, and any violations of the provisions of this section shall be a misdemeanor; on conviction thereof, the offender shall be punished as provided in section 4310 of the Code of Georgia. Hunting for wild turkeys prohibited. Exception. Penalties. 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 October 15, 1885. FISHING IN BIG AND LITTLE SATILLA RIVERS IN WAYNE COUNTY. No. 441. An Act to prevent non-residents from fishing in the Big Satilla river and the Little Satilla river, in the county of Wayne, in this State; to provide a penalty therefor, 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, it shall be unlawful for all residents and non-residents of the county of Wayne, in clubs, companies or otherwise, to fish in the Big Satilla river or in the Little Satilla river, in said county, with hooks and lines, seins or other device, except on their own lands abutting upon said rivers, or with the consent of the owner or owners of the lands so abutting. Fishing on Big and Little Satilla rivers on lands of others prohibited. Except by consent of owners. Sec. II. Be it further enacted by the authority aforesaid , That all residents and non-residents of the county of Wayne violating the provisions of this Act shall, upon indictment and conviction thereof, be punished as is prescribed in section 4310 of the Code of 1882. 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 October 17, 1885.

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TITLE V. LIQUORS. ACTS. Local Option Act for Bartow county. Local Option Act for Gordon county. Local Option Act for Clarke county. Local Option Act for Madison county and the town of Danielsville. Regulating sale of liquors in Meriwether county. Local Option Act for Butts county. Regulating sale of liquors in town of Greenville. Prohibiting drunkenness, etc., in West View Cemetery. Local Option Act for Rabun county. Local Option Act for Upson county. Local Option Act for Haralson county. Local Option Act for Floyd county. Local Option Act for Fayette county. Local Option Act for Elbert county. Prohibiting sale of liquor in vicinity of Shady Grove church. Prohibiting sale of liquor in vicinity of Glade Methodist church and Glade Academy, of town of Luthersville; of Bethel church, in Meriwether county, and of Siloam church or Philippi church, in Lumpkin county. Local Option Act for Habersham county. Manufacture or sale of liquors in DeKalb county. Local Option Act for Gwinnett county. Local Option Act for Troup county, Liquor license law for Seriven county. Local Option Act for Douglas county. Local Option Act for Oglethorpe county. Prohibiting sale of liquor in vicinity of Chubb's Chapel. Prohibiting sale, etc, of liquor in Smithville and vicinity. Amending Local Option Act for Madison county, etc. Local Option Act for Columbia county. Local Option Act for Harris county. Sale of domestic wines in Emanuel county. Prohibitory Act for Putnam county. Prohibiting sale, etc., of liquor in vicinity of Beaver Dam church. Prohibiting sale, etc., of liquor in vicinity of Cedar Rock church. Prohibiting sale, etc., of liquor in vicinity of New Fork church. Amending Local Option Act for Bartow county. Prohibiting sale, etc., of liquors in vicinity of County Line church, Bethel Baptist church, Martin Institute, Pine Level church, and adjacent Academy.

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Prohibiting sale, etc., of liquor in vicinity of Prospect Methodist church. Amending prohibitory law for Miller county. Amending prohibitory law for Rockdale county. Local Option Act for towns of Calhoun and Resaca. Prohibiting sale, etc., of liquor in vicinity of Methodist church at Barnett. LOCAL OPTION ACT FOR BARTOW COUNTY. No. 3. An Act to submit to the qualified voters of the county of Bartow the question of the sale and furnishing of intoxicating, alcoholic, spirituous, vinous or malt liquors in said county, and to prohibit the same from being sold or furnished after said election if a majority of those voting shall so determine, and to provide penalties for such sale and furnishing, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That on the third Wednesday in December, 1884, and annually thereafter on the first Wednesday in December until this Act shall be adopted, there shall be an election held in the county of Bartow to determine the question of the sale and furnishing of intoxicating, alcoholic, spirituous, vinous or malt liquors in said county as hereinafter provided. When election shall be held Sec. II. Be it further enacted , That those who are for the sale and furnishing of the articles mentioned in the first sectien of this Act shall have written or printed on their tickets, For Whisky, and those who are against the sale and furnishing of said articles shall have written or printed on their tickets, Against Whisky, and the provisions of section 4570 of the Code of 1882 shall apply to the election herein provided for. Ballots. Sec. III. 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 one certificate of the consolidating managers, together with one list of voters and one tally-sheet from each place of holding the election, shall be sealed up and delivered to the Ordinary of said county instead of being mailed to the Governor, and said Ordinary shall, without delay, publish the result of said election in the newspapers of said county, and record the same in his office. Regulations for election. Publication of result. Sec. IV. Be it further enacted , That on and after the first day of January next after said election, if a majority of the votes cast shall be Against Whisky, it shall not be lawful for any person or persons to sell, either directly or indirectly, or furnish at any place of business or any other public place, by any device whatever, any intoxicating, alcoholic, spirituous, vinous or malt liquors within

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the limits of said county; Provided , that nothing in this Act shall be construed to prevent the sale or furnishing by the maker of any domestic wine, beer or cider made in said county, or the sale or furnishing of wine for sacramental purposes, nor shall anything herein prevent li ensed druggists from selling or furnishing pure alcohol for medicinal, art, scientific and mechanical purposes. Result of election. Proviso. Sec. V. Be it further enacted , That any person or persons violating any provision 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. 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 2, 1884. LOCAL OPTION ACT FOR GORDON COUNTY. No. 25. An Act to submit to the qualified voters of Gordon county whether intoxicating, alcoholic, spirituous, vinous or malt liquors shall be sold in said county or any militia district thereof, provided a majority of the voters of said county or district shall so declare, and to fix the penalties thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same , That within sixty days after the first day of January, 1885, there shall be an election held in Gordon county to determine whether or not intoxicating, alcoholic spirituous, vinous or malt liquors shall be sold in said county. When election to be held. Sec. II. Be it further enacted , That it shall be the duty of the Ordinary of Gordon county to give thirty (30) days' notice in the Calhoun Times , a gazette published in said county, when an election will be held in said county submitting to the qualified voters thereof the question as to whether or not whisky shall be sold in said county. Notice of election. Sec. III. Be it further enacted , That all those voting against the sale of whisky in said county shall have written or printed on their tickets, Against Whisky, and all those voting for the sale of whisky in said county shall have written or printed on their tickets, For Whisky. Ballots. Sec. IV. Be it further enacted , That all persons who are qualified to vote for members of the General Assembly shall be entitled to vote in said election, and that the same laws that now exist for the election of members of the General Assembly shall obtain in said county election, except that only two tally sheets and lists of voters shall be kept, one of which tally-sheets and lists of voters shall be sealed up and transmitted to the Clerk of the Superior Court of said

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county, and the other transmitted to the Ordinary of said county and consolidated as are other election returns. Regulations for election. Sec. V. Be it further enacted , That if a majority of the votes cast are against the sale of whisky, it shall be the duty of the Ordinary of said county to declare the same by publication as aforesaid for fifteen (15) days, and that from and after the expiration of said fifteen days, it shall be unlawful to sell intoxicating, alcoholic, spirituous, vinous or malt liquors in any quantity within said county, except domestic wines or wines for sacramental purposes, and any person or persons, their agents, employs 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. Declaration of result. Effect of election. Penalty. Sec. VI. Be it further enacted by the authority aforesaid , That an election may be held under the provisions of this Act in any militia district in said county upon the written application of one-fifth of the qualified voters within said district to the Ordinary of said county, petitioning him to call an election for said district; Provided , that the qualified voters shall be ascertained by the Ordinary by reference to the tax digests for the preceding year. Elections in militia district. Sec. VII. Be it further enacted , That all the rules and regulations provided for in this Act for an election in the whole county shall apply to and are hereby made applicable for an election in any district in said county. Regulations for. Sec. VIII. Be it further enacted , That the election held by the county shall control, provided the same is for prohibition, whatever may be the result of elections by districts. County election to control, when. Sec. IX. Be it further enacted by the authority aforesaid , That no person or persons, after the passage of this Act, shall obtain license to sell liquors in said county for any longer period of time than is herein provided for the same to take effect, and any county or municipal authorities who have granted license to extend beyond the time provided for this Act to go into operation shall be required to refund to the applicant for said license the amount paid by him for his right to sell beyond the time fixed for this Act to go into effect, charging said applicant for the length of time only that he has sold. Liquor licenses limited. Refunding license fees 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 18, 1884.

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LOCAL OPTION ACT FOR CLARKE COUNTY. No. 33. An Act to submit to the legal voters of the county of Clarke the question of prohibiting the sale of all spirituous, malt and vinous liquors in said county; to give effect to said election, and for other purposes herein mentioned. Section I. Be it enacted by the General Assembly of Georgia That for the purpose of ascertaining and carrying out the will of the people of Clarke county, in said State, on the question of prohibiting the sale of spirituous, malt and vinous liquors within said county, said question of the prohibition or no prohibition of the liquors aforesaid shall be submitted to the qualified voters of said county in the manner hereinafter provided in this Act. Election to be held. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Ordinary of Clarke county to name a day, distant not less than thirty nor more than ninety days from and after the passage of this Act, upon which day an election shall be held at all the election precincts in said county of Clarke upon the question of prohibiting the sale of spirituous, malt, vinous or other intoxicating liquors of any kind in said county. Notice of holding said election shall be advertised for four weeks in both newspapers published in said county, and said election shall be held and conducted and consolidated as prescribed under the general election laws of this State, except that the ballots shall have written or printed upon them, Prohibition, or No Prohibition, as the voters may oppose or favor the sale of spirituous or intoxicating liquors in said county. The result of said election shall be reported by the managers thereof to the Ordinary of s id county, who shall make a record of said election in his office, and said result shall be by him announced to the public by one insertion in each of the county papers. Time for election. Notice of. Regulations for. Ballots. Result to be declared. Sec. III. Be it further enacted by the authority aforesaid , That if a majority of the votes cast at said election shall be for Prohibition, then any person who shall (after the announcement of such fact as provided in the preceding section) sell, barter or exchange to another, within the limits of said county of Clarke, any spirituous, malt, vinous or other intoxicating liquors in any quantity whatever, or for any purpose, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the revised Code of 1882; Provided , that this Act shall not apply to any person or persons holding unexpired license for such sale until the expiration of said license, but all licenses granted after the passage of this Act shall be taken by the licensee subject to its provisions. Effect of election. Penalty. Sec. IV. Be it further enacted by the authority aforesaid , That the provisions of this Act shall not prevent practicing physicians from

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furnishing liquors themselves to their patients under treatment by them, nor shall this Act prevent any person selling domestic wine made by himself in said county. Exceptions. Sec. V. Be it further enacted by the authority aforesaid , That in case the sale of spirituous, malt, vinous and other intoxicating liquors is prohibited in said county of Clarke, as provided by this Act, then the Ordinary of Clarke county shall (upon the petition in writing of a majority of the qualified voters of said county, as shown by the digest of the Tax Receiver), and after giving notice of said proposed election for thirty days in all the county papers, order another election upon said question of Prohibition or No Prohibition, in the manner provided in this Act; Provided , no such second election shall be held sooner than eighteen months after the election first provided for by this Act, and in case a majority of the votes cast in said election shall be for No Prohibition, then the Ordinary of said county shall have power to issue license for the sale of spirituous, malt or other intoxicating liquors in the same manner as he could before the passage of this Act. Subsequent elections. Proviso. 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 18, 1884. LOCAL OPTION ACT FOR MADISON COUNTY AND TOWN OF DANIELSVILLE. No. 38. An Act to submit to the legal voters of Madison county and the town of Danielsville the question of prohibiting the sale of spirituous, vinous or malt liquors in the county of Madison and the town of Danielsville, in said county; 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 after the passage of this Act, any fifty resident freeholders of the county of Madison may,at any time between the first day of July and the first day of December until this Act is finally adopted, petition the Ordinary of said county for an election upon the question of prohibition; said petition shall be in writing setting forth the desire for an election, and shall be accompanied by at least ten dollars to pay the expenses of advertising as hereinafter required; before the filing of said petition, the Ordinary shall fix a time, not less than thirty nor more than forty days distant from the filing of said petition, at which an election shall be held throughout the county under the same rules and regulations as apply to election for members of the General Assembly, except that only two tally-sheets and list of

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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 in like manner to the Ordinary of said county. Petition for election. Contents of petition. Time for election. Rules for. Sec. II Be it further enacted by the authority aforesaid , That the Ordinary shall give thirty days' notice of such election in the newspaper in which said Ordinary does his legal advertising, and 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 this question, and that the manner of consolidating the vote of said county in said election shall be as that now prescribed by law for other elections. Notice of election. Ballots. Qualifications of voters. Sec. III. Be it further enacted by the authority aforesaid , That the Ordinary shall consolidate the returns of said election, and declare the result, and if a majority of the votes cast at said election are for prohibition, he shall declare the same and have it published in the same newspaper for thirty days, and from and after that time, it shall be unlawful to sell intoxicating spirituous, vinous or malt liquors in any quantity in said county, or any district or town thereof, except domestic wine by the producer, and wine for sacramental purposes, and liquors for medical purposes as regulated in the following section; 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 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 the Ordinary shall be entered on the minutes of his court Declaration of result. Effect of election. Penalty. Sec. IV. Be it enacted by the authority aforesaid , That no physician, apothecary or druggist or any other person shall sell liquors of any kind, except for medical purposes, upon the written certificate of the physician in charge of the patient or party for whom the liquor is bought that the same is necessary, and that it is to be used only for and as a medicine; the certificate shall be filed by the party selling, and on the meeting of each Grand Jury shall furnish all the certificates accumulated since the meeting of the last Grand Jury to the foreman of that body, and the Grand Jury, after examining the same, shall file them with the Ordinary, who shall label and file them away, and any apothecary, druggist or physician, or any other person violating the provisions of this Act, either in giving a false certificate or failing to furnish such certificates to the foreman of each Grand Jury on the first day of each term of said court, or in selling the liquor without the certificate, shall be guilty of a misdemeanor, and on conviction punished as prescribed in section 4310 of the Code of Georgia of 1882. Exceptions. Penalties.

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Sec. V. Be it enacted by the authority aforesaid , That an election may be held under the provisions of this Act in any militia district or incorporated town in said county of Madison upon the petition of one fifth of the qualified voters in such district or incorporated town, and that all the rules, regulations and provisions of this Act for election in the whole county shall apply to, and are hereby made applicable to, elections as provided in this section for districts or incorporated towns; Provided , the holding of an election in the whole county shall not prevent an election in any district or towns, nor shall an election in the latter prevent an election in the former, but if the whole county adopts this Act, it shall apply in every district or town in said county, and there shall be no more elections held under the provisions of this Act; if any district or incorporated town shall adopt the provisions of this Act, then any person violating the same in said district or town in said county shall be punished as prescribed in section 4310 of the Code of Georgia of 1882 Elections in militia districts or incorporated towns. Proviso. Penalty. 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 20, 1884. REGULATING SALE OF LIQUORS IN MERIWETHER COUNTY. No. 40. An Act to regulate the sale of spirituous, malt, vinous or intoxicating liquors, either by retail or wholesale, in the county of Meriwether, and to prescribe the method of issuing license for the sale of the same in said county; to prescribe penalties for the violation of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the commissioners of roads and revenues of the county of Meriwether, or any other authorities who may hereafter be clothed with authority to grant or issue license to sell spirituous, malt, vinous or intoxicating liquors in said county, shall not grant or issue any license to any person or persons to sell, either by retail or wholesale, spirituous, malt, vinous or intoxicating liquors in the said county of Meriwether unless such person or persons shall file with his or their application for such license the written consent of a majority of the bona fide freeholders residing within three miles of the place where such person or persons intend to do business; Provided , that the commissioners of roads and revenues shall determine upon the sufficiency of said petition of bona fide freeholders by reference to the tax digest of the previous year. County authorities to issue license. Only on application with consent of majority of neighboring freeholders.

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Sec. II. Be it further enacted by the authority aforesaid , 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 and held guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of Georgia, and license obtained upon such representations shall be null and void. Penalty for false representations. Sec. III. Be it further enacted by the authority aforesaid , That any person or persons who shall be guilty of selling spirituous, malt, vinous 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 Georgia; Provided , nothing in this Act shall be construed to repeal any existing local law prohibiting or controlling the sale of spirituous, malt, vinous or other intoxicating liquors in any part of said county. Penalty for selling without license. Proviso. 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 20, 1884. LOCAL OPTION ACT FOR THE COUNTY OF BUTTS. No. 47. An Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters, in the county of Butts, after the same has been submitted to the qualified voters; prescribing a penalty therefor, 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 within thirty days after the passage of this Act, the Ordinary of the county of Butts, and State of Georgia, shall order, by publication in one or more of the journals of said county for four times, an election, to be held in the same manner and under the same laws as elections for members of the General Assembly, at which election the question of Whisky or No Whisky shall be submitted to the voters of Butts county, who are qualified to vote for members of the General Assembly. Time of election. Regulations for. Sec. II. Be it further enacted , That those who favor the sale of whisky shall have written or printed on their tickets the word Whisky, and those who are opposed to whisky shall have written or printed on their tickets the words No Whisky. Ballots. Sec. III. Be it further enacted , That the returns of said election shall be made to the Ordinary of said county on the day after said

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election, who shall, in connection with the County Judge and the Clerk of the Superior Court and Sheriff of the county, proceed to consolidate said returns, and when the result shall have been ascertained, it shall be the duty of said Ordinary to declare the same by publication of the number of votes cast for whisky and the number cast for no whisky. Returns. Consolidation. Declaration of result. Sec. IV. Be it further enacted , That should a majority of the votes cast in said election be for no whisky, then it shall be unlawful for any alcoholic, spirituous or malt liquors or intoxicating bitters to be sold or furnished within said county; Provided nevertheless , that the provisions of this Act shall not operate to prevent licensed druggists from selling alcohol for the compounding of medicines, or mechanical or scientific purposes. Unlawful sale. Proviso. Sec. V. Be it further enacted , That should the friends of whisky, or no whisky, either desire to contest said election, the same may be done before the Ordinary of said county by first giving notice by publication of the intention to do so, and the time and the grounds of such contest, and all the laws of Georgia in regard to contested elections shall, as far as applicable, apply and govern such contest; Provided , such notice is given within ten days from day of election. Contest of election. Sec. VI. Be it further enacted , That should the question of no whisky prevail in election, that any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. Sec. VII. Be it further enacted , That the provisions of this Act shall be of force on the day of the publication of the result of said election by the Ordinary, as prescribed in section III of this Act. When Act to take effect. 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 December 22, 1884. REGULATING SALE OF LIQUORS IN TOWN OF GREENVILLE. No. 50. An Act to amend an Act to authorize and empower the intendant and commissioners of the town of Greenville, in this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town, and to submit the question of Prohibition or No Prohibition to the qualified voters of said town, so as to increase the annual license fee for the sale of spirituous, malt and vinous liquors, either by wholesale or retail, in said town from one hundred dollars to five hundred dollars, 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

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the passage of this Act, the first section of the above-recited Act, approved September 8, 1881, be amended by striking the word one, between the words of and hundred, in the fourth line of said first section, and inserting in lieu thereof the word five, so as said section when amended will read as follows: The intendant and commissioners of said town shall have power and authority to levy and collect a tax of five hundred dollars, neither more nor less, as an annual license fee upon any applicant to sell, either by wholesale or retail, spirituous, malt or vinous liquors, except domestic wines, within the corporate limits of said town, and the person or firm paying the tax or license fee aforesaid, as a wholesale or retail dealer, shall not sell at but one place or house during the time for which he has paid said tax, and shall give bond, with good security, in the sum of five hundred dollars, to the intendant of said town and his successors in office, conditional that he will keep an orderly and quiet house and comply with all the ordinances of said town. License fee increased. Sec. II. Be it further enacted by the authority aforesaid , That the third section of said Act be amended by striking the words, and medicinal bitters or mixtures, which occur after the word wine, in the fourth line of said section, and before the word in, in the fifth line of said section, and also by striking the word one, between the words be and hundred, in the ninth line of said third section, and inserting in lieu thereof the word five, so as said section when amended will read as follows: This Act is intended to vest in the municipal authorities of said town full and complele authority to regulate the sale of spirituous, malt or vinous liquors of any kind, except domestic wine, in said town, and the intendant and commissioners shall have full power to pass all ordinances, rules and by-laws which may be necessary to carry out this intention and to enforce the same; Provided always , that the annual tax or license fee upon wholesale or retail dealers shall be five hundred dollars, neither more nor less. Limitations of sale increased. Sec. III. Be it further enacted by the authority aforesaid , That the fourth section of said Act be amended by striking out the words, and medicinal bitters and mixtures, which occur after the word wines, in the fourth line, and before the word within, in the fifth line of said section, and after the word wines and before the word in, in the twenty-first line of said section, and also by striking all of said fourth section after the word town, in the twenty-second line of said fourth section, and inserting in lieu thereof the following words after the word town in said twenty-second line, to wit: And license for the sale of spirituous, malt or vinous liquors granted by the intendant and commissioners of said town of Greenville to any person or persons whatever shall be void, and any person or persons engaged in the sale of spirituous, malt or vinous liquors under license obtained from said intendant and commissioners after said election, in which a majority of the voters shall endorse upon their ballots, Prohibition, shall be held and deemed guilty of a misdemeanor,

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and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Penalties, etc. If a majority of the voters should endorse on their ballots, no prohibition, then it shall be the duty of said intendant and commissioners to grant license in same manner as if no election had been held, so as said section when amended shall read as follows: That the foregoing provisions shall not be construed as to prohibit the citizens who are freeholders from voting to exclude altogether the sale of spirituous, malt or vinous liquors, except domestic wines, within the corporate limits of said town, and it is hereby enacted by the authority aforesaid, that it shall be the duty of the intendant and commissioners of said town of Greenville, upon the petition of ten of the citizens, freeholders of said town, by giving ten days' notice, to be posted at the court-house door in said town, to order an election to be held under the same rules and regulations as members of the General Assembly are elected, and all persons who are qualified to vote for members of the General Assembly, and have resided in said city the length of time required by law to entitle them to a vote therein, shall be entitled to vote at such election, and it shall be the duty of the voters at said election to endorse upon their ballots, Prohibition, or No Prohibition. If a majority of the voters shall endorse upon their ballots, Prohibition, then it shall be the duty of the intendant and commissioners to pass an ordinance prohibiting the sale of spirituous, malt or vinous liquors (except domestic wines) in the corporate limits of said town, and license for the sale of spirituous, malt or vinous liquors granted by the intendant and commissioners of said town of Greenville to any person or persons whatever shall be void, and any person or persons engaged in the sale of spirituous, malt or vinous liquors under license obtained from said intendant and commissioners after said election, in which a majority of the voters shall endorse upon their ballots, Prohibition, shall be held and deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882 If a majority of the voters should endorse on their ballots, No Prohibition, then it shall be the duty of said intendant and commissioners to grant license in same manner as if no election had been held. 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 22, 1884.

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PROHIBITING DRUNKENNESS IN WEST VIEW CEMETERY, ETC. No. 74. An Act to prohibit drunkenness and indecent and disorderly conduct in West View Cemetery, in Fulton county, and within one-fourth of a mile of the same; to provide penalties therefor; to give the City Court of Atlanta jurisdiction of such offenses, and to empower the guards of said cemetery, or other persons appointed by the trustees thereof, to make arrests. Section I. The General Assembly of the State of Georgia does enact , That drunkenness, indecent or lewd conduct or behavior, disorderly conduct of any kind, are hereby prohibited within West View Cemetery, in Fulton county, and within one-fourth of a mile of the same in any direction. Drunkenness, etc., prohibited. Sec. II. Any person violating the provisions of the foregoing section shall be arrested by the Sheriff or deputy Sheriff of Fulton county, by any member of the police force of the city of Atlanta, or by the guards or officers of said cemetery, and carried before the City Court of Atlanta for trial or before a Justice of the Peace for examination. Arrests. Commitment. Sec. III. That jurisdiction of any and all such offenses is hereby vested in the City Court of Atlanta, and any person convicted of a violation of the first section of this Act shall be punished as prescribed in section 4310 of the Code of this State. Jurisdiction of offense. Sec. IV. That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby repealed. Approved December 24, 1884. LOCAL OPTION ACT FOR RABUN COUNTY. No. 75. An Act to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Rabun, in this State, by submitting the same to the legal voters of said county, and to prescribe the manner of taking the vote thereon; 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, an election shall be held in the county of Rabun, in this State, upon the written application of fifty residents, freeholders of said county, to the Ordinary thereof, and may be held annually thereafter until this Act

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is adopted, that is, annually from the day of election, at which election the question of the sale of spirituous or intoxicating liquors of any kind, or any mixture of the same, including the sale of wines or a mixture thereof with the said liquors, shall be submitted to the qualified voters of said county, and those favoring the passage of this Act shall have written or printed on their tickets the words For Prohibition, and those who are against the passage of this Act shall have written or printed on their tickets the words, Against Prohibition Election to be held. Application for. May be annual. Ballots. Sec. II. Be it further enacted by the authority aforesaid , That whenever the application as aforesaid shall be filed in the office of the Ordinary of said county, it shall be the duty of the said Ordinary to order an election, which shall be on a day on which there is no other election, either Federal. State, county or municipal, and give notice thereof in the public gazette in which the Sheriff of said county does his legal advertising, for thirty days before the time of such election, and such election shall be held and governed in the same manner as elections for members of the General Assembly, except that only two tally-sheets and two lists of voters shall be kept at each voting place, one tally-sheet and one list of the voters, together with the tickets, shall be sealed up and transmitted to the Clerk of the Superior Court of said county, and the other tally-sheet and lists of voters shall be sealed up and transmitted to the Ordinary of said county, who shall carefully consolidate the same, and if a majority of all the legal votes cast at such election shall be in favor of prohibition, the said Ordinary shall so declare it and order all the proceedings to be recorded and give notice for thirty days of the result of such election, and that from and after the expiration of the said thirty days, this Act shall take effect, and it shall then be unlawful to sell, or cause to be sold in any quantity whatever, any spirituous or intoxicating liquor of any kind, or any mixture of such liquors, or mixtures of such liquors and wines, except wine for sacramental purposes, in the county of Rabun, and any person or persons directly or indirectly violating 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, and if a majority of the legal votes cast at such election be against prohibition, the said Ordinary shall so declare it and enter all the proceedings on the minutes, but not publish the same. Time of election. Notice. Regulations for. Returns. Declaration of result. Effect of election. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That the provisions of sections of the Code 4568, 4568 (a), 4569 and 4571 in relation to illegal voting, and section 4570, in relation to the sale and furnishing liquors on election days, shall apply to all elections held under this Act. Illegal voting, 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 December 24, 1884.

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LOCAL OPTION ACT FOR UPSON COUNTY. No. 78. An Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Upson 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 Upson on the first Tuesday in June, 1885, to determine whether intoxicating liquors or bitters shall any longer be sold in said county. Time of election. 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 the newspaper published in said county. Notice of election. Sec. III. Be it further enacted , That each voter at such election shall have written or printed on his ballot the words For the sale of liquor, or Against the sale of liquor Ballots. Sec. IV. Be it further enacted , That the qualification of 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 the newspaper published in said county, and said board of commissioners shall have authority to throw out any illegal votes cast at said election. Regulations for election. Declaration of result. 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 September, 1885, 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 said county of Upson, and any person or persons 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 of Georgia. Result of election. Penalty. 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

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from selling domestic wines or cider, nor shall anything be so construed as to interfere with vested rights. Exceptions. Proviso. 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. Sale of liquor on election day, 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 December 24, 1884. LOCAL OPTION ACT FOR HARALSON COUNTY. No. 81. An Act to submit to the legal voters of Haralson county the question of prohibiting the sale of spirituous or malt liquors in said county; to give effect to the result of said election, and to provide a penalty for the violation of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That within thirty days after the passage of this Act, the Ordinary or Clerk of the Superior Court of Haralson county shall advertise an election to be held in said county upon the question of prohibiting the sale of spirituous or malt liquors in said county. Election to be held. 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, Prohibition, or Against Prohibition, as the voters may favor or oppose the sale of spirituous or malt liquors. The result of said election shall be reported 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 Haralson Banner , a paper published in said county, and one insertion shall be sufficient. Regulations for. Ballots. Result. Sec. III. Be it further enacted by the authority aforesaid , That if the result of said election is for prohibition, 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 malt liquors in any quantity, and for any purpose whatever, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the revised Code of 1882. Effect of election. Penalty. Sec. IV. Be it enacted by the authority aforesaid , That the advertisement provided in section first of this Act shall be made once a week for four weeks in the Haralson Banner , and shall also be posted at the Justice Court ground of each militia district in said county at least thirty days before the time fixed for said election. Method of advertisement.

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Sec. V. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. LOCAL OPTION ACT FOR FLOYD COUNTY. No. 88. An Act to submit to the qualified voters of Floyd county the question of the sale and furnishing of any intoxicating, alcoholic, vinous or malt liquors in said county, and to prohibit the same from being sold or furnished after said election, provided a majority of those voting shall so determine by their ballots, and to provide penalties for such sale and furnishing, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That within thirty days after the filing of a petition to the Ordinary, signed by one hundred resident freeholders, there shall be an election held in said county of Floyd to determine the question of the sale and furnishing of intoxicating, alcoholic, vinous or malt liquors in said county as hereinafter provided. Election to be held. Sec. II. Be it further enacted, etc. , That those who are in favor of the sale and furnishing of the articles mentioned in the first section of this Act shall have written or printed on their tickets, Against Prohibition, and those who are against the sale and furnishing of said articles shall have written or printed on their tickets, For Prohibition, and the provisions of section 4570 of the Code of 1882 shall apply to the election herein provided for. Ballots. Sec. III. Be it further enacted, etc. , That the qualifications 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 one certificate of the consolidating managers, together with one list of voters, and one tally sheet from each place of holding the election shall be sealed up and delivered to the Ordinary of said county, instead of being mailed to the Governor, and said Ordinary shall, without delay, publish the result of said election in the newspapers of said county, and record the same in his office. Regulations for. Publication of result. Sec. IV. Be it further enacted, etc. , That from and after the first day of September, 1885, if a majority of the votes cast shall be For Prohibition, it shall not be lawful for any person or persons to sell, either directly or indirectly, or furnish at any place of business, or any other public place, by any device whatever, any intoxicating, alcoholic, vinous or malt liquors within the limits of said county; Provided , that nothing in this Act shall be construed to prevent the

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sale, or furnishing by the maker of any domestic wine, beer or cider made in said county, or the sale or furnishing of wine for sacramental purposes, nor shall anything herein prevent licensed druggists from selling or furnishing pure alcohol for medicinal and scientific purposes. Sale, etc., prohibited. Exceptions. Sec. V. Be it further enacted, etc. , That at the expiration of two years from the first day of September, 1885, if either party shall be dissatisfied with the result of said election, then, upon application by petition of not less than one hundred freeholders to the Ordinary, he shall order a new election in the manner and form as heretofore and hereinafter provided. Subsequen elections. Sec. VI. Be it further enacted, etc. , That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. Sec. VII. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1884. LOCAL OPTION ACT FOR FAYETTE COUNTY. No. 92. An Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Fayette after submitting the same to the qualified voters of said county; to provide a penalty for a violation of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That upon application by petition signed by fifty voters of Fayette county, who are qualified to vote for members of the General Assembly, the Ordinary of said county of Fayette shall order an election to be held at the places of holding elections for members of the General Assembly, to take place within forty days after the reception of such petition, to determine whether or not the sale of alcoholic, spirituous or malt liquors or intoxicating bitters shall be prohibited in said county of Fayette. Election to be held. Time for. 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 the newspaper in which the Sheriff's sales of said county are published. Notice of. Sec. III. Be it further enacted , That each voter at said election shall have written or printed on his ballot either the word, Prohibition, or No Prohibition. Ballots. 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

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returns thereof shall be made to the Ordinary of said county, who shall consolidate the vote, decide all contests, and declare the result by publishing the same in the newspaper in which the Sheriff's sales of said county are published, and record the result of the election in his office. Regulations for election. Declaration of result. 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 or malt liquors or intoxicating bitters in any quantity, either by wholesale or retail, in the county of Fayette, and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished as prescribed in section 4310 of the Code of 1882. Effect of election. Penalty. Sec. VI. Be it further enacted , That should a majority of the votes cast at said election have upon them No Prohibition, then it shall not affect any local law now in force prohibiting the sale of liquors in any part of said county. Not to affect existing laws. 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 23, 1884. LOCAL OPTION ACT FOR ELBERT COUNTY. No. 93. An Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters or intoxicating drugs of any kind, in the county of Elbert, and for other purposes therein mentioned. Section I. The General Assembly of the State of Georgia do enact , That an election shall be held in the county of Elbert, on the first Saturday in March, 1885, to determine whether intoxicating liquors shall any longer be sold in said county. Election to be held. Time of. 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. 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. Ballots. 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

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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. Regulations for election. Returns and declaration of result. 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 or intoxicating drugs of any kind in any quantity in said county of Elbert, 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. Effect of election. Penalty. Proviso. 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 December 24, 1884. PROHIBITING SALE OF LIQUOR INVICINITY OF SHADY GROVE CHURCH. No. 95. An Act to prohibit the sale of distilled, malt or vinous liquors with in one mile of Shady Grove Church, in Oconee county; to provide a penalty for a violation 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, it shall be unlawful for any person to sell or barter distilled, malt or vinous liquor s within one mile of Shady Grove Church in Oconee county, Georgia. Sale of liquor prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. 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 December 24, 1884.

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PROHIBITING SALE OF LIQUOR IN VICINITY OF GLADE METHODIST CHURCH AND GLADE ACADEMY, OF TOWN OF LUTHERSVILLE; OF BETHEL CHURCH IN MERIWETHER COUNTY, AND OF SILOAM CHURCH, OR PHILIPPI CHURCH, IN LUMPKIN COUNTY. No. 96. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Glade Methodist Church and Glade Academy, in the county of Oglethorpe; the sale of spirituous, malt, vinous or intoxicating liquors within three miles of the incorporate limits of the town of Luthersville, in the county of Meriwether; the sale of spirituous, malt, vinous or intoxicating liquors within four miles of the colored Baptist Church, called Bethel, near Rocky Mount, in the county of Meriwether; the sale of intoxicating liquors in any quantity within three miles of Siloam Church, or of Philippi Church, in the county of Lumpkin, 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 passags of this Act, it shall not be lawful for any person to sell, barter or exchange, directly or indirectly, any spirituous, malt or other intoxicating liquors within three miles of Glade Methodist Church and Glade Academy, in the county of Oglethorpe. Sale prohibited in vicinity of Glade Methodist Church and Glade Academy. Sec. II. 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 to sell or barter, either directly or indirectly, spirituous, malt, vinous or intoxicating liquors within three miles of the incorporate limits of the town of Luthersville, in the county of Meriwether. In vicinity of Luthersville. 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 to sell or barter, either directly or indirectly, spirituous, malt, vinous or intoxicating liquors within four miles of the colored Baptist Church, called Bethel, near Rocky Mount, in the county of Meriwether. In vicinity of Bethel church in Meriwether county. Sec. IV. 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 to sell spirituous liquors in any quantities within three miles of Siloam Church, or Philippi Church, in the county of Lumpkin. In vicinity of Siloam church or Philippi church in Lumpkin county. Sec. V. B 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 , that 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

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this Act till after the expiration of the time for which such party or parties were licensed. Penalty. Proviso. 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 24, 1884. LOCAL OPTION ACT FOR HABERSHAM COUNTY. No. 105. An Act to prohibit the sale of intoxicating liquors within the county of Habersham, subject to a vote of the qualified voters of said county before being enforced; 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, an election may be held, and annually thereafter until this Act is adopted, in the county of Habersham, in this State, upon the written application of fifty resident freeholders of said county to the Ordinary of said county, at which election the question of the prohibition of the sale of intoxicating, malt or spirituous liquor or any mixture of such liquor in any quantity whatever shall be submitted to the qualified voters of said county, and those favoring the passage of this Act shall have written or printed on their tickets the words, For Prohibition, and those who oppose the passage of this Act shall have written or printed on their tickets the words, Against Prohibition. Election to be held. Application for. Ballots. Sec. II. Be it further enacted by the authority aforesaid , That when the application, as aforesaid, shall be filed in office of the Ordinary of said county, it shall be the duty of said Ordinary to order an election, which shall be on a day on which there is no other election, either Federal, State, county or municipal, and give notice in one or more public gazettes of said county for thirty days before the time of such election, and such election shall be held and governed in the same manner as elections for members of the General Assembly, except that only two tally-sheets and two lists of voters shall be kept. One tally-sheet and one list of voters, together with the tickets, shall be sealed up and transmitted to the Clerk of the Superior Court of said county, and the other tally-sheet and list of voters shall be transmitted to the said Ordinary, who shall carefully consolidate the same, and if a majority of the legal votes cast at such election be for prohibition, the said Ordinary shall so declare it, order all the proceedings to be recorded and give notice for thirty days of the result of such election, and that from and after the expiration of said thirty days, this Act shall take effect, and it then shall be un-lawful

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to sell or cause to be sold, in any quantity whatever, any spirituous, malt or intoxicating liquor, or any mixture of such liquor, in the county of Habersham, and any person or persons directly or indirectly violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished as prescribed in section 4310 of the Code of Georgia of 1882, and if a majority of the legal votes cast at such election be against prohibition, the said Ordinary shall so declare it, and enter all the proceedings on the minutes, but need not publish the same. Time of election. Notice. Regulations for Declaration of result, etc. Effect of election. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all the provisions found in the Code of 1882 on the subject of illegal voting in section 4568, 4568 (a), 4569 and 4571 and section 4570, which prohibits the sale or furnishing of liquors on election day, shall apply to elections under this Act. Illegal voting, 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 December 24, 1884. MANUFACTURE OR SALE OF LIQUORS IN DeKALB COUNTY. No. 106. An Act to authorize the citizens of DeKalb county to cast a vote to decide whether intoxicating liquors shall be manufactured or sold in said county. Section I. Be it enacted by the General Assembly of said State , That whenever a petition, signed by fifty or more of the legal voters of DeKalb county, shall be presented to the Ordinary of said county, asking an order for an election to decide whether intoxicating liquors shall be manufactured or sold in said county, it shall be his duty to file said petition in his office, and within five days from the filing thereof give public notice in the newspaper in which the public advertisements of said county are published, appointing a day for said election, which shall take place in not less than twenty nor more than thirty days from said publication. Petition for election. Election to be held. Notice. Time of election. Sec. II. Be it further enacted , That said election shall be held under the rules and regulations prescribed for members of the General Assembly, and the voters thereat may endorse on their tickets, Allowed, or Not Allowed, and one or more of the managers at the different precincts in said county shall, on the day after said election, meet at the court-house in said county at 12 o'clock m. and consolidate the vote of the different precincts and certify the same to the Ordinary. Regulations for. Ballots. Returns.

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Sec. III. Be it further enacted , That if a majority of the votes cast at said election shall be endorsed, Not Allowed, and so certified by the managers, as aforesaid, it shall be the duty of the Ordinary immediately to give notice thereof in said public gazette, and after said notice, the manufacture and sale of all intoxicating liquors in said county shall cease and not be allowed, and any person violating the provisions of this Act shall be punished as prescribed in section 4310 of the Code of 1882; Provided , that this Act shall not interfere with the manufacture or sale of domestic wines or cider, or wines for medicinal or sacramental purposes. Declaration of result. Penalty. Exceptions. Sec. IV. Be it further enacted , That if a majority of the votes cast at said election shall be endorsed, Allowed, the provisions of this Act shall not affect those localities in said county where the sale of intoxicating liquors are now prohibited by law, but the same shall be and remain under the laws now governing them. Existing laws not 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 December 24, 1884. LOCAL OPTION ACT FOR GWINNETT COUNTY. No. 108. An Act to prohibit the manufacture or sale of spirituous, malt, vinous or other intoxicating liquors in the county of Gwinnett, State of Georgia, after submitting the same to the qualified voters of said county; to regulate the manner in which intoxicating liquors in any quantity may be furnished; to provide a penalty for violating said Act, 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 question of prohibiting the manufacture or sale of spirituous, malt, vinous or other intoxicating liquors, except as is hereinafter provided, shall be submitted to the qualified voters of said county at any time whenever so many as one hundred of the qualified voters of said county shall petition the Ordinary of said county for the benefits of the provisions of this Act. Election to be held. Petition for. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the Ordinary of said county, whenever petition, as prescribed in the first section of this Act, to order an election to be held in said county within not less than thirty nor more than forty days thereafter, in the same manner and under the same laws 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 Clerk of the Superior Court of said county,

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and kept as the returns of other elections, and the other shall be returned to the Ordinary of said county, who shall consolidate the returns and declare the result of said election. Time of election. Regulations for. Declaration of result. Sec. III. Be it further enacted by the authority aforesaid , That the Ordinary of said county shall publish, or cause to be published, his order directing said election to be held, in the public gazette in which the legal advertisements of said county are published, once a week for four weeks preceding said election, giving notice that those opposing the manufacture or sale of spirituous, malt, vinous or other intoxicating liquors shall have written or printed on their ballots, No Whisky, and those favoring the manufacture or sale of spirituous, malt, vinous or other intoxicating liquors shall have written or printed on their ballots, For Whisky. Notice of election. Ballots. Sec. IV. Be it further enacted by the authority aforesaid , That if, upon the consolidation of the returns of said election, it shall appear that a majority of the legal votes cast are for prohibition, then the Ordinary of said county shall without delay publish his proclamation declaring the result of said election in the same public gazette in which notice of said election was published, and from and after that date it shall be unlawful for any person or persons or firm, their agents, employs or clerks, to sell, barter or exchange or furnish by any device whatever for a valuable consideration any spirituous, malt, vinous or other intoxicating liquors in any quantity within the boundaries of said county, except as is hereinafter provided. Effect of election. Sec. V. Be it further enacted by the authority aforesaid , That in the event a majority of the legal votes cast at the first election held under the provisions of this Act be against prohibition, it shall be the duty of the Ordinary of said county to order an election, to be governed in all respects as is hereinafter provided, as often as petitioned as prescribed in the first section of this Act until the same is ratified; Provided , that elections shall not be held under the provisions of this Act oftener than once in every twelve months. Subsequent elections. Proviso. Sec. VI. Be it further enacted by the authority aforesaid , That in the event a majority of the legal votes cast at any election held under the provisions of this Act are in favor of prohibition, upon the recommendation of the Grand Jury, the Ordinary of said county may license 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, after giving bond with good security in the sum of two thousand 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 any other vinous, malt or spirituous liquors for medicinal or mechanical purposes in quantities not less than one quart; said affidavit and bond shall be recorded and kept by the Ordinary in his office, for which his fee shall be one dollar. License to druggists. Oath and bond of, etc. Sec. VII. Be it further enacted by the authority aforesaid , That any druggist, apothecary or physician having a license to keep and sell

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such liquors as are by this Act provided shall not sell the same to any person, unless the person applying for the same shall make and sign an affidavit that said liquors are needed by the applicant for sacramental, medicinal or mechanical 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 Jury of said county, to be examined by them, and if the Grand Jury find that such licensed druggist, apothecary or physician has not conformed to the spirit and intention of this Act, he shall be indicted for a misdemeanor, and upon conviction punished as prescribed in section fourteen of this Act. Said book of affidavits shall be open at any time for the inspection of any officer or citizen of said county. Druggists may sell, how. Duty of Grand Jury. Penalty. Sec. VIII. Be it further enacted by the authority aforesaid , 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, to the county school commissioner and paid out by him as part of the common school fund. The Ordinary of said county shall not license any druggist, apothecary or physician to sell liquors as is herein provided for a longer period than one year, and at any time, upon the recommendation of the Grand Jury, he shall refuse to grant further license Further regulations for sale by druggists. Penalty. Period of license, etc. Sec. IX. Be it further enacted by the authority aforesaid , That from and after the ratification of this Act, all rights and authority now delegated the corporate authorities of any town or towns of said county to issue license to sell intoxicating liquors of any kind in any quantity whatever be, and the same are hereby repealed. Effect of this Act on authority to license. Sec. X. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to affect the vested rights of those who have at the time this Act is ratified a license to sell said liquors until the expiration of the time for which said license is issued. Not to affect vested rights. Sec. XI. Be it further enacted by the authority aforesaid , That nothing in this Act shall be so construed as to prevent any person from

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furnishing wine for sacramental purposes, or the manufacture or sale of cider or demestic wines; Provided , that such wines are sold by the producer only, and not offered for sale by the drink at any bar-room or other public place of business. Exceptions to this Act. Sec. XII. Be it further enacted by the authority aforesaid , That nothing in this Act shall be held as repealing any existing laws of any municipality or locality of said county prohibiting absolutely the sale of all intoxicating liquors. Act not to affect existing prohibitory laws. Sec. XIII. Be it further enacted by the authority aforesaid , That at any election held under the provisions of this Act no person shall be allowed to vote at said election, except at the voting precinct in the militia district in which he resides, of which the Ordinary of said county shall give notice in his order directing said election to be held. Where votes must be cast. Sec. XIV. Be it further enacted by the authority aforesaid , That any person who shall be guilty of violating any of the provisions of this Act shall be held and deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1882 Penaliy for sale, etc. Sec. XV. 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 24, 1884. LOCAL OPTION ACT FOR TROUP COUNTY. No. 114. An Act to submit to the qualified voters of the county of Troup the question whether or not spirituous, vinous or malt liquors shall be sold, bartered or in any way disposed of for valuable consideration within the limits of said county, 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 Troup, and State of Georgia, at any time, upon the petition of at least twenty (20) of the qualified voters of said county, to order an election to be held in the manner and governed by laws now of force for the election of members of the General Assembly of this State, except as hereinafter provided, notice of which said election shall be published in the LaGrange Reporter once a week for two weeks at least, 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,

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and those favoring the sale of spirituous or malt liquors, intoxicating bitters, wines, beers or other liquors may write or print on their tickets the words, Against Prohibition. Election to be held. On petition. Regulations for election. Notice of. Ballots. Sec. II. Be it further enacted , That the qualification of voters at said election and manner of conducting 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 the precinct in which he resides, and that the returns thereof shall be made on the first Tuesday after said election to the Ordinary of 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 that said Ordinary shall have authority to throw out any illegal votes cast at said election. Qualifications of voters, etc. Where votes must be cast Returns, etc. Declaration of resuit, etc. Sec. III. 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 upon notice being published by the Ordinary for at least thirty (30) days, and on and after such day as the Ordinary may designate, it shall not be lawful for any person, either by himself or another, to sell directly or indirectly, or to furnish in any place of business for the purpose of inducing trade, any alcoholic, spirituous or malt liquors or any intoxicating bitters, wines, beers or other intoxicating liquors in any quantity in said county of Troup, 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. Effect of election. Penalty. Sec. IV. Be it further enacted , That the provisions of this Act shall not prevent regularly practicing physicians prescribing liquor or intoxicating bitters themselves as medicines to their patients under treatment by them, or other persons from funishing wines for sacramental purposes, nor shall this Act prevent any person or persons from selling domestic wines made by themselves. Exceptions. Sec. V. Be it further enacted , That section 4570 of the Code of Georgia, in regard to prohibiting the sale or furnishing of spirituous liquors on election days, shall apply to the election held under the provisions of this Act. Sale, etc., of liquor on election day. Sec. VI. Be it further enacted , That the Ordinary shall not order an election under this Act earlier than the first Monday in April, 1885. Sec. VII. Be it further enacted , That should the result of said election be against prohibition, the Ordinary of said county shall, at any time after the expiration of twelve months from the day of the last election, upon the petition of at least twenty (20) of the qualified voters 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. Time for election. Subsequent elections, 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 December 24, 1884.

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LIQUOR LICENSE LAW FOR SCRIVEN COUNTY, No. 116. An Act to amend an Act entitled an Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thousand dollars, and for other purposes, approved August 11th, 1881, so as to make said Act, when so amended, extend over the entire county of Scriven, and include within the provisions and operation such part of the town of Millen as lies within said county of Scriven; to provide for a vote to be taken on said amending Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thousand dollars, and for other purposes, approved August 11th, 1881, be, and the same is hereby amended by adding immediately after the word void, at the end of section second of said Act, the following: and the provisions of this Act shall extend over the entire county of Scriven, and include within its provisions and operation such part of the town of Millen as lies within said county of Scriven, so that said section second, when so amended, shall read as follows: ` Be it further enacted by the authority aforesaid , That before any license shall be granted to sell spirituous or intoxicating liquors in any quantity in the said county of Scriven, the applicant thereof shall pay to the officers authorized by law to grant license to retail spirituous liquors the sum of ten thousand dollars, and any license granted for such purpose, without the payment of said sum, and a full compliance with all the requirements of this Act and the general law in relation to granting license to retail spirituous liquors, shall be null and void, and the provisions of this Act shall extend over the entire county of Scriven, and include within its provisions and operation such part of the town of Millen as lies within said county of Scriven. Liquor license law extended over entire county. To include part of Millen lying in Scriven county. Sec. II. Be it further enacted , That before this amending Act shall become a law, it shall be submitted to the qualified voters of said county under the regulations mentioned in the next section of this Act. To be submitted to popular vote. Sec. III. Be it further enacted , That on the eleventh (11th) day of September, 1885, an election shall be held at the election precincts of said county under the same rules and regulations as govern elections for members of the General Assembly as far as relates to the manner of conducting the same and the qualification of voters; that at said election the voters shall vote on their tickets either

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Whisky, or No Whisky; that on the day following said election one of the managers of the same shall return to the Ordinary of said county all the papers relating to said election; the said Ordinary shall at once consolidate said election returns, and enter said consolidation on the minutes of the Court of Ordinary, said Ordinary having the same powers as to consolidation as consolidators of elections for members of the General Assembly have. Time of election. Rules for. Ballots. Returns. Sec. IV. Be it further enacted , That if upon said consolidation there should be a majority of votes cast for No Whisky, then the said Ordinary, by publication at the door of the court-house, or in a public gazette of said county for five days, declare the result of said election, and immediately after the expiration of said five days' publication, this Act shall become a law. Declaration of result. Sec. V. Be it further enacted , That if upon said consolidation it should appear that a majority of votes cast shall be For Whisky, then the Act of which this is amendatory shall be affected in no way by this Act and said election, but shall remain in every part as it now is, and as if this Act had not been passed. If majority be for whisky. 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 July 31, 1885. LOCAL OPTION ACT FOR DOUGLAS COUNTY. No. 151. An Act to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Douglas, in Georgia, and to provide a penalty for the violation of the same. Section I. Be it enacted by the General Assembly of Georgia , That for the purpose of ascertaining the will of the people of the county of Douglas 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 Ordinary of said county shall name a day, not less than thirty days distant from the passage of this Act and not more than sixty days distant, at which an election shall be held at the election precincts of said county to determine said question. Election to be held. Time 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 shall be allowed to vote at such elections. Regulations for. Sec. III. Be it further enacted , That notice of said election shall be advertised in the newspaper of said county, or such other paper in which the advertisements of the Sheriff and Ordinary of said county

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are published, once a week for four weeks, and by posting a like notice at three of the most public places in said county, the places to be selected by the Ordinary. Notice of. 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 Aet, 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. Ballots. Sec. V. Be it further enacted , That the managers of said election shall keep or cause to be kept a duplicate list of voters and tallysheets, and shall sign and certify to the same, and shall transmit or deliver through one of their number to the Ordinary of said county on the day of election, or as soon thereafter as practicable, which Ordinary shall carefully correct and consolidate such returns, and in the event that said vote or result of said vote shall be in favor of prohibition, said Ordinary shall certify the same officially and proclaim the result by publication in the newspaper in which the Sheriff and Ordinary, as aforesaid, publish their advertisements, as aforesaid, 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. Lists, tallysheets, etc. Returns. Declaration of result. Sec. VI. Be it further enacted , That should the result of said election be against prohibition, the Ordinary of said county shall, at any time after the expiration of twelve months, 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 though the first election had been for prohibition. Subsequent elections Sec. VII. Be it further enacted , That if the result of the first election, or of any subsequent election by this Act provided, shall be for prohibition, that it shall not be lawful, after the days named by the Ordinary as aforesaid declaring the result of said election, for any person or persons whomsoever to sell, vend or barter, give away at his or her place of business or other public place in any manner whatsoever in the county of Douglas, any spirituous, vinous, malt or other intoxicating liquors, wines or medicated bitters, or fruits in alcohol, which if taken or drank to excess will produce intoxication; Provided , any licensed druggist may sell pure alcohol only for medicinal, mechanical or art purposes in quantities not less than one quart. Effect of election. Proviso. Sec. VIII. 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 be not sold in a saloon or bar room or any other regular public place of business by the drink. Exceptions. Sec. IX. Be it further enacted , That vested rights of persons holding license to sell shall not be prejudiced or interfered with by any provision

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herein contained during the time for which such license was granted. Vested rights saved. Sec. X. Be it further enacted , That any person violating the provisions of this Act by selling any of the liquors, wines, medicated bitters, etc., hereinbefore mentioned, or by otherwise disposing of them, or any or either of them, in any manner whatever, except as hereinbefore excepted, after the result of any election under this Act which is For Prohibition, and after the day named in the proclamation by the Ordinary as aforesaid, shall be deemed and held guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. Sec. XI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved September 4, 1885. LOCAL OPTION ACT FOR OGLETHORPE COUNTY. No. 160. An Act to submit to the voters of Oglethorpe county the question of granting license to sell spirituous, vinous, malt or intoxicating liquors of any kind or quantity, and to provide for an election to determine the same, and to provide for a penalty for violating 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 the Ordinary of the county of Olglethorpe, upon the petition of seventy-five free-holders, be authorized and directed to order an election by the qualified voters of said county, giving thirty days' notice in the official gazette of said county, to determine the question of granting license to sell spirituous, vinous, malt or intoxicating liquors of any kind and quantity in said county of Oglethorpe. Election to be held. Notice. Sec. II. Be it further enacted by the authority aforesaid , That in the election to be held as prescribed in the foregoing section, tickets shall be voted having on them the words, License, or No License, and if there be a majority of said voters in favor of No License, then the Ordinary of said county shall issue his order prohibiting the granting and issuing of license to any one to sell any intoxicating liquors of any kind and quantity in said county; Provided , a reasonable time after said election shall be given by the Ordinary before this Act shall go into effect. Ballots. Effect of election. Proviso. Sec. III. Be it further enacted , That said election be held as is usual for members of the General Assembly, and the returns made to the Ordinary of said county, who, after examining the same and deciding all questions growing out of said election, shall proclaim the result as aforesaid. Regulations for election.

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Sec. IV. Be it further enacted , That any person violating the provisions of this Act shall be punished, upon conviction, as prescribed by section 4310 of the Code of Georgia. Penalty. Sec. V. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 4, 1885. PROHIBITING SALE OF LIQUOR IN VICINITY OF CHUBB'S CHAPEL. No. 168. An Act to prohibit the sale of spirituous or malt liquors within a radius of three miles of Chubb's Chapel, in Floyd county, Georgia. 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 or persons to sell spirituous, vinous or malt liquors or intoxicating bitters within a radius of three miles of Chubb's Chapel, in Floyd county, Georgia. Sale of liquor prohibited. In vicinity of Chubb's Chapel. Sec. II. Be it further enacted by authority of the same , That any person violating any provision of the foregoing section shall be punished, upon conviction, as provided in section 4310 of the Code for each and every violation of said Act. Penalty. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with the foregoing Act are hereby repealed. Approved September 10, 1885. PROHIBITING SALE, ETC., OF LIQUOR IN SMITHVILLE AND VICINITY. No. 171. An Act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the town of Smithville, Lee county, Georgia, or within three (3) miles of said town. Section I. Be it enacted , 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 corporate limits of the town of Smithville, in the county of Lee, or within three (3) miles of said town. Sale, etc. prohibited. In Smithville and vicinity.

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Sec. II. Be it further enacted , That any person 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; Provided , that nothing in this Act shall apply to practicing physicians furnishing liquors in cases of medical treatment. Penalty. 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, 1885. AMENDING LOCAL OPTION ACT FOR MADISON COUNTY, ETC. No. 177. An Act to amend section 3 of an Act entitled an Act to submit to the legal voters of Madison county and town of Danielsville the question of prohibiting the sale of spirituous, vinous or malt liquors in the county of Madison and the town of Danielsville, in said county; to provide a penalty for the violation of the same, and for other purposes, approved December 20, 1884, said amending to be in reference to time, when to take effect, etc. 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 3 of an Act, approved December 20, 1884, authorizing the question of prohibition to be submitted to the qualified voters of Madison county and the town of Danielsville, be amended by inserting after the word gazette, and before the word all, the following words, to wit: And if a majority of the votes cast at said election are for prohibition, the Ordinary shall declare the same the first of December next after the election is held, and it shall go into effect on the first day of January following, so that said section, when amended, will read as follows, to-wit: That the Ordinary shall consolidate the returns of said election and declare the result, and if a majority of the votes cast at said election are for prohibition, he shall declare the same, and have it published in the same newspaper for thirty days, and from and after that time it shall be unlawful to sell intoxicating, spirituous, vinous or malt liquors in any quantity in said county, or any district or town thereof, except domestic wines by the producer, and wine for sacramental purposes, and liquors for medical purposes as regulated in the following section, and 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 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, and if a majority of the votes cast at said election are for prohibition, the Ordinary shall declare

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the same the first of December next after the election is held, and it shall go into effect on the first day of January following; all the proceedings before the Ordinary shall be entered on the minutes of his court. Result of election. When to take effect. 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, 1885. LOCAL OPTION ACT FOR COLUMBIA COUNTY. No. 210. An Act to provide for the submission of the question of prohibition to the qualified voters of Columbia county, and in the event said election is carried for prohibition, to prohibit the sale of spirituous, vinous or malt liquor in 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 Georgia , That within sixty days from the passage of this Act, the Ordinary of Columbia county shall order an election to be held in said county, after advertising the same once a week for four weeks and posting a notice thereof at the court-house in said county for thirty days, upon the question of prohibition or no prohibition as to the sale of spirituous, vinous or malt liquor in said county. Election to be held. Notice. Sec. II Be it further enacted , That the 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 on them, For Prohibition, or Against Prohibition, as the voters may favor or oppose the sale of spirituous, vinous or malt liquor. The result of said election shall be reported by the managers thereof to the Ordinary of said county, who shall make a record of said result in his office, and the same shall be announced in the newspaper where the legal advertisements of the county are done. Regulations for election. Ballots. Returns. Declaration of result. Sec. III. Be it further enacted , That if the result of said election shall be for prohibition, any person or persons who shall, after the announcement of said fact as provided in the preceding section, sell, barter or exchange any spirituous, vinous or malt liquor in any quantity or for any purpose, except on the prescription or certificate of a physician, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia; Provided , that such persons who have license for a term before prohibition is voted shall be allowed to sell for the time such license shall run. Effect of election. Penalty. Proviso. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 5, 1885.

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LOCAL OPTION ACT FOR HARRIS COUNTY. No. 213. An Act to submit to the qualified voters of Harris county the question whether or not spirituous, vinous or malt liquors shall be sold, bartered or in any way disposed of for valuable consideration within said county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That on the second Wednesday, the 11th day of November, 1885, the question of the prohibition of the sale of the spirituous, vinous or malt liquors shall be submitted to the qualified voters of Harris county. Election to be held. Time for. Sec II. Be it further enacted , That the election shall be held at all the election precincts of said county and under the same rules and regulations as apply to elections for members of General Assembly, except as herein provided. The returns shall be made to the commissioners of roads and revenue for said county, who shall within three (3) days after said election open and consolidate said returns and declare the result and cause the same to be published in the newspaper in which the legal advertisements of the county are published. Regulations of election. Returns. Declaration of result. Sec. III. Be it further enacted , That those voters who favor said prohibition shall have written or printed on their ballots, For Prohibition, and those voters who favor the sale of said spirituous, vinous or malt liquors shall have written or printed on their ballots, Against Prohibition. Ballots. Sec. IV. Be it further enacted , That the Ordinary of said county shall have published the time and places of holding said election at least ten (10) days before said election shall take place by causing a notice of the same to be posted at the court-house door and in some conspicuous place in each militia district, and also by having said notice published in the newspaper in which the legal advertising of said county is done. Notice of election. Sec. V. Be it further enacted , That if a majority of the ballots legally cast at said election shall have written or printed on them, For Prohibition, it shall not be lawful for any person or persons to sell, barter or in any way dispose of for valuable consideration, either directly or indirectly, in any quantity, any spirituous, vinous or malt liquors within said county; Provided , that nothing herein shall interfere with vested rights. Effect of election. Proviso. Sec. VI. Be it further enacted , That if any person shall violate any of the provisions of this Act, he shall be deemed guilty of a misdemeanor, and upon conviction be punished as provided in section 4310 of the Code. Penalty. 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 October 5, 1885.

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SALE OF DOMESTIC WINES IN EMANUEL COUNTY. No. 222. An Act to allow any person in the county of Emanuel to sell any domestic wines manufactured from grapes or other fruits grown on their own lands (without being distilled) in any quantity not less than one quart without license; Provided , it shall not be sold in any bar-room in said county, including the town of Swainesboro therein; Provided further , the same is not adulterated with any spirituous or malt liquors. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, any person in the county of Emanuel shall be allowed to sell any domestic wines manufactured from grapes or other fruits grown on their own lands (without being distilled) in any quantity not less than one quart without license; Provided , it shall not be sold in any bar room in said county, including the town of Swainesboro therein; Provided further , the same is not adulterated with any spirituous or malt liquors. Sale of domestic wines allowed. Without license. Not adulterated. 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 as prescribed in section 4310 of the Code of Georgia. 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 October 5, 1885. PROHIBITORY ACT FOR PUTNAM COUNTY. No. 236. An Act to prohibit the sale of spirituous, malt or any other intoxicating liquors in the county of Putnam, State of Georgia; to provide a punishment therefor, and for other purposes. Section I. The General Assembly of the State of Georgia do enact, and it is hereby enacted by authority of the same , That from and after the passage of this Act, it shall be unlawful for any person to sell in any quantity, in the county of Putnam, in said State, spirituous, malt or any other intoxicating liquors. Sale of liquors prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person or persons who shall violate the provisions of the foregoing

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section shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of this State. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885. PROHIBITING SALE, ETC, OF LIQUOR IN VICINITY OF BEAVER DAM CHURCH. No. 243. An Act to prohibit the selling, vending or exchanging of any kind of intoxicating liquors in any quantity within three miles of Beaver Dam Church, in Oglethorpe county, and to provide a penalty for the 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 three miles of Beaver Dam Church, in Beaver Dam district, G. M., of Oglethorpe county. Sale, etc., of liquor prohibited. Sec. II. 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. 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 October 6, 1885. PROHIBITING SALE, ETC., OF LIQUORS IN VICINITY OF CEDAR ROCK CHURCH. No. 276. An Act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of two miles of Cedar Rock Church, in the county of Butts. 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, no person or persons, firm or firms, shall vend, barter, exchange or sell spirituous, malt or alcoholic liquors within a radius of two miles of Cedar Rock Church, in Butts county. Sale, etc., of liquor prohibited.

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Sec. II. Be it further enacted , That any person or persons, firm or firms, violating the provisions of section one of this article, upon conviction of the same, shall be punished by fine and imprisonment in the chain gang, one or both, at the discretion of the Judge trying him or her; Provided , said fine shall not exceed five hundred dollars and imprisonment shall not exceed six months. 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 October 7, 1885. SALE, ETC., OF LIQUORS IN VICINITY OF NEW FORK CHURCH. No. 279. An Act prohibiting the sale of all spirituous, malt or other intoxicating liquors within two and one-half miles of New Fork Church; to prescribe 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 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 two and one-half miles of New Fork Church, situated in the county of Madison, State of Georgia. Sale, etc., of liquor prohibited. Sec. II. Be it further enacted , That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. Sec. III. 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 October 7, 1885.

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AMENDING LOCAL OPTION ACT FOR BARTOW COUNTY. No. 297. An Act to amend an Act entitled an Act to submit to the qualified voters of the county of Bartow the question of the sale and furnishing of intoxicating, alcoholic, spirituous, vinous or malt liquors in said county, and to prohibit the same from being sold or furnished after said election, if a majority of those voting shall so determine, and to provide penalties for such sale and furnishing, and for other purposes, approved the second day of December, 1884, by adding at the end of the 4th section of said Act the following: Provided further , that said wines shall not be sold or furnished at any place of business in quantities less than one quart, nor sold in tippling houses in any quantities. Section I. Be it enacted by the General Assembly of Georgia , That the above-recited Act be, and is hereby amended by adding at the end of the 4th section of said Act the following: Provided further , that said wines shall not be sold or furnished at any place of business in quantities less than one quart, nor sold in tippling houses in any quantities, so that when amended said 4th section of said Act shall read as follows: Be it further enacted , That on and after the first day of January next after said election, if a majority of the votes cast shall be Against Whisky, it shall not be lawful for any person or persons to sell, either directly or indirectly, or furnish at any place of business or any other public place, by any device whatever, any intoxicating, alcoholic, spirituous, vinous or malt liquors within the limits of said county; Provided , that nothing in this Act shall be construed to prevent the sale or furnishing by the maker of any domestic wine, beer or cider made in said county, or the sale or furnishing of wine for sacramental purposes, nor shall anything herein prevent licensed druggists from selling or furnishing pure alcohol for medicinal, art, scientific and mechanical purposes; Provided further , that said wines shall not be sold or furnished at any place of business in quantities less than one quart, nor sold in tippling houses in any quantities. Domestic wines not to be sold at business places. In quantities less than a quart. 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 October 7, 1885.

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PROHIBITING SALE OF LIQUORS IN VICINITY OF COUNTY LINE CHURCH, BETHEL BAPTIST CHURCH, MARTIN INSTITUTE, PINE LEVEL CHURCH, AND ADJACENT ACADEMY. No. 322. An Act to prohibit the sale of spirituous, malt or alcoholic liquors within three miles of County Line Church, in Butts county; the sale of spirituous, malt or alcoholic liquors within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett county; the sale of liquors within three miles of the Martin Institute, in Jackson county, and the sale of spirituous, malt or intoxicating liquors within four miles of Pine Level Church and the academy located within fifty yards of said church, in Macon county; to provide a penalty for a violation of the provisions of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, it shall not be lawful to sell, vend, barter or exchange spirituous, malt or alcoholic liquors within three miles in each and every direction of County Line Church, in Butts county, and it shall not be lawful to sell, vend, barter or exchange spirituous, malt or alcoholic liquors within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett county. Sale, etc. of liquor in the vicinity of County Line Church. Bethel Baptist Church. Sec. II. 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 to sell, vend or barter intoxicating liquors within three miles of the Martin Institute, in the town of Jefferson, Jackson county. Martin Institute. Sec. III. Be it further enacted by the authority aforesaid , That from and after the passage of this Act, it shall be unlawful for any person or persons to sell, barter or exchange any spirituous or malt liquors within four miles of Pine Level Church and the academy located within fifty yards of said church, in Macon county. Pine Level Church. And adjacent academy. Sec. IV. Be it further enacted by the authority aforesaid , That any person who may violate the provisions of this Act, or who may violate any one or more of the provisions of the same, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. 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 October 9, 1885.

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PROHIBITING SALE, ETC., IN VICINITY OF PROSPECT METHODIST CHURCH. No. 328. An Act prohibiting the sale of intoxicating or spirituous liquors within three miles of Prospect Methodist Church, in the county of Meriwether, 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, it shall not be lawful for any person to sell or barter, either directly or indirectly, intoxicating or spirituous liquors within three miles of Prospect Methodist Church, in the county of Meriwether; Provided , that the foregoing shall not affect the right of anyone to sell under license already secured. Sale, etc., of liquor prohibited. Sec. II. Be it further enacted by the authority aforesaid , That if any person shall violate the provisions of this Act, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. 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 October 9, 1885. AMENDING PROHIBITORY LAW FOR MILLER COUNTY. No. 364. An Act to amend an Act to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes, approved September 24, 1883, so as to prohibit druggists and physicians from selling such liquors. Section I. The General Assembly of Georgia do enact , That section II of the above-recited Act be amended by striking out of said section the following proviso, to-wit: Provided, however , that this Act shall not be construed so as to prevent regular authorized practicing physicians from furnishing their patients with liquors when the nature of the case prescribed for by them shall so demand it, so that said section when amended will read as follows: 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

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months nor more than one year, as prescribed in section 4310 of the Code of this State. Physicians prohibited from furnishing liquor. Sec. II. Be it further enacted , That sections three and four of the above-recited Act, which sections prescribe the manner in which physicians shall sell spirituous liquors and also prescribe the penalty for violating the same, be, and the same are hereby repealed. Manner in which physicians may furnish repealed. Sec. III. Be it further enacted , That nothing in this Act shall be construed so as to allow druggists to sell such spirituous liquors as are mentioned in section I of the above recited Act; Provided , that licensed druggists may sell pure alcohol for scientific, art and mechanical purposes. Druggists prohibited from selling. Except pure alcohol. Sec. IV. Be it further enacted , That any person violating any provisions of this Act, or the Act to which this is amendatory, shall be punished as prescribed in section 4310 of the Code of Georgia. 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 October 13, 1885. AMENDING PROHIBITORY LAW FOR ROCKDALE COUNTY. No. 371. An Act to amend an Act to prohibit the manufacture or sale of intoxicating liquors or intoxicating bitters in any quantity whatever in the county of Rockdale, except for medical purposes, and to provide for the keeping and sale for said medical purposes, and to prescribe penalties for the violation of the same, and for other purposes, approved September 25, 1883, so as to allow the Grand Jury to select and the Ordinary to commission a licensed physician in the regular practice, instead of a pharmaceutist or apothecary, if they think proper to do so; to provide penalties for its violation, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That section two of the above recited Act be amended by inserting in the fourth line of said section, after the word apothecary, the following words, to-wit: or a licensed physician in the regular practice, so that said section when amended shall read as follows: 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 or licensed physician in the regular practice, 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,

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to-wit: That I will not sell any intoxicating liquors of any kind whatever, directly or indirectly, or intoxicating bitters, except for medical purposes, and that as provided in sections third and fourth of 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. How liquor may be sold. Sec. II. Be it further enacted , That section three of the above-recited Act be amended by inserting in the second line of said section, after the word apothecary, the following words, to-wit: or physician, so that said section when amended shall read as follows: Be it further enacted , That the pharmaceutist or apothecary or physician, who is elected, commissioned 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 wanted, and shall sell only once on the same certificate. Must be for medical purposes. And on written certificate. Sec. III. Be it further enacted , That section four of the above-recited Act be amended by adding to the end of said section the following words, to-wit: which certificate shall be filed in the office of said Ordinary, and delivered by him to the next Grand Jury of the county for inspection, so that said section when amended will read as follows: 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, which certificate shall be filed in the office of said Ordinary, and delivered by him to the next Grand Jury of the county for inspection. Disposition of certificate, etc. Sec. IV. Be it further enacted , That any person who shall violate any provision of this Act, or the Act to which this Act is amendatory, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. 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 October 13, 1885.

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LOCAL OPTION ACT FOR TOWNS OF CALHOUN AND RESACA. No. 383. An Act to submit to the qualified voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous or malt, vinous and intoxicating liquors shall be sold within the corporate limits of said towns in any quantity whatever, 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 , Upon the petition to the Ordinary of Gordon county by one-fifth of the qualified voters of the town of Calhoun for said town, and by one-fifth of the qualified voters of the town of Resaca for said town, it shall be the duty of the Ordinary to order an election to be held in said town after giving twenty days' notice thereof. If held in the town of Calhoun, by posting advertisement of the same at the court house door and by publication of said advertisement in the Calhoun Times , weekly, for two weeks prior to holding said election, and if in the town of Resaca, by giving twenty days' notice thereof by posting advertisement of the same at the door whereat the constable's sales for the 980 district, G. M., are advertised, and by publication in the Calhoun Times , weekly, for two weeks prior to holding said election, at which election shall be submitted to the qualified voters of such town or towns, respectively, the question as to whether any spirituous or malt, vinous and intoxicating liquors shall be sold within the corporate limits of said town or towns. Election for town of Calhoun. Petition. Notice of election. For Resaca. Sec. II. Be it further enacted , That each voter at said election or elections to be held in said town or towns, respectively, shall have written or printed on his ballot the words, For Prohibition, or the words, Against Prohibition. Ballots. Sec. III. Be it further enacted , That no person or persons who have not been bona fide residents of said town or towns for six months next preceding said election or elections, and who are otherwise qualified to vote under the constitution and laws of this State, shall be allowed to vote at such election or elections, and the manner of conducting them shall be the same as for members of the General Assembly, except that the returns thereof shall be made to the Ordinary of said county, who shall examine the same and declare the result by publishing the same one time in the Calhoun Times , a newspaper published in said county. Qualification of voters. Regulations for election. Declaration of result. Sec. IV. Be it further enacted , That should a majority of the votes cast at such election or elections have upon them the words, For Prohibition, then and in that event the provisions of this Act shall go into effect thirty days after said election, and on and after the lapse of thirty days from said election or elections, it shall not be

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lawful for any person or persons to sell, directly or indirectly, any spirituous, vinous, malt or intoxicating liquors in any quantity in said town or towns of Calhoun or Resaca, in which such election or elections may be held respectively; Provided , that nothing in this Act shall be so construed as to prevent any person from selling wine for sacramental purposes or domestic wines and cider made by them in said county. Effect of election. Proviso. Sec. V. Be it further enacted , That nothing in this Act shall be so construed as to prevent those who are already selling intoxicating liquors of any kind under license from continuing to do so until the expiration of said license. Vested rights preserved. 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 October 13, 1885. PROHIBITING SALE, ETC., OF LIQUORS IN VICINITY OF METHODIST CHURCH AT BARNETT. No. 456. An Act to prevent the sale of intoxicating, spirituous or malt liqors, wines, beers or cider within three miles of the Methodist Church at Barnett, Warren county, Georgia. 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, spirituous or malt liquors, wines, beer or cider within three miles of the Methodist Church at Barnett, Warren county, Georgia, 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, etc., of liquor prohibited. 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 October 20, 1885.

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TITLE VI. ROADS AND BRIDGES. ACTS. Public road system of Cobb, Catoosa and Pulaski counties. Public road system of Monroe and Houston counties. Establishing public road system for Whitfield county. Amending road law of Chattooga county. Amending road law of Floyd county. Amending road law of Catoosa county. Amending road law of Chattooga county. Amending road law of Coweta county. Amending road law of Catoosa county. Amending road law of Bibb county. Authorizing Laurens county to bridge Oconee river. Public road system for Bryan county. Amending road law of Walker county. PUBLIC ROAD SYSTEM OF COBB, CATOOSA AND PULASKI COUNTIES. No. 4. An Act to repeal an Act entitled 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, so far as the same relates to the counties of Cobb, Catoosa and Pulaski, said Act to be repealed, approved September 28, 1883. 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 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, said Act approved September 28, 1883, in Georgia Laws of 1882 and 1883, be,

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and the same is hereby repealed so far as the said Act affects and relates to the counties of Cobb, Catoosa and Pulaski. Act of Sept. 28, 1883, as to road working rep aled as to Cobb. Catoosa Pulaski counties. 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 6, 1884. PUBLIC ROAD SYSTEM OF MONROE AND HOUSTON COUNTIES. No. 18. An Act to repeal an Act entitled an Act to alter and amend the road laws of this State so far as the same relate to the counties of Houston and Monroe; to provide for the more effectual working of the public roads in said counties; to authorize the employment of convict labor on the same, and to authorize the boards of commissioners of roads and revenue in said counties; to provide the ways and means to carry into effect more effectually the provisions of this Act, and for other purposes, approved February 26, 1877, and an Act amendatory thereto entitled an Act to amend an Act entitled 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, approved September 15, 1883, in so far as said Acts relate to and affect the county of Houston. 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 Acts described in the above title be, and the same are hereby repealed so far as they relate to the county of Houston. Acts 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 18, 1884. ESTABLISHING PUBLIC ROAD SYSTEM FOR WHITFIELD COUNTY. No. 30. An Act to establish a public road system for the county of Whitfield; to provide for maintaining the same by taxation, 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

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the duty of the Ordinary of the county of Whitfield, in said State, immediately after the passage of this Act, to appoint three commissioners of public roads in each militia district in said county, whose duties, powers, liabilities and immunities shall be the same in all respects as now prescribed by law, except as the same may be modified or changed by this Act. Commissioners of roads. Sec. II. Be it further enacted , That the Ordinary shall appoint said commissioners for the term of four years, excepting those first appointed, one-half of whom shall be appointed for four years and the other half for two years, but all future appointments shall be for the term of four years. Term of office. Sec. III. Be it further enacted , That said commissioners shall meet at the court house in Dalton, in said county, on the first Saturdays in January, April, July and October, for the transaction of such business as may come before them. Their meetings. Sec. IV. Be it further enacted , That the Ordinary (in conjunction with the commissioners of roads and revenues of said county) be, and he is hereby authorized and required to assess and levy an ad valorem tax upon all the property in said county subject to taxation, not to exceed fifty per cent. of the State tax, the amount of such tax to be in their discretion, and such as they or a majority of them may think necessary for keeping the public roads in good condition, said assessment and levy to be made so soon as the books of the Tax Receiver of said county are made up, in each and every year, beginning in 1885, immediately after the tax rate for the State is ascertained. Road tax. Amount. Time of assessment and levy. Sec. V. Be it further enacted , That it shall be the duty of the Tax Collector of said county to collect the tax so assessed and levied by the Ordinary and commissioners of roads and revenues in the same manner and at the same time as now provided by law for the collection of the county tax, and when so collected he shall pay over the same to the County Treasurer, which fund shall be kept by said Treasurer as the road fund, and which shall be paid out by him only upon orders drawn by the road commissioners of each district, as hereinafter provided, and said Tax Collector shall have the same fees for collecting said tax as for collecting the county tax, and said Tax Collector, and his sureties upon his bond for the faithful discharge of his duties in accounting for the county taxes, shall be liable in the same manner for the proper accounting for said road fund. Collection of tax. Disposal of fund. Fees of Tax Collector, etc. Sec. VI. Be it further enacted , That it shall be the duty of the road commissioners in each district to apportion the hands liable to road duty and the roads to be worked between the overseers (whom they are hereby authorized as now provided by the general road law of this State to appoint) as equally as can be done, and the duties of said overseer shall be the same as now prescribed by the general road law of this State, except as changed by this Act, and they shall be subject to the same pains and penalties as now prescribed by the general road law of this State. Apportionment of hands and roads. Overseer. Duties of, etc.

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Sec. VII. Be it further enacted , That it shall be the duty of the road commissioners of the several districts to ascertain the name of every person in their respective districts subject to road duty, and keep lists of them in books to be furnished by the Ordinary, at the public expense, and to make out lists and furnish them to the overseers of the roads, and also to require every road overseer in their districts to account to them for the work or commutation tax, as hereinafter provided, of every such person so subject to road duty. Lists of persons subject to road duty. Accounting for work or tax. Sec. VIII. Be it further enacted , That every person subject to road duty under the general road law of this State, in said county, shall be required to work four days in the year upon the public roads in his district under the direction of the road overseers, as now provided by law and at such times as may be ordered by the overseers under the direction of the road commissioners; or in lieu of said four days' work, every person so preferring may, as a commutation tax, pay over to the road commissioners in his district two dollars, and upon the payment of such sum said commissioners shall give such person a receipt, which shall operate as a further exemption from road duty for that year, and said commissioners shall pay over said commutation tax as fast as paid to the County Treasurer, taking his receipt for the same. Work on roads. Commutation tax. Sec. IX. Be it further enacted , That the Ordinary and commissioners of roads and revenues shall apportion the amount of money raised by the road tax to each district as the necessity may require, and to notify the road commissioners in each district, in writing, what sum will be allowed them to expend in their districts. Apportionment of money from road tax. Sec. X. Be it further enacted , That the road overseers, whenever required by the road commissioners in their districts, shall employ hands to work the roads in their districts at such wages as may be allowed by said road commissioners, and to employ as many hands as may be ordered by said commissioners, and the accounts for the labor of the hands aforesaid shall be made out by such overseers and handed to the employees, who shall carry them to the road commissioners of the districts in which such labor was performed, and said commissioners shall draw orders upon the County Treasurer for the payment of the same out of the road fund, and such orders shall be vouchers for the Treasurer. Employment of hands to work. Payment of. Sec. XI. Be it further enacted , That the road commissioners shall require the overseers to employ hands to work the roads so soon as said commissioners can ascertain that there are any road funds in the County Treasurer's hands raised either by the commutation tax (which commutation tax must be paid by any person subject to road duty within two days after receiving a summons to work, and not after) or property tax. When hands mus be employed. Payment of commutation tax. Sec. XII. Be it further enacted , That said road overseers shall, in addition to the exemptions now allowed them by law, have each one dollar per day for their actual services, and their accounts to be approved by the road commissioners, who shall draw warrants upon the County Treasurer for the payment of the same. Pay of overseers

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Sec. XIII. Be it further enacted , That the road commissioners shall, as compensation for their services, be allowed the same exemptions as are now allowed under the general road law of this State. Pay of road commissioners. Sec. XIV. Be it further enacted , That the County Treasurer and his sureties upon his bond as such Treasurer shall be liable for the proper accounting for said road fund, and said Treasurer's fees for receiving and paying out such fund shall be the same as now allowed him by law for receiving and paying out other county funds. Accounting for road funds. Fees of Treasurer. Sec. XV. Be it further enacted , That any person residing in any district in said county thirty days shall be subject to said road duty and the provisions of this Act. Who are subject to road duty. Sec. XVI. Be it further enacted , That any person subject to road duty as provided by this Act, and who shall fail or refuse to comply with its provisions, shall be subject to all the pains and penalties as are now prescribed by the general road laws of this State for the punishment of road defaulters, and such powers for the punishment of offenders are hereby vested in the road commissioners of each district, under this Act, as are given to the road commissioners under the general road laws of the State. Failure to comply with this law. Punishment of offenders. Sec. XVII. Be it further enacted , That the provisions of this Act shall not apply to any incorporated town or city in said county where the charter of said town or city already provides for a commutation tax in lieu of work upon the public roads and streets; Provided , that all the property in said town or city shall be subject to the ad valorem tax as aforesaid, when assessed and levied as aforesaid, for the purpose of keeping up the roads in said county. This Act not to apply to incorporated town or city, when. Sec. XVIII. Be it further enacted , That all laws in conflict with this Act be, and are hereby repealed. Approved December 18, 1884. AMENDING ROAD LAW OF CHATTOOGA COUNTY. No. 48. An Act to amend an Act entitled an Act to alter and amend the road laws of this State so far as relate to the county of Chattooga, and for other purposes, approved September 26, 1883 Section I. Be it enacted by the General Assembly of the State of Georgia , That the second and third lines of section 1 of said Act be stricken out, so that said section shall read that it shall be the duty of the first Grand Jury assembled after the passage of this Act to elect by ballot, a supervisor of public roads for said county, whose rights, powers, duties and liabilities shall be the same in all respects as are now by law prescribed for road commissioners, except so far as the same may be modified by the provisions of this Act. Supervisor of public roads to be elected. His powers, duties, etc.

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Sec. II. Be it further enacted , That section 2 of said Act be amended by striking therefrom the word commissioners, and insert in lieu thereof the word supervisor, so that said section shall read that said supervisor shall be, and is hereby authorized and required, as soon after his appointment as practicable, to lay off the roads in said county in sections of one or more miles each as he 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 responsible bidder, after thirty days, publication in the county gazette and written notice posted in three public places in said district, and it shall be the duty of said supervisor to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract. Supervisor to apportion the roads, etc. Sec. III. Be it further enacted , That section 3 of said Act be amended by substituting the word supervisor for Ordinary in the 8th line and striking out the last line of said section, so that said section shall read 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 named in such 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 supervisor only when the work agreed upon has been faithfully done according to the terms of their respecctive contracts. Payment for road work. Sec. IV. Be it further enacted , That section 4 be amended by substituting the word supervisor for commissioners in second line of said section, so that it shall read that whenever it shall be made to appear to the Ordinary upon report of the supervisor that the conditions of the bond required to be given in pursuance of the 3rd 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 so recovered shall be set apart and appropriated as road fund. Violation of bond for road working. 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, etc., of contractors. Sec. VI Be it further enacted , That section 6 be stricken out and the following be substituted therefor: That the office of county supervisor is hereby established, whose duties shall be as are prescribed in the various sections of this Act, and such officer shall give bond to the Ordinary with good security for the faithful performance of all the duties devolved on him by this Act in a sum double the amount of the entire capitation and ad valorem road tax, which bond shall be recoverable by the Ordinary for the use of the county before any court of competent jurisdiction in this State, and said supervisor shall receive for his services such salary as the Grand

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Jury may recommend at the March term of the Superior Court after the passage of this Act, and each succeeding year said Grand Jury shall fix the compensation of said road supervisor at the March term of the court. Office of supervisor created. Duties. Bond. Salary. Sec. VII. Be it further enacted , That the Ordinary of said county be, and 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 State, the payment of which shall operate as an exemption from road duty for and during the year of which said tax may be levied, and shall also levy and collect a tax upon the taxable property of said county, of not more than twenty-five per cent. on the amount of the State tax in said county, to be collected as other county tax and paid by the collector to the supervisor, taking his receipt therefor. Capitation tax. Property road tax. Sec. VIII. Be it further enacted , That section 8 (eight) bestrick en out and the following be substituted therefor: That it shall be the duty of the supervisor to ascertain the name of each and every person in the county who may be subject to road duty, and said supervisor shall collect the capitation tax levied in pursuance of this Act at such times as the Ordinary may direct, and retain and keep it with the ad valorem tax received from the Tax Collector as a road fund, the same to be expended only in paying road contracts and the compensation allowed by this Act to the supervisor, which compensation shall be retained by the supervisor upon an order drawn by the Ordinary on said road fund. Collection of capitation tax. Road fund its disposition. Sec. IX. Be it further enacted , That any person or persons subject to road duty, who shall elect to work the road in person or by proxy (the contractor having the power 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 directions of the contractor for the same time, whose receipt for such good labor shall be good against the capitation tax and shall be charged as cash against said contractor; Provided , such receipt shall specify the number of days worked, and any person failing or refusing to pay the commutation tax, either in money or labor receipts, shall be reported by the supervisor to the Justice of the Peace of the district, who shall proceed against said defaulter under the laws now of force in this State against road defaulters, and said defaulter's wages shall be subject to garnishment by the supervisor, whose duty it shall be to proceed by execution, garnishment or attachment for contempt as now provided by law. Work in person or by proxy. Road defaulter. Sec. X. Be it further enacted , That section ten (10) of said Act be stricken out and the following be substituted therefor: That each contractor shall give those hands assigned him by the supervisor ten days' notice previous to the road working, and each hand shall, upon the receipt of such notice, then notify the contractor of his election to work or pay, which election shall not be revocable during that year. Notice to hands of road working. Election by hands.

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Sec. XI. Be it further enacted , That section (11) eleven of said Act be stricken out and the following be substituted therefor: That new roads may be established or old roads changed or discontinued upon petition to the Ordinary according to the law now of force in this State, except that the supervisor shall discharge the duties now by law devolved on road commissioners, and shall receive for such service by order on the road fund, drawn by the Ordinary, an amount not exceeding two dollars per day. Establishment or alteration of roads. Sec. XII. Be it further enacted , That section (12) twelve of said Act be stricken out and the following inserted in lieu thereof: That the provisions of this Act in reference to working roads or paying capitation tax shall not extend to the road hands living within the limits of any incorporated town of said county, nor shall the ad va lorem tax be expended npon roads within such incorporated towns. Hands living in incorporated towns. Roads in incorporated towns. Sec. XIII. Be it further enacted , That section 13 of said Act be substituted by the following: That the supervisor shall at the expiration of each year submit to the Ordinary a report of the condition of the roads and a full financial statement in writing of his transactions, exhibiting his vouchers therefor, which report the Ordinary shall transmit to the first Grand Jury thereafter assembled. Report of Supervisor. Sec. XIV. Be it further enacted , That section 14 of said Act be substituted by the following: That the road year for 1885 shall commence on March 1 and close December 31, and thereafter the road year and calendar year shall be coincident. Road year fixed. Sec. XV. Be it further enacted , That said Act shall be further amended by adding the following section: That if said supervisor shall fail to receive bids on any of the roads or districts in said county, or upon rejecting any bids and failing to make a contract therefor, it shall be the duty of said supervisor to have said roads worked out and kept in repair according to the laws of this State until the same can be let out according to the provisions of this Act. Working on failure to get bids. 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 December 22, 1884. AMENDING ROAD LAW OF FLOYD COUNTY. No. 86. An Act to amend an Act to amend the road laws of this State so far as relates to the county of Floyd, and to authorize the board of commissioners of roads and revenue of said county to levy and collect a tax for road purposes, approved September 28, 1883. 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 said Act shall be so amended as to read as follows: That

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it shall be the duty of the board of commissioners of roads and revenue of Floyd county, on the first Monday in February after the passage of this Act, and annually thereafter, and as often as a vacancy may occur, to appoint three commissioners of public roads in said county, whose rights, powers, duties, liabilities and immunities shall be the same in all respects as are now prescribed by law for the road commissioners in each district in said county, except so far as the same may be modified or allowed by the provisions of this Act. Commissioners of public roads. General powers duties. Sec. II. Be it further enacted , That road commissioners shall be, and they are hereby authorized and required, by the first Monday in April of each year, to lay off the roads in the respective districts in sections of three, five or more miles each, as they or a majority of them shall deem most appropriate, the making 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 at the court house door of the county or district court ground of the district in which the road to be let is situated, to the lowest bidder, after twenty days' public notice of the same, which notice shall be given within twenty days after the first Monday in April, and be by posting at the place of holding Justice Court in the district in which the roads to be let are situated, at the court-house door of the county and by three insertions in the public gazette in which 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 contract and the bond for the faithful performance of the same, when made, shall be approved by the board of commissioners of roads and revenue of said county before the contractor goes to work under the same. The said road commissioners shall have power to reject any and all bids upon the work to be let and re-advertise the same when necessary. The said board of commissioners of roads and revenue shall also have power to reject all contracts they may deem excessive, and order a re-advertisement as often as may be necessary. Whenever any section or sections of road have failed to be let out after a second advertisement, the road commissioners, under authority of the board of commissioners of roads and revenue, shall have power to employ an overseer or overseers for such sections as are not let out, which overseer shall bear the same relation to the road and the hands assigned thereto as a contractor under this Act would bear. The said overseer shall, under the direction of the road commissioners, have power to employ hands and teams and purchase such materials for the working and repair of the road as may be necessary. Apportionment of roads. Keeping, etc., let to lowest bidder. How let Specifications. Contract bond. Rejection of bids contracts. Failure to let. Overseer. 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

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to be paid to him or them under said contracts, which bonds shall be made payable to the board of commissioners of roads and revenue of said said county, and conditional 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 board of commissioners of roads and revenue in such installments as may be agreed upon when the terms of their respective contracts have been complied with and the same has been certified by the road commissioners or a majority of them; Provided , that at least one-third of the yearly amount shall be retained until the expiration of the year for which the contract is made. Bond of contractor. Payment for work. Sec. IV. Be it further enacted , That whenever a contractor fails to put and keep his road in the condition required by his contract, the road commissioners, under authority of the board of commissioners of roads and revenue, after giving the contractor, if then within the county, ten days' notice of such failure, shall have power to employ an overseer and hands, or contract for the work necessary to be done to have the original contract complied with, and the cost of such work, including the time of the road commissioners, may be withheld from the contractor on any amount that may be unpaid, or recovered by suit on his bond, and the said amount so retained or recovered shall be set apart as a road fund. Default of contractor. Sec. V. Be it further enacted , That the person or persons with whom such contracts may be made shall enjoy all the rights, priveleges 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. It shall also be their duty, after each road working, to report to the board of commissioners of roads and revenue the names of all hands who have worked under them and the time worked, and each hand shall be liable and have the privilege of paying the pro rata of the commutation tax such number of the days fixed as he does not work, and upon failure to pay the same be liable to all the penalties prescribed in sections IX and X of this Act. Powers, etc. of contractor. Reports. Commutation tax. Sec. VI. Be it further enacted , That the board of commissioners of roads and revenue 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 on. Distribution of misdemeanor convicts. Sec. VII. Be it further enacted , That said board of commissioners of roads and revenue 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 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 incorporated cities or towns within said county. Road tax. Proviso.

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Sec. VIII. Be it further enacted , That it shall be the duty of the Justices of the Peace of the several districts of said county by the first of May, 1885, and annually thereafter, to ascertain and report to the Tax Collector of said county the names of each and every male person in their respective districts between the age [Illegible Text] sixteen and fifty, except licensed ministers of the gospel in actual charge of one or more churches and all persons with only one arm or one leg, for which service they shall be entitled to be paid the sum of two cents for each person so reported. The said named exceptions shall be the only persons exempt from road duty. 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 revenue may direct, and shall report to 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 revenue. Reports by magistrates of those subject to road duty. Exception. Collection of tax. 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 said board of commissioners of roads and revenue, not to exceed ten days in the year on the roads in his district, under the direction of the contractor for the same, whose receipts for such good labor shall be good against the commutation tax, and be charged as cash against such contractor; Provided , that any person who fails to work when first summoned by the contractor shall be held to elect to pay the commutation tax, and any person failing or refusing to pay the commutation tax for road duty shall be subject to all the penalties provided by law for road defaulters, and his property be subject to levy and sale, and his wages to garnishment by the Tax Collector, whose duty it shall be to proceed by summary process, as provided by law. Working in lieu of tax. Proviso. Default in payment of tax. Sec. X. Be it further enacted , That the road commissioners of said county, at their sessions, which shall be at such times in each district as they may determine, 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, and summons to defaulters shall be served as now provided by law ten days before the time of trial. The said road commi-sioners, in addition to exemption from road duty, shall be paid the sum of two dollars per day each for each day of actual service. Punishment of defaulters. Service of summons. Compensation of commissioners.

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Sec. XI. Be it further enacted , That this Act shall take effect immediately, but upon a petition of fifty of the qualified voters of said county, the board of commissioners of roads and revenue are hereby authorized and required to order an election, which shall be held on the first Tuesday in February, 1886, in said county, to determine whether said Act and amendments shall remain in force after said date. Those voting in favor of said Act and amendments remaining in force shall vote for New Road Law. Those voting against the same shall vote Against New Road Law. The said petition shall be filed with said board by the first Monday in January, 1886, and upon the same being so filed it shall be the duty of said board to order an election, and give notice of the same by publication in the public gazette of the city of Rome at least twenty days before said election. When Act shall take effect. Election to be ordered. Ballots. Notice. 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 December 24, 1884. AMENDING ROAD LAW OF CATOOSA COUNTY. No. 104. An Act to alter and amend the road laws of this State so far as relates to Catoosa county, and to authorize the board of commissioners of roads and revenues (and if no such board, then the Ordinary) of said county to levy and collect a tax for the purposes of working the roads, and the manner of distributing the same, and to submit the question of taxation to the legal voters of said 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 it shall be the duty of the board of commissioners of roads and revenues of Catoosa county to appoint their commissioners of the public roads in each militia district in said county to serve for two years and until their successors are appointed, 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 are modified or altered by this Act. Commissioners of roads. Terms. General powers and duties. Sec. II. Be it further enacted , That said board of commissioners of roads and revenues, in conjunction with the road commissioners of each district (so far as relates to the public roads of the district in which said district commissioners reside) shall be, and they are hereby authorized and required, as soon as practicable after this Act becomes the law, to lay off the roads in the respective districts of said county in sections of one to three miles or more each, as they or a majority of them shall deem most practicable and appropriate, the

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working and keeping in repair of which, according to the contracts as hereinafter provided, for the term of one or more years, shall be let to the lowest bidder after thirty days' notice of letting the same shall have been given in the newspaper in which the county advertisements are usually published, or by posting notice at the courthouse door and in three public places in the district where such roads to be let are located; and it shall be the duty of the district commissioners of each district, in conjunction with the board of commissioners of roads and revenues, or a majority of the two, to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract. Apportionment of roads. Letting of work on. 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 and good security, to be approved by the Ordinary, in a sum double the amount of the contract price agreed upon, which bond shall be made payable to the Ordinary of the county, conditioned for the faithful performance of the contract according to the terms thereof, and the money for work done by such contracts is to be paid out of the road fund as hereinafter provided for, upon the order of the board of roads and revenues of said county, when the work has been faithfully performed, and the same is certified by the district commissioners or a majority of them. Bond of contractors. Payment for work. Sec IV. Be it further enacted , That it shall be the duty of the Ordinary, upon notice from the district commissioners, or upon his own knowledge, that the conditions of any contractor's bond have been violated, to cause suit to be instituted thereon in any court having jurisdiction of the same, and the amount collected in such case shall constitute a part of the road fund of the county. Default by contractor. Sec. V. Be it further enacted , That the person or persons with whom such road 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 as to overseers of public roads, except so far as the same are effected by this Act. Powers of contractors. Sec. VI. Be it further enacted , That the commissioners of roads and revenues of said county shall have power to pledge to any road contractor the labor of any person who may be convicted of a misdemeanor and sentenced to work upon the public roads in the chaingang; Provided , such contractor shall make suitable and satisfactory provisions for the safe-keeping of such county convicts. Disposition of misdemeanor convicts. Proviso. Sec. VII. Be it further enacted , That the board of commissioners of roads and revenues of said county be, and they are hereby authorized and required to levy a capitation tax, which shall be in commutation of work on the public roads of said county, of three dollars upon each and every male inhabitant of said county between the ages of twenty-one and fifty years, who is not physically disabled, 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 an ad valorem tax upon the taxable property of said county, not to exceed fifteen cents in the hundred dollars,

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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 shall fail or refuse to pay the same. Road tax. Ad valorem. tax. Sec. VIII. Be it further enacted , That it shall be the duty of the road commissioners of each district in said county to make out and furnish to the Tax Collector of said county a list of the names of all persons in the respective districts subject to road duty under this Act, as soon as practicable after their appointment, and it shall be the duty of the Tax Collector to collect the tax which may be levied under this Act at such time as the board of commissioners of roads and revenues of said county may order the same, ten days' notice of the time and place of collecting the same being first given in each district. The Tax Collector shall pay over the tax so collected to the County Treasurer, taking his receipt therefor, who shall keep such sums so collected separate for a road fund, to be paid out upon the order of the board of commissioners of roads and revenues only, as provided in section III of this Act. List of those subject to road duty. Collection of tax. Sec. IX. Be it further enacted , That any person or persons subject to road duty under this Act, 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 faithfully work four days (eight hours each) in the year on the public road in his district under the direction of the contractor for the same, whose receipt for the faithful work for the period of four days shall be good against the capitation tax and be charged against the contractor as cash received upon his contract, and any person failing to pay commutation, or to work in lieu thereof as aforesaid, shall be subject to all the pains and penalties already prescribed by law, and his wages shall be 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. Working in lieu of tax. Default of those subject to road duty. 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 and receipts for labor as is allowed by law for the collection of State taxes. Compensation of Tax Collector. Sec. XI. Be it further enacted , That the district commissioners of roads are eligible to re-appointment, and any person subject to road tax under this Act may hold and exercise the functions of said office, and all district commissioners who may hold the office under this Act are and shall be subject to all the pains and penalties of the road laws of this State as now provided for neglect of duty. District commissioners. Sec. XII. Be it further enacted , That the board of commissioners of roads and revenues and all the district commissioners shall meet at the court-house on the first Saturdays in January, April, July and October of each year for the transaction of the general business on the subject of roads for the county, and may adjourn from day to day, and special meetings of this body may be called by the county board when any emergency may arise for the same upon

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written notice being given the district commissioners of the time of such special meeting. Meetings of commissioners. Sec. XIII. Be it further enacted , That the provisions of this Act shall not apply to the incorporated towns of Ringgold and Graysville, in said county, except that the ad valorem tax in said towns, as in other portions of the county, shall be a part of the road fund of the county to be expended outside the limits of said corporation. Ringgold and Graysville excepted. Sec. XIV. Be it further enacted , That any person residing for ten days in any district in said county shall be subject to road duty in said district; Provided , such person has not performed road duty elsewhere for that year. Domicil. Sec. XV. Be it further enacted , That it shall be the duty of the Ordinary of said county within sixty days from the passage of this Act to order an election to be held at the several precincts in said county, at which all the voters of said county who are entitled to vote for members of the General Assembly shall be entitled to vote, submitting to such qualified electors the question of taxation to work the roads as set out in this bill, and all persons voting in favor of taxation shall have written or printed on their ballots, For Taxation, and all who oppose the same shall have written or printed on their ballots, Against Taxation; the returns of said several precinct elections shall be made on the following day to the Clerk of the Superior Court, who, upon consolidating the same if a majority of the said votes are cast for such taxation, then said Clerk shall declare the same by publication in the county newspaper, and this Act shall be the law of force; otherwise, the old road law shall be of force in said county, notwithstaanding the passage of this bill. Election to be held. Qualification of voters. Ballots. Returns. Declaration of result. Sec. XVI. Be it further enacted , That all laws and parts of laws contrary to this Act be, and the same are hereby repealed. Approved December 24, 1884. AMENDING ROAD LAW OF CHATTOOGA COUNTY. No. 140. An Act to amend an Act to amend an Act entitled an Act to alter and amend the road laws of this State so far as relate to the county of Chattooga, and for other purposes, approved September 26th, 1883. Section I. Be it enacted by the General Assembly of Georgia , That the above-recited Act to amend an Act to amend the road laws of this State, so far as they relate to the county of Chattooga, be amended by adding the following words to the end of the first section of the said Act, to-wit: Vacancies for an unexpired term shall be filled by appointment of the Ordinary, so that said section shall read when

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amended as follows: Be it enacted by the General Assembly of Georgia , That the second and third lines of section 1st of said Act be stricken out, so that said section shall read, That it shall be the duty of the first Grand Jury assembled after the passage of this Act to elect by ballot a supervisor of public roads for said county, whose rights, powers, duties and liabilities shall be the same in all respects as are now by law prescribed for road commissioners, except so far as the same may be modified by the provisions of this Act. Vacancies for an unexpired term shall be filled by appointment of the Ordinary. Vacancies in office of supervisor. Sec. II. Be it further enacted by the authority aforesaid , That the second section of the above-recited Act be amended by striking therefrom the words, or more, so that said section when amended shall read as follows: Be it further enacted , That section second of said Act be amended by striking therefrom the word commissioners, and inserting in lieu thereof the word supervisor, so that said section shall read, That said supervisor shall be, and is hereby authorized and required, as soon after his appointment as practicable, to lay off the roads in said county in sections of one mile or more, as he shall deem most appropriate, the working and keeping in repairs 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 responsible bidder after thirty days' publication in the county gazette, and written notice posted in three public places in said district, and it shall be the duty of said supervisor to make out specifications in writing of the work to be done, which specifications shall be the basis of the contract. Appointment of roads, etc. Sec. III. Be it enacted by the authority aforesaid , That the sixth section of said Act be amended by striking therefrom the words, and each succeeding year the said Grand Jury shall fix the compensation of said road supervisor at the March term of the Superior Court, at the end of said section, and insert in lieu thereof the following, to-wit: and thereafter the Grand Jury, at the September term of the Superior Court, shall fix the salary of the supervisor for the year beginning January first following, and at the same term elect by ballot a supervisor for said following year, who shall give bond to the Ordinary, as required in section 6th of this Act, before the Grand Jury adjourns. The Ordinary shall not accept the resignation of said supervisor except for providential disabilities to discharge the duties of the office, or for removal from the county, so that said section when amended shall read as follows: Be it further enacted , That section six be stricken out and the following be substituted therefor: That the office of county supervisor is hereby established, whose duties shall be as are prescribed in the various sections of this Act, and such officer shall give bond to the Ordinary, with good security for the faithful performance of all the duties devolved on him by this Act, in a sum double the amount of the entire capitation and ad valorem road tax, which bond shall be recoverable by the Ordinary, for the use of the county, before any court of competent jurisdiction in this State, and said supervisor shall receive for his services such salary as the Grand Jury may

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recommend at the March term of the Superior Court after the passage of this Act, and thereafter the Grand Jury at the September term of the Superior Court shall fix the salary of the supervisor for the year beginning January 1st following, and at the same term elect by ballot a supervisor for said following year, who shall give bond to the Ordinary, as required in section 6 of this Act, before the Grand Jury adjourns. The Ordinary shall not accept the resignation of said supervisor except for providential disabilities to discharge the duties of the office, or for removal from the county. Salary of Supervisor, etc. Election. Bond. Resignation. Sec. IV. Be it further enacted by the authority aforesaid , That section 8 of the above-recited Act be amended by striking therefrom the words, at such time as the Ordinary may direct, so that said section shall read when amended as follows: Be it further enacted , That section 8 be stricken out and the following be substituted therefor: That it shall be duty of the supervisor to ascertain the name of each and every person in the county who may be subject to road duty, and said supervisor shall collect the capitation tax levied in pursuance of this Act, and retain and keep it with the ad valorem tax received from the Tax Collector as a road fund, the same to be expended only in paying road contracts and the compensation allowed by this Act to the supervisor, which compensation shall be retained by the supervisor upon an order drawn by the Ordinary on said road fund. Collection and expenditure of tax. Sec. V. Be it further enacted by the authority aforesaid , That section 10 of the above-recited Act be amended by striking therefrom the word ten, and inserting in lieu thereof the word two, and by adding at the end of said section the following, to-wit: and each contractor shall furnish to the supervisor, as soon as practicable after notifying the hands of the road working, a list of those hands who elect to pay the capitation tax, which tax shall be paid to the supervisor at such time and place as he shall give ten days' notice by posting at three public places that he will be in the district in which such road hand lives, so that said section shall read when amended as follows: Be it further enacted , That section 10 of said Act be stricken out and the following be substituted therefor: That each contractor shall give those hands assigned him by the supervisor two (2) days' notice previous to the road working, and each hand shall, upon the receipt of such notice, then notify the contractor of his election to work or pay, which election shall not be revocable during that year, and each contractor shall furnish to the supervisor, as soon as practicable after notifying the hands of the road working, a list of those hands who elect to pay the capitation tax, which tax shall be paid to the supervisor at such time and place as he shall give ten days' notice by posting at three public places that he will be in the district in which such road hand lives. Election to pay tax. Notice of road working. Sec. VI. Be it further enacted by the authority aforesaid , That section XI of the above-recited Act be amended by adding thereto the following: and contractors shall perform the duties formerly devolved on overseers in opening new roads or changing old roads, and the

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time taken in opening new roads or changing old roads shall not be deducted from the four days' road time as required in section IX of this Act, and those hands who elect to pay the capitation tax shall pay fifty cents per day or proportionate parts thereof for such time as those who work are engaged in opening new roads or changing old roads, so that said section shall read when amended as follows: Be it further enacted , That section XI of said Act be stricken out and the following be substituted therefor: That new roads may be established or old roads changed or discontinued upon petition to the Ordinary according to the law now of force in this State, except that the supervisor shall discharge the duties now by law devolved on road commissioners, and shall receive for such services, by order on the road fund drawn by the Ordinary, an amount not exceeding two dollars per day, and contractors shall perform the duties formerly devolved on overseers in opening new roads or changing old roads, and the time taken in opening new roads or changing old roads shall not be deducted from the four days' road time as required in section IX of this Act, and those hands who elect to pay the capitation tax shall pay fifty cents per day, or proportionate parts thereof, for such time as those who work are engaged in opening new roads or changing old roads. Opening or changing roads. Sec. VII. Be it further enacted by the authority aforesaid , That all differences arising between the contractors and the supervisor in reference to compliances with contracts made between said supervisor and said contractor shall be submitted to an arbitration as follows: The contractor to select an arbitrator and the supervisor another, in the district where said road lies, and if these two cannot agree, then said arbitration shall select an umpire, whose decision shall be final, and the Ordinary shall accept it as such; Provided, however , that no contractor or road defaulter shall be competent as an arbitrator or umpire in such cases. Arbitration of differences between contractors and supervisor. Sec. VIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 4, 1885.

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AMENDING ROAD LAW OF COWETA COUNTY. No. 174. An Act to amend the road laws of this State, so far as they apply to Coweta county, so as to give the commissioners of roads and revenue of said county authority to rule the district road commissioners and persons having certain parts of roads assigned to them; to compel performance of duty; to define the width of public roads; to define what persons and property are subject to road duty, and to give said county commissioners authority to prescribe rules relative to the working of the roads. Section I. Be it enacted by the General Assembly of Georgia , That the commissioners of roads and revenue of Coweta county shall have authority (1) to supervise and control the district commissioners of said county, and persons to whom portions of public roads are apportioned. and to punish the same on summary rule for neglect of duty by fine not over $100 00 nor less than $10.00. (2) To remove defaulting road commissioners from office. (3) To prescribe rules and regulations for their own procedure when sitting as a court to enforce the powers conferred upon them by law. (4) To build bridges over ditches that have been cut across public roads, or to assist the owner of land in building same when, in the discretion of said commissioners of roads and revenue, the ends of justice and the public good require such action. (5) To procure copies of the road laws and of such rules and regulations as may from time to time be adopted by said commissioners in relation to working the roads and of their own procedure and furnish the same to the several district road commissioners. Authority of county commissioners. Sec. II. Be it further enacted by the authority aforesaid , That the road-beds of first-class public roads in said county of Coweta shall be eighteen feet, and of second-class public roads sixteen feet wide. Width of first class roads. Sec. III. Be it further enacted by the authority aforesaid , That all mules, horses, oxen, wagons, plows, and all farming tools on plantations in the several road districts of said county of Coweta shall be subject to road duty. The said commissioners of roads and revenue shall have power to prescribe rules and regulations to carry into effect the provisions of this section. Stock, wagons. tools, etc., subject to road duty. Sec. IV. The district road commissioners of the several road districts of said county of Coweta shall have authority to call out all property and road hands subject to road duty in their respective districts, in opening new roads, in altering old roads and in working roads or pieces of roads which may become suddenly impassable or be in such condition as to render it inequitable and unjust to require the property and persons assigned to such road to work the same alone. The commissioners of roads and revenue of said county of

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Coweta shall have authority to prescribe rules and regulations to carry into effect the provisions of this section. Powers of district road commissioners. Sec. V. Be it further enacted by the authority aforesaid , That the property declared subject to road duty in section III of this Act shall be subject without reference to the liability of the owner of the same to road duty, or without reference to the residence of the owner. Property subject though owner not. Sec. VI. Be it further enacted by the authority aforesaid . That the owners of property which is declared by this Act subject to road duty, or persons having the same in charge, who shall fail or refuse to furnish the same upon proper notice, under such rules and regulations as may be prescribed by the commissioners of roads and revenue of said county of Coweta shall be deemed and considered defaulters, and liable to the same fines and subject to the same punishment as is now by law provided for defaulters. Default in furnishing property. Sec. VII. Be it further enacted by the authority aforesaid , That all laws or parts of laws, whether general or special, in conflict with the provisions of this Act be, and the same are hereby repealed. Approved Sepember 12, 1885. AMENDING ROAD LAW OF CATOOSA COUNTY. No. 192. An Act to amend an Act entitled an Act to amend the road laws of this State so far as relate to the county of Catoosa, and to authorize the board of commissioners of roads and revenue (and if no such board, then the Ordinary) of said county, and levy and collect a tax for the purposes of working the roads and the manner of distributing the same, and submit the question of taxation to the legal voters of said county, approved December 24, 1884. 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-re-recited Act be, and the same is hereby amended by striking out all of said Act from section I to section XVI, inclusive, and that the following be enacted in lieu of said sections so stricken, so that said Act, when amended, will read as follows, to wit: That each male inhabitant of said county between the ages of twenty-one and fifty years, who are not physically or mentally disabled, shall be subject to road duty four days (full eight hours each) in each year, and no more; Provided , any such person may exempt himself from road duty after the present year by paying to the Tax Collector of said county, on or before the thirty-first day of March in each year, the sum of three dollars, for the collection of which it shall be the duty of the Tax Collector to attend one day in each militia district in said county, ten days' notice of the time and place of collecting the same first being given in each district by said Tax Collector. Act of Dec. 24th, 1884, amended. Who subject to road duty. Commutation tax. Collection of.

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Sec. II. Be it further enacted , That it shall be the duty of the board of commissioners of roads and revenues of said county to levy a tax of not less than ten nor more than fifteen cents on each one hundred dollars' worth of taxable property in said county for road working purposes, which tax, after the present year, shall be collected when and as the general tax is collected and paid to the Treasurer of said county, and the same, together with the commutation tax received, shall be applied to the improvement of the public roads of said county as hereinafter provided. The Tax Collector and Treasurer shall keep accounts showing the amount of road tax and commutation money collected from each militia district, which amount shall be kept separate from the other districts, and the Treasurer shall pay out the same only as hereinafter provided. Ad valorem road tax. Collection of. Accounting for. Sec. III. Be if further enacted , That it shall be the duty of the board of commissioners of roads and revenues of said county to appoint three discreet and proper persons in each militia district in said county, who shall apply the ad valorem tax and commutation money that may be realized from persons and property in their districts to the improvement of the public roads of their respective districts in such manner as may to them seem to be to the best interests of the people, and to this end they may employ overseers, draw warrants, regularly numbered, on the road fund of their respective districts, provided for as aforesaid in the hands of the County Treasurer, to pay such persons as may be entitled to receive the same for services as overseers and for materials, tools, wagons and teams, labor of road hands, or any other thing furnished under contract with said commissioners for the improvement of said roads, which contracts said commissioners are hereby authorized to make, and they are further authorized to enter upon any lands contiguous to said public roads and take such rocks, timber and other things necessary for the proper working of the roads upon paying the owner thereof just compensation for the same. Said commissioners are to exercise their best discretion in working the roads of their respective districts, except as otherwise provided by this Act. They shall not contract beyond ability to pay with the road funds raised for the year of the contract. They shall keep a book in which shall be legibly kept all their acts as such commissioners, including accounts by them allowed and expenditures made, for what road and to whom paid, together with copies of all warrants they may draw on the County Treasurer. It shall be the duty of the district commissioners aforesaid, as soon after the 31st day of March in each year as practicable, and for the present year as soon as they have notice of their appointment, to apportion the road hands of their respective districts upon the several roads thereof; to appoint overseers for said roads (such overseers to receive no compensation for four days' services) and cause the work for the time required of the road hands under the provisions of this Act to be done in the manner indicated by and subject to all the provisions of the general road law of this State,

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which is hereby declared of force, except as changed by this Act, but such commissioners, so far as possible, shall work the roads of their respective districts at such times as will least interfere with the agricultural pursuits of the people. District road commissioners. Powers and duties of. Sec. IV. Be it further enacted , That the provisions of this Act shall apply to the incorporated towns in said county, but the authorities of such incorporated towns shall have the exclusive right and power of enforcing the same within the corporate limits of said towns, to collect the taxes and commutation money for road purposes, and disburse the same upon the order of the proper authorities thereof and through the agency of their own officers. How Act shall apply to incorporated towns. Sec. V. Be it further enacted , That for any failure to perform any duty by this Act imposed, or for making any fraudulent disposition of the funds hereby provided. or for any of the commissioners to be interested, directly or indirectly, in any contract authorized to be made under this Act, the person so offending shall be guilty of a nisdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Default of district commissioners, etc. Penalty. Sec. VI. Be it further enacted , That the road commissioners of each district, who may have faithfully performed the duties imposed by this Act, may, in addition to being relieved from all other road duty during the years they may act as such, be paid from the county fund proper for each year's service, not exceeding ten dollars each, to be allowed or not in the discretion of the board of commissioners of roads and revenues of said county, on presentation of a report of their work for the time served by them. Compensation of district commissioners. Sec. VII. Be it further enacted , That before entering upon the discharge of their duties, the road commissioners of each district shall take and subscribe the following oath before the Ordinary of said county, to-wit: I do solemnly swear that I will faithfully perform all the duties required of me as district road commissioner to the best of my judgment and ability, and will impartially expend all moneys subject to my order for the improvement of the public roads of the district for which I am appointed in such manner as will, in my opinion, best promote the public welfare, and any one violating the provisions of this oath shall be guilty of the crime of false swearing and punished accordingly. Oath of. Penalty for its violation. Sec. VIII. Be it further enacted , That all overseers of public roads appointed under the provisions of this Act shall, before entering upon the discharge of their duties, take and subscribe the following oath, which may be administered by any one of the district road commissioners appointing or employing said overseer, to-wit: I do solemnly swear that I will diligently and faithfully perform all the duties required of me as overseer of the public road, and will require faithful and impartial service of all persons placed under my charge and oversight to perform road service; that I will not credit any such person, except for time actually and faithfully put in at work, and will report all such persons to the commissioners, who may fail, neglect or refuse to render faithful service for the time

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required of them by law, for which said defaulter shall be punished as now prescribed by law. Overseers of roads. Oath. Sec. IX. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved September 23, 1885. AMENDING ROAD LAW OF BIBB COUNTY. No. 204. An Act to repeal the second section of an Act entitled an Act to regulate and control certain convicts in the county of Bibb, approved February 27th, 1877, and for amending the road laws of said county, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That the second section of the above-recited Act, which reads as foilows: That it shall be the duty of the road commissioners of said county to work said convict force at least half their time upon the streets of said city of Macon, under the general direction of the mayor and council of said city, as to which streets or parts of streets shall be first worked, and in the working of said streets said road commissioners must and shall regard and maintain the width and grade of said streets, which shall have been and may hereafter be established by the mayor and council of said city of Macon, be, and the same is hereby repealed; Provided, however , that as compensation for the loss of the convicts to the city of Macon involved in this repeal of said Act, it shall be the duty of the board of county commissioners of Bibb county to pay to the mayor and council of the city of Macon the sum of twenty-five hundred dollars per annum, which sum shall be paid out of the taxes the said county board of commissioners are now authorized to levy for roads and bridges in said county; but said sum shall not be paid by said board to said mayor and council for any time when the number of said convicts shall be reduced below the number of ten. Provision for working county convicts on streets of Macon repealed. Compensation to city 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 October 3, 1885.

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AUTHORIZING COUNTY OF LAURENS TO BRIDGE OCONEE RIVER. No. 240. 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 of the same to a vote of the people of said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Ordinary of the county of Laurens shall make an assessment annually 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. Tax to build bridge Term of. How collected. Sec. II. Be it further enacted , That Dennis Kea, Martin L. Jones, R. H. Hightower, Joel T. Caudry, Berrien B. Linden and William R. Keen be, and they are hereby appointed and constituted a board of building 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. Board of building commissioners. Oath. Filling vacancies. 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 offices as often as they see proper to do so; and for the faithful performance of their 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 and Treasurer. Bond.

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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 of 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 the 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. Minutes. Accounts. Duties of clerk and treasurer. Penalty for embezzlement. Compensation. Payments with bonds. Book open for inspection. Sec. V. Be it further enacted , That the 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 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. Use of money raised from tax. 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, in Laurens county, 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 issue said bonds, or any of them, if they can do so. They shall begin work on said bridge whenever they deem a sufficient amount of funds have been raised to warrant it. It shall not be lawful for any of said commissioners or 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. Said bridge shall be forever free to all the citizens of Laurens county, and the amount so raised to build

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said bridge shall in no event exceed the sum of fifteen thousand dollars. The board of commissioners shall, at any time they may deem it necessary, cause their clerk and treasurer to give new bond or cause him to add new and solvent securities. Character of bridge. Where built. Plan, contracts, etc. Powers of commissioners. Sec. VII. Be it further enacted , That immediately upon the passage of this Act, the Ordinary of said Laurens county 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 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 the day after the election, at the court house, and 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 then be of force in said county, and the managers for bearing the returns of said election shall receive the same pay as is now provided by law in other cases. Election to be held. Notice of. Regulations for. Ballots. Returns. Declaration of result. 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 thereafter, as provided by this Act. Effect of election. Sec. IX. Be it further enacted , That all laws and parts of laws i conflict with this Act be, and the same are hereby repealed. Approved October 6, 1885. PUBLIC ROAD SYSTEM FOR BRYAN COUNTY. No. 273. An Act to provide a system for working the public roads in the county of Bryan; to appoint commissioners therefor; to define their powers and duties; to levy and collect a tax for road purposes, 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 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 three road

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commissioners for and in each militia district in the county of Bryan, any two of whom may act, and in case there is only one in a district, that one is vested with all the powers of the three until the vacancies are filled. District road commissioners. Sec. II. Be it further enacted by the authority aforesaid , That said commissioners shall be appointed or re-appointed by the Ordinary of said county of Bryan biennially, and whenever necessary to fill vacancies at any time, and those thus appointed are compelled to serve unless excused by such Ordinary, who shall receive for such excuse providential cause only; Provided , that those who have served for two years continuously shall have the right to resign a second appointment if made immediately after the two years' service. Appointment of. Vacancies. Service of. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That so soon as said commissioners are appointed, they shall be notified in writing within ten days thereafter by the said Ordinary, and if such appointees do not, within ten days after receiving said notice, file their excuse in writing under oath in such Ordinary's office, they shall be considered as having accepted. Such commissioners while in office shall be exempt from all jury, patrol, militia or other road duty. Notification of appointment. Exemption Sec. IV. Be it further enacted by the authority aforesaid , That it shall be the duty of said commissioners, within thirty days after receiving notice of their appointment, to appoint one or more persons in their respective district as overseers of the road, who shall act, or continue as such, during the term of the commissioners making said appointment, unless sooner removed, and such overseers shall be exempt from all other road duty other than the duties required of such overseers. Overseers of roads. Exemption from road duty. Sec. V. Be it further enacted by the authority aforesaid , That the Tax Collector of said county of Bryan shall each year collect from each and every tax-payer of said county of Bryan ten per cent. on the amount of taxes paid by such person or persons for State and county purposes for that year (not including poll, professional or specific taxes) and shall keep a separate account of said taxes so collected by militia districts, and shall have the same power and authority to enforce the payment or collection of said tax as is provided for by existing laws for the collection of State and county taxes, and said Tax Collector shall be subject to the same penalties and incur the same liabilities in the collection, accounting for and paying over to the proper custodian hereinafter named, said taxes as he is under present laws in reference to county taxes. Ad valorem road tax. Account of. Collection of. Sec. VI. Be it further enacted by the authority aforesaid , That said Tax Collector shall, on or before the first day of January in each year, pay over all such tax collected as aforesaid to the County Treasurer of said county, retaining same commissions for collecting such tax as are allowed him for collecting the county tax for that year. Payment over by Tax Collector.

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Sec. VII. Be it further enacted by the authority aforesaid , That in addition to the tax aforesaid, said Tax Collector shall each year receive and collect from each male inhabitant between the ages of sixteen and fifty years the sum of one dollar, to be known as commutation tax, paid in lieu of road working. Said collector shall give to each person paying said tax a receipt therefor, showing therein by whom paid and for what year and the milita district to which it belongs, and that it is for said commutation tax. Said Tax Collector shall keep a correct list containing the names of all persons paying said tax by militia districts so as to show who have paid said tax and to what district the same belongs. Commutation tax. Sec. VIII. Be it further enacted by the authority aforesaid , That said Tax Collector shall pay over all such commutation tax as he may have collected for each militia district, together with the property tax for each district hereinbefore required, on or before the first day of January of each year, to the County Treasurer of said county, retaining the same commissions for collecting said commutation tax as are allowed him herein for collecting property tax, and said collector shall be subject to the same pains and penalties as are incurred by him in the collection of other taxes, except that he shall have no power or authority to enforce the payment or collection of said commutation tax, but the payment to him of said tax is at the option of the persons hereinbefore described, and who are subject to road duty in said county to pay the same in lieu of road working, and all persons who elect to and do pay said commutation tax shall shall not be required to otherwise work upon the public roads in said county for the year next after the payment of said tax, but shall be, and are herein excused from road working for that year. Payment over of by Tax Collector. Commissions for. Election to pay commutation tax or work. Sec. IX. Be it further enacted by the authority aforesaid , That after the thirty first day of December of each year, the said Tax Collector shall in no case collect or receive from any person or persons said commutation tax for the year ending on that day. When commutation tax must be paid. Sec. X. Be it further enacted by the authority aforesaid , That immediately after the first day of January of each year, the said Tax Collector shall furnish to the commissioners of their respective districts a correct list containing the names of all persons who have paid said commutation tax in the several districts of said county, said lists to be made up by districts. List of tax payers. Sec. XI. Be it further enacted by the authority aforesaid , That the County Treasurer shall, on the receipt of the said taxes as aforesaid, keep four accounts, or one for each militia district, in a book to be kept by him for that purpose, in which he shall enter the respective amounts received by him for each district for each year as property tax, as well as amounts received for each district as commutation tax, and shall pay out the same as hereinafter provided, keeping in the same book an accurate account of all moneys so paid out, to whom paid and on account of what district; said Treasurer shall lay said book of accounts to be kept as aforesaid before the Grand Jury of each year at the fall term of the Superior Court of said county for their investigation,

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and said Treasurer shall be subject to the same liabilities on his bond for the faithful discharge of the duties herein required of him as he is in regard to his duties as County Treasurer; he shall receive out of said moneys such commissions as are allowed him for similar services as County Treasurer. Accounts to be kept by County Treasurer. To be laid before GrandJury. Penalties of treasurer. Commissions. Sec. XII. Be it further enacted by the authority aforesaid , That whenever said road commissioners deem proper and necessary that their roads, or any of them in their respective districts, be worked, they shall require their overseer or overseers in their districts to summons out all such persons subject to road duty who have not paid their commutation tax as hereinbefore provided, as appears by the list of persons paying as has been furnished them by the Tax Collector as hereinbefore required, for five days' road duty, and said commissioners shall see that said persons, who have not paid the commutation tax, and who are liable to road duty, do and perform full five days' labor in and upon the roads in their respective districts each year. Road working. Sec. XIII. Be it further enacted by the authority aforesaid , That said summons shall be in writing, and shall state time and place for working and what tools are required, and shall be served personally or by leaving it at the most notorious place of abode at least two days before time fixed for working. Summons. Service of. Sec. XIV. Be it further enacted by the authority aforesaid , That if any of said persons, subject to road duty as aforesaid, have been summoned as aforesaid, desire, they may pay to the County Treasurer the said one dollar commutation tax, who is hereby authorized to receive and receipt for the same, stating in said receipt from whom received, for what district and year, and shall enter all such amounts so received in said book of accounts to the credit of such district as the same may belong, and on presentation of said receipt for said tax for the year previous to the one in which said person has been summoned to work to the overseer in charge before or at the time fixed for working, said overseer shall excuse such person from working, and shall report the same to the commissioners of his district, giving the names of the persons so excused; Provided , that the provisions of this section shall only apply and be of force until the first day of January, 1887, unless the Grand Jury at the fall term, 1886, of the Superior Court of said Bryan county recommend that it remain and be of force. Payment of tax after summons. Proviso. Sec. XV. Be it further enacted by the authority aforesaid , That the moneys raised as aforesaid shall be applied in and towards the benefit of the roads in the respective militia districts as follows: The commissioners of each district, at such time or times as they may deem best expedient or necessary, employ labor or by contract let out to the lowest bidder said roads, or any part thereof, under such terms, stipulations and requirements as they may deem advisable; that on the completion of the labor, work or contract according to the terms thereof, and the same has been received or accepted by the commissioners, they shall draw their warrant on the said

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County Treasurer for the amount to be paid in favor of the persons doing said labor, work or contract, stating therein the nature of the work and the place or location where done; and the said Treasurer, on being presented said warrant, shall at once pay the same, if he has funds in hand with which to pay belonging to the militia district from which the warrant is drawn; he shall record said warrant and file the same after being cancelled in his office. Application of moneys raised. Power of district commissioners. Payment for work. Sec. XVI. Be it further enacted by the authority aforesaid , That the commissioners of their respective districts shall so hire labor or make contracts only when there are sufficient funds in the Treasurer's hands belonging to their respective districts to pay for the same. When labor may be hired or contracts made. Sec. XVII. Be it further enacted by the authority aforesaid , That said commissioners of each district may draw their warrants on the Treasurer for the payment of stationery, books, blanks, etc., as they may from time to time need for their use in the performance of their duties as commissioners in their respective districts, said warrant to contain an itemized account of all such purchases, and the said Treasurer is authorized to pay the same, making entry thereof in his said book of accounts to the district drawing said warrant. Payment for stationery, etc. Sec. XVIII. Be it further enacted by the authority aforesaid , That said commissioners in their several militia districts shall have all the powers and jurisdiction and be subject to the same penalties as contained in chapter seven (7) of the Code of 1882 from section 597 to 666, inclusive, except as herein excepted, and all of said law contained in said sections 597 to 666, inclusive, which does not conflict with the provisions of this Act, is hereby made applicable to said Bryan county. Jurisdiction and penalties, etc., of district commissioners. Sec. XIX. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 7, 1885. AMENDING ROAD LAW OF WALKER COUNTY. No. 326. An Act to amend the road laws of this State so far as relate to the county of Walker, and to authorize the board of commissioners of roads and revenues of said county to levy and collect a tax for the purpose of working the public roads and the manner of disbursing the same, and to submit the question of taxation to the legal voters of said county. Section I. Be it enacted , That each male inhabitant of said county, between the ages of twenty-one and fifty years, who are not physically

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and mentally disabled, shall be subject to road duty four days in each year and no more; Provided , any such person may exempt himself from road duty after the present year by paying to the Tax Collector of said county, on or before the first day of August in each year, the sum of three dollars, for the collection of which it shall be the duty of the Tax Collector to attend one day in each militia district in said county, ten days' notice of the time and place for collecting the same first being given in each district by said Tax Collector; Provided , nothing in this Act shall be so construed as to subject such persons to road duty who are exempt from road duty by the general laws of this State. Who subject to road duty. Commutation tax. Collection of. Proviso. Sec. II. Be it further enacted , That it shall be the duty of the board of commissioners of roads and revenues of said county to levy a tax (of) ten cents on each one hundred dollars' worth of taxable property in said county for road working purposes, which tax, after the present year, shall be collected when and as the general tax is collected, and paid to the Treasurer of said county, and the same, together with the commutation tax received, shall be applied to the improvement of the public roads of said county as hereinafter provided. The Tax Collector and Treasurer shall keep an accurate account, showing the amount of road tax and commutation money collected from each militia district, which amount shall be kept separate from the other districts, and the Treasurer shall pay out the same only as hereinafter provided. Ad valorem road tax. Collection of. How applied. Accounts of. Sec. III. Be it further enacted , That it shall be the duty of the board of commissioners of roads and revenues of said county to appoint three discreet and proper persons in each militia district in said county, who shall apply the ad valorem tax and commutation money that may be realized from persons and property in their district to the improvement of the public roads of their respective districts in such manner as may to them seem to be to the best interest of the people, and to this end they may employ overseers, draw warrants regularly numbered on the road fund of their respective districts, provided for as aforesaid in the hands of the County Treasurer, which shall be examined and approved by the commissioners of roads and revenues of said county, and the same, together with their approval entered on record in said office before the same is paid by the Treasurer to pay such persons as may be entitled to receive the same for services as overseers and for material, tools, wagons and teams, labor of said hands, or any other things furnished under contract with said commissioners for the improvement of the said roads; which contracts said commissioners are hereby authorized to make, and they are further authorized to enter upon any lands contiguous to said public roads and take such timbers, rocks and other things necessary for the proper working of the roads therefrom upon paying the owners thereof just compensation for the same. Said commissioners are to exercise their best discretion in working the roads of their respective districts, except as otherwise provided by this Act. They shall not contract beyond the ability to pay with the

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road fund raised for the year of the contract. They shall keep a book in which shall be legibly kept all their acts as such commissioners, including accounts by them allowed and expenditures made, for what road and to whom paid, together with copies of all the warrants they may draw on the County Treasurer. It shall be the duty of the district commissioners aforesaid, as soon after the 31st day of March in each year as practicable, and for the present year as soon as they have notice of their appointment, to apportion the road hands for their respective districts upon the several roads thereof; to appoint overseers for said roads (such overseers to receive no compensation for four days' service) and cause the work, for the time required of the road hands under the provisions of this Act, to be done in the manner indicated by and subject to all the provisions of the general road law of this State, which is hereby declared of force, except as changed by this Act, but such commissioners, so far as possible, shall work the roads of their respective districts at such time as will least interfere with the agricultural pursuits of the people. District road commissioners. Powors of. Appointment of road hands. Overseers. Time of road working. Sec. IV. Be it further enacted , That the provisions of this Act shall apply to the incorporated towns in said county, but the authorities of such incorporated towns shall have the exclusive right and power of enforcing the same within the corporate limits of said town, to collect the taxes and commutation money for road purposes, and disburse the same upon the order of the proper authorities thereof and through the agency of their own officers. How Act shall apply to incorporated towns. Sec. V. Be it further enacted , That for any failure to perform any duty by this Act imposed, or for making any fraudulent disposition of the funds hereby provided, or for any of the commissioners to be interested, directly or indirectly, in any contract authorized to be made under this Act, the person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Default, etc., of commissioners. Penalty. Sec. VI. Be it further enacted , That the road commissioners of each district, who may have faithfully performed the duties imposed by this Act, may, in addition to being relieved from all other road duty, excepting the Ad valorem tax during the year they may act as such, be paid from the county funds proper for each year's service, not exceeding ten dollars each, to be allowed or not, in the discretion of the board of commissioners of roads and revenues of said county, on presentation of a report of their work for the term served by them. Compensation of district commissioners. Sec. VII. Be it further enacted , That it shall be the duty of the Ordinary of said county to order an election to be held in the several voting precincts in said county on the 20th day of November, 1885. Public notice of the time of holding such election shall be given by the Ordinary of said county by publishing a notice in the Walker County Messenger for at least twenty days before the day of election, at which election all the voters of said county who are entitled to vote for members of the General Assembly shall be entitled to vote, submitting to such qualified electors the question of

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taxation to work the roads as set out in this Act, and all persons voting in favor of taxation shall have written or printed on their ballots, For Taxation, and all who oppose the same shall have written or printed on their ballots, Against Taxation. The returns of said several precincts shall be made on the following day to the Ordinary of said county, who, upon consolidating the same, if a majority of the said votes are cast for such taxation, then said Ordinary shall declare the same by publication in the county newspaper, and this Act shall then be of force and the road law of said county. Should a majority of the votes cast be against taxation, then the old road law shall be of force in said county, notwithstanding the passage of this Act. Election to be held. Notice. Regulations for election. Ballots. Returns. Declaration of result. Effect of election. 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 October 9, 1885.

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TITLE VII. FENCES AND STOCK. ACTS. Fence elections in Floyd county. Marking, branding and driving sheep and cattle in Mitchell county. Stock law for 241st district, G. M., of Clarke county. Stock law for 220th district, G. M., of Clarke county. Stock law for Columbia county. Stock law for Hart county. Prohibiting non-residents from herding or grazing stock in Murray county. Stock law for 542d district, G. M., Pulaski county. Stock law for Bibb county. FENCE ELECTIONS IN FLOYD COUNTY. No. 61. An Act to alter and amend section 1455 of the Revised Code of Georgia, and an Act amendatory thereof, approved August 26, 1881, 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 such elections to be held not oftener than one time in three years in the county of Floyd, in this State, then if the lawful majority in said election is for No Fence, said section shall take effect within twelve months thereafter. 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 Code of Georgia, and an Act, approved August 26, 1881, amendatory thereof, be, and the same is hereby amended by inserting the word three between the last two words of the last line of the proviso, which says that said election shall not be held oftener than one time in every year, and by adding the letter s to the word year, which is the last of said proviso. How often fence elections may be held.

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Sec. II. Be it further enacted by the same authority , That said section 1455 be further amended by striking out the word six in the fifty-first line of said section, and inserting in lieu thereof the word twelve , so as to make said section, as applied to Floyd county, read as follows: The foregoing provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 shall become operative in Flovd county, of this State, upon the following terms and conditions: Whenever so many as fifty freeholders in Floyd county, of this State, shall petition to the Ordinary of said county for the benefit of the provision of said sections, said Ordinary shall at once make known throughout said county by advertisement in the public gazette, if there is one published in said county, and by notices at all election precincts and public places therein that such petition has been filed in his office, such notices to be published twenty days; if a counter-petition of 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 said county at such time as said Ordinary shall appoint, in which the question shall be submitted to the lawful voters of said county of Fence, or No Fence, said election to be held at the court ground in each militia district, and under the same rules and regulations as provided for members of the General Assembly, and after thirty days' notice at the most public places in said county; Provided , that no person shall be allowed to vote at said election except in the militia district in which he resides; the returns of said election shall be made to the Ordinary of said county, and after examining the same and deciding upon all questions which may arise out of said election, he shall proclaim the result by notice as aforesaid; if the lawful majority in said election is for `No Fence, then the provisions of said six sections shall take effect in said county within twelve months thereafter; Provided , that said election shall not be held oftener than one time in every three years. Petition for election. Notice. Counter-petition. Election to be held. Regulations for. Returns. Declaration of result. Effect of election. Sec. III. Be it further enacted , That all laws and parts of laws, so far as relate to Floyd county, in conflict with the provisions of this Act be, and are hereby repealed. Approved December 23, 1884.

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MARKING, BRANDING AND DRIVING SHEEP AND CATTLE IN MITCHELL COUNTY. No. 91. An Act to regulate the time, place and manner of marking and branding sheep and cattle in the county of Mitchell, and to prevent the driving of sheep and cattle out of their respective ranges by parties other than the owners of the same, or their agents, and to provide a penalty for violating said Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, it shall be unlawful for any person in the county of Mitchell to mark and brand any sheep or cattle, whether one or more, excepting between the dates of each year, and in the manner described below: Marking and branding sheep and cattle. Any cattle to be marked and branded may be attended to at any time of the year that the owner chooses, without the services of inspectors, unless the same are bought and sold, in which cases duly appointed inspectors shall be present to see the marks and brands and to take down the same, and it shall be the duty of said inspectors to make a list of all such marks and brands, and to turn the same over to the Clerk of the Superior Court for him to record in a book to be kept by him for that purpose; the fees of said inspectors shall be two dollars per day for each man during the time he is actually employed attending to such business; as many inspectors shall be appointed by the Ordinary of the county of Mitchell as he considers necessary to attend to this business in the county; the time of marking and branding and shearing sheep shall be from the fifteenth day of April to the first day of June in each and every year; no person or persons shall, in marking sheep or cattle, cut off more than half the ears of said sheep or cattle, nor shall any sheep be branded except with a number instead of letters; all sheep hereafter branded in said county shall be branded with a number, which brand shall be duly registered by the owner, as now provided by law; no person or persons shall sell beef or mutton in the market in said county, unless the same has been inspected by the regularly appointed inspectors. Regulations for marking and branding cattle. Inspectors Their fees. Number. Time for marking, branding and shearing sheep. Numbers to be used. Registration of. Inspection of beef, etc. Sec. II. Be it further enacted, etc. , That from and after the passage of this Act, no person shall drive sheep or cattle, whether one or more, out of their usual range, except the owner or his agent, and when sheep or cattle are being gathered or penned for marking or branding or shearing, the person or persons gathering or penning said sheep or cattle shall give notice to their neighbors and those owning sheep or cattle that have the same range that said sheep or cattle are being gathered, and said notice shall be given at least four days before commencing such work; it shall be the duty of the

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person or persons so gathering sheep or cattle, as soon as the same are collected together, to drive them to the pen of the nearest citizen having sheep or cattle in said range for the purpose of dividing and separating said sheep and cattle; Provided , that nothing in this Act contained shall prevent any owner of stock from selling the same to a neighbor without inspection; and provided further , that all fees for inspection shall be paid by the party offering the stock for sale. Driving sheep or cattle. Gathering or penning. Notice. Nearest pen to be used. Proviso. Sec. III. Be it further enacted, etc. , That no person whatever, from and after the passage of this Act, shall be allowed to collect up and drive out of said county of Mitchell, or to drive out of said county, any bunch of cattle or sheep without first filing with the Clerk of the Superior Court of said county a schedule or list showing the number of sheep or cattle, or sheep and cattle, so proposed to be driven out of said county, and the mark and brand of each head of said sheep or cattle, or sheep and cattle, unless said sheep or cattle, or sheep and cattle, are being collected and driven by the owners thereof; said list or schedule shall be recorded by the Clerk of the court in a book to be kept by him for that purpose, for which he shall receive the usual fee for like services. Driving out of the county. Sec. IV. Be it further enacted, etc. , All laws conflicting with this Act shall be, and are hereby repealed. Any person violating this Act in any particular shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code. Penalty. Approved December 24, 1884. STOCK LAW FOR TWO HUNDRED AND FORTY-FIRST DISTRICT G. M., OF CLARKE COUNTY. No. 109. An Act to submit to the qualified voters of the 241st district, G. M., of Clarke county (Barber's Creek) the question of preventing all cattle from running at large in said district, and to give effect to said election, and to make the boundaries of said 241st district a lawful fence. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That an election shall be held on the 16th day of January, 1885, at the usual voting precinct in and for the 241st district, G. M., of Clarke county, to determine the question of preventing all cattle from running at large in said 241st district; said election shall be held as elections for members of the General Assembly are now required by law to be held, except that two tally-sheets and two lists of voters shall be kept by the managers, who shall deliver one tally-sheet and list of voters

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with the ballots cast at said election to the Clerk of the Superior Court to be by him delivered to the Grand Jury of the next May term of Clarke Superior Court; the remaining tally-sheet and list of voters shall be delivered (on the day following the election) to the Ordinary, who shall declare the result; no person shall vote in the election aforesaid who has not resided six months in the 241st district; any person voting illegally in said election shall be guilty of a misdemeanor, and on conviction be punished as prescribed by section 4310 of the Code; notice of said election shall be given by advertisement by the Ordinary of Clarke county for two weeks in both weekly newspapers published in Clarke county, and by posting such notice for two weeks at the Justice Court ground of said 241st district of Clarke county. Election to be held. Time of. Regulations for. Illegal voting. Notice of election Sec. II. Be it further enacted , That all persons voting at said election shall have written or printed on their ballots (according as they favor, or are opposed to preventing all cattle from running at large on the lands of another in said district) the words, No Fence, or the word, Fence, and if a majority of the votes cast at said election are for No Fence, then all the boundary lines of said 241st district, G. M., of Clarke county are hereby declared lawful fences, and from and after the 1st day of March, 1885, it shall be unlawful for the owner of any horse, mule, cow, sheep, goat, hog or other live stock of any description to allow the same to run at large upon the lands of another within said 241st district, G. M., of Clarke county, but the Ordinary of Clarke county shall have suitable gates erected across the roads which cross the middle Oconee river, which is the eastern boundary of the 241st district. Ballots. Effect of No Fence majority. Sec. III. Be it further enacted , That if (after a majority of the voters voting at said election have declared for No Fence) any of the animals named in the preceding section shall commit any trespass, or damage the crops of another, or shall be found running at large on the premises of another, whether such crops or premises are enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of the actual damage sustained by him, and the party injured, or the owner of the premises or his lessee or tenant, may impound said stock until such damages are paid, or if no damages, all cost and expenses of taking up and impounding the same may have been paid by the owner thereof. Any person impounding any stock as herein provided shall give them all necessary care, feed and attention, and shall, within twenty-four hours after the taking up and impounding of said stock, give notice thereof to the owner, or if the owner cannot be ascertained within three days after impounding, said stock shall be disposed of as provided by law in case of estrays, except that the balance (after payment of the legal fees) shall be applied first to the damages and expenses of the injured party or the person impounding. Damages for trespass Stock may be impounded. Care and attention to them. Notice of impounding, etc. Disposal of stock. Sec. IV. Be it further enacted , That in case of disagreement between the party claimed to be damaged in the taking up of said

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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 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 court shall issue process as in other suits returnable within five days from the date thereof, requiring the owner or claimant of said stock to appear at a time and place therein named, which process shall be served as other processes at least three days before the time of hearing, when said courts shall hear evidence and give judgment against the owner or claimant for twice the amount of actual damage proven, and for the care and feeding of said stock and all legal costs, which judgment shall be enforced by execution, levy and sale as other judgments in said courts; Provided, nevertheless , that a special lien upon the trespassing animals for the payment of such judgment shall attach from the date of the trespass superior to all other liens, except taxes and all other public dues, and superior to all exemptions of homestead or personalty; Provided further , that the right of appeal and certiorari shall lie from said judgment under the same rules as govern said rights in other cases in said court. Damages and expenses of taking up. Suit for. Service of process. Judgment. Special lien of. Sec. V. Be it further enacted , That in cases of litigation, as contemplated by preceding sections, the owner of said stock may replevy the same by giving bond, with good security, conditioned to pay plaintiff all damages and costs which may be recovered against him in said suit. Replevy of stock. Sec. VI. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 2, 1884. STOCK LAW FOR TWO HUNDRED AND TWENTIETH DISTRICT, G. M., OF CLARKE COUNTY. No. 110. An Act to submit to the qualified voters of the 220th district, G. M., of Clarke county the question of preventing all cattle from running at large in said district; to give effect to said election, and make certain boundary lines of said district a lawful fence, 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 on the 15th day of January, 1885, an election shall be held at the usual, voting place in the 220th district, G. M., of Clarke county (and held in the same manner and under the same provisions as are now prescribed by law for elections of members of the General Assembly) to

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determine the question of preventing all cattle from running at large upon the lands of another in said 220th district, G. M. Notice of the holding of said election shall be published twice in the weekly newspapers published in Clarke county, and be posted at the Justice Court ground of said 220th district for two weeks before said election. The managers of said election shall keep two tally-sheets and two lists of voters. One tally-sheet and list of voters shall be delivered by the managers (or one of their number) to the Ordinary of Clarke county, who shall declare the result by publication in the same manner as notice of said election was given. The other tally-sheet and list of voters kept at said election, together with the ballots cast at said election, shall be securely sealed and delivered, on the day following the election by any one of the managers to the Clerk of the Superior Court, who shall keep and deliver the same to the next Grand Jury of Clarke county. No person shall vote in said election except male citizens of the 220th district, G. M., who are qualified to vote for members of the General Assembly and who have resided in said district for six months preceding said election, and if any person not entitled to vote at said election shall vote at the same, he shall be guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code. Election to be held. Notice of. Regulations for. Returns. Penalty for illegal voting. Sec. II. Be it further enacted , That all persons voting at said election shall have written or printed on their ballots the words, No Fence, or the word, Fence, and if a majority of the votes cast at said election shall be for no fence, then the boundary lines of said 220th district (except between the 216th district, G. M., and the 220th district) shall be a lawful fence, and it shall be unlawful, from and after the 1st day of March, 1885, for the owner of any horse, mule, cow, sheep, goat, hog, or live stock of any other description, to allow the same to run at large upon the lands of another within said 220th district, G. M., of Clarke county. Ballots. Effect of No Fence majority. Sec. III. Be it further enacted , That if, after a majority of voters voting at the election hereinbefore provided have declared for no fence, 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 are inclosed or uninclosed, the owner of said stock shall be liable to the person damaged in twice the amount of actual damage sustained by him, and the party injured, or the owner of said premises, or 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 of said stock. Damages for trespass. Impounding stock. Sec. IV. Be it further enacted , That 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

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notice of the same to the owner. If the owner is not known, or cannot be ascertained within three days after impounding said stock, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be so disposed of, after payment of the legal cost, the balance shall be applied, first, to damages and expenses incurred by the injured party, or the person so impounding. Care and attention to stock impounded. Notice to owner. Disposal of stock. Sec. V. Be it further enacted , That in case of disagreement as to the amount of damages sustained on account of the alleged trespass, or the expenses of feeding and attention, the party claiming said damages or expenses may make complaint to the City Court of Clarke county, 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 at least three days before the time of hearing, when said courts shall hear evidence and give judgment against the owner or claimant for twice the amount of actual damage proven, and for the care and feeding of said stock, and all legal costs, which judgment shall be enforced by execution, levy and sale, as other judgments in said courts; Provided, nevertheless , that a special lien upon the trespassing animals for the payment of said 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. Suit for damages and expenses. Summons. Measure of damages. Judgment. Special lien. Appeal and certiorari. Sec. VI. Be it further enacted , That 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 complainant or plaintiff all damages and costs which may be recovered against him in said suit. Replevy of stock. Sec. VII. Be it further enacted , That if a majority of the voters voting at the election provided by this Act should have written or printed on their ballots the words, No Fence, then the Ordinary of Clarke county shall within forty days cause to be erected on the boundary line between the 216th and 220th districts a lawful fence with suitable gates across the roads, and shall levy a tax upon the freeholders of said 220th district sufficient to pay for the same; Provided , any person subject to said tax shall have the privilege of paying the same in labor or material, should they so select. Fence to be erected by Ordinary. Tax therefor. 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 December 24, 1884.

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STOCK LAW FOR COLUMBIA COUNTY. No. 185. An Act to require the owners of horses, mules, cows, hogs, sheep' goats 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 Columbia, 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 , That from and after the first day of April, 1886, it shall be unlawful for the owner of any horses, mules, cows, hogs, sheep, goats, or cattle or stock of any other description, to allow the same to run at large upon the land of another in Columbia county, whether enclosed or unenclosed. Running at large of stock, cattle, 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 crop or property of another, or shall be found running at large on the premises of another, whether such crops, property or premises be enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of actual damages sustained by him, and the party injured, or the owner of said premises, his tenant or lessee, may impound said stock or cattle until such damages and all costs and expenses of taking up and impounding the same shall have been paid by the owner of such cattle or stock. Damage from. Impounding stock or cattle. Sec. III. Be it further enacted , That in case any such animals shall 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 or cattle shall have been taken up and impounded, to give notice thereof to the owner; if the owner, however, is not known, or cannot be ascertained within three days after impounding such stock or cattle, 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 and expenses, the balance shall be applied first to damages which such cattle or stock may have caused to the owners or tenants or lessees of lands, premises or crops thereon. Care of impounded stock or cattle. Notice to owner. Disposal of cattle. Sec. IV. Be it further enacted , That in case of disagreement between the party claimed to be damaged, or the taker-up of such animals, and the owner of the same, as to the amount of damages sustained on account of the alleged trespass, or the expense of feed and attention, the party claiming said damages or expense 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

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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. Suit for damages and expenses. Time of trial. Special lien of judgment. Sec. V. Be it further enacted , That in cases of litigation, as contemplated by the preceding section, the owner of said stock or cattle 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 and expenses which may be recovered against him in said suit. Replevy bond. 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 23, 1885. STOCK LAW FOR HART COUNTY. No. 208. An Act to require 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 county of Hart, 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, 1886, the boundary lines of each and every lot or parcel of land in the county of Hart shall be, and the same are hereby declared a lawful fence. Land lot lines lawful fences. Sec. II. Be it further enacted , That no horse, mule, cow, sheep, goat, hog, or any other animal or animals used or fit either for food or labor, shall be permitted to run at large beyond the limits of the lands of its owner or manager of said stock. Running at large of stock, cattle, etc. Sec. III. Be it further enacted , That if any of the animals enumerated in the foregoing section shall commit any trespass or damage, or shall be found going at large on the premises of any other person than the owner of said animals or stock, whether inclosed or uninclosed, and whether such animals wandered from the premises of the owner in the county in which the trespass was committed, or from another county, it shall be lawful for the owner of such premises to impound such animals and retain them until the owner thereof shall make full satisfaction or reparation for the damages committed by such animals, including all cost and expenses, unless disposed of according to the provisions of the three following sections. Damages for trespass. Impounding. Sec. IV. Be it further enacted , That if any of the said animals shall be impounded under the provisions of the preceding section,

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

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special lien upon the trespassing animal or animals for the payment of such judgment shall attach from the time of the committing of such trespass, superior to all other liens or previous claims, except public dues, and superior to all exemptions under the homestead and exemption laws; and provided also , that if said judgment for damages shall exceed the sum of fifty dollars, the defendant may enter an appeal as in other cases in Justices' courts; and provided further , that in case of any litigation, as contemplated by this section, it shall be lawful for the owner of such animals to redeem or replevy the same by giving to the complaining party a bond, with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit. Suit for damages and expenses. Summons. Service of. Judgment. Special lien of. Appeals. Replevy bond. 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 October 3, 1885. PROHIBITING NON-RESIDENTS FROM HERDING OR GRAZING STOCK IN MURRAY COUNTY. No. 286. An Act to prohibit non-residents of the State of Georgia from herding or grazing stock in the county of Murray; to provide penalties for violation of same, 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 not be lawful for any non-resident of this State to herd or graze stock, such as cattle, horses, mules, sheep, etc., within the territorial limits of the county of Murray, except upon their own land. Non-residents in Georgia prohibited from herding or grazing stock. 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 thereof shall be punished as prescribed in section 4310 of the Code. Penalty. Sec. III. Be it further enacted , That all laws in conflict with this Act be repealed. Approved October 7, 1885.

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STOCK LAW FOR FIVE HUNDRED AND FORTY-SECOND DISTRICT, G. M., PULASKI COUNTY. No. 292. An Act to adopt the provisions of the stock law in and for the 542d district, G. M., in the county of Pulaski. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and immediately after the expiration of six months from the passage of this Act, the stock law of the State of Georgia, as contained in sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1882, shall apply to and become operative in the five hundred and forty-second (542d) district, Georgia militia, in the county of Pulaski, and shall have the same force and effect therein as if the same were adopted pursuant to an Act approved September 29, 1881, and all of the provisions of said last-named Act, including section 1455 (a) of the Code of 1882, shall likewise, from and after the date first named, beceme operative and have full force and effect in said district as if the same were adopted as therein prescribed. General stock law adopted. 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 October 7, 1885. STOCK LAW FOR BIBB COUNTY. No. 317. An Act to prevent the running at large, in Bibb county, State of Georgia, of all horses, mules, cattle, sheep, goats and swine; 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 April 1, 1886, it shall not be lawful for any person owning or in charge of any horse, mule, cow, sheep, goat, hog or any other animal to permit the same to run at large in 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 county, shall be liable for all 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 stock, etc., prohibited. Liability of owner. Sec. II. Be it further enacted , That if any animal or animals enumerated in the foregoing section shall commit any trespass or shall

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be going at large in said county upon the premises of any other person than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals and retain them until the owner thereof shall make full satisfaction or reparation in damages committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided; Provided, however , nothing in this Act contained shall be construed to authorize the impounding of any stock which may stray from the adjoining counties of Jones and Twiggs, nor shall the owners thereof be liable for any trespass committed by such stock on land not protected by a legal fence as now provided by statute, unless the proper authorities of Bibb county shall erect good and substantial fences along the dividing line between said county of Jones and said county of Bibb, and between said county of Bibb and the county of Twiggs, with proper gates across the roads to prevent the incursion of stock from said counties of Jones and Twiggs. Damages by trespassing animal. Impounding. Proviso. 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 animals 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 such district, then to the most convenient Justice in any district, setting forth the amount claimed; whereupon such Justice shall issue a summons as in other suits, returnable within five days from the date thereof, requiring the owner or claimant of such animal to appear at a time and place named, and which shall be served as other summons, at least three days before the time of hearing, when such Justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expense, impounding, care and feed of such animals, which shall be enforced by execution, levy and sale as other judgments of such Justice. Care of impounded animals. Notice to owner. Replevy bond. Suit for damages and expenses. Summons. Service of. Judgment.

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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. Disposal of impounded animals. Special lien. 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. Breaking pound. 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 October 9, 1885.

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TITLE VIII. EDUCATION. ACTS. Amending charter of Martin Institute. Election for board of education of Haralson county. Public school term and pay of teachers in Franklin county. Establishing Reformatory Institute in Richmond county. Commissioners of Waynesboro Academy. Educational tax for Glynn county. Regulating public instruction in Glynn county. Public school system for Athens. Public school system for Milner. AMENDING CHARTER OF MARTIN INSTITUTE. No. 122. An Act to amend an Act entitled an Act incorporating the Martin Institute, at Jefferson, Georgia, so as to authorize the board of trustees of said institute to issue bonds, to secure the payment of the same by mortgage or otherwise, for the purpose of paying for lot purchased, and the erection thereon an institute building in the town of Jefferson, Jackson county, Georgia. Section I. Be it enacted by the General Assembly of Georgia , That the Act entitled an Act to revise, alter and amend an Act entitled an Act to appoint trustees for the Jackson County Academy, and to incorporate the same, assented to 20th November, 1818, and for other purposes therein expressed, approved December 9, 1859, be amended as follows: That the board of trustees of Martin Institute, an educational institute at Jefferson, Ga., are hereby authorized and empowered, for the purpose of paying for lot recently purchased, and for the erection thereon of an institute building and for such other necessary improvements as said board may deem necessary to be placed on said lot, to issue, sell or negotiate the bonds of said

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institute, not to exceed the amount of ten thousand dollars, or such less sums as said board of trustees may deem necessary and proper. Said bonds shall be of denomination not less than one hundred dollars nor greater than five hundred dollars each; shall not run exceeding thirty years, and shall be redeemable at the option of said board of trustees or their successors at any time and in any quantites after seven years by giving one month's notice by publication in the public gazette doing the county printing for Jackson county, Georgia. Trustees empowered to issue bonds. Purpose of bonds. Amount. Character. Redemption. Sec. II. Be it further enacted , That the bonds authorized by the first section of this Act shall be signed by the president of the board of trustees of said Martin Institute, and the treasurer of said board shall countersign said bonds and sign each coupon; said bonds shall be registered by the secretary of the board in a book to be kept for that purpose; they shall bear interest at a rate of per cent. not greater than seven per cent. per annum, which shall be paid by the treasurer of said board semi-annually, and the good faith and credit of said institute is hereby pledged for their payment. Signing, etc., of bond. Interest. Sec. III. Be it further enacted , That the said Martin Institute, for the purpose of securing the payment of the bonds hereinbefore authorized to be issued, and of all interest to become due thereon, is hereby authorized and empowered and required through its proper officers to mortgage the said Martin Institute building and the lot whereon the same is built, such mortgage or conveyance in trust by way of mortgage to be good and sufficient in law and equity without the purchaser or holder of said bonds being required or held to see the proper application of the purchase money for said bonds, such mortgage or conveyance in trust by way of mortgage to be executed after a resolution for that purpose passed by the board of trustees of said institute. Security for payment. Mortgage. Sec. IV. Be it further enacted , That said board of trustees of Martin Institute be, and they are hereby authorized and required to reserve from the dividends that may accrue from one hundred and fifty shares of stock of the Georgia Railroad and Banking Company, owned and held by said trustees for said Martin Institute, annually such sums as shall be necessary and sufficient to pay the interest on the bonds hereinbefore authorized to be issued, and to create a sinking fund for the extinguishment of the principal within the thirty years which the same are to run, or sooner if so desired by said board. Payment of interest and sinking fund. Sec. V. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 25, 1885.

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ELECTION FOR BOARD OF EDUCATION OF HARALSON COUNTY. No. 130. An Act to repeal an Act to provide for the election of a county board of education for the county of Haralson; to confer upon said board jurisdiction over the finances, roads, bridges and public buildings of said county, approved August 24, 1872, and to provide for electing said county board of education in the manner prescribed by the general law of the State, approved August 23, 1872. Section I. Said Act of August 24th, 1872, provides that an election shall be held in the several militia districts of the county of Haralson on the first Saturday in October, 1872, and on the first Saturday in October every second year thereafter for a school commissioner for said district, who shall hold his office for two years. Act of Aug. 24, 1872 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 above-recited Act, so far as the same relates to the election of a county board of education for the county of Haralson, is hereby repealed. Said Act repealed. Sec. III. Be it further enacted , That after the passage of this Act, the county board of education of the county of Haralson shall be elected by the Grand Jury, as provided by a general Act, approved August 23, 1872. How board shall be chosen. Sec. IV. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1885. PUBLIC SCHOOL TERM AND PAY OF TEACHERS IN FRANKLIN COUNTY. No. 144. An Act to extend the public school term in Franklin county, Georgia, so as to embrace the scholastic year, and to make it compulsory on the board of education to pay the public fund to all teachers of public schools in said county at uniform rates, that is, to pay all teachers the same amount per scholar per day, regardless of grade or other reason, 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 county school board of Franklin county, Ga., to so frame their contracts with the teachers of public schools in said county as to authorize said teachers to receive the amount to be paid for each scholar

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within the public school age out of the public fund for any time such scholar may be in school during the scholastic year; Provided , that said teachers shall not receive pay out of the public fund for more days than are now provided or may hereafter be provided by law for the public school term. Payment of teachers. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of the board of education of said county to order the public school fund to be paid to all teachers of public schools in said county at uniform rates, that is, to pay all teachers the same amount per scholar per day, regardless of grade or other reason. Uniform rates. 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, 1885. ESTABLISHING REFORMATORY INSTITUTE IN RICHMOND COUNTY. No. 225. An Act to establish, in the county of Richmond, in this State, a Reformatory Institute; to provide for the maintenance and conduct of the same, 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 Henry Myers, Casper N. Oliver, David L. Fullerton, William I. Delph and William T. Wheless and their successors in office are hereby made a corporation for the purpose of inaugurating, establishing and conducting in and for the county of Richmond, in this State, an institute for the employment, instruction and reformation of juvenile offenders to be called the Richmond County Reformatory Institute. Corporators. Purpose. Sec. II. Be it further enacted by the authority aforesaid , That the government of the said institute shall be vested in a board of five commissioners as herein appointed and provided for. The corporation named shall meet at the court-house, in the city of Augusta, at 12 m. on the second Monday in October, 1885, and shall thereupon proceed to draw for terms of office: Two of the corporators shall hold office for three years, two for two years, and one for one year. Thus constituted, the board shall organize by electing one of its number as chairman and a citizen of the county as clerk. At the term of the Superior Court immediately preceding the expiration of the term of the commissioner designated by lot for one year's service, the Grand Jury shall elect by ballot, outside its own membership, a successor to said commissioner, which said election shall be for three years, and the same rule shall be observed as the term of the several commissioners expires; each election shall be for three

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years. In case of a vacancy in the board from any cause whatsoever, the same shall be filled for the unexpired term by the remaining commissioners, subject to confirmation by the Grand Jury next in session, but the citizen chosen by said commissioners to fill a vacancy shall qualify and enter at once upon the duties of his office. Government of institute. Organization. Election of successors to first commissioners. Vacancies. Sec. III. Be it further enacted by the authority aforesaid , That the said commissioners shall have charge of the general interests of the institute, shall provide employment for the inmates, discharge or reward them in such manner as they may deem beneficial; they shall appoint a superintendent and such other officers as in their judgment may be necessary for conducting efficiently and economically the business of the institute. All appointments made by them shall be made in such manner, with such restrictions and for such terms of time as the by-laws may prescribe. The commissioners shall also establish by-laws and regulations for the internal government and economy of the institute. The sexes and the races shall be kept separate. Powers of commissioners. Appointments. By laws, etc. Sec. IV. Be it further enacted by the authority of the same , That when any boy or girl in the county of Richmond, sixteen years of age and under, shall be convicted of any offense known to the laws of this State and punishable by imprisonment, the court before which such conviction shall be had may, at its discretion, sentence such boy or girl to the said institute or to such punishment as is now provided by law for such offense, and all commitments of such boys and girls to said institute shall be for a term not longer than their minority nor less than one year, unless sooner discharged by order of the board of commissioners. Inmates. Commitment of convicts. Sec. V. Be it further enacted by the authority aforesaid , That the City Court of Richmond county and the Recorder's Court of the city of Augusta may, upon the complaint of the mayor of said city, or of any of the commissioners of the reformatory institute herein provided for, that any minor, within the ages prescribed and indicated in section four of this Act, lives an idle and dissolute life, and that his or her parents are dead, or, if living, do neglect to provide suitable employment or to exercise salutary control over such minor, shall have power, on conviction thereof, to sentence such minor to said institute, to be there kept and governed according to law; Provided , that nothing herein contained shall be construed to take away the right of appeal in the cases aforesaid from said City and Recorder's Court respectively to the Superior Court. Of others. Appeal. Sec. VI. Be it further enacted by the authority aforesaid , That as soon as practicable after the organization of the board shall have been completed, a conference shall be held between the commissioners provided for in this Act, and named as corporators, and the Judge of the City Court aforesaid, with a view to the selection of a site for the buildings, etc., of the institute, and for such other work as will facilitate the accomplishment of the purpose of this Act. The said Judge of the City Court shall promptly respond to the call of said commissioners for said conference, and shall extend

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to the said commissioners as a board every facility possible in furtherance of their work as herein indicated, authorized and commanded. Site for buildings, etc. Sec. VII. Be it further enacted by the authority aforesaid , That said commissioners shall communicate to the Grand Jury first in session after the organization of said board all facts as to action taken by them in their corporate capacity, together with a detailed estimate as to the moneys necessary to carry into execution the provisions of this Act. Upon the receipt of said estimate, the Grand Jury may, in their discretion, recommend an amount of money to be raised and set apart by the Judge of the City Court aforesaid, as other moneys for county purposes are raised and set apart for the support of said institute. Thereupon the said Judge of said City Court shall proceed to put into execution the recommendation of said Grand Jury. Report to Grand Jury. Support of institution. Sec. VIII. Be it further enacted by the authority aforesaid , That all bills on account of salaries, supplies, etc., for said institute shall first be approved by the proper committee of the board, then passed upon and approved by the board. This done, the clerk of the board shall draw an order, to be countersigned by the chairman of the board, on the County Treasurer for the amount of each said bills; said order shall not be recognized unless countersigned by the chairman aforesaid; upon presentation of the authorized order, the County Treasurer shall pay the amount for which it calls, and charge the same against the institute account. Approval and payment of bills. Sec. IX. 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 October 5, 1885. COMMISSIONERS OF WAYNESBORO ACADEMY. No. 232. An Act to prescribe the mode and manner of the election of five commissioners for the Waynesboro Academy, in Burke county; to give them sole management and control of the same, and to prescribe the manner of the election of their successors, and to repeal all conflicting laws. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and councilmen of the city of Waynesboro shall, within thirty days of the approval of this Act, elect by ballot five commissioners, each of whom shall be a citizen of said city, as commissioners of the Waynesboro Academy; each of said commissioners, when so elected, shall hold his office for life, unless he shall resign,

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or cease to be a citizen of said city, or be removed for good and sufficient cause by a two-third vote of the board of commissioners. Election. Term of office. Sec. II. Be it further enacted , That the sole management and control of said academy shall vest in said commissioners. Powers of commissioners. Sec. III. That whenever a vacancy shall occur in said board of commissioners, it shall be filled by election of a new member by the commissioners in office at the time of said election. Vacancies. 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 October 5, 1885. EDUCATION TAX FOR GLYNN COUNTY. No. 358. An Act to authorize the board of commissioners of roads and revenues of the county of Glynn, State of Georgia, to assess and have collected annually for educational purposes a special ad valorem tax upon the taxable property in the limits of said county, under section four, article eight of the constitution of Georgia, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , Two Grand Juries having recommended that the board of commissioners of roads and revenue of the county of Glynn be, and they are hereby authorized to assess and have collected annually by levy and sale, as in other cases for the collection of taxes, in addition to that now allowed by law for educational purposes, and for the purpose of maintaining public schools in said county, an extra or special ad valorem tax upon the taxable property in the limits of said county of Glynn of three-eighths (3 8) of one-tenth of one per centum; Provided , that said tax shall not be used for any other purpose. Educational tax. Amount. Sec. II. Be it further enacted , That before this Act shall take effect, the board of commissioners of roads and revenue of said county shall order an election, giving at least ten days' notice to ascertain the sense of the qualified voters of said county; at said election should this question be decided affirmatively by the majority prescribed in the constitution of this State, it shall be the duty of the Tax Collector of said county to collect a tax as authorized by section first of this Act. Election to be held. Notice. Result of election. Sec. III. Be it further enacted , That any election under this Act shall be held under same rules as govern elections for members of the General Assembly of this State, and notice required under this Act shall be by publication in the newspaper publishing the official notices of said county and posting at the court-house door. Regulations for election. Sec. IV. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved October 13, 1885.

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REGULATING PUBLIC INSTRUCTION IN GLYNN COUNTY. No. 359. An Act to amend an Act entitled an Act regulating public instruction in the county of Glynn, approved February 21st, 1873, and for other purposes. Section 1. Be it enacted by the Assembly of Georgia, and it is hereby enacted by authority of the same , That section 1 of the above-recited Act be amended by striking out the word three, in the fourth line of said section, and inserting in lieu thereof the word four, so that said section thus amended shall read as follows: That immediately after the passage of this Act, the mayor and council of the city of Brunswick, at a regular meeting, shall be authorized to elect, for the terms hereafter provided, four fit and competent persons, freeholders and citizens, and said additional member of the board of education of the county of Glynn shall be elected from the 1356th militia district of said county in the same manner and for the term already prescribed in said Act for the election of members of said board of education. Members of board of education. Election. Sec. II. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1885. PUBLIC SCHOOL SYSTEM FOR ATHENS. No. 385. An Act to establish a system of public free schools in the city of Athens, Georgia, and provide for the maintenance and support of the same; to provide for the issuance of bonds of said city for the purpose of building school-houses, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, there shall be established in the city of Athens, in this State, a system of public free schools to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act. System of schools to be established. Sec. II. Be it further enacted , That in conformity with the provisions of article VIII, section 4, paragraph 1, of the constitution, an election shall be held in the city of Athens on the first Saturday in November, 1885, on the question of local taxation for the support of said system of free schools, and all persons who are qualified to

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vote for members of the General Assembly and who have resided for six months next preceding said election within the corporate limits of Athens shall be entitled to vote in the election herein provided. All voters who favor such local taxation for free schools shall have written or printed on their ballots, For Free Schools, and those who are opposed shall have written or printed on their ballots the words, Against Free Schools, and in case two thirds of the votes cast at said election shall be for Free Schools, then it shall be the duty of the mayor and council of Athens annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be advertised by the clerk of the council of the city of Athens for fifteen days preceding said election in the official organ of the city. Election to be held. Qualifications of voters. Ballots. Effect of election. Notice of election. Sec. III. Be it further enacted , That in case a two-thirds majority of the voters voting in said election shall vote For Free Schools, it shall be the duty of the mayor and council of the city of Athens, within thirty days thereafter, to elect a board of public education for the city of Athens to consist of two members from each ward and one member from the city at large, said board to be a body corporate, with the right to take and hold, to it and its successors, in trust for the city of Athens, any grant or devise of lands or any donation or bequest of money or other personal property made to it for educational purposes, with the right to sue and the liability of being sued. The members of the board herein named shall continue in office during good behavior, and when vacancies occur by death, resignation or otherwise, they shall be filled by the board itself. Board of education. Rights of as a corporation. Terms and vacancies. Sec. IV. Be it further enacted , That the said board of education shall from time to time elect a superintendent and teachers for the public schools of Athens; shall adopt such rules and regulations as may be necessary for the successful conduct of said schools; shall choose the text books and books of reference to be used by the pupils; shall have general oversight and management of the schools, and shall do such other acts, not inconsistent with the laws of this State, as may promote the efficiency of the system of education under their charge. Powers of board. Sec. V. Be it further enacted , That within ten days from the date of their election, the board shall organize by electing a president and vice-president, a secretary and treasurer. The secretary shall keep a record of all the acts and doings of the board, which shall be a public record open to inspection by any person interested therein. The treasurer shall give bond for the safe-keeping and disbursement of the funds placed in his charge payable to the board of education, the amount of the bond and the sufficiency of the security to be judged of by said board of education. It shall not be lawful for the treasurer to pay out any funds except upon the order of the board. Organization of board. Secretary. Treasurer. Sec. VI. Be it further enacted , That the board herein provided for shall establish such grammar schools and high schools as in their judgment may be necessary for the education of the children of the

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city. These schools shall be free to all children of school age residing within the corporate limits of Athens. Children of non-residents may likewise be admitted to said schools upon such terms as may be prescribed by the board. Establishment of schools. Pupils. Sec. VII. Be it further enacted , That provision shall be made under this Act for the education of all children, both of the white and colored races, but separate schools shall be provided for white and colored children. Education of white and colored children. Sec. VIII. Be it further enacted , That the funds necessary for the support of the system of schools herein provided for shall be raised as follows: 1. Whatever sums may be due to the city of Athens from the State school fund, under the laws of the State, shall be paid over to the treasurer of the board herein created. 2. The board of education herein provided for shall, in the early part of each year, make an estimate of the amount necessary to be raised that year for the support of the public schools, and place this estimate before the city council. 3. It shall be the duty of the city council, in raising the city taxes for the current year, to provide for the sum mentioned in the estimate of the board of education, or other adequate sum, and the net sum realized by this provision shall be turned over to the treasurer of the board of education for the support of the schools. School funds, how raised. Sec. IX. Be it further enacted , That the mayor and council of Athens shall have power and authority to issue bonds of said city, not to exceed $20,000 in amount, to run for thirty years, and to bear interest at a rate not exceeding seven per cent. per annum, and to sell the same, the proceeds to be applied to the building of proper school-houses, not to exceed one in each ward of the city. But before the issuance of said bonds, said question of the issuance of the same shall be submitted to the voters of the city of Athens, after being advertised at the same time and in the same manner as hereinbefore provided in this Act. The same qualifications shall apply to the voters as provided in section 2 of this Act. All persons voting in said election hereinbefore provided may have written or printed on their ballots the words. For Bonds, or the words, Against Bonds, and if a two-thirds majority of those voting in said election shall vote For Bonds, the mayor and council may issue said bonds, making provision at the time of so doing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within thirty years from the date of incurring said indebtedness as prescribed in article VII, section 7, paragraph 2, of the constitution of this State. City bonds. Amount. Use of proceeds. Election on questions of issue. Ballots. Tax to pay. 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 October 15, 1885.

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PUBLIC SCHOOL SYSTEM FOR MILNER. No. 394. An Act to authorize and empower the corporate authorities of the town of Milner, in Pike county, to establish a system of public schools for said town; to levy and collect a tax for establishing and maintaining said schools; to authorize the county school commissioner of Pike county to pay over to the corporate authorities of said town for the use of said public schools such part of the State school fund as may be their just pro rata share, and for other purposes therein named. Section I. Be it enacted by the General Assembly of Georgia , The corporate authorities of the town of Milner having so recommended, that the mayor and council of the town of Milner, in Pike county, are hereby authorized and empowered to levy and collect a tax annually, in addition to that authorized by law, not to exceed one per centum on the taxable property of said town, for the purpose of establishing and maintaining public schools in said town; Provided , the moneys so collected shall be used only for the purposes herein set forth. Tax for schools. Amount. Purpose. 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 town, shall be entitled to the benefit of said schools. The mayor and council of said town may, in their discretion, charge each pupil attending said schools an incidental fee not to exceed four dollars per scholastic term, and may also admit children into said schools, whose parents, guardians or natural protectors do not reside within the corporate limits of said town, 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 purposes of establishing and maintaining said schools. Pupils. Incidental fee, etc. 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. Board of trustees. Powers of mayor and council. Of board of trustees. Sec. IV. Be it further enacted by the authority aforesaid , That the white and colored children of said town 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

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taxation of colored population shall in like manner be appropriated solely to the establishment and maintenance of schools for the colored children. Separate schools. Money raised, how appropriated. 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 Pike, and present the same to the county school commissioner of said county, 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 Pike 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 establishing and maintaining public schools. Report to county school commissioner. Pro rata of fund for Pike to be set apart for Milner. Sec. VI. Be it further enacted by the authority aforesaid , That the mayor and council of said town are authorized and empowered to receive, hold and apply 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. Rules, etc. Sec. VII. Be it further enacted by the authority aforesaid , That before this Act shall take effect and become operative, the mayor of said town of Milner shall order an election, giving at least ten days' notice of the same by posting notices at three or more public places in said town, to ascertain the sense of the qualified voters of said town, under the provisions of this Act, as to whether public schools shall be established and maintained in said town 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 votes cast by persons qualified to vote shall be in favor of public schools, then said mayor and council shall proceed to levy and collect a tax and establish and maintain 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. Election to be held. Notice. Ballots. Effect of election. Subsequent elections. Proviso. 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 town, and the qualification of the voters at said election shall be the same as at other elections, except the superintendents of said election 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. Regulations for election. Returns. Declaration of result. Sec. IX. Be it further enacted by the authority aforesaid , That the clerk of said mayor and council, or other officer charged with the

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duty of receiving tax returns and collecting the tax in said town, 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 town who are qualified to vote, and no person whose name does not appear on said list shall be allowed to vote at said election unless making the oath usually required at the municipal elections in said town. List of voters. Sec. X. Be it further enacted by the authority aforesaid , That any person who shall 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. Penalty. 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 October 15, 1885.

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TITLE IX. REGISTRATION. ACTS. Registration law for Baldwin and Lee counties. Amending registration law of Fulton county. Registration law for Savannah. Registration law for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski counties. Registration law for Cobb county. Registration law for Sumter county. Registration law for Spalding county. Registration law for Appling county. Registration law for Richmond county. Registration law for Dodge county. Registration law for Effingham county. Registration law for Telfair county. Registration law for Muscogee county. REGISTRATION ACT OF BALDWIN AND LEE COUNTIES. No. 32. An Act to require all voters to register; to provide the manner in which such registration shall be done, and the appointment of registrars in the counties of Baldwin and Lee, in this State, and for other purposes herein mentioned. 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 Ordinaries of Baldwin and Lee counties, in this State, are hereby required to appoint a registrar or registrars in each militia district in said counties of Baldwin and Lee respectively. Registrars. The number of registrars to be appointed shall be determined by such Ordinaries of Baldwin and Lee counties as they may deem necessary, but shall not be more than three in any one militia district;

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such registrars shall be appointed for the term of four years, and all vacancies that occur shall be filled by the Ordinaries in Baldwin and Lee counties in their respective counties. Number of. Term. Vacancies. That said registrars shall be freeholders and citizens in the respective district for which they are appointed, and shall take and subscribe before some officer authorized to administer oaths an oath faithfully to discharge the duties imposed by this Act. Qualifications. Oath. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of such registrars to open books for the registration of the qualified voters of said counties of Baldwin and Lee respectively forty days before each election in said counties at the voting precincts in the respective districts, notice of which shall be given by publishing the same for ten days in the public gazette in which the public advertisements of the respective counties are published, and by posting the same in five or more public places in each district. Books of registration. Time for registration. Notice. Said registrars shall attend the place or places 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 may register in the districts in which they reside in order to vote at such approaching election. Duty of registrars. All applications to register must be made in person; no person shall be registered until he has taken and subscribed the following oath before one of the registrars: 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 coming election, and that I have resided in this county six months next preceding the coming election; that I am twenty-one years of age, or that I will attain the age of twenty-one before the day of such election, and have paid all taxes due by me, except for the year of this election. So help me God. Registration. Oath. And said oath shall be by said registrar filed and delivered, together with the books of registration when completed, to the Ordinaries of Baldwin and Lee counties respectively. Sec. III. Be it further enacted by the authority aforesaid , That the Ordinaries of Baldwin and Lee counties respectively shall cause to be made alphabetical lists of such voters so registered, and shall furnish the managers of each election precinct with lists of the same, and said managers shall not permit any person to vote at said election whose name does not appear on said lists, and if the managers shall permit any one to vote who has not been registered, or if any one shall vote at any election without having first been registered as aforesaid, or shall vote in the name of some person appearing on said lists other than his own, he or they shall be punished as prescribed by sectien 4310 of the Code. Lists of voters. Voters. Violation of law. Penalty. Sec. IV. Be it further enacted by the authority aforesaid , That when elections occur within ninety-six days of each other, there need be but one registration of voters for the elections thus occurring, and the registration books and lists made for the former election shall be used for such succeeding elections; Provided, however , that any

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person qualified by law to vote, who failed to register before such preceding election, shall have the right to register, and it shall be the duty of said registrars to register all such persons upon application, and make the proper return thereof as heretofore provided. One registration. Failure to register. Sec. V. Be it further enacted , That said registrars, for the services thus rendered, shall receive as compensation whatever amount the proper county authorities, whose duties it is to audit claims against said respective counties of Baldwin and Lee, shall deem reasonable and just, and the same when so determined shall be paid out of the county treasury of said counties respectively. Compensation to registrars. 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 18, 1884. AMENDING REGISTRATION ACT OF FULTON COUNTY. No. 123. An Act to alter and amend the registration Act for Fulton county, approved September 28, 1883, so as to provide that there shall be not exceeding one registration in each year of the voters of said county, and less if necessary, and to make it a misdemeanor to register unlawfully, and for other purposes. Section I. Be it enacted by the Legislature of Georgia , That from and after the passage of this Act, the above-recited Act be so amended that there need be but one registration of voters in each year, and that the commissioners of roads and revenues of said county be vested with the power and authority to decide upon the necessity of whether a registration oftener than every two years is necessary, and have power to provide for the registration of persons becoming qualified as voters after the last registration and previous to the election, and of persons who were absent or providentially hindered from registration at the regular time; Provided , that nothing herein contained shall authorize the commissioners of said county to omit a new registration of voters preceding any election hereafter to be held in said county under any local option law now passed or hereafter to be passed by the General Assembly. One registration Discretion of county commissioners Subsequent registrations. Registration for local option. Sec. II. Be it further enacted , That registration by any voter otherwise than is provided by said registration Act and this amendment shall be a misdemeanor, and any person so offending shall, on conviction, be punished as prescribed in section 4310, revised Code of 1882. Penalty. Sec. III. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 25, 1885.

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REGISTRATION LAW FOR SAVANNAH. No. 128. An Act to provide for the registration of voters to vote at municipal elections in the city of Savannah; to fix, regulate and determine the time, place and manner in which such elections shall be held, to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof. Section I. Be it enacted by the General Assembly of the State of Georgia , 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 Code of 1882, except that the time of the residence of the voter within the corporate limits of said city shall be six (6) months immediately preceding such election. Qualifications of voters. Sec. II. Be it further enacted by the authority aforesaid , That the following named five citizens and their successors in office are hereby declared to be and are constituted registration and election commissioners for the said city of Savannah, to wit: one of said citizens to be elected by the Grand Jurors of the City court of Savannah, at the February term of said Court, in the year 1886, and at the same term of said Court in every second year thereafter; one of said citizens to be elected by the Grand Jurors of the Superior Court of Chatham county at the March term of said Court in the year 1886, and at the same term of said court in every second year thereafter; one of said citizens to be elected by the board of county commissioners of Chatham county; one by the board of education of Chatham county, and one by the sinking fund commissioners of the city of Savannah, on or before the first day of April in the year 1886, and on or before the same date in every second year thereafter. They shall continue in office until their successors are elected, and should any vacancy occur from the death or resignation of either of said citizens, or from any other cause, then said vacancy or vacancies shall be filled by the same authority as is hereinbefore provided. The said commissioners, or a majority of them, when duly qualified by taking the same oath of office as is hereinafter provided in Sec. VII. of this Act, for the registration and election managers, shall appoint three (3) free-holders for. and 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

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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. during every day (except Sundays) for two weeks immediately preceding the day before the election, and they shall also attend from 6 o'clock p. m. to 8 o'clock p. m. on each Saturday of said two weeks, and on the last day of registration, at some convenient point in their district, (of which notice for three days prior to the opening of the books hereinbefore named, and during the time said books are kept open, 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; and the cost of the publication of the notice hereinbefore provided shall be paid out of the city treasury. Registration and election commissioners. Election of. Term. Vacancies. Oath. Registrars. Books of registration. Time for registration. Notice. 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 up of the blanks in said books. Any member of said board may swear any applicant for registration touching his right to do so. Registration. Sec. III. Be it further enacted , That it shall also be the duty of said commissioners to cause proper books to be made out from the Tax Collectors books of Chatham county, and the books of the clerk of council of the city of Savannah, if all persons in said city who have paid their poll tax to the county and city authorities since the adoption of the present constitution, and one of the books so prepared shall be given by said commissioners to the three freeholders appointed to preside in each district, the actual cost of preparing said books shall be paid out of the city treasury, and when the name of any applicant for registration does not appear on said books 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 registration and 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. Tax lists. Payment of taxes. Disposition of registration books. Sec. IV. Be it further enacted , That said managers shall on the day before and the day succeeding the close of said registration publish in the official gazette of said city a list certified to by them or a majority of them of the names only of the voters who have registered in their respective districts up to the dates of publication, and the cost of said publications shall be paid out of the city treasury. Publication of list of voters.

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Sec. V. Be it further enacted , That the said elections for mayor and aldermen of said city of Savannah, shall be held as heretofore at the court-house in said city at the time prescribed by law for the same, and that it shall be the duty of the said district managers or a majority of them to attend at said court-house at the time appointed for the election with the books aforesaid, and there shall be four ballot-boxes one for each of the said districts, so arranged as to be of easy access to the voters, and each voter shall vote in the box assigned to the district in which he resides, and not elsewhere, and whenever the right of any to vote is challenged, one of said board shall swear him touching his right to vote and propound to him the questions answered by him at his registration, and if his answers do not correspond with those previously given as they appear in the aforesaid book of registration he shall not be allowed to vote, and upon receiving any vote the name of the voter shall be immediately checked off in said book. Elections. Ballot-boxes. Challenges. Sec. VI. Be it further enacted , That any person fraudulently registering or attempting to register fraudulently` and any person voting or offering to vote at any election for mayor and aldermen of said city who has no right to vote at such election or counseling, advising, or encouraging any other person so to do, and any member of said board who shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Penalties. Sec. VII. Be it further enacted , That the said board of registration and election managers, and they alone shall be the managers of election for mayor and aldermen of said city, shall have exclusive charge of all details and arrangements connected with the same, shall alone count the ballots and certify the result of the election, and each member of said board shall, before entering upon the performance of his duties under this Act, take and subscribe on oath before the Clerk of the Superior Court of the county of Chatham, to be filed in that office, that he will well and truly perform said duties. Management of elections. Returns. Sec. VIII. Be it further enacted , That if any member of said board shall become disqualified or unable to perform said duties, his place may be immediately filled by another, appointed as prescribed in the second section of this Act, and each of said members shall be entitled to receive for 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. Disqualification and pay of election managers. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 29, 1885.

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REGISTRATION LAW FOR FLOYD, McDUFFIE, BURKE, RANDOLPH, ELBERT, OGLETHORPE, WILKINSON, GREENE, WASHINGTON, WALTON, MORGAN, LOWNDES, EMANUEL AND PULASKI COUNTIES. No. 207. An Act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, and to provide for carrying the same into effect, 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 Collectors of the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Lowndes, Emanuel and Pulaski shall be by virtue of their office registrars for said counties, and shall each take an oath faithfully to discharge the duties imposed by this Act. It shall be their duty as such registrars to register all persons applying, who are legally qualified to vote, in the following manner: Said registrars shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in their book of tax receipts, together with the date of registration and the year and election for which said person is registered. Their books for registering shall be closed ten days before each election. All persons voting shall vote in the district in which they reside and for which they are registered; Provided , there is a voting precinct established in said district, and if there is no such precinct, then at any precinct in the county. All applications to register shall be in person and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year and in said county six months next preceding the coming election, and is twenty-one years of age or will become so before said election, and has paid all State and county taxes which have been due by him except for the year of the election, of which fact the registrar may require the applicant to make oath before him when he is not satisfied as to the qualifications of said voter. It shall be the duty of each said registrar, immediately on the closing of his books, to make out alphabetical lists of the registered voters for each militia district in his county, and turn the same over to the board of county commissioners of roads and revenue, if any, and if none, to the Ordinary of said county, as the case may be. Registrars. Oath. Duty. Books of registration. Voters. Qualifications for registry. Lists. Sec. II. Be it further enacted by the authority of the same , That the said Boards of Commissioners of roads and revenue or Ordinaries as the case may be shall cause to be printed said alphabetical lists of

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said votors so registered, and shall cause to be furnished to the managers of election at each precinct copies of the lists of registered voters of the district in which they sit, which list shall be first verified from the registrar's list before being turned over to said managers and 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 any person voting at any of said elections without having been registered as aforesaid, or who shall vote in the name of some other person appearing on said list other than his own name, or otherwise violating the provisions of this Act, shall be punished as prescribed in section 4310 of the Code of 1882; Provided , that any person who presents his tax receipt with the word Registered, stamped or written on it by said registrar, shall be entitled to vote in the district of his residence, although his name does not appear on the list in the hands of the managers of said election; Provided, however , that if the said stamping or writing of the word registered upon the tax receipt has been done after the time for closing the registration, said vote shall be illegal and the voter, and any and all parties concerned in the unlawful stamping and writing shall be subject to all the pains and penalties prescribed by law for illegal voting. Printing of lists, etc. Voting. Penalties. Sec. III. Be it further enacted by authority aforesaid , That the amount of compensation for the services to be thus done by said registrars shall be two and one-half cents for each person registered, to be paid from the county treasury on the order of the commissioners of roads and revenue or Ordinary, as the case may be. Pay of registrars. Sec. IV. Be it further enacted by the authority aforesaid , That when two or more elections occur within sixty days of each other in the same year, the registration list for the first shall be used for the succeeding election; Provided , that the registrar's books shall be kept open up to within ten days before said election, and supplemental lists made out and used in the manner prescribed in this Act for the original registration. One registration. Proviso. Sec. V. Be it further enacted , That the commissioners of roads and revenue or the Ordinary, as the case may be, shall furnish to said registrar a well-bound book in which the registrar shall transcribe in alphabetical order the names of all registered voters and the militia district for which they have registered, keeping the registry lists for each year separate; and it shall be the duty of said registrar to deposit said book with said county authorities on or before the day of said election. Book to be furnished registrar, etc. Sec. VI. Be it enacted by authority of the same , That if at any time it shall be made to appear to the board of commissioners, or in case there is no such board, then to the Ordinary of the county, by the petition of one or more citizens that the registrar has entered on the list or issued certificates of registration to any person not entitled to vote, then the said board shall have authority, and it is hereby made the duty of the same, or of the Ordinary, as the case

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may be, to cause a rule to be issued against the registrar, calling upon him to show cause why said lists should not be corrected. The said registrar and the person alleged to be illegally registered, each to have five days written notice of the hearing of said rule. If upon the hearing it should appear from the evidence offered that any persons are illegally registered, the board of commissioners or Ordinary shall order the names of such illegally registered persons to be stricken from the lists, specifying the names of said illegally-registered persons, and such person shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him. The registration of voters shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. Improper registration. Notice. Penalty. Contests. Sec. VII. Be it further enacted by authority aforesaid , That all laws in conflict herewith be, and the same are hereby repealed. Approved October 3, 1885. REGISTRATION ACT FOR COBB COUNTY. No. 216. An Act to authorize and require the registration of all voters in the county of Cobb, in this State; to provide for penalties for violation of the same, 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 Tax Collector of the county of Cobb shall be by virtue of his office the registrar of said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such registrar to register all persons applying, who are legally qualified to vote, in the following manner: Said registrar shall stamp or write the word registered upon the tax receipt of the person registering, and also upon the stub in his book of tax receipts. His book for registering shall be closed ten days before each election. All persons voting shall vote in the district in which they reside, and for which they are registered. All applications to register must be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year preceding the next coming election, and has resided in Cobb county six months, and is twenty-one years of age, or will be before said election, and has paid all taxes which since the adoption of the constitution of 1877 have been required of him, and which he has had a reasonable opportunity to pay, except for the year of the election. It shall be

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the duty of said registrar, immediately upon the close of his books, to make out alphabetical lists of the registered voters for each district in said county, and turn the same over to the Ordinary of said county. Registrar. Oath. Duty. Time of registration. Voters. Qualifications for registry. Lists. Sec. II. Be it further enacted , That the said Ordinary of said county shall cause to be printed said alphabetical lists of such voters so registering, and shall cause to be furnished to the managers of each election precinct copies of the list for the district in which they sit, which lists shall first be verified from the registrar's lists before being turned over to said managers, and the said managers shall not permit any person to vote at said election whose name does not appear on said lists, unless it should appear that such person offering to vote was over sixty years of age and owns no property liable to taxation, under all the pains and penalties prescribed by law for illegal voting, and that any person voting at any one of said elections without having been registered as aforesaid, or who shall vote in the name of some person appearing on said lists other than his own name, shall be punished as is prescribed in section 4310 of the Code of 1882; Provided , that any person who presents his tax receipt with the word registered stamped or written on it by the said registrar shall be entitled to vote in the district of his residence, although his name does not appear on the lists in the hands of the managers of said elections; Provided, however , that if the stamping or writing of the word registered upon the tax receipts has been done after the time for the closing the registration, the said vote shall be illegal, and the voter, and any and all persons engaged in the illegal stamping or writing, shall be subject to all the pains and penalties prescribed for illegal voting. Printing of lists. Verification. Failure to register. Penalties. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That the amount of compensation for the services to be thus rendered by the registrar shall be three cents for each name appearing on said lists, to be paid from the county treasury on the order of the Ordinary. The actual cost for printing, registration books and other legitimate expenses shall be paid from the county treasury on the order of the Ordinary. The Ordinary shall be paid for his services such sum as the Grand Jury of the county may recommend, not exceeding twenty-five dollars every two years. Pay of registrar, etc. Sec. IV. Be it further enacted by the authority aforesaid , That when two or more elections occur within one hundred and ten days of each other, the registration lists for the first shall be used in the succeeding elections; Provided , that the registrar's books shall be kept open up to ten days before the elections, and supplemental lists made out and used in the manner prescribed in this Act for the original registration. One registration. Proviso. Sec. V. Be it further enacted , That in case any person who shall have registered under the provisions of this Act, and who shall move from the militia district of his residence to some other militia district in said county, on making oath that he has registered in terms of this Act in the district from which he moved, and that

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he would have been entitled to vote in said district from which he moved under the provisions of this Act had he remained in the same, shall be entitled to vote in such district in which he may be living at the time of making such oath. [Illegible Text] voters. Sec. VI. Be it further enacted by the authority aforesaid , That in case said registrar shall refuse to allow any person to register offering to register, entitled to register under the provisions of this Act, shall be punished as is prescribed in section 4310 of the Code of 1882. Refusal of registration. Penalty. Sec. VII. Be it further enacted by the authority aforesaid , That should any person fail to pay his tax and register before the close of the books of the Tax Collector for the collection of the tax, and execution shall issue against such person for his tax and be turned over to the Sheriff of the county for collection, such person shall have the right to pay off said tax execution and on payment of the same it shall be the duty of the Sheriff to give him a receipt for the same specifying in the receipt the year for which the tax is paid, and the Sheriff shall also write or stamp the word registered on such receipt; Provided , such person is a legal voter in accordance with the provisions of section first of this bill, and keep a list of all those who thus pay and register, and turn the same over to the Tax Collector, together with any supplemental list that may be made between elections, at least ten days before each election, and it shall be the duty of the Tax Collector to stamp or write the word registered on the stub of the receipt of each person whose name appears on said list, and the Tax Collector shall enter such names upon the lists turned over to the Ordinary to be furnished the managers of the elections; the Sheriff shall make affidavit before any officer allowed to administer an oath that such list embraces a true and correct list of those who have paid their tax to him, and that he has faithfully complied with the provisions of this bill applicable to him. Payment of taxes, 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 October 5, 1885. REGISTRATION LAW FOR SUMTER COUNTY. No. 254. An Act to provide for the registration of the qualified voters of Sumter county, and to provide that no person shall be entitled to vote at any election hereafter to be held in said county of Sumter, unless he shall have complied with the terms of this Act, and to provide a penalty for the violation of the provisions of this Act. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That at any time after the

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first day of April, 1886, and before the first day of September, 1886, and between the same dates every two years thereafter, the commissioners of roads and revenue of Sumter county shall cause to be opened books of registration for the qualified voters of said county of Sumter, and shall, by publication in one of the newspapers published in said county, give ten days' notice of the day on which said books of registration shall be opened, and said notice shall also specify the day on which said books of registration will be closed. Books of registration. Notice. Sec. II. Be it further enacted by the authority aforesaid , That the Tax Collector and the Tax Receiver of Sumter county shall be registrars, and the commissioners of roads and revenue may, in their discretion, appoint any number of assistant registrars, and each of said registrars and assistant registrars shall, before entering upon the discharge of his duties, take an oath faithfully and impartially to discharge the duties imposed by this Act. Any one of the said commissioners is hereby authorized to administer said oath. Registrars. Oath. Sec. III. Be it further enacted , That every application for registration under this Act shall be made in person to one of the registrars or assistant registrars, and every male citizen of the United States (except as otherwise provided by law), who will have attained the age of twenty-one years and will have resided in the State one year and in the county of Sumter six months next preceding the general election to be held in October of each year, and who shall have paid all taxes due to the State or county from the date of the adoption of the present constitution to the date of the application for registration, which he may have had an opportunity of paying agreeably to law, except for the year in which the registration is being had, shall be entitled to register. Qualifications for registry. Sec. IV. Be it further enacted , That the said registration shall be under the supervision and control of the commissioners of roads and revenue for Sumter county. Said commissioners shall have power at any time to discharge any one or all of the assistant registrars and to appoint new ones; to prescribe at what times and places in said county the registrars or assistant registrars shall attend; to prescribe the forms of the book or books to be used, and generally to make all rules and regulations for said registration not inconsistent with this Act and with the constitution and laws of this State. Supervision of registration, etc. Sec. V. Be it further enacted , That if any registrar or assistant registrar is in doubt as to the right of an applicant to register, said registrar or assistant registrar shall have the power, and it shall be his duty to administer to the applicant the following oath, which oath shall be subscribed by the party taking the same: I do swear (or affirm) that I will be twenty-one years of age, will have resided in this State one year and the county of Sumter six months next preceding the next ensuing election, and have paid all State and county taxes due by me since the adoption of the constitution, except for the present year, and any such oath shall be returned by the registrar to the clerk of said commissioners. Oath of applicants.

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Sec. VI. Be it further enacted , That said books of registration shall be closed ten days before the general election to be held in October, and immediately thereafter the registrars and their assistants shall arrange the names of the persons registered alphabetically by districts, separating the white from the colored polls, and shall then certify the same to be a true, full and correct list of the persons who have registered, and shall turn over said list and the books of registration to the said commissioners, and said commissioners shall cause to be furnished to the managers of each election precinct in said county printed lists of said registered voters. Close of books. Lists. Sec. VII. Be it further enacted , That no person shall be entitled to vote at any election unless he shall have registered as required by this Act, and any person who has not registered and who shall vote at any election mentioned in this Act shall upon conviction be punished as prescribed in section 4310 of the Code of Georgia. Penalty for illegal voting. Sec. VIII. Be it further enacted , That registration of the qualified voters of Sumter county shall be had every two years, closing ten days before each general October election, and all of the provisions of this Act shall apply to each subsequent registration thereunder and with the qualifications hereinafter provided; no person except such as have registered shall be entitled to vote at any election, general or special, for members of Congress, Governor, State House officers, members of the Legislature or county officers to be voted for in said county within two years next after the close of any registration Biennial registration. Sec. IX. Be it further enacted , That for the elections to be held in November of each year for Congressmen and in January for county officers, and for any special elections, the said county commissioners shall cause the last preceding registration list to be revised so as to include any person who may have become qualified to vote since the last preceding October election, and so as to exclude any who may have become disqualified, and when the lists are revised they shall be printed and furnished the managers of each said elections, and in making such revision said registrars shall be governed by such rules as may be prescribed by said county commissioners, and no person at any of said elections shall be entitled to vote unless his name appears on said registration list or said revised list, and in order to carry out the provisions of this section, either the Tax Collector or Tax Receiver, as registrars, may at any time after the close of any registration enter the name of any person upon application who since the books were closed has arrived at the age of twenty-one years or has become qualified to vote by reason of residence under the constitution and laws. Revision of lists. Sec. X. Be it further enacted , That the Tax Collector and Tax Receiver, and the assistant registrars, for the labor herein imposed, shall be paid such sum as may be fixed by the commissioners of roads and revenue for said county, and said commissioners shall have the authority to draw their warrant on the County Treasurer for said

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county for such compensation and for all other expenses connected with said registration. Pay of registrars. Sec. XI. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1885. REGISTRATION LAW FOR SPALDING COUNTY. No. 259. An Act to provide for and require the registration of voters in Spalding county for all elections in which a general vote of the county is had; to provide who shall act as registers of voters; to designate their duties and the manner of fixing their compensation; to provide when voters shall vote, and for other purposes. Section I. Be it enacted by the General Assembly , That from and after the passage of this Act, that no person shall be permitted to vote at any election in Spalding county when a general election in the county is held unless he shall produce to the managers of elections a certificate of registration or show by the books of registration that he was duly registered for the election at which he offered to vote. Duty of registration. Sec. II. Be it further enacted , That the Justice of the Peace in each militia district of Spalding county shall act as registrar; each registrar shall provide himself with a book to be known as a book of registration and blank certificates of registration; the registrar shall not register the name of any person who does not reside in his militia district; the registrar shall not register any person who is not qualified to vote under the laws of this State, and no person shall be permitted unless he shall produce to the registrar a receipt or other satisfactory proof of the payment of all taxes chargeable against him, except for the year in which he votes; the Grand Jury at the spring term of the Superior Court shall fix the compensation of the registrars, which shall include the cost of books and blank certificates of registration, and the same shall be paid by the county. Registrars. Books of registration. Qualifications for registry. Pay of registrars. Sec. III. Be it further enacted , That the books of registration shall be opened thirty days before each and every general election in the county of Spalding, and shall be kept open for twenty days; the registrars shall post in three or more conspicuous places in each militia district a notice for five days of the time and place of opening the books for the registration of voters. Time of registration. Notice. Sec. IV. Be it further enacted , That the registrars shall be required to issue to each person who may register within the time prescribed herein a certificate of registration; the vote of any person holding such certificate may be challenged at the elections as now prescribed

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by law, and the managers of elections may throw out any illegal vote as now provided by law. Certificates. Challenges. Sec. V. Be it further enacted , That all persons voting at any election held generally in the county of Spalding shall be required to vote in the militia district in which he resides. Place of voting. 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 October 6, 1885. REGISTRATION LAW FOR APPLING COUNTY. No. 283. An Act to authorize and require the registration of all voters in the county of Appling, 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 Justices of the Peace in and for the county of Appling be, and they are hereby appointed registrars in and for their respective militia districts, whose duty as such registrars it shall be to open books of registration (which books shall be furnished to them by the Ordinary of said county) for the qualified voters of said county sixty days before each election in said county at the Justice Court grounds or such other place or places as they, in their discretion, may see fit in their respective districts, of which at least two weeks' notice shall be given by each Justice of the Peace as aforesaid by written or printed notices posted at three of the most public places in his district. The Ordinary of the said county shall cause to be published in the public gazette in which the legal advertising of his office is done a notice over his signature that the said books of registration will be open in each district on the day specified by this Act, and that said books will be in charge of the said Justices of the Peace, which said notice shall be published as aforesaid for thirty days before said books are opened. The said Justices of the Peace shall attend one of the places designated, as aforesaid, every Saturday from 9 o'clock a. m. to five o'clock p. m. for sixty days preceding each election, so that all persons qualified to vote at said election may register in the district they reside, in order to vote at said election, and in addition the said Justices of the Peace shall attend at their respective court grounds every day (except Sundays) from 9 o'clock a. m. until five o'clock p. m. for ten days immediately preceding the closing of said books of registration, and said books of registration shall be closed ten days before each election, and no person shall be allowed to register after said

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books are closed, and no registration made thereafter shall be held legal or valid. Voters may register as aforesaid. All applications to register must be made in person, and no person shall be registered until he has taken and subscribed the following oath before one of the said Justices of the Peace: I do swear that I am a citizen of the United States, and that I have resided in the State of Georgia one year and in the county of Appling six months next preceding the coming election, and I 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 Justice of the Peace, together with their registration books when completed, turned over to the Ordinary of said county immediately after the ciose of said books; Provided , that each Justice of the Peace, before entering upon the discharge of his duties, shall take and subscribe an oath before the Ordinary of said county, in addition to his regular oath of office, to faithfully discharge the duties imposed by this Act. Registrars. Books of registration. Time of registration. Notice. Registration. Time of. Qualifications for registry. Oath of registrars. Sec. II. Be it further enacted by the authority aforesaid , That the said Ordinary 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 Ordinary 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 (except as hereinafter provided) 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 (except as hereinafter provided), or who shall 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 of registered voters. Penalties. Sec. III. Be it further enacted by the authority aforesaid , That should any person whose name does not appear on said list present himself to vote at any of said elections, such person may become entitled to vote by taking and subscribing, in addition to the oath usual in such cases, an oath that when said books of registration were open he was disqualified to register, but that since said books have been closed the said disqualification has been removed. Said oath so taken and subscribed shall be turned over to the said Ordinary immediately after the said election. Failure to register, etc. Sec. IV. Be it further enacted by the authority aforesaid , That the said Justices of the Peace shall receive as their compensation for such services as registrars one dollar per day for each day said books of registration are open, to be paid by the order of the said Ordinary on the Treasurer of said county whenever said books of registration are closed, and they shall receive no further compensation for such services. Pay of registrars. Sec. V. Be it further enacted by the authority aforesaid , That when two or more elections occur within four months of each other that there need be but one registration of voters for the elections so

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occurring, and that the registration books and lists made for the first election shall be used in the succeeding elections. One registration. 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 October 7, 1885. REGISTRATION FOR RICHMOND COUNTY. No. 308. An Act to require registration before voting in the county of Richmond; to fix the time, place and manner of such registration; to provide for the appointment of a registry clerk, prescribe his duties, fix his compensation, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act no person shall be entitled to vote in any county election held in the county of Richmond, for Ordinary, Sheriff, Coroner, Clerk of Superior Court, Treasurer, Tax Receiver, Tax Collector, and Surveyor, or for either of said officers unless such person shall exhibit to the managers holding such election a certificate issued by the clerk of registration of Richmond county showing that such person has been registered by him. Registration required. Sec. II. Be it further enacted by the authority aforesaid , That the Judge of the Superior Court of the county of Richmond shall, on or before the 1st day of May of each year, appoint some citizen of said county to act as registry clerk, said clerk before entering upon the discharge of his duty shall subscribe to the following oath: I do swear that I will not knowingly register as a voter any person who is not legally qualified to vote under the laws of this State and the provisions of the constitution, and that I will use my best efforts to prevent the registration of all persons not entitled to vote. It shall be the duty of said clerk to be at the court-house of Richmond county or some other centrally located point in said county, of which ten days notice by publication shall be given, daily (Sunday excepted) from 9 to 1 o'clock a. m., and from 2 to 5 o'clock p. m, commencing on the 1st day of June and continuing until the 1st day of September, said clerk shall register all voters legally qualified, in a book to be kept for that purpose, which book shall be the property of the county, and shall be by him turned over to his successor in office when appointed and duly qualified. Registrars. Oath. Time of registration. Notice. Book of registration. Sec. III. Be it further enacted by the authority aforesaid , Upon the registration by the clerk of a voter, he shall furnish to such voter a certificate under his official signature setting forth the fact of the registration and the district of his residence, said certificate

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shall be the only evidence received by managers of election of the right of the voter to cast his vote during the year for which it was issued, and when the voter has so cast his vote said manager shall stamp or write across the face of the certificate the time and place when said vote was cast. Certificates. Sec. IV. Be it further enacted by the authority aforesaid , That said clerk shall receive out of the funds not otherwise appropriated in the county treasury the sum of seventy five dollars per month, upon the warrant of the Judge of the Superior Court of said county. Pay of registrar. Sec. V. Be it further enacted by the authority aforesaid , That this Act shall not take effect until it has received the approval of a majority of a Grand Jury for the county of Richmond. When Act to take effect. 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 October 8, 1885. REGISTRATION LAW FOR DODGE COUNTY. No. 345. An Act to provide for the registration of the legal voters of Dodge county, and to provide a penalty for illegal voting or attempting to vote illegally. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the 15th day of September, 1886, it shall be unlawful for any person to vote or attempt to vote in any election in the county of Dodge, without having registered in manner as hereinafter provided. Registration required. Sec. II. Be it enacted , That it shall be the duty of the Tax Receiver of Dodge county, during the year 1886, and biennially thereafter or during such years as elections are held for Governor and members of the General Assembly, members of Congress and Presidential electors to keep a book in which he shall enter upon application the name in alphabetical order of all persons entitled under the constitution and laws of Georgia to vote in any election in this State, or who shall have resided in the State and county a sufficient time to entitle them to vote, provided they are qualified in all other respects as required by law, and shall also enter the dates of becoming a citizen of the State and county. Book of registration and registrar. Qualification to register. Sec. III. Be it enacted , Before the Tax Receiver shall register the name of any person desiring to vote, he shall administer to the applicant the following oath: You do solemnly swear that you will full and true answers make to such questions as I may ask you touching your eligibility to vote in any election in Dodge county.

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So help you God, and the Tax Receiver shall satisfy himself by questions as well as from insolvent lists, that the applicant is entitled under the constitution and laws of the State to vote before his name shall be registered. Oath of applicant, etc. Sec. IV. Be it enacted , That on the 15th day of September in each year in which he is required to make a registration of the voters, the Tax Receiver shall close his work of registration, and by the first day of October thereafter he shall file with the Ordinary the original book of registration together with copies thereof for each voting precint in the county. Time of registration, etc. Sec. V. Be it enacted , That it shall be the duty of the Ordinary of the county to compare the original registration book and copies thereof with the insolvent lists before the election for county officers, and upon each book opposite each name which is upon the insolvent list he shall enter the word insolvent' and such persons shall not be entitled to vote in the elections for county officers unless he can satisfy the managers of the election that all taxes have been paid. Payment of taxes, etc. Sec. VI. Be it enacted , That it shall be the duty of the Ordinary to furnish to the managers of all elections a copy of the book of registration at each voting precinct on all days of election, and when the election is over it shall be the duty of the managers to return the same to the Ordinary. Lists. Sec. VII Be it enacted , That the Tax Receiver shall receive one hundred dollars for his services to be paid out of the general funds in the treasury of the county upon the order of the Ordinary. Pay of registrar. Sec. VIII. Be it further enacted , That should any person vote or attempt to vote at any election in said county without having previously registered his name with the Tax Receiver, he shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 4310 of the Code of Georgia. Penalties. Sec. IX. Be it enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1885. REGISTRATION FOR EFFINGHAM COUNTY. No. 346. An Act to provide for the registration of the legal voters of Effingham county, and to provide a penalty for illegal voting. 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 shall have the right to vote at any election in the county of Effingham for any officer who shall not have registered before attempting to vote, according to the provisions of this Act, in the registration list last closed before such election. Registration required.

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Sec. II. Be it further enacted by the authority aforesaid , That the Ordinary of said county shall open a list in his office for the registration of voters on the first Monday in January next, and on the first Monday in January of each and every succeeding year, which list shall be kept open until the first Monday in September ensuing, when it shall finally and absolutely close. Registrar and registry. Time. Sec. III. Be it further enacted , That it shall be the duty of said Ordinary, upon the application in person, and not by proxy, of any person entitled to vote as aforesaid within the time prescribed for the list to be kept open, to register the name of such person, expressing in such register his name and age and the place of his residence in said county of Effingham, which shall be entered by the Ordinary on said list opposite the name of each applicant; the applicant, if subject to the poll tax now required by law, first paying to said Ordinaary the sum of one dollar, which shall be in lieu of the polltax now paid, but no person shall be entitled to register who is not at the time a citizen of said county, by residence as prescribed by law. The Ordinary shall in each case administer an oath to the applicant touching his right to be registered. Qualifications for registry. Pay for poll tax. Sec. IV. Be it further enacted , That it shall be the duty of said Ordinary to arrange and publish a list of the names so registered, in alphabetical order, in any paper published in said county, once immediately after close of said list and once in the last issue of said paper in the month of September, and to affix and keep an alphabetical printed list of the names of all registered voters at the door of the court-house in said county, for one week during the month of September of every year, but in such list it shall not be necessary for said Ordinary to publish the age or place of residence of such voter. Lists. Sec. V. Be it further enacted , That it shall be the duty of said Ordidinary to furnish to the managers presiding at such election at the several precincts in said county a complete list of all the names, arranged in alphabetical order, of those who live in the district in which said precinct is located, which shall have been registered according to the foregoing provisions, certified under the hand of said Ordinary, which list shall be kept before the managers during said election, and when said election is over, deposited in the office of said Ordinary, to be safely kept by him. To be furnished election managers, etc. Sec. VI. Be it further enacted , That said Ordinary shall immediately upon the close of the registration list each year, pay over to the Tax Collector of said county the amount received from applicants for registration, and at the same time deliver to him a certified copy of said registration list, and take his receipt for same, but nothing in this Act shall be construed so as to prevent the Tax Collector from issuing executions for the poll tax against all defaulters after said registration list is closed. Said Ordinary shall receive for his services as hereinbefore provided, not exceeding one hundred dollars, to be ordered by the clerk of Superior Court of said county. Duty of registrars Pay of.

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Sec. VII. Be it further enacted , That any person voting or attempting to vote at any election in said county without having registered as hereinbefore required shall be guilty of a misdemeanor, and on conviction thereof before the Superior Court of said county shall be punished by fine or imprisonment, or both, at the discretion of the court. Penalties. Sec VIII. Be it enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1885. REGISTRATION LAW FOR TELFAIR COUNTY. No. 347. An Act to provide for and require the registration of voters in the county of Telfair. 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 Ordinary of the county of Telfair to appoint for each militia district in his county at least one registrar of voters, who shall be a freeholder and a resident of said district, and who shall be duly sworn by some officer authorized to administer oaths, faithfully to perform the duties of registrar as prescribed by this Act; and the said Ordinary of the county of Telfair shall furnish to each of said registrars a registration book, upon the top of each page of which shall be written or printed the following oath: Georgia, Telfair county, I do swear (or affirm) that I am twenty-one years of age, have resided in this State one year, and in this county six months next preceding the next election; I have paid all taxes which, since the adoption of the present constitution of this State, have been required of me previous to this year, and which I have had an opportunity to pay; and I am a resident of this the district; and at the foot of each page shall be printed or written the following certificate: I hereby certify that the persons named on this page took and subscribed before me the foregoing oath on the dates opposite their respective names. This day of 18 Registrar District; and the said Ordinary of the county of Telfair shall designate some convenient place in each militia district in his county where such books shall be opened for the registration of voters, and shall give notice of the name of the registrar and the place of registration in each district, and the period of registration, by publishing the same in some public gazette in his county, if there is any published therein, and also by posting printed notices thereof in three or more public places in each district, said publication and posting to date from the opening of the registration books as hereinafter provided. Registrars. Oath. Books. Oath of applicant. Certificate. Place of registry. Notice of.

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Sec. II. Be it further enacted , That it shall be the duty of the registrars to open their books for the registration of voters at the places designated in their respective districts thirty days before the first election, for which registration is had, and shall attend at such places with their books, from ten o'clock, a. m., to five o'clock, p. m., daily (except Sundays) for twenty days, in order that the qualified voters in said county may register. All applications to register shall be in person, and the registrar shall administer to each applicant the prescribed oath, and require him to subscribe his name thereunder. The registrar shall attest all said book, each cross-mark signature. Said names shall be numbered consecutively, with the date of each registration, and opposite shall appear the color, age and occupation of the voter, which he shall be required to disclose before registering. The registrar shall certify to the correctness of each page of his book in the form printed or written thereon, and shall furnish to each person registering a certificate thereof in the following form: Time of registry. Qualifications of registry. Certificates by registrar. Georgia, Telfair County, I certify that..... duly registered before me this..... day of..... 18 ..... Registrar..... District. Sec. III. Be it further enacted , That at the expiration of twenty days, the registration books shall be closed, and shall be immediately delivered, certified as aforesaid, to the Ordinary of said county; and it shall be the duty of such Ordinary to cause to be made from such books correct alphabetical lists of the registered voters, together with the color, age and occupation of each voter, and shall furnish to managers of elections printed lists as aforesaid of the voters in said county, on or before the opening of the polls at such election; and no person shall be allowed to vote whose name does not appear on said list. Lists, etc. Sec. IV. Be it further enacted , That when two or more elections occur within a period of one hundred days the registration and lists prepared for the first shall serve for the others, and if any person may not be qualified to vote at the first election covered by the registration on account of age or residence and yet will by lapse of time become qualified for some subsequent one so covered, such person may during the period of registration make a separate affidavit before the registrar of his district in the form of the oath prescribed with such qualifications as will show when on account of age or residence, he will become a qualified voter and all such affidavits shall along with the books be delivered to the Ordinary of said county, and from the affidavits, lists shall be made and furnished as aforesaid to the managers of elections, in which such person may become qualified to vote. One registry. Subsequent registry, etc. Sec. V. Be it further enacted , That after the lists hereinbefore provided for shall have been made, the books and affidavits shall be placed with the Ordinary for safe keeping and shall be submitted to the inspection of each Grand Jury of the Superior Court of said

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county, the same books may be used for registration from time to time until they are filled when new books shall be furnished under the same regulations. Disposition of books, etc. Sec. VI. Be it further enacted , That said Ordinary may in his discretion appoint assistant registrars with the same powers, duties and liabilities as the registrars, and said Ordinary may fix the compensation of the registrars and remove them from office; the expense incurred in carrying this Act into effect shall be paid out of the county treasury. Assistant registrars. Pay of, etc. Sec. VII. Be it further enacted , That if any person shall vote at any election in said county without having registered as aforesaid, he shall be guilty of illegal voting and on conviction shall be punished as prescribed in 4310 of the Code of 1882. Illegal voting. 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 October 12, 1885. REGISTRATION LAW FOR MUSCOGEE COUNTY. No. 435. An Act to provide for and require the registration of voters in the county of Muscogee, 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 board of commissioners of roads and revenue of the county of Muscogee to appoint for each militia district in said county at least one registrar of voters, who shall be a freeholder and a resident in said district, and who shall be duly sworn by some officer authorized to administer oaths faithfully to perform the duties of registrar as prescribed by this Act; and the said commissioners shall furnish to each of said registrars a registration book, upon the top of each page of which shall be written or printed the following oath: I do swear (or affirm) that I am twenty-one years of age, have resided in this State one year and in this county six months next preceding the next election. I have paid all taxes which, since the adoption of the present constitution of this State, have been required of me previous to this year, and which I have had an opportunity to pay, and I am a resident of this district, and at the foot of each page shall be printed or written the following certificate: I hereby certify that the parties named on this page took and subscribed before me the foregoing oath on the date opposite their respective names. This day of , 18. Registrar, district, Muscogee county; and the said commissioners shall designate some convenient place or places in each militia district where such books shall be opened for the registration of voters, and

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shall give notice of the name of the registrar and the place or places of registration in each district, and the period for registration, by publishing the same in some public gazette in the city of Columbus for one week, and by posting printed notices thereof in three public places in each district, said publication and posting to date from the opening of the registration books as hereinafter provided. Registrars. Oath. Books. Oath of applicant. Certificates. Place for registry. Notice. Sec. II. Be it further enacted , That it shall be the duty of the registrars to open their books for the registration of voters at the places designated in their respective districts thirty days before the first election for which registration is had, and shall attend at such places with their books from ten o'clock a. m. to five o'clock p. m. daily (except Sundays) for thirty days, in order that the qualified voters in said county may register in their respective districts; when more than one place in a district is designated for registration, the twenty days attendance shall be apportioned between the places, of which notice shall be given in the publication and posting aforesaid. All applications to register shall be in person and in the district of the applicant's residence, and the registrar shall adminster to each applicant the prescribed oath, and require him to subscribe his name thereunder. The registrar shall attest on said book each cross mark signature; said names shall be numbered consecutively, with the date of each registration, and opposite shall appear the color, age and occupation of the voter, which he shall disclose before registering. The registrar shall certify to the correctness of each page of his book in the form printed or written thereon, and shall furnish to each person registering a certificate thereof in the following form: GeorgiaMuscogee county. I certify that duly registered before me this day of 18. Registrar district. Time of registry. Qualifications for registry. Method of registry, etc. Sec. III. Be it further enacted , That at the expiration of thirty days the registration books shall be closed, and shall be immediately delivered, certified as aforesaid, to the said board of commissioners, or one of them, and it shall be the duty of said commissioners to cause to be made from said books correct alphabetical lists of the registered voters, together with the color, age and occupation of each voter, and shall furnish to managers of elections printed lists as aforesaid of the voters on or before the opening of the polls thereat, and no person shall be allowed to vote whose name does not appear on the list. Lists, etc. Sec. IV. Be it further enacted , That when two or more elections occur within a period of one hundred days, the registration and lists prepared for the first shall serve for the others, and if any person may not be qualified to vote at the first election, covered by the registration, on account of age or residence, and yet will by lapse of time become qualified for some subsequent one so covered, such person may, during the period of registration, make a separate affidavit before the registrar of his district in the form of the oath prescribed, with such qualification as will show when, on account of age or residence he will become a qualified voter, and all such affidavits shall,

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along with the books, be delivered to the commissioners, and from the affidavits lists shall be made and furnished as aforesaid to the managers of the elections in which such person may become qualified to vote. one registry. Subsequent registry, etc. Sec. V. Be it further enacted , That after the lists hereinbefore provided for shall have been made, the books and affidavits shall be placed with the Ordinary for safe-keeping, and shall be submitted to the inspection of each Grand Jury of the Superior Court of said county. The same books may be used for registration from time to time until they are filled, when new books shall be furnished under the same regulations. Disposition of books, etc. Sec. VI. Be it further enacted , That said commissioners may, in their discretion, appoint assistant registrars, with the same powers, duties and liabilities as the registrars, and said commissioners may fix the compensation of the registrars and remove them from office. The appointment of a new registrar shall operate as a removal of the incumbent. So long as two or more militia districts in said county may be within one election precinct, there need be but one registrar; registration book and list for both or all of such districts, and registration before such registrar of persons residing in the precinct, shall entitle them to vote therein. The expense incurred in carrying this Act into effect shall be paid out of the county treasury. Assistant registrars. Pay of registrars, etc. Sec. VII. Be it further enacted , That if any person shall vote at any election in said county without having registered as aforesaid, he shall be guilty of illegal voting, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting. Sec. VIII. Be it further enacted , That should any registered voter lose or mislay his certificate of registration, he may obtain a duplicate upon application to the registrar or Ordinary of said county; Provided , his name appears on the registration lists. Loss, etc., of certificate. 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 October 17, 1885.

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TITLE X. MISCELLANEOUS. ACTS. Sale of seed cotton in Henry county. Pay of election managers, etc., in Washington county. Proceeds of convict hire in Morgan county. Repeal of dog tax in Floyd county. Grand Jury service in Sumter county. Governor's Horse Guard exempted from jury duty. Head-right laws in Franklin county. Sale of seed cotton in Early county. Effingham Hussars exempted from road duty. Southern Cadets' exemption from jury duty. Control, etc., of drains, etc., in Chatham county. Court-house tax in Newton county. Regulating burials in Macon. Pay of election managers in Early county. Tax on shows, etc., in Newnan. Pay of election managers, etc., in Muscogee county. Sale of court-house, etc., of Richmond county. Court-house bonds for Chatham county. Entry, etc., on lands of another in Putnam county. Justice court-houses in Bartow county. Sale of beef, mutton and pork in Dodge county. Sale of seed cotton in Lincoln county. Head-right law in Camden county. Confederate monument at Newnan. Purchase and sale of cotton and grain in Greene county. Southern Rifles' exemption from jury duty. SALE OF SEED COTTON IN HENRY COUNTY. No. 67. An Act to prohibit the sale of seed cotton in the county of Henry from the 15th of August to the 15th of December of each year, and to provide penalties 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 the authority of the same , That

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from and after the passage of this Act, it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Henry between the 15th of August and the 15th of December of each year; Provided , the provisions of this Act shall not apply to judicial sales by any officer authorized by law to make such sales. Sale between Aug. 15 and Dec. 15 prohibited. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That any person violating this Act shall be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of this State. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24, 1884. PAY OF ELECTION MANAGERS, ETC., WASHINGTON COUNTY. No. 70. An Act to provide compensation for election managers and clerks at all general and special elections held in Washington county, 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, all managers and clerks at general and special elections shall receive the following compensation: For their services at elections held at the county site of said county, two dollars per day, and at elections held at the county precincts of said county, one dollar per day, from any funds not received from taxation. Pay for services. Sec. II. Be it further enacted , That the managers as aforesaid shall present their bills for their services to the Ordinary, or such 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. Presentation and auditing of claims. 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 24, 1884.

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PROCEEDS OF CONVICT HIRE IN MORGAN COUNTY. No. 79. An Act to appropriate the proceeds of the hire of convicts convicted of misdemeanors, and serving on county chain-gangs from the county of Morgan, to the payment of insolvent costs due the different officers of said county. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the proceeds of the hire of convicts from the county of Morgan, convicted of misdemeanors, and serving on any 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. Appropriated to in solvent costs. Sec. II. Be it further enacted by the authority aforesaid , That the costs due each officer in the several cases from which said fund may arise shall be first paid on the insolvent orders according to the date of the record. Priorities. 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 24, 1884. REPEAL OF DOG TAX ACT FOR FLOYD COUNTY. No. 87. An Act to repeal an Act entitled 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, approved September 25th, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act, approved September 25th, 1883, entitled an Act to levy a tax upon all dogs in Floyd county; to appropriate the money so raised to the educational fund of said county, and for other purposes, which said Act provides that a tax of one dollar shall be levied on each and every dog in said county, which tax shall be collected as other county taxes, and when collected shall be appropriated to the school fund of said county, be, and the same is hereby repealed. Dog tax repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1884.

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GRAND JURY SERVICE IN SUMTER COUNTY. No. 113. An Act to alter and amend so much of the law as prescribes that two panels of Grand Juries shall be drawn at each term of the Superior Court of Sumter county, and to provide that the Grand Jury drawn for the first week of each term of said court shall serve during the second week thereof, and as much longer as their attendance may be required by the presiding Judge of said court. 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 panel of Grand Juries shall be drawn for each term of the Superior Court of Sumter county, instead of two panels, and the Grand Juries so drawn shall serve both during the first and second weeks of each term of said Superior Court, unless sonner discharged by the presiding Judge of said court. Only one panel to be drawn. Sec. II. Be it further enacted , That if adjourned or special terms of said Superior Court are held, the presiding Judge may, in his discretion, require the Grand Jury drawn and empaneled at the preceding regular term to attend at such adjourned or special term, or he may, as now provided by law, draw a new panel of Grand Juries to serve at said adjourned or special term. Adjourned or special terms. 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 24, 1884. GOVERNOR'S HORSE GUARD EXEMPTED FROM JURY DUTY. No. 121. An Act to exempt from jury duty one hundred members of the Governor's Horse Guard, of Atlanta. Section I. The General Assembly of Georgia do enact , That one hundred members of the Governor's Horse Guard, of the city of Atlanty, shall be exempt from jury duty in the City Court of Atlanta and the courts of Fulton county and of DeKalb county, including Justice Courts, under such rules, regulations and requirements as may be established under the constitution and by-laws of said company. One hundred members exempted. Sec. II. That a correct list of said exempted members shall be kept on file in the Clerk's office of the Superior Court of Fulton and

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DeKalb counties, which lists shall be certified to be correct by the commanding officer and first sergeant of said company. Lists of exempt members. Sec. III. Repeals conflicting laws. Approved August 25, 1885. HEAD-RIGHT LAW IN FRANKLIN COUNTY. No. 143. An Act to repeal an Act entitled an Act to repeal all laws relating to head-rights so far as they apply to Franklin county, approved December 14, 1859, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act to repeal all laws relating to head-rights, so far as they apply to Franklin county, approved December 14, 1859, be, and the same is hereby repealed. Head-right laws restored. 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, 1885. SALE, ETC., OF SEED COTTON IN EARLY COUNTY. No. 145. An Act to prohibit the buying or selling of seed cotton in the county of Early, in 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, it shall be unlawful for any person to buy or sell seed cotton in the county of Early, in this State. Sale, etc., seed cotton prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person violating this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 4, 1885.

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EFFINGHAM HUSSARS EXEMPTED FROM ROAD DUTY. No. 146. An Act to exempt from road duty the officers and members of the Effingham Hussars, a military organization of Effingham 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 Effingham Hussars, a volunteer military company of Effingham county, State of Georgia, be, and they are hereby made exempt from road duty in said county; Provided , that said exemption shall be confined to the regular active uniformed members of said company, 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 from road duty unless his name appears on said certified roll. Exempted from road duty. Limit of exemption. List to be furnished. 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, 1885. SOUTHERN CADETS' EXEMPTION FROM JURY DUTY. No. 154. An Act to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb. Section I. Be it enacted by the General Assembly of the State of Georgia That fifteen (15) honorary members of the Southern Cadets, a volunteer military company in the county of Bibb, be exempted from all jury duty in the county of Bibb upon the conditions hereinafter prescribed. Fifteen honorary members exempted. Sec. II. Be it further enacted by the authority aforesaid , That during the first ten (10) days in January 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 exempt, and within ten (10) days after such selection file with the Clerk of the Superior Court, and with the Judge or Clerk of such other court or courts as have jury trials, a list of those so selected, which said list is to be certified by the commanding officer. Selection of. List to be filed.

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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 or by-laws of said Southern Cadets, said company shall drop said member from the exempt list, and so notify the Clerk of the Superior Court and the other courts wherein said lists have been filed; whereupon the exemption of such member or members shall instantly cease. Changes in list. Sec. IV. Be it further enacted by said authority , That all laws and parts of laws militating against this Act, whether general, local or special, be, and the same are hereby repealed. Approved September 4, 1885. CONTROL, ETC., OF DRAINS, ETC., IN CHATHAM COUNTY. No. 164. An Act vesting and establishing, in the county of Chatham, a right-of way in and to all drainage canals, public drains and ditches in Chatham county, outside of the corporate limits of the city of Savannah, now used or which may hereafter be acquired and used for public drainage and sanitary purposes, and placing the same under the control and management of the county commissioners of said county, and conferring upon them full power to regulate and control the manner of connecting therewith upon the part of persons owning lands adjacent thereto or through which the same may run by trunks, culverts, etc., and also empowering the county commissioners to compel land-owners, through whose lands drain ditches have been dug connecting with said drainage canals, public drains and ditches, to keep the same open and in good order in their respective holdings; also empowering the county commissioners to compel the owner or owners of all toll roads in said county to keep the ditches paralleled to and bordering on their respective roads open and in good condition, and upon failure of the owner or owners of lands or of toll roads so to do, authorizing the said county commissioners, after ten days' notice of such default to the owner or owners thereof, or his or their agent, to have the necessary work done at the expense of said owner or owners, and to provide for the collection of the cost thereof, and fixing a penalty for all persons found guilty of injuring, obstructing or otherwise interfering with said drainage canals, public drains, ditches, etc., and a proviso reserving to the corporate authorities of the city of Savannah the right of drainage given by section 4854 of the Code of Georgia, and all other laws on the same subject, 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,

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the county of Chatham shall have a right-of-way in and to all the drainage canals, public drains and ditches in said county, outside of the corporate limits of the city of Savannah, now used or which may hereafter be acquired and used for public drainage and sanitary purposes. Right of county to drains, etc., without Savannah. Sec. II. Be it further enacted by the authority of the same , That the control and management of said drainage canals, public drains and ditches is hereby vested in the county commissioners of said county, and they are hereby empowered to regulate and control the manner of connecting therewith, upon the part of persons owning lands adjacent thereto or through which the same may run, by trunks, culverts, etc. Control vested in county commissioners. Powers of. Sec. III. Be it further enacted by the authority of the same , That the county commissioners of said county be, and they are hereby authorized to compel all persons, through whose lands drain ditches have been dug by the owners thereof, connecting with said drainage canals, public drains or ditches, to keep the same open and in good order and in harmony with the general system of drainage in said county. Care of drains, etc., on private lands. Sec. IV. Be it further enacted by authority of the same , That the county commissioners of said county be, and they are hereby authorized to compel the owner or owners of all toll roads in said county to keep the ditches paralleled to and bordering on their respective roads open and in good condition. Along toll roads. Sec. V. Be it further enacted by the authority of the same , That, upon failure of the owner or owners of lands or of toll roads to do as provided in sections three and four of this Act, the county commissioners be, and they are hereby authorized, after ten (10) days' notice of such default to the owner or owners thereof, or his or their agent, to have the necessary work done at the expense of said owner or owners, and upon the completion of said work the said county commissioners shall issue their execution for the cost thereof against the owner or owners of said lands or toll roads, which shall be levied upon the property of said owner or owners, and the same shall be advertised and sold under the same rules and regulations as govern judicial sales. Failure to use, care required above. Sec. VI. Be it further enacted by the authority of the same , That any and all persons, who shall injure, obstruct or otherwise interfere with any of said drainage canals, public drains or ditches, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the City Court of Savannah shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for injury, etc., to drains, etc. Sec. VII. Be it enacted by the authority of the same , That none of the sections of this Act shall be construed to deprive the corporate authorities of the city of Savannah of the right to have, hold, construct or maintain in their own right any ditches, sewers, drains or other work anywhere in the county of Chatham for the purpose of drainage in and around the said city for sanitary or other purposes, nor to deprive the said corporate authorities of any rights or privileges

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given them under section 4854 of the Code of Georgia, or under any other Act or law of this State. Certain rights of Savannah preserved. Sec. VIII. Be it further enacted by the authority of the same , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 5, 1885. COURT-HOUSE TAX IN NEWTON COUNTY. No. 167. An Act to authorize the board of commissioners of Newton county to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding five years, for the purpose of meeting the indebtedness incurred by reason of building a new court-house in said 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, that the board of commissioners of roads and revenues of Newton county be, and they are hereby authorized to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding five years, beginning with the year 1885, for the purpose of meeting the indebtedness incurred by reason of building a new court-house for said county of Newton. Amount of tax. Time. Purpose. 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 hereby repealed. Approved September 10, 1885. REGULATING BURIALS IN MACON. No. 211. An Act to prohibit the burying of deceased persons within a radius of one mile of the source of the water supply of the city of Macon; to prescribe a penalty for the violation of the same, and for other purposes. Section I. Be it enacted, by the General Assembly of this State, and it is hereby enacted by authority of the same , That from and after the passage of this Act, it shall be unlawful to inter or bury the body of any deceased person within a radius of one mile of what is known as Tuft's Springs, the present source of the water supply of the city of Macon, in the county of Bibb. Burials near source of water supply prohibited.

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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 therefor shall be punished as prescribed in section 4310 of the Code. Penalty. Sec. III. Be it further enacted by the authority aforesaid , That before this Act shall become operative, the Macon Gas Light and Water Company, of the city of Macon, being the corporation now furnishing the water supply of said city, shall purchase one acre of land within a mile of the present burying-ground near said springs, and set apart the same for burying purposes for the colored people of said county of Bibb, taking title thereto in trustees, for the uses and purposes aforesaid forever, and filing a deed therefor in the Clerk's office of the Superior Court of said county. On filing the deed aforesaid, this Act shall immediately become operative. In case said company shall decline to procure said lot, then no right shall be given or taken away by this Act in any way. When Act may take effect. 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 October 5, 1885. PAY OF ELECTION MANAGERS IN EARLY COUNTY. No. 212. An Act to provide compensation for all managers and clerks of general and special elections held in Early 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 and clerks of general and special elections held in Early county shall each receive for their services in holding said elections two dollars per day. Pay of managers, etc. Sec. II. Be it further enacted , That all managers and clerks 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. Presentation and auditing of bills. 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 5, 1885.

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TAX ON SHOWS, ETC., IN NEWNAN. No. 215. An Act to prevent county authorities from levying and collecting a tax from persons giving theatrical, musical, histrionic and elocutionary exhibitions hereafter in the city of Newnan, Coweta county, Georgia. 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 neither the Ordinary nor any other county authority in the county of Coweta, in this State, shall have power to levy or collect a tax from persons giving theatrical, musical, histrionic and elocutionary exhibitions in the city of Newnan, in said county. County tax on shows, etc., prohibited. Sec. II. Be it further enacted by said authority , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 5, 1885. PAY OF ELECTION MANAGERS, ETC., IN MUSCOGEE COUNTY. No. 242. An Act to provide for the compensation of managers and clerks in all national, State and county elections in Muscogee 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 board of commissioners of roads and revenue of the county of Muscogee are authorized and empowered to pay out of the treasury of said county, in their discretion, to managers and clerks in all national, State and county elections in said county, not exceeding three dollars each for each election to those serving at the city precincts, and not exceeding two dollars each for those serving at the country precincts. Pay 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 October 6, 1885.

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SALE OF COURT-HOUSE, ETC., IN RICHMOND. No. 247. An Act to repeal the Act of December 19, 1819, authorizing the Inferior Court of the county of Richmond to sell and dispose of the court-house of said county, and the lot appurtenant, as well as all property belonging to the said Inferior Court, and the Act, approved December 13, 1820, vesting the government and regulation of the court-house and jail of Richmond county in the mayor and city council of the city of Augusta, and appointing them sole commissioners of the court-house and jail of said county so far as to authorize a recision of the contracts made pursuant to said Act, and particularly that of March 1, 1819, under which the city council of Augusta obligated itself to furnish for the use of the county of Richmond forever a good, substantial and convenient court-house for the accommodation of the Superior and Inferior Courts and the Court of Ordinary of said county, such recision to be upon terms agreed upon between the said city council of Augusta and the said county commissioner of Richmond county; also to authorize and empower the said county commissioner of Richmond county and his successors in office to issue coupon bonds, to an extent not to exceed ten thousand dollars, for the purpose of vesting title in the county to the real estate and improvements now used as a city hall and court-house, and to provide for the creation of said county debt and the payment of the same, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, so much of the Act of December 19, 1819, as authorized the Inferior Court of Richmond county to sell and dispose of the court house of said county, and the lot appurtenant, as well as all the property belonging to said Inferior Court, and so muchof the Act, approved December 18, 1820, as vested the government and regulation of court-house and jail of Richmond county in the mayor and city council of the city of Augusta and appointing them sole commissioners of the court-house and jail of said county, be, and the same is hereby repealed so far as to authorize a recision of the contracts made pursuant to the said Acts, and particularly the contract of March 1, 1819, under which the city council of Augusta obligated itself to furnish for the use of the county of Richmond forever a good, substantial and convenient court-house for the accommodation of the Superior and Inferior Courts and the Court of Ordinary of said county, such recision to be upon the terms to be agreed upon between the said the city council of Augusta and the county commissioners of Richmond county, and such recision, when made, and any new contract in lieu thereof as to procuring and furnishing a court-house, shall be valid and binding upon the parties thereto. Act of Dec. 19, 1819, partially repealed. And of Act of Dec. 18, 1820. Recision of contracts under said Acts authorized. Terms of.

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Sec. II. Be it further enacted by the authority aforesaid , That when change of the existing state of affairs, as authorized by section first of this Act, takes place, and it becomes necessary, in the opinion of the county commissioner of the county, either to purchase or afterwards to improve said lot and court-house, or both, and the county should not have means for this purpose in the treasury, the county commissioner of Richmond county and his successors in office are hereby authorized to issue coupon bonds, to an extent not to exceed ten thousand dollars and sell the same, for the purpose of vesting absolute title in the county to the real estate and improvements in the city of Augusta now used as a city hall and court-house, or the improvement of the same, or both, the rate per cent. duration and face-value of each bond, together with all other details of said issue to be in the discretion of said commissioners. Bonds may be issued when Amount and purposes, etc. Sec. III. Be it further enacted by the authority aforesaid , That the county commissioner of Richmond county shall submit the question of the issue of said bonds to the qualified voters of said county, at an election held for that purpose, and upon the assent of two-thirds thereof voting thereat, he shall proceed to issue said bonds, if necessary, and shall annually thereafter assess a tax sufficient to pay the interest thereon and to create a sinking fund to meet the principal at maturity. Election on question of issue. Tax. 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 October 6, 1885. COURT-HOUSE BONDS FOR CHATHAM COUNTY. No. 275. An Act to authorize and empower the commissioners of Chatham county and ex-officio Judges to issue coupon bonds to an extent not to exceed fifty thousand ($50,000) dollars, bearing interest not exceeding six (6) per centum per annum, payable semi-annually, for the purpose of adding to and improving the present court-house of said county; to provide for the creation of said county debt and the payment of the same, and for other purposes connected therewith. 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, in an amount not to exceed the sum of $50,000, bearing interest not to exceed the rate of six per centum per annum, payable semi-annually

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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 said commissioners, and the coupons to be signed by the County Treasurer; that said bonds shall be made of such denominations as the commissioners may deem most advantageous for negotiation, and payable at such time, not exceeding 30 years from date, as the commissioners may deem best; the said commissioners shall keep a record of the number, description and denomination of all the bonds issued under this Act, and the said bonds shall be used solely for the purpose of adding to and improving the court-house of Chatham county, and shall not be disposed of by said county commissioners for less than their par value. Bonds. Amount, etc. Preparation signing, etc., of bonds. Record of. Use of. Sec. II. Be it further enacted , That said coupons and bonds, 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 said county. Payment of. 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 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 tax now required to be levied and allowed by law for county and other purposes as shall be sufficient to produce a sum not exceeding five thousand dollars annually, for the purpose of the payment of said interest, and to provide such sinking fund for the final redemption and payment of said bonds, the said tax shall be separately levied and shall be used for and applied to no other purpose whatever than those before stated, and shall be collectable at the same time and in the same manner as other county taxes are now collected. Interest and sinking fund. Tax. 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 or by redemption at their face value and accrued interest of said bonds, to the amount of one thousand dollars in each year, the said bonds to said amount to be drawn by lot by the said commissioners at such time in each year as they may deem best, 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 or redemption of the said bonds issued under and by virtue of this Act, and each and every bond so purchased or redeemed shall be cancelled by an endorsement plainly entered on the same by at least three of said commissioners 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 it shall be the duty of the said commissioners to keep an accurate and complete

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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. Redemption, etc., before maturity. Destruction of redeemed bonds. Record of, etc. 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, or said commissioners shall be empowered to invest said surplus in any other solvent stocks or bonds. Loans from sinking fund 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. Registry of bonds. Transfer of, etc. Sec. VII. Be it further enacted , That should a balance be on hand from the proceeds of the sale of said bonds after completing said work on the court house, it shall be lawful for said commissioners to cover said surplus into the County Treasury for county purposes. Disposition of surplus. Sec. VIII. 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. This Act to be a contract. 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.

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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 issue of bonds. Regulations for. Returns. Ballots. Effect of election. Notice. 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 October 7, 1885. ENTRY, ETC., ON LANDS OF ANOTHER IN PUTNAM COUNTY. No. 280. An Act to make it unlawful for nay person to willfully enter, go upon or pass over the lands of another in the county of Putnam, State of Georgia, without consent of the owner or person entitled to the possession thereof for the time being; to provide a punishment therefor, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the first day of January next, it shall not be lawful for any person to willfully enter, go upon or pass over the lands of another in the county of Putnam, in said State, without the consent of the owner or person entitled to the possession thereof for the time being. Entry, passing over, etc., without consent prohibited. Sec. II. Be it further enacted by the authority aforesaid , That any person who shall violate the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of this State; Provided , that nothing in this Act contained shall be so construed as to prohibit persons in said county from using the public roads or lawful private ways in said county, or from going into the yards, or from passing over the usual and necessary approaches to dwelling-houses in said county on social visits or on business, or to store-houses or other places of business. Penalty. Proviso. 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 October 7, 1885.

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JUSTICES' COURT-HOUSES IN BARTOW COUNTY. No. 294. An Act to provide a justice court-house in each militia district in Bartow county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That when any Grand Jury of the Superior Courts of Bartow county shall so recommend, the commissioners of roads and revenues of said county may, as soon thereafter as practicable, provide, either by building, purchasing or otherwise, a suitable justice court-house in each militia district in said county, at the usual place of holding justice courts therein, or such other place as may hereafter be established by law, and furnish the same with stoves, seats, desks and such other furniture as they may find necessary for the proper administration of justice, and the necessary amount of money therefor shall be raised by a tax upon the property of said county, which shall be levied, collected and paid out in the same manner as taxes for other county purposes are now or may hereafter be levied, collected and paid out. Courthouses may be provided, when Where. Furniture of. Tax for. 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 October 7, 1885. SALE OF BEEF, MUTTON AND PORK IN DODGE COUNTY. No. 298. An Act to regulate the selling, bartering and delivering of beef, mutton and pork in the county of Dodge, and to prescribe and fix a penalty for a violation of the same, 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 , That from and after the passage of this Act, it shall not be lawful for any person to sell, expose for sale, barter or deliver in the county of Dodge any fresh beef, mutton or pork, unless the head and ears and hide of such beef, or the head and ears of such mutton or pork, showing the mark and brand of such beef or the mark of such mutton or pork, shall at the time of such sale, exposing for sale, bartering or delivering be exhibited to any person demanding or asking to see the same by the person so selling, exposing for sale, bartering or delivering such beef, mutton or pork, nor shall any person sell expose for sale any fresh beef, mutton or pork in said county of

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Dodge during the night between the hours of sunset in the evening and daylight in the morning; Provided , nothing in this section shall apply to any merchant or person keeping a regular market-house in the prosecution of their regular business. Sale, etc., of beef, mutton and pork regulated. Proviso. Sec. II. Be it further enacted by the authority aforesaid, and it is hereby enacted , That from and after the passage of this Act, every butcher or person keeping a market, butcher-pen or slaughter-house or engaging in the business of selling fresh beef, mutton or pork in said county of Dodge shall keep a record of the marks and brands of all cattle or beeves and the marks of all sheep and hogs purchased by such butcher or person keeping such butcher-pen, market or slaughter-house, or engaging in such business of selling fresh beef, mutton or pork, showing the date of purchase of every beef, sheep or hog by him or them, and the name of the person from whom the same was purchased, and shall make return of such record, sworn to be true and correct before some officer of said county authorized to administer oaths, to the Ordinary of said county on or before the first Monday of the month next after the date of purchase, and said Ordinary shall file the same in his office to be there kept subject at all times to the inspection of any person demanding the same. Records by butchers, etc. Returns of record, etc. Sec. III. Be it further enacted by the authority aforesaid, and it is hereby enacted , That any person violating any of 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 Georgia of 1882 for every such offense. Penalty. Sec. IV. Be it further enacted by the authority aforesaid, and it is hereby enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 7, 1885. SALE OF SEED COTTON IN LINCOLN COUNTY. No. 309. An Act to prevent the sale, barter, exchange or payment of cotton in the seed by tenants or croppers or farm laborers, without the written consent of the owner of the land whereon such product is raised, in the county of Lincoln, and to provide a penalty for violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State , That no tenant or cropper or farm laborer shall, after the passage of this Act, sell, barter, exchange or pay to any person any cotton in the seed, raised on the farm where he is such tenant or cropper or farm laborer, without the written consent of the owner of the land whereon said product is raised, in the county of Lincoln, and if such sale, barter, exchange or payment is made, such tenant, cropper or farm laborer

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and the person receiving said farm product in either of the mode above enumerated shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of this State. Sale by tenants, etc., without consent of land owner prohibited. Penalty. Sec. II. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1885. HEAD-RIGHT LAW IN CAMDEN COUNTY. No. 373. An Act to repeal an Act entitled an Act to repeal all laws and parts of laws authorizing the issue of land warrants under head-rights in Camden county, and to provide for the opening of the land office, 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 to repeal all laws and parts of laws authorizing the issue of land warrants under head-rights from the land court of Camden county, approved February 26th, 1877, be, and the same are hereby repealed. Act of Feb. 26th, 1877, repealed. Sec. II. Be it further enacted , That all laws and parts of laws of force in the county of Camden immediately prior to said recited Act, and which were thereby repealed with reference to head-rights and the granting and issuing of warrants for the same, and the land court and land office for the same, be, and the same are hereby reenacted, and all laws with reference to head-rights shall be of the same force in the county of Camden as if said repealing Act had not been passed. Head-right laws re-enacted. 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 13, 1885. CONFEDERATE MONUMENT AT NEWNAN. No. 407. An Act to authorize the board of commissioners of roads and revenues for Coweta county to pay out of the county treasury to the Ladies' Memorial Association of said county the sum of five hundred dollars to aid in the erection of a monument to the Confederate dead in the city of Newnan, Ga. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the board of commissioners

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of roads and revenues for Coweta county be, and are hereby authorized to pay out of the county treasury of Coweta county to the ladies of the memorial association of said county the sum of five hundred dollars to aid in the erection of a monument to the Confederate dead. County commissioners authorized to donate certain sums. Sec. II. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1885. PURCHASE AND SALE OF COTTON AND GRAIN IN GREENE COUNTY. No. 408. An Act to require merchants doing business in Greene county to keep a book of record for public inspection, in which they shall enter the names of persons from whom they have purchased cotton (in less than bale lots), corn and wheat, the quantity sold, and the date when purchased, and to provide a penalty for a failure to keep such a record. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is herby enacted by the authority of the same , That it shall be, from and after the passage of this Act, unlawful for any merchant doing business in Greene county to purchase cotton (in less than bale lots), corn and wheat, without entering the names of the persons from whom purchased, the time when bought, and the quantity sold, in a book of record that shall be kept in some place accessible to and open to public inspection. Merchants to keep record. What it must show. Sec. II. Be it further enacted , Should any merchant violate the provisions of the foregoing section, he shall be guilty of a misdemeanor, and on conviction be punished by a fine not exceeding one hundred dollars. 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 October 15, 1885.

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SOUTHERN RIFLES' EXEMPTION FROM JURY DUTY. No. 409. An Act to grant to the Southern Rifles, a volunteer military company of Talbot county, Georgia, certain exemptions from jury duty, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That there shall be exempt from jury duty (10) ten active members of the Southern Rifles, a volunteer military company of the county of Talbot. Ten active members exempt. Sec. II. Be it further enacted , That at any regular meeting of said company may elect (10) ten active members, and the said active members so elected shall be exempt from jury duty in all the courts of said county, and when said members have been elected it shall be the duty of the captain of said company to have a list of said members so exempt prepared and put upon the roll book of the company, and shall file in the office of the Clerk of the Superior Court of said county a copy of such list certified under his hand as captain of the company, which said roll shall be subject to revision and changes by the captain of said company at any time, and no member shall be exempt from jury duty unless his name appears on said certified roll and the roll-book of the company. Selection of. List to be filed. Changes in. Sec. III. That a certificate, certified to by the captain, shall be received as evidence of such exemption in all other courts in said county, except the Superior Court, and the holder of said certificate shall be exempt from jury duty; Provided , the name of such person holding the same appears on the roll of said company as having been duly elected. Captain's certificate. Sec. IV. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1885.

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Part IV.Private Laws. ACTS. Payment of Executive warrants to T. W. Grimes. For relief of L. C. Perry and H. P. Howard. Amending Act granting privileges to R. C. Mitchell Co. For relief of Geo. C. Norris. For relief of D. K. Walker. J. T. Warren allowed to peddle without license. PAYMENT OF EXECUTIVE WARRANTS TO T. W. GRIMES. No. 58. An Act to provide for the payment of two Executive warrants held by Thomas W. Grimes, of the county of Muscogee. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one hundred and twenty-five dollars be, and the same is hereby appropriated to pay two Executive warrants for sixty-two dollars and fifty cents each, issued for the third and fourth quarters' salary, 1883, of Thomas W. Grimes, of the county of Muscogee, as Solicitor-general of the Chattahoochee Circuit, the former appropriation for which reverted to the treasury on account of failure to present the same for payment within the time prescribed by law. Money appropriated for T W. Grimes. Sec. II. Be it further enacted , That the Comptroller-general is authorized and directed to approve and countersign said warrants, and that on presentation the Treasurer is authorized and directed to pay the same out of any funds in the treasury not otherwise appropriated. How to be 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 23, 1884.

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FOR RELIEF OF L. C. PERRY AND H. P. HOWARD. No. 63. An Act to relieve Lewis C. Perry and H. P. Howard, sureties on the penal bond of John P. Padgett, and for other purposes. Whereas, On the day of December, 1882, a final judgment of forfeiture of the bond of John P. Padgett was entered against said John P. Padgett and his sureties, to-wit, Lewis C. Perry and H. P. Howard, said Padgett being charged with the offense of assault with intent to murder, in the Superior Court of the county of Laurens; and Preamble. Whereas, Said sureties were prevented from producing the body of said John P. Padgett at the court at which said judgment of forfeiture was rendered, because the said John P. Padgett was at that time unable to attend court; and Whereas, Since said judgment was rendered forfeiting said bond as aforesaid, the said John P. Padgett has returned to court and has been placed upon trial, pleaded guilty to the offense of an assault and has paid the penalty in full imposed upon him by the court; and Whereas, The Solicitor-general and the other officers of court are proceeding against the 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: Section I. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That said Lewis C. Perry and H. P. Howard, 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. Sureties on bond of J. P. Padgett relieved. 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 23, 1884.

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AMENDING ACT GRANTING CERTAIN PRIVILEGES TO R. C. MITCHELL CO. No. 73. An Act to amend an Act entitled an Act to amend an Act entitled an Act to grant to R. C. Mitchell Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton. Section I. Be it enacted by the General Assembly of the State of Georgia , That said above-recited Act, approved September 13, 1881, be amended by striking the word rights from the sixth line of section second of said Act and inserting in lieu thereof the word duties, so that said proviso will read when amended: Provided, nevertheless , that nothing herein contained shall be construed to give them the right to interfere with the duties of any present or any future clerk, etc. Act of Sept. 13th, 1881, 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 24, 1884. FOR RELIEF OF GEORGE C. NORRIS. No. 124. An Act for the relief of George C. Norris. Whereas, George C. Norris, formerly a member of company I, 61st regiment Georgia volunteers, who lost an arm above the elbow, at the battle of Gettysburg, was temporarily absent from this State at the time of the payment to maimed soldiers of the amounts appropriated by the Act of 1879: Preamble. Section I. Be it therefore enacted by the General Assembly of the State of Georgia , That the sum of sixty dollars be, and the same is hereby appropriated to pay to said George C. Norris the amount allowed him under said Act in place of the artificial arm thereby allowed. Appropriation for artificial arms. 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, 1885.

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FOR RELIEF OF D. K. WALKER. No. 191. An Act for the relief of D. K. Walker, of the county of Upson, and for other purposes. Whereas, D. K. Walker, of Upson county, Georgia, applied to the county commissioners of Upson county, in 1884, for license to sell spirituous liquors in Upson county; and Preamble. Whereas, Said Walker, under a misapprehension of the law, registered his name with the Ordinary of Upson county as a liquor dealer, thinking that necessary to obtain license; and Whereas, The said county commissioners refused to grant said license, and the Tax Collector of said county collected said tax because said Walker had so registered; and Whereas, Said Walker has never, in fact, sold spirituous liquors: therefore Section I. Be it enacted by the General Assembly of the State of Georgia , That the Treasurer of said State pay to said D. K. Walker the sum of twenty-five dollars, the amount so paid out by him, which sum shall be paid out of the money in the treasury to be apportioned for the support of the common schools of this State. License fee refunded. Section II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 23, 1885. J. T. WARREN ALLOWED TO PEDDLE WITHOUT LICENSE. No. 277. An Act to allow J. T. Warren, a one arm citizen of Gordon county, Georgia, to peddle in this State without license. Section I. Be it enacted by the General Assembly of this State , That from and after the passage of this Act, J. T. Warren, a one arm citizen of Gordon county, State of Georgia, be, and is hereby authorized to peddle in this State without first obtaining license as required by law. Right to peddle free granted. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 7, 1885.

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Part V.Resolutions. RESOLUTIONS. Index to Journals of 1884 Prolonging session of General Assembly. Re-assuring colored citizens of equal rights. Relief of securities of Tax Collector of Polk county. Authorizing Governor to borrow money for deficiencies. Recess of General Assembly. Printing public Acts session of 1884. Settling account of Tax Collector, Floyd county. Requesting branch mint at Dahlonega, Georgia. Appointing committee as to portrait of A. H. Stephens. Appointing committee as to portrait of C. J. Jenkins. Requesting return of House bill No. 52. Signing bills after adjournment General Assembly. Advance pages Journals to be furnished J. T. Taylor. Service of process, etc., on lands in Macon ceded United States. Arms for Bowdoin College. For relief of P. H. Herring. Mileage at adjourned session. Relief of W. A. Gillespie and W. A. Gillespie, Jr. Precautionary measures against Asiatic cholera. Expenses laying corner-stone New Capitol. Pay for index to Journals session 1885. Carpeting for legislative halls. Furniture for office Principal Keeper Penitentiary. Removal of obstructions in Oconee river. Sale of Georgia State Lottery property. Adjustment of claims between State and Marietta and North Georgia Railroad. Sale of Southern and Atlantic Telegraph stock, etc. Publication of public laws 1884-5. Return of its deposit to Columbus Insurance and Banking Company. Relief of John Loyd. Relief of Royal Insurance Company. Relief of London and Lancashire Insurance Company. Relief of Cotton States Life Insurance Company. Relief of Tax Collector and sureties of Newton county for 1883 and 1884. Relief of George W. Hammock. Pay to joint committee on Lunatic Asylum. Use by Marietta North Ga. R. R of right-of-way of W. A. R. R. Relief of the Maryland Life Insurance Company. Printing certain copies of Commonwealth of Georgia. Providing for delivery of new four and a half per cent. bonds. Correcting mistake in copy of tax bill for 1885 6. Relief of Merchants' Insurance Company.

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Relief of Wm. J. Alman. Respecting repeal of Internal Revenue Laws. Investigation of increase of lunacy. Change of gauge of W. A. R. R. Relief of London Assurance Corporation. Exemption from tax of exhibits at certain fairs. Relief of John H. Cooper, A. C. Heggie, and others. Relief of F. Moss. Concerning the Trezevant claim. Relief of G. W. Hughes. INDEX TO JOURNALS OF 1884. No. 1. Resolved by the House of Representatives, the Senate concurring , That Jackson T. Taylor, of the county of Fulton, be, and he is hereby authorized to make an index for the House and Senate Journals for the present session of the General Assembly, and that for this purpose the State Printer is requested to furnish him advance sheets of both Journals so soon as printed in order to avoid delay in the publication of said Journal. J. T. Taylor authorized to index Journals. Approved December 2, 1884. PROLONGING SESSION OF GENERAL ASSEMBLY. No. 2. Resolved by the House of Representatives, the Senate concurring and two-thirds of both Houses agreeing thereto , That the present session of the General Assembly be, and the same is hereby prolonged beyond the first forty days for such length of time as may be necessary to transact the public business of the State. Session of General Assembly prolonged. Approved December 12, 1884. RE-ASSURING COLORED CITIZENS OF EQUAL RIGHTS. No. 3. Whereas, Unscrupulous politicians are engaged in an effort, through misrepresentations and false statements, to disturb the present harmonious relations existing between the white and colored races in the State of Georgia and in the South, and by such misrepresentations and false seatements have excited among the colored

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people some vague and incorrect apprehensions as to the practical results of democratic rule upon their race: Therefore be it resolved by the General Assembly of Georgia , That this body, representing the people of the State, hereby expresses its condemnation of all attempts to excite the fears of the colored people, and declares its conviction that under a democratic administration of national affairs, as is the case under State democratic administration, the fullest protection of the laws will be afforded all citizens, without regard to color, and no legal rights now granted to them will in any way be abridged or destroyed. Colored citizens reassured of equal rights. Approved December 12, 1884. RELIEF OF SECURITIES OF TAX COLLECTOR OF POLK COUNTY. No. 4. Be it resolved by the House of Representatives, the Senate concurring , That W. C. Barber, W. R. Beck, A. Huntington and M. V. B. Ake, securities upon the bond of L. B. York, Tax Collector of the county of Polk, 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 for the year 1878, 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 of L. B. York relieved from penalty. Approved December 20, 1884. AUTHORIZING GOVERNOR TO BORROW MONEY FOR DEFICIENCIES. No. 5. Resolved by the House of Representatives, the Senate concurring , That whenever it shall become necessary, at any time previous to the meeting of the next General Assembly, to borrow money for any of the purposes specified in paragraph 1, section 3 of article 7 of the constitution, the Governor, H. D. McDaniel, shall be, and is hereby authorized to borrow, on the best terms he can, a sum of money not exceeding two hundred thousand dollars, and the money so borrowed shall be used for the purposes so specified, and no other; Provided , that not more than two hundred thousand dollars shall be borrowed to supply existing casual deficiencies in the revenue in any one year. Governor authorized to borrow money. Limit on amount. Approved December 18, 1884.

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RECESS OF GENERAL ASSEMBLY No. 6. Resolved by the Senate and House of Representatives , That on the 20th of December, 1884, the General Assembly do take a recess until the second Wednesday in July, 1885, to re-convene on that day at ten o'clock a. m. for the purpose of finishing the public business. Recess from Dec. 20th, 1884, to second Wednesday in July, 1885. Approved December 20, 1884. PRINTING PUBLIC ACTS OF 1884. No. 7. Resolved by the General Assembly of Georgia , That Henry H. Cabaniss be authorised to print the public Acts of the present session of the General Assembly, and that the Secretary of State be authorized and directed to deliver to said H. H. Cabaniss the manuscript copies of the public Acts, as aforesaid, to be returned in good condition. H. H. Cabaniss authorized to print. Resolved , That the Governor is hereby authorized to purchase from H. H. Cabaniss six hundred copies of the pamphlet containing these Acts, and that the State Librarian be directed to send a copy each to the members of the General Assembly, and to the public officers of the State who have heretofore been supplied. Copies to be bought for State. Resolved , That the price to be paid for the pamphlets shall not exceed fifty cents each, and that such sum as may be necessary is hereby appropriated for the purpose. Price. Approved December 23, 1884. SETTLING ACCOUNTS OF TAX COLLECTOR FLOYD COUNTY. No. 8. Whereas, A fi. fa. , issued by the Comptroller-general against J. J. Black, T. C., Floyd county, for year 1883, is still pending, upon which the principal has been paid; and Preamble. Whereas, The amount for which said fi. fa . was issued was an amount represented by fi. fas . issued by said collector, and in the hands of the Sheriff and other officers according to requirements of law; and Whereas, That, owing to the delay of said officers and other causes for which said Black is not responsible, said Black is not a defaulter as contemplated by law: therefore,

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Be it resolved , That the Comptroller-general is hereby authorized and empowered to settle the account of said Black, Tax Collector of said county, upon the payment by said Black of all costs that may have accrued by the issuing of said fi. fa . by the Comptroller-general. Comptroller General authorized to settle. Approved December 23, 1884. REQUESTING BRANCH MINT AT DAHLONEGA. No. 9. Resolved by the General Assembly of the State of Georgia , That our Senators and Repsesentatives in the Congress of the United States be, and they are hereby requested to exert their influence in securing the establishment of an assay office or branch mint at Dahlonega, in Lumpkin county, for the coinage of gold. General government asked to establish branch mint. Resolved further , That the Governor of the State be requested to forward, as soon as practicable, copies of the foregoing report and resolution, to our Senators and Representatives in Congress. Approved December 23, 1884. APPOINTING COMMITTEE AS TO PORTRAIT OF A. H. STEPHENS. No. 10. Whereas, A resolution was agreed to by the General Assembly of 1882 and 1883, and approved by the Governor August 23, 1883, authorizing the appointment of a committee of one from the Senate and two from the House of Representatives to procure a life-size oil painting of Governor A. H. Stephens, to be placed in the hall of the House of Representatives as a testimonial of his distinguished services, and appropriating one thousand dollars (or so much thereof as may be needed, to pay for the same, and authorizing the Governor to draw his warrant on the Treasurer thereof; and Preamble. Whereas, Said committee was appointed, and in pursuance of the duty imposed on them by said resolution made a contract with Mrs. Gregory, of Atlanta, to paint said portrait; and whereas, Mrs. Gregory has painted said portrait and it is now ready for inspection and examination: therefore be it Committee appointed to examine portrait. Resolved by the House of Representatives, the Senate concurring , That a committee of one from the Senate and two from the House be appointed to examine said portrait and see if it is meritorious and worthy of acceptance by this General Assembly, and if, in their judgment, it is so, they are hereby authorized and empowered to accept the same for the State, and to make all necessary arrangements for having it hung in the hall of the House of Representatives.

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APPOINTING COMMITTEE AS TO PORTRAIT OF C. J. JENKINS. No. 11. Whereas, A resolution was agreed to by the General Assembly of 1883, and approved by the Governor 8th day of September, 1883, authorizing the appointment of a committee of one from the Senate and two from the House of Representatives to procure a life-size oil painting of ex-Governor Charles J. Jenkins, to be placed in the hall of the House of Representatives as a testimonial of the distinguished srevices which he rendered the State of Georgia, and appropriating one thousand dollars, or so much thereof as may be necessary, to pay for the same, and authorizing the Governor to draw his warrant on the Treasurer therefor; and whereas, said committee was appointed, and in pursuance of the duty imposed made a contract with Mr. P. P. Carter, of Greensboro, to paint said portrait; and whereas, Mr. P. P. Carter has painted said portrait and it is now ready for inspection and examination: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring , That a committee of one from the Senate and two from the House be appointed to examine said portrait and see if it is worthy of acceptance by this General Assembly, and if, in their judgment, it is so, they are hereby authorized and empowered to accept the same for the State, and to make all necessary arrangements for having it hung in the hall of the House of Representatives. Committee appointed to examine portrait. REQUESTING RETURN OF HOUSE BILL No. 52. No. 12. Resolved by the House, the Senate concurring , That his Excellency the Governor be requested to return to the House, House bill No. 52, which is a local bill, in order that an error in said bill may be corrected. Return of bill for correction requested. SIGNING BILLS AFTER ADJOURNMENT GENERAL ASSEMBLY. No. 13. Resolved by the Senate and the 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 session of the General Assembly at any time within forty-eight hours after the final adjournment thereof; Provided , such bills and resolutions shall have been reported as duly enrolled prior to such adjournment. President Senate and Speaker of House authorized to sign bills.

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ADVANCE PAGES JOURNALS TO BE FURNISHED J. T. TAYLOR. No. 14. Resolved by the House of Representatives, the Senate concurring , That the State Printer be, and he is hereby authorized and directed to furnish Jackson T. Taylor advance sheets of the Journals of the Senate and House of Representatives as the same are printed to facilitate him, the said Taylor, in making indexes therefor. J. T. Taylor to have advance sheets for indexing. Approved August 7, 1885. SERVICE OF PROCESS ON LANDS IN MACON CEDED UNITED STATES. No. 15. Whereas, The Act passed at the present session of the General Assembly, ceding to the United States Government jurisdiction over the land in the city of Macon, in this State, for the purpose of erecting a United States building thereon, fails to reserve to the State of Georgia the right of her officers to serve all civil and criminal processes therein; and Preamble. Whereas, It is usual in such cases to make such reservation: therefore Resolved by the Senate, the House of Representatives concurring , That it is the intention of the State of Georgia, in ceding the jurisdiction aforesaid to the United States Government, to make the reservation of the right of all her officers, authorized to execute civil and criminal process in said county and in the district in which said land is located, to serve and execute the same therein, and the said right is hereby expressly reserved to the State. Right of service of process reserved. Approved August 19, 1885. ARMS FOR BOWDOIN COLLEGE. No. 16. Resolved by the Senate and House of Representatives , That his Excellency the Governor be, and he is hereby authorized, at as early a day as practicable, to furnish to the president of Bowdoin College, in the county of Carroll, eighty (80) stands of arms, with accoutrements, for the use of the students of said college in the military exercises,

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said college having delivered up to the State at the commencement of the war between the States eighty (80) Enfield rifles. Governor authorized to supply arms. Approved August 29, 1885. FOR RELIEF OF P. H. HERRING. No. 17. Whereas, P. H. Herring, former Tax Collector of Decatur county, State of Georgia, did collect all the taxes due the State for the year eighteen hundred and eighty-three, and paid the same over to W. A. Wright, Comptroller general of the State of Georgia, aggregating the sum of ten thousand two hundred and seventy-one dollars and forty-six cents, and by mistake in calculation did remit to the Comptroller-general an excess of the amount actually due the State of one hundred and forty-two dollars and sixty cents; and Preamble. Whereas, P. H. Herring failed to forward to W. A. Wright, Comptroller-general, two receipts from the county school commissioner of Decatur county for tax paid him for the sum of thirty-eight hundred and nineteen dollars and ninety-six cents for the year eighteen hundred and eighty-three, and in consequence of such failure W. A. Wright, Comptroller-general, on the 13th day of September, eighteen hundred and eighty-four, cause to be issued an execution in favor of the State of Georgia against P. H. Herring and his securities on his said bond for the sum of thirty-eight hundred and nineteen dollars and ninety-six cents, principal, and the further sum of twenty per cent. penalty for the supposed failure of a discharge of duty as required in sections 909 and 910 of the Code, and the books of the Comptroller-general showing that the above one hundred and forty-two dollars and sixty cents is due said P. H. Herring, and it further appearing that the State has incurred twenty-five dollars lawyer's fees by reason of the supposed failure of the discharge of duty of the said P. H. Herring: therefore Be it resolved by the General Assembly of the State of Georgia , That the said P. H. Herring and his securities be, and the same are hereby relieved from the penalty aforesaid, and that the sum of one hundred and seventeen dollars and sixty cents be remitted to said P. H. Herring, Tax Collector as aforesaid, and the Governor is hereby authorized to draw his warrant on the Treasurer for said sum. Herring and securities relieved from penalty. Approved September 3, 1885.

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MILEAGE AT ADJOURNED SESSION. No. 18. Whereas, The present session of the Legislature, adjourned from the regular November session of 1884, was required by the exigencies of the public business: Preamble. Resolved by the House of Representatives, the Senate concurring , That mileage be paid the members of the General Assembly, the principal door-keeper 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. Mileage to be paid. Approved September 4, 1885. RELIEF OF W. A. GILLESPIE AND W. A. GILLESPIE, JR. No. 19. Whereas, The Comptroller-general did, on the 12th day of September, 1884, issue an execution against J. O. Christian, late Tax Collector of the county of Meriwether, as principal, and J. F. Ogletree, R. H. Magruder and Hope H. Tigner, as his securities for the sum of $2,013.86 which amount appeared to be due the State for taxes for the year 1883, and which amount said collector was ordered by the Comptroller-general, during the fall of 1883, to pay over to the school commissioners of said county as a part of the public school fund; and Preamble. Whereas, The said Christian did, about the 1st day of December, 1883, pay over to said commissioners the sum of $1 583.03, leaving a balance of $430.83 still due as aforesaid, and which was uncollected; and Whereas, The board of county commissioners did not allow said collector his insolvent list until late in the year 1884, and not until said school commissioners had paid off the teachers of the public schools for 1883, thereby preventing an earlier settlement of the matter, and the amount of uncollected tax being largely in excess of said list; and Whereas, Said school commissioner told said collector that the balance due would not be used by him in paying off said public teachers, as the same had been settled with, and that said balance of $430.83 need not be paid over until the same was actually collected, provided the same was collected in time to be used in paying off the public school teachers for 1884; and Whereas, The said J. O. Christian died very suddenly on the 9th day of September, 1884, leaving a large portion of said balance still

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uncollected, and which could not have been collected earlier by use of the utmost diligence, the fi. fas. having been placed in the hands of constables by said collector as directed by law; and Whereas, W. A. Gillespie and W. A. Gillespie, jr., administrators of J. O. Christian, did, on the 3rd day of March, 1885, pay to the attorney of the Comptroller-general the sum of $527.65, the same being the $430.83 due as aforesaid and $96.82 the 20 per cent. penalty imposed by law, which amount of $527.65, less $26.38 attorney's fees, has been paid to the Comptroller-general by his said attorney: therefore be it Resolved by the General Assembly of Georgia , That the Governor be, and he is hereby authorized and directed to draw his warrant on the treasury of said State for the sum of $70.44 in favor of W. A. Gillespie and W. A. Gillespie, jr., administrators of J. O. Christian, late Tax Collector of Meriwether county. Penalty to be remitted to securities. Approved September 4, 1885. PRECAUTIONARY MEASURES AGAINST ASIATIC CHOLERA. No. 20. Resolved by the House of Representatives, the Senate concurring , That the Governor be requested to issue his proclamation calling the attention of the municipal authorities of the cities and towns of this State to the importance of precautionary measures against the entrance and spread of Asiatic cholera, which is raging in epidemic form in the European countries at this time, and that each and every city and town in this State be placed in thorough and complete sanitary condition. Proclamation by Governor. Approved September 4, 1885. EXPENSES OF LAYING CORNER-STONE OF NEW CAPITOL. No. 21. Resolved , That the sum of five hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of the fund appropriated for the building of the new capitol for the purpose of defraying the expenses of the laying of the corner-stone of the capitol, said sum to be paid on Executive warrant, an itemized statement rendered therefor; Provided , that the capitol commissioners are of opinion that the expenditure is necessary in order to provide the necessary arrangements for the ceremonies; and provided , that the same can be done without an increase of the appropriation for the building of the capitol. Appropriation for expenses. Proviso. Approved October 3, 1885.

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PAY FOR INDEX TO JOURNALS SESSION 1885. No. 22. Be it resolved by the House of Representatives and Senate of the State of Georgia , That the sum of one hundred and fifty dollars be, and the same is hereby appropriated to pay Jackson T. Taylor for making indexes to the Journals of the House of Representatives and Senate for the present session of 1885, which shall include a list of the several members of each body with the pages on which all bills, motions or other action taken by each of them shall be referred to, and that the Governor shall draw his warrant for the same on any money in the treasury not otherwise appropriated on the certificate of the State Printer showing that the said Jackson T. Taylor has completed and delivered to him the said indexes. Appropriation for index. Approved October 6, 1885. CARPETING FOR LEGISLATIVE HALLS. No. 23. Resolved , That the sum of two hundred and sixteen dollars be, and the same is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purpose of paying for the matting, carpeting and other improvements in the halls and lobbies of the Senate and House of Representatives, to be expended by the Governor in settling the account due for such articles. Appropriation for carpeting. Approved October 6, 1885. FURNITURE FOR OFFICE PRINCIPAL KEEPER PENITENTIARY. No. 24. Whereas, The office of the Principal Keeper of the penitentiary of this State is deficient as to furniture necessary for the protection of the papers and records of said office: Preamble. Resolved , That the sum of two hundred dollars, or so much thereof as may be necessary, be appropriated for the purpose of purchasing the necessary furniture for said office, and the Governor of this State is hereby authorized to draw his warrant on the Treasurer of the same; Provided , that this sum, or so much as is necessary, be expended for the purpose aforesaid by the keeper of public buildings, and that the same be paid out of the hire of convicts. Appropriation for furniture. Approved October 5, 1885.

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REMOVAL OF OBSTRUCTIONS IN OCONEE RIVER. No. 25. Whereas, The Oconee river has been navigable between Milledgeville and the Central Railroad; and Preamble. Whereas, Navigation on said river between said points is now only prevented by obstructions in said stream; and Whereas, It is important to the commerce of this State that said stream be opened and put in navigable condition: therefore be it Resolved by this House, the Senate concurring , That our Senators and Representatives in Congress be, and they are hereby requested and urged to secure the necessary appropriations for having said obstructions in said river between said points removed, and said stream between said points put in navigable condition. Appropriation for Oconee requested. Resolved further , That copies of this resolution be furnished our Senators and Representatives in Congress. Approved October 5, 1885. SALE OF GEORGIA STATE LOTTERY PROPERTY. No. 26. Resolved by the House of Representatives, the Senate concurring , That the Governor be, and he is hereby authorized to convey to any person or corporation, who may become the purchaser, the property of the State known as the Georgia State lottery property, situate in the city of Atlanta, on the corner of Walton and Forsyth streets, for a sum to be fixed by him, not to be less than $15,000 net cash to the State; Provided , the purchaser or purchasers shall agree to pay off all outstanding claims and liens against said Georgia State lottery property of every description that the State is liable for, the State giving a quit-claim title to said property. Sale of Georgia State lottery property. Be it further resolved , That the Governor be authorized to sell any and all other property belonging to said lottery company, at private or public sale, as he may deem for the best interest of the State. Approved October 6, 1885.

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ADJUSTMENT OF CLAIMS BETWEEN STATE AND MARIETTA AND NORTH GEORGIA RAILROAD. No. 27. Be it resolved by the General Assembly , That should the Marietta and North Georgia Railroad, or its duly authorized officers, representatives or agents, proceed to build, construct and equip said railroad from its present terminus at Ellijay, in the county of Gilmer, to the North Carolina line, and shall furnish and equip the same within twenty months from the first day of January, 1886, and build on an average of not less than 1 miles per month thereafter, then the State agrees to fully release the said railroad company from the payment of the bonds of said railroad company and accrued interest of the same now held by the State in the following manner, viz.: For each and every one and a half miles so completed, if completed within the above specified time, the Governor is hereby authorized to credit upon the said bonds, now held by the State, $2,000, and whenever said road is completed to North Carolina line, if completed within the time specified, then the Governor is hereby authorized and directed to surrender to said railroad company all of the bonds of said railroad company now held by the State, discharging the mortgage held by the State, taking from said railroad company a full and complete release for all claims of said railroad company against the State, both equitable and otherwise, on account of the loss of convicts. Provision for settlement. Be it further resolved , That should said company fail to finish and equip said road as required in the preceding section on the first day of September, 1887, then this agreement on the part of the State as above set forth shall cease, determine, be void and of no effect, and the Governor of the State shall at once proceed to enforce the claim of the State for said unpaid interest by using the remedies prescribed by the Act of 1877, or such other legal remedies as may be deemed necessary in the premises. Failure of company to comply with terms. Resolved , That before this resolution shall become operative, the proper authority representing said Marietta and North Georgia Railroad Company shall file with the Governor a statement in writing and under oath accepting the proposition contained in this resolution in full and complete settlement of any and all claims or demands, equitable or otherwise, in favor of said company against the State, arising either in reference to the convicts granted to said company by any Act or resolution of the General Assembly passed at any time, or in reference to the loan made to said company by the Act of 1877, and setting forth in detail the arrangements they have made for the completion and equipment of said road within the time required by this Act, and should said sworn statement be satisfactory to the Governor, he shall cause the collection of the said interest on said bonds from first day of January, 1881, to first day of September,

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1887, to be suspended; Provided, nevertheless , that the principal of said bonds, and the interest to accrue on the same, shall be and remain until paid or surrendered, as herein provided, a valid and subsisting debt against said company, to be paid according to the contracts between said company and the State, with all the liens and priorities on said road and its property secured to and reserved by the State by any Act of the General Assembly and the modes of enforcing the same as set forth in said Acts. Proviso. Approved October 7, 1885. SALE OF SOUTHERN AND ATLANTIC TELEGRAPH STOCK, ETC. No. 28. Resolved by the House of Representatives, the Senate concurring , That his Excellency the Governor be, and he is hereby authorized to sell, at such time and in such manner as he may see proper, for cash, or on such other terms as the Governor in his discretion may see proper, the following described property belonging to the State, viz.: 440 shares of the capital stock of the Southern and Atlantic Telegraph Company, guaranteed by the Western Union Telegraph Company; one city lot in the city of Atlanta, known as the Blodgett lot. Sale authorized. Approved October 8, 1885. PUBLICATION OF PUBLIC LAWS OF 1884-5. No. 29. Whereas, The General Assembly, at the November session, 1884, authorized H. H. Cabaniss to publish the Acts of this General Assembly in pamphlet form, and authorized the Governor to subscribe for six hundred copies of the same; and Preamble. Whereas, His Excellency the Governor, 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 1884 and 1885, to be published by H. H. Cabaniss, and to draw his warrant on the Treasurer to pay for the same at not exceeding fifty cents per copy. H. H. Cabaniss, authorized to print and State to take copies. Resolved further , That the Librarian send a copy of the pamphlet to each of the several officers of the State who are by law entitled to receive a copy of the same, and also one copy to each member of the General Assembly. Pamphlets to be furnished State officers, etc. Approved October 8, 1885.

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RETURN OF DEPOSIT TO COLUMBUS INSURANCE AND BANKING COMPANY. No. 30. Whereas, The Columbus Insurance and Banking Company, of the State of Mississippi, did deposit with J. W. Renfroe, State Treasurer, bonds of the State of Georgia amounting to twenty-five thousand dollars, agreeably to an Act of the General Assembly, approved February 28, 1877; and Preamble. Whereas, The said Columbus Insurance and Banking Company did, on the 25th day of April, 1883, re-insure all of its outstanding risks within the State of Georgia with the Ph[UNK]nix Assurance Company, of London, and then ceased further writing upon property in this State; and Whereas, The said Ph[UNK]nix Assurance Company, of London, also has $25,000 deposited with the State Treasurer, according to the laws of this State; and Whereas, The said Columbus Insurance and Banking Company has out in this State a few polices which cannot be reached: now, therefore, Be it resolved by the House of Representatives, the Senate concurring , That the Treasurer of the State is hereby authorized to return to the said Columbus Insurance and Banking Company the bonds deposited in his office by said company on December 26, 1877, upon the filing with the said Treasurer of an obligation by the said Ph[UNK]nix Assurance Company to assume all liabilities of said Columbus Insurance and Banking Company as to payment of claims upon said policies still outstanding, making the deposit of said Ph[UNK]nix Assurance Company liable therefor, and to be liable to suits in the first instance in Georgia on any such losses in the same manner and to the same extent as the deposit of the Columbus Insurance and Banking Company is liable. Conditions of return. Approved October 8, 1885. RELIEF OF JOHN LOYD. No. 31. Whereas, A fi. fa . issued by the Comptroller general against John Loyd, Tax Collector of Towns county, for the year 1884, is still pending, upon which the principal has been paid; and Preamble. Whereas, The amount for which said execution was issued was covered by proper vouchers and money turned over to the Ordinary of Towns county for the purpose of making settlement with the Comptroller-general; and

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Whereas, The issuing of said execution resulted from the delay and neglect of the said Ordinary in making said settlement, of which negligence the said Loyd was ignorant until recently: Therefore resolved , That the Comptroller-general is hereby authorized and empowered to settle the account of said John Loyd, Tax Collector, as though no execution had been issued and without the payment of any penalty, and that said Tax Collector and his securities be, and they are hereby relieved from the payment of said penalty. Relief from penalty, etc. Approved October 8, 1885. RELIEF OF ROYAL INSURANCE COMPANY. No. 32. Whereas, An execution was issued in favor of the State of Georgia against the Royal Insurance Company, of England, for the amount of tax assessed against said company on the 18th day of July, 1885, together with a penalty if five hundred dollars in addition to said tax; and Preamble. Whereas, It has been satisfactorily proven that said insurance company did make out its return as required by law, and did forward the same to Atlanta, Georgia, on the 30th day of May, 1885, and said returns were lost in the mails and never recovered, whereby said penalty was incurred without fault or negligence on the part of said company; and Whereas, Duplicate copies of said returns have since been filed in the office of the Comptroller-general of this State, and the taxes due by said company have been paid in full into the treasury of this State: therefore Be it resolved by the General Assembly of Georgia , That the said Royal Insurance Company, of England, be, and the same is hereby relieved from the penalty assessed as aforesaid, and the execution issued against it is hereby ordered satisfied. Company relieved from penalty. Approved October 8, 1885. RELIEF OF LONDON AND LANCASHIRE INSURANCE COMPANY. No. 33. Whereas, An execution was issued in favor of the State of Georgia against the London and Lancashire Insurance Company, of England, for the amount of tax assessed against said company for the year 1885, on the 18th day of July of said year, together with a penalty of five hundred dollars in addition to said tax; and Preamble.

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Whereas, It has been satisfactorily proven that said insurance company did make out its returns as required by law, and did forward the same to Atlanta, Georgia, on the 30th day of May, 1885, and said returns were lost in the mails and never received, whereby said penalty was incurred without fault or negilgence on the part of said company; and Whereas, Duplicate copies of said returns have since been filed in the office of the Comptroller-general of this State, and the taxes due by said company have been paid in full into the treasury of this State: therefore be it Resolved by the General Assembly of the State of Georgia , That the said London and Lancashire Insurance Company, of England, be, and the same is hereby relieved from the penalty assessed as aforesaid, and the execution issued against it as aforesaid is hereby ordered satisfied. Company relieved from penalty. Approved October 8, 1885. RELIEF OF COTTON STATES LIFE INSURANCE COMPANY. No. 34. Whereas, The Comptroller-general did, on the 30th day of July, 1885, issue an execution against the Cotton States Life Insurance Company, of this State, for the sum of $309 57, being penalty for the non-payment of taxes due to the State by said company; and Preamble. Whereas, At the time at which said taxes should have been paid the affairs of said company were in great confusion by reason of the change of officers and other causes; and Whereas, The full amount of the taxes due the State by said company has since been paid, therefore: Resolved , That said Cotton States Life Insurance Company be, and the same is hereby relieved from the penalty aforesaid, and the Comptroller-general is hereby authorized to call in and cancel the execution aforesaid. Company relieved from penalty. Approved October 8, 1885.

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RELIEF OF COLLECTOR AND SURETIES OF NEWTON COUNTY FOR 1883 AND 1884. No. 35. Whereas, The Comptroller-general, acting in the discharge of his official duty, issued two tax fi. fas. , for the years 1883 and 1884, against W. M. Langley, Tax Collector of Newton county, as principal, and L. F. Livingston, Alfred Livingston, W. H. Ivy, C. W. Turner, J. R. Hightower and E. D. Thrasher, as securities; as whereas, said securities have fully paid the principal amount due on said two fi. fas. : Preamble. Therefore be it resolved by the General Assembly of Georgia , That they, the said securities, be, and they are hereby relieved from the payment of the twenty per cent. penalty, amounting to twelve hundred and ninety seven dollars and eighty four cents ($1,297.84), except so much of said penalty as has been incurred as attorney's fees, and seven (7) per cent. per annum upon the cash balance from time of default to payment into the treasury, and cost in collecting said claim incurred by said Tax Collector by reason of his default in payment of taxes due the State and named in said tax fi. fas. as part thereof. Securities relieved from penalty. Approved October 8, 1885. RELIEF OF GEORGE W. HAMMOCK. No. 36. Whereas, It appears that George W. Hammock, of the county of Lowndes, lost a leg in the battle around Atlanta while serving as a Confederate soldier, and under the Act, approved September 20th, 1879, was entitled to the sum of seventy-five dollars for commutation for an artificial limb for his first installment under said Act; and Preamble. Whereas, Said Hammock has not received said sum: Therefore be it resolved by the House of Representatives, the Senate concurring , That the Governor be, and he is hereby authorized to draw his warrant on the Treasurer of the State in favor of said George W. Hammock for the sum of seventy five dollars, payable out of any funds in the treasury not otherwise appropriated, in payment of said claim. Appropriation for lost limb. Approved October 8, 1885.

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PAY TO JOINT COMMITTEE ON LUNATIC ASYLUM. No. 37. Whereas, By a joint resolution of the General Assembly, passed before the adjournment in December last, authorizing the appointment of a joint committee, to be composed of three Senators and four Representatives, to sit during the recess to investigate the workings and management of the Lunatic Asylum, and to ascertain its wants and report the same to the present session; and Preamble. Whereas, The following named gentlemen constitute said committee appointed under said resolution, to-wit, Messrs. Humber, Ray and Glenn, on the part of the Senate, and Messrs. Felton, Lamar of Baldwin and Lindsey, on part of House; and Whereas, The said committee were engaged in said work for four days: therefore be it Resolved by the House of Representatives, the Senate concurring , That each member of said committee be allowed their per diem for four days while engaged in said work, and actual expenses, not exceeding fifteen dollars each. Per diem and expenses allowed. Approved October 9, 1885. USE BY MARIETTA AND NORTH GEORGIA RAILROAD OF RIGHT OF WAY OF WESTERN AND ATLANTIC RAILROAD. No. 38. Whereas, The Marietta and North Georgia Railroad Company is an important feeder to the Western and Atlantic Railroad; and Preamble. Whereas, It is and has been necessary for said Marietta and North Georgia Railroad to use (by and with the consent of the lessees of the Western and Atlantic Railroad) a portion of the right-of-way of the Western and Atlantic Railroad in order to deliver its freight and passengers to said Western and Atlantic Railroad Company, and is still necessary for the purpose of the same: therefore be it Resolved by the General Assembly of the State of Georgia , That the charter of the said Marietta and North Georgia Railroad Company be so amended as to authorize and empower said Marietta and North Georgia Railroad Company to lay out and construct their road from the city of Marietta, in the county of Cobb, to the marble mills north of said city of Marietta upon the right-of-way of the Western and Atlantic Railroad, including that portion now occupied by the said Marietta and North Georgia Railroad within the limits of the city of Marietta, and to perpetually use and occupy the same for railroad purposes; Provided , that said Marietta and North Georgia

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Railroad Company shall in no way interfere with tracks or right of way now in use by said Western and Atlantic Railroad; Provided further , that this shall not apply to more than fifteen (15) feet on the extreme eastern edge or side of said right of-way, and that due compensation shall be paid for the same to the State. This shall be submitted to arbitration, one arbitrator to be selected by the Governor and one by said Marietta and North Georgia Railroad Company, and in case they cannot agree said arbitrators to select a third, whose decision shall be final; Provided further , that the consent of the present lessees of the Western and Atlantic Railroad Company be first obtained to the use of said right-of-way as aforesaid, and that they consent that any and all compensation paid to the State therefor shall in no case accrue to them by any contract or lease now in force between them and the State. Charter of Mar. and Nor. Ga. R. R. amended. Use of right of way authorized. Proviso. Proviso. Compensation to State. Be it further resolved by the authority aforesaid , That all laws and parts of laws in conflict with this resolution be, and the same are hereby repealed. Approved October 9, 1885. RELIEF OF THE MARYLAND LIFE INSURANCE COMPANY. No. 39. Whereas, An execution was issued in favor of the State of Georgia against the Maryland Life Insurance Company of the State of Maryland for the amount of tax assessed against said company on the 18th day of July, 1885, together with a penalty of five hundred dollars in addition to said tax; and Preamble. Whereas, It has been satisfactorily proven that said company was misled by the fact that the old law, which requires returns to be made by insurance companies on or before October 1st, was incorporated in the insurance laws sent to said company by the Comptroller-general, and was understood by said company to be the only law existing at that time; that said company had done business in Georgia but a short time, and had no experience as to the laws concerning payment of taxes in this State; that said company has paid all the tax due the State, and had no intention to defraud the State, but that the delay in returns and paying the tax was an honest mistake as to the law: therefore be it Resolved by the General Assembly of Georgia , That the said Maryland Life Insurance Company, of Maryland, be, and the same is hereby relieved from the penalty assessed as aforesaid, and the execution issued against said company is hereby ordered satisfied. Company relieved from penalty. Approved October 13, 1885.

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PRINTING CERTAIN COPIES OF COMMONWEALTH OF GEORGIA. No. 40. Resolved by the House of Representatives, the Senate concurring , That the Commissioner of Agriculture be, and is hereby authorized to print such number of copies of the Commonwealth of Georgia as he may find necessary to supply the demand for the same, the books to be sold by him at such price as will cover the cost of publication and distribution, the proceeds of said sale to be accounted for as other moneys received by him and devoted to the payment of the cost of issuing the present and any future editions; Provided , that the commissioner may make free distribution of copies of said book to crop correspondents and other agents of the department and to public officials of this and other States as he may deem proper; and provided further , that the amount received from the sale of said book shall cover the entire cost of such publication and distribution, and no other appropriation shall be made therefor. Commissioner of Agriculture authorized to print. Proviso. No cost to State. Approved October 13, 1885. PROVIDING FOR DELIVERY OF NEW FOUR AND A HALF PER CENT. BONDS. No. 41. Resolved by the General Assembly of the State of Georgia , That the Governor be, and he is hereby authorized to deliver to the purchasers at any time after January 1, 1886 all, or any part of the new four and a half per cent. bonds, and to immediately apply the proceeds to the payment of the bonds maturing in 1886; he may pay the holders of the bonds maturing in 1886, surrendering them before maturity, the difference in the rate of interest they bear and that borne by the new bonds; Provided, however , the early delivery of the new bonds and the payment before maturity of the old bonds shall entail no greater expense upon the State than that contemplated in the present contract for the sale of said new bonds; Provided further , that on said delivery of the four and a half per cent. bonds and the payment of the difference in interest, an equation of principal and the interest on both classes of bonds shall be made so that the amount paid by the State, either in the delivery of the four and a half per cent. bonds or in the payment of the difference in interest, and the interest on said interest shall be equal to the amount of the principal and interest severally due on said surrendered bonds at the time of the maturity of the same, and not in excess thereof. Early delivery authorized, etc. Proviso Resolved further , That to enable the Governor to ascertain which holders of the old bonds will surrender them before maturity, and

Page 680

to effect their early and prompt payment he may advertise his readiness to pay them before maturity and the terms on which they will be paid if presented before maturity in such manner as he may deem to the best interest of the State. Advertisement calling in old bonds. Approved October 13, 1885. CORRECTING A MISTAKE IN TAX BILL OF 1885-6. No. 42. Whereas, In the first line of the 10th paragraph of the second section of the Act entitled an Act to levy and collect a tax for the support of the State government, etc., for the years 1885 and 1886, approved December 22, 1884, the word immigrant has been substituted in the enrolled copy for the word emigrant; and whereas, the Act passed the House and Senate with the word emigrant therein and by mistake the word was changed to immigrant when the bill was engrossed the second time: Preamble. Therefore resolved by the House of Representatives, the Senate concurring , That the mistake aforesaid be corrected, and the word emigrant substituted for the word immigrant as at first intended in the said Act. Mistake corrected. Resolved 2. That the Governor and the Secretary of State be, and they are hereby authorized to correct said mistake in the enrolled copy of said Act in accordance with this resolution. Governor authorized to make correction Approved October 13, 1885. RELIEF OF MERCHANTS' INSURANCE COMPANY. No. 43. Whereas, An execution has been issued in favor of the State of Georgia against the Merchants' Insurance Company, of Newark, New Jersey, for the sum of five hundred dollars, as a penalty for not having made to the Comptroller-general of said State on or before July 1st last, the annual return for taxation for the year 1885, and for not having paid to the Treasurer of said State, on or before said July 1st last, the amount of taxes due by it for said year; and Preamble. Whereas, It has been satisfactorily proven that said return was by said company sent to Atlanta on the 16th day of June last, or if not then sent, that it was not so sent because of an unintentional omission or mistake on the part of a subordinate clerk in the head office of said company at Newark, and that said return was lost in the mails if sent as above stated; and

Page 681

Whereas, Said company did, on July 19th last, file with the Comptroller general of said State duplicate copies of said returns, and did on the same day pay into the State treasury the amount of taxes by it owing for said year, and it further appearing that there has been no intentional default by said company: therefore be it Resolved by the General Assembly of Georgia , That said company be relieved from the payment of said five hundred dollars, and that said fi. fa. be ordered satisfied. Company relieved from penalty. RELIEF OF WILLIAM J. ALMAN. No. 44. Whereas, William J. Alman, former Tax Collector of the county of Heard, failed to make final settlement with the Comptroller general of this State for the taxes due the State for the year 1881, and thereby became liable to the penalty prescribed by law for such failure; and Preamble. Whereas, The failure of said Alman to make final settlement at the time prescribed by law was caused by a mistake in his calculations, whereby he was led to believe that he was not liable for the balance claimed by the State, to wit, $70.98; and Whereas, The said William J. Alman, after being satisfied of his mistake, has paid the said sum of $70.98 due the State: therefore Be it resolved by the House of Representatives, and the Senate concurring , That the said William J. Alman be, and he is hereby relieved from the payment of the penalty incurred by his said failure to make final settlement with the Comptroller-general at the time prescribed by law for the taxes due the State for the year 1881. Relieved from penalty. Approved October 13, 1885. RESPECTING THE REPEAL OF INTERNAL REVENUE LAWS. No. 45. Whereas, The system of laws, known as the United States Internal Revenue Laws, was passed as a war measure at a time when the financial condition of the government was greatly depressed; and Preamble. Whereas, The necessity for such measures has passed away, and the enforcement of the same is oppressive to our people: therefore be it Resolved by the Senate of Georgia, the House of Representatives concurring , That our Senators and Representatives in the Congress of the United States be, and they are hereby requested to urge and vote for the repeal of the United States Internal Revenue Laws. Repeal requested.

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Resolved further , That the Governor of this State be requested to have transmitted to each of our Senators and Representatives in Congress a copy of this resolution. Copies to be furnished. Approved October 16, 1885. INVESTIGATION OF INCREASE OF LUNACY. No. 46. Be it resolved by the Senate and House of Representatives , That the Superintendent of the State Lunatic Asylum be, and is hereby directed and required to investigate, as far as practicable, and report to the next General Assembly the causes of the great increase of lunacy in this State, giving in said report such facts and opinions as may be valuable as statistics on the subject. Supt. of asylum directed to make investigation. Approved October 16, 1885. CHANGE OF GAUGE OF WESTERN AND ATLANTIC RAILROAD. No. 47. Whereas, The authorities controlling the principal railroads connecting with the Western and Atlantic Railroad, and with which it interchanges freight and business, have announced that during the next ensuing year, and before the termination of the lease of the Western and Atlantic Railroad, they will change the gauges of their said several railroads; and Preamble. Whereas, It is greatly to the interest of the State property, the Western and Atlantic Railroad, that business should not be diverted from it, and that for purposes of speedy and cheap transfer of cars from connecting roads, that they should be of the same gauge: Therefore be it resolved by the Senate and House of Representatives of the State of Georgia , That the lessees of the Western and Atlantic Railroad Company be, and they are hereby authorized to change the gauge of the Western and Atlantic Railroad, so that the same may be made to conform to the gauge of its principal connections when they change their gauges, so that freight and passenger cars may be rapidly and cheaply transferred from one road to another without changing trucks and wheels. Lessees authorized to make change. Be it further resolved , That when the lessees of the Western and Atlantic Railroad deliver possession of said railroad to the State, with its gauge so changed, that it shall be received as though it was of the gauge it now is and said change had not been made. Not to affect redelivery. Be it further resolved , That in no event shall the State be liable for the expenses of said change. State not liable for expenses. Approved October 16, 1885.

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RELIEF OF LONDON ASSURANCE CORPORATION. No. 48. Whereas, The Comptroller-general of Georgia did, on the 18th day of July, 1885, issue an execution against the London Assurance Corporation, of London, England, for the sum of five hundred dollars ($500), being the penalty for the non-payment of taxes due the State by said corporation; and Preamble. Whereas, At the time said taxes became due the said corporation had not received the usual official notification and blank form for making its return, and the failure to receive the same, and the confusion incident to a change of the management of the affairs of said corporation in this country caused a temporary delay in the return and payment of taxes; and Whereas, Said London Assurance Corporation has made its return and paid all taxes due the State; and Whereas, The said corporation has always hitheto been prompt and faithful in the discharge of its duties to the State under the law: therefore be it Resolved , That the said London Assurance Corporation be, and it is hereby relieved from the payment of the penalty aforesaid, and the Comptroller-general is hereby authorized to call in and cancel the said execution. Company relieved from penalty. Approved October 16, 1885. EXEMPTION FROM TAX OF EXHIBITS AT CERTAIN FAIRS. No. 49. Resolved by the Senate and House of Representatives in General Assembly met , That all the articles or exhibits within the fair-grounds, and which will form a part of the exhibits of the Georgia State Agricultural Society and of the Northeast Georgia Fair Association, are hereby declared to be exempt from tax while being so used or exposed. Exhibits at certain fairs exempted. Approved October 16, 1885.

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RELIEF OF JOHN H. COOPER, A. C. HEGGIE AND OTHERS. No. 50. Whereas, Prior to the passage of an Act entitled an Act to amend section 809 (b) of the Code of 1882, which provides for the registration of dealers, approved September 24, 1883, to register their names in the Ordinary's office of the county in which they desire to sell, after the first day of April annually; and Preamble. Whereas, On the first day of April, 1883, the following named parties, as dealers in spirituous liquors, to-wit, John H. Cooper, A. C. Heggie Company, J. O. Banks, J. B. Garrison, L. S. Cox and J. D. Crowley, did register their names in the office of the Ordinary of Cobb county for the year ensuing, and did pay to the Tax Collector of said county twenty-five dollars each as a special tax as retail dealers in spirituous liquors for said ensuing year; and Whereas, The above recited Act amendatory required all persons desiring to deal in spirituous and malt liquors, etc., to register their names in the Ordinary's office in the county in which they desired to sell on the first day of January annually; and Whereas, The above-mentioned parties did register their names as dealers in the Ordinary's office of the county of Cobb, on the first of January, 1884, and did again pay to the Tax Collector of said county the sum of twenty-five dollars each for the year ensuing; and Whereas, Said year of 1884, up to the first day of April, 1884, was included in the said first payment of said special tax; and Whereas, By virtue of an Act of the General Assembly entitled an Act to submit to the qualified voters of Thomas and Cobb counties the question of prohibiting the sale of intoxicating liquors, approved September 28, 1883, an election was held in said county of Cobb, and a majority of the legal votes of said county having been cast against whisky, the sale of intoxicating liquors was prohibited in said county, and said parties were deprived from the privilege thus paid for: Therefore be it resolved by the Senate and House of Representatives in General Assembly met , That his Excellency be, and he is hereby authorized and directed to draw his warrant upon the treasury in favor of John H. Cooper, A. C. Heggie Co., J. O. Banks, J. B. Garrison, L. S. Cox and J. D. Crowley, the sum of eighteen and seventyfive one hundredth dollars ($18.75) each, to be paid out of the fund to be appropriated to the common schools, and not otherwise appropriated, the same having been paid by said parties as a special tax for retailing spirituous liquors, and having been denied said privilege by local legislation hereinbefore recited. Special liquor tax refunded John H. Cooper and others. Approved October 17, 1885.

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RELIEF OF F. MOSS. No. 51. Whereas, Under a fi. fa. issued by W. L. Goldsmith, former Comptroller general, lot of land number 146 in the 13th district and 4th section of Chattooga county was sold for taxes on the 2d day of April, 1878, and brought at said sale fourteen dollars and twentyfour cents in excess of tax and cost; and Preamble. Whereas, Said excess of fourteen dollars and twenty-four cents was paid into the State treasury by the Sheriff of Chattooga county: Therefore be it resolved , That the Governor be authorized to draw his warrant upon the Treasurer in favor of Fleming Moss, attorney in fact for John T. Burns, for fourteen 24-100th dollars, upon presenting proper evidence that he, said Moss, attorney in fact for John T. Burns, was the owner of said lot of land at the time of sale. F. Moss reimbursed for excess in sale of wild land. Approved October 17, 1885. COLLECTION OF THE TREZEVANT CLAIM. No. 52. Whereas, The Congress of the United States did, on the day , 1883, pass an Act appropriating to the State of Georgia the sum of thirty-five thousand five hundred and fifty-five dollars ($35,555.00) in payment of the Trezevant claim; and Preamble. Whereas, Said sum has not been paid to the State, but has been placed to the credit of the State on a demand against the State, which is not recognized by the State of Georgia: now, therefore, Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring , That our Senators and Representatives in the Congress of the United States be, and they are hereby earnestly urged and requested to use all means in their power to have the appropriation bill referred to so amended, or to have such an Act passed as will insure the payment of said sum to the State of Georgia, justly due to the State, in lawful money, as soon as possible. Payment of Trezevant claim urged. Resolved second , That a copy of this resolution, properly certified, be sent from the office of the Secretary of State to each Senator and Representative in Congress from this State so soon as the Congress convenes. Copies to be furnished. Approved October 17, 1885.

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RELIEF OF G. W. HUGHES. No. 53. Whereas, The Comptroller-general has issued a fi. fa. against G. W. Hughes, Tax Collector of Dade county, and his securities for liquor tax for the year 1884, and there was included in said tax fi. fa. twenty-five dollars as a tax for one person who had registered, but who had never sold any liquor: Preamble. Be it therefore resolved , That the Tax Collector of Dade connty be relieved from the payment of the aforesaid twenty-five dollars, together with any forfeiture of commissions and penalties that may have accrued by reason of the issuing of the fi. fa. aforesaid, and the Comptroller-general is hereby directed to credit said fi. fa. with the twenty-five dollars as aforesaid, and to relieve said G. W. Hughes from the forfeiture of the commissions and penalties aforesaid. Tax Collector of Dade county relieved of certain tax default, etc. Approved October 20, 1885.

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INDEX TO PUBLIC LAWS. (For Index to corporations, see Part II. of Index.) A ADMINISTRATORS Authorized to invest in State bonds, 128 Bonds of, 140 Letters dismissory without administration of reversionary interest, 142 APPEALS From Justices' Courts, practice in, 97 APPEARANCE TERM Service of process too late for, 103 APPROPRIATIONS For support of government 1885, 1886, 8 For deficiency for 1885, 1886, 13 For buildings for University of Georgia, 15 For interest on certain bonds M. B. R. R., 15 For John Vornadore, 16 For R. J. Wilson, 16 For Fee Wilson, 17 For James A. Cody 17 For William H. Dickinson, 18 For Joel A. Lewellen, 18 ASSESSMENT LIFE INSURANCE Act regulating 143 ASSESSMENTS By municipalities, how collected, 148 ASSIGNEES Jurisdiction of petitions for requiring bonds of, 53 ASSIGNMENTS Inventory of indebtedness required, 100 Payments to preferred creditors under, 100 Judgment not required to attach, 100 Fraud in assignor avoids 100 How set aside, 100 AUDITORS Practice in reference to, 98

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B BAILIFFS In County Courts, compensation of, 104 BERRIEN COUNTY Terms of Superior Courts changed, 107 BILLS Special and local, constitution as to amended, 33 BONDS Jurisdiction of petitions to require of assignees, 53 By plaintiffs in garnishment, 54 Of administrators, 140 BRIEFS OF EVIDENCE In motions for new trial, 94 BRUNSWICK Quarantine jurisdiction extended, 46 BULLS AND BOARS Lien on get of, 147 C CAMDEN COUNTY Terms of Superior Court changed, 113 CAPITOL Tax for new, 27 CARROLL COUNTY Two weeks' term of Superior Court provided for, 113 CHURCHES Trustees to fill vacancies, 51 Incorporation of, 58 CIVIL CASES Change of venue in, 25 CLARKE COUNTY Terms of Superior Court changed, 109 CLOTHING Importation and sale of second-hand, 137 CODE AMENDMENTS Incorporation of railroads, general law for amended, (Sec. 1689 nn), 40 Grand Jurors for more than one week (Sec. 3986), 41 Road commissioners, neglect of duty by (Sec. 661), 41 Liquors, license to sell, (sec. 1419), 42 , 59 Juries, payment for refreshments, (Sec. 3947), 43 Mechanics' liens, record and enforcement of, (Sec. 1981) 43 Products, sale and delivery of, etc., (Sec. 1593), 45 , 52 Supreme Court, terms of changed, (Sec. 3238), 45 Jury fee and fee for confession of judgment, (Sec. 4127) 46 Quarantine jurisdiction of Brunswick and St. Marys, (Sec. 1377), 46 Special partners, rights of, (Sec. 1936), 47

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Justices' Courts, terms of, (Sec. 4130) 48 Railroads, service on lessees of, (Sec. 3369 (a)) 49 Year's support, setting aside, (Sec. 2573) 49 Extradition, habeas corpus in, (Sec. 4011), 50 Churches, etc., trustees for, (Sec. 2345), 51 Misdemeanor convicts, escapes of, (Sec. 4483 (a)) 52 Assignees, bonds of, (Sec. 1953 (a)), 53 Garnishments, bonds to procure, (Sec. 3533), 54 Portion, proceeds of sale, (Sec. 4004), 54 Road-working, apportionment of, (Sec. 621) 55 Equity, service in bills of, (Sec. 4185) 56 Debts, conveyances to secure, (Sec. 1969) 57 Incorporation of schools, churcl es, etc., (Sec. 1676 (a)) 58 Gaming houses, keeping of (Sec. 4538) 59 Lunatics, discharge of homeless, (Sec. 1344 (a)) 61 Militia, composition of, (Sec. 1104) 62 Medical colleges, diplomas by, (Sec 4562 (a)) 62 Tales jurors, how obtained, (Sec. 3937) 63 Dentists and practice of dentistry, (Secs. 1410 and 1412) 64 COLQUITT COUNTY Fall term of, changed, 114 COMMON LAW COURTS Equity powers conferred, 36 COMMON CARRIERS Liability for injury outside of corporate authority, 136 CONFEDERATE SOLDIERS Maimed and indigent, provision for enlarged, 32 , 35 , 127 , 138 CONFESSION OF JUDGMENT Fee for, abolished, 46 CONSTITUTION Provision for maimed Confederate soldiers amended 32 , 37 Local and special bills, provision as to stricken, 33 Venue in civil cases, change of, 35 Equity, jurisdiction in courts of common law, 36 CONVICTS Misdemeanor, punishment for escapes, 52 Misdemeanor, commutation for good behavior, 89 CORPORATIONS Service of suits against, 99 COUNTY COURTS Disqualification of Judge, 97 Bailiffs, compensation of, 104 D DEBT Funding the public, 116 DEBTOR AND CREDITOR Conveyances to secure debts, 57 Registration of securities for debts, 124

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DEFAULTERS Record of tax, 28 DeKALB COUNTY Placed in new judicial circuit, 108 DELAYED TRAINS Railroads to post bulletins of, 119 DENTISTS Act regulating practice, 64 DIPLOMAS By medical colleges, 62 DORMANT JUDGMENTS AND EXECUTIONS When dormant, entries on, etc., 95 DOWER In lands partly paid for, 92 E ECHOLS COUNTY Terms of Superior Court changed, 114 EDUCATION Technological school, 69 Industrial, in public schools, 72 EQUITY Jurisdiction given courts of common law, 36 Service of bills, 56 ESCAPES Of misdemeanor convicts, 52 ESTATES Share of husband or widow in, 135 ESTRAYS Sale of, 146 EXECUTIONS Dormancy of, etc., 95 EXECUTORS Authorized to invest in State bonds, 128 EXEMPTION Of articles paid for rent, 91 EXTRADITION Habeas corpus in cases of, 50 F FANNIN COUNTY Terms of Superior Court changed, 112 FENCES Gates on highways from no fence counties, etc., 128 FISH WARDENS Appointment of, etc., 139 FULTON COUNTY Terms of Superior Court changed,

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FUNDING ACT For public debt, 116 G GAMING Keeping houses for, 59 GARNISHMENT Bonds to obtain, 54 Dissolution of, 96 GEORGIA TROOPS Roster of, in Confederate army, 88 GILMER COUNTY Terms of Superior Court changed, 112 GRAND JURORS Panels for more than one week, 41 Time of service, 90 GUARDIANS Authorized to invest in State bonds, 128 Of idiots, lunatics and insane persons 130 H HABEAS CORPUS In extradition cases, 50 HARRIS COUNTY Terms of Superior Court changed, 105 HIGHWAYS From no fence counties, gates on, 128 HUSBAND Share of, in estate of deceased wife, 135 I IDIOTS, LUNATICS, ETC. Guardians for, 130 INCORPORATION General law as to railroads amended, 40 Of schools, churches, etc., 40 INDICTMENT Suspension of magistrates while under, 103 INDUSTRIAL EDUCATION In public schools, 72 INJUNCTIONS From cutting or boxing timber, 93 INQUESTS Pay of jurors in, 92

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INSURANCE Assessment, law regulating, 143 J JACKS Lien upon get of, 147 JOINT STOCK COMPANIES Suits against, and how served, 99 JUDGE Disqualification of County Court, 97 JUDICIAL CIRCUIT New, created, 108 Calendar of Oconee, 110 JUDGMENTS AND EXECUTIONS Dormancy of, etc., 95 JURISDICTION Of petitions to require bonds of assignees, 53 Over certain land in Macon ceded United States, 119 Over certain land in Fulton county ceded United States, 120 JURY AND JURORS Grand, panels of, for more than one week, 41 Payment for refreshments for 43 Fee abolished, 46 Tales, how obtained, 63 Grand, time of service, 90 Pay of inquest cases, 92 Special, selection of, 93 JURY DUTY Police and marshals exempt from, 94 Telegraph line men exempt from, 102 JUSTICES' COURTS Terms of, 48 Process from, Sheriffs empowered to execute, 68 Practice in appeals from, 97 Transcripts from, 100 L LAURENS COUNTY Transferred to Oconee Judicial Circuit, 107 LEGISLATIVE JOURNALS Printing, etc., of, 134 LESSEES OF RAILROADS Service on in certain cases, 49 LIENS Of mechanics, record and enforcement of, 43 LIFE INSURANCE Assessment, regulated, 143

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LIQUOR LAW General local option, 121 LIQUOR LICENSE To sell less than a gallon, 42 , 59 LUNATICS Discharge of harmless, 61 Guardians for, 130 M MACON AND BRUNSWICK R. R. Interest on certain bonds of, 8 MAGISTRATES Under indictment, suspended, 103 MAIMED AND INDIGENT SOLDIERS Relief of 32 , 37 , 127 , 138 MARION COUNTY Two weeks term of Superior Court, 111 MARSHALS Exempted from jury duty, 94 MASTERS Practice in reference to, 98 MECHANICS' LIENS Record and enforcement of, 43 MEDICAL COLLEGES Diplomas by, 62 MILITARY Organization, etc., of State troops, 74 Roster of Georgia, in Confederate army, 88 MINING COMPANIES Suits against and how served, 99 MISDEMEANOR CONVICTS Punishment for escapes, 52 Commutation for good behavior, 89 MORPHINE Sale of, regulated, 134 MORTGAGES Cancellation of, record of, 129 MUNICIPAL TAXES AND ASSESSMENTS How collected, etc., 148 N NEW CAPITOL Tax for, 27 NEW JUDICIAL CIRCUIT Created, 108 NEW TRIALS Briefs of, evidence in motions for, 94

Page 694

NO FENCE, COUNTIES OR DISTRICT Gates on public highways, from, 128 NOTARIES PUBLIC Commissions, issuing and record of, 95 O OCONEE JUDICIAL CIRCUIT Calendar of, 110 P PARTITION Proceedings of, sale in cases of, 54 Exempt from jury duty, 94 PARTNERS Rights of special, 47 PAULDING COUNTY Terms of Superior Court changed, 108 PHOSPHATE DEPOSITS Search for encouraged, 125 POLICE Exempted from jury duty, 94 PROCESS From Justices' courts, execution by Sheriffs, 68 Service too late for appearance term, 103 PRODUCTS Sale and delivery of certain 45 Title in sales of, 52 PUBLIC DEBT Funding Act, 116 PUBLIC ROADS Working of, 116 Enforcement of road laws, 136 PUBLIC SCHOOLS Industrial education in, 69 Q QUARANTINE JURISDICTION Of Brunswick and St. Mary's extended, 46 R RAILROADS General law for incorporation amended, 40 Service or lessees of, 49 To post bulletins of delayed trains, 119

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Wreckers of trains punished, 131 Publication of, returns by, to Secretary of State, 132 Liability for injuries outside of corporate authority, 136 RECORD Of tax defaulters, 28 Of mechanics' liens, 43 Of securities for debt, 124 Of mortgages, cancellation of, 129 RELIGIOUS SOCIETIES Trustees to fill vacancies in, 51 RENT Exemption of articles paid for, 91 REPORTERS Pay of official stenographic 130 REQUISITIONS Regulations for, 141 REVERSIONARY INTEREST Letters dismissory without administration of, 142 ROAD COMMISSIONERS Neglect of duty by, 41 Disposition of money in hands of 65 ROADS Apportionment of work on, 55 Working, 116 Grade of turnpike, 125 Gates on, from No Fence counties, 128 Enforcement of road laws, 136 ROSTER Of Georgia troops in Confederate army, 88 S SALE Of certain products, 45 , 52 In cases of partition, 54 Of spirituous liquors, 59 Of morphine, 134 Of estrays, 146 SECOND-HAND CLOTHING Importation and sale of, 137 SECURITIES FOR DEBT Record of, 124 SERVICE On lessees of railroads in certain cases, 49 Bills in equity, 56 Of Justice Court process, 68 Too late for appearance term, 103 SHERIFFS Execution of Justice Court process, 68

Page 696

SOLDIERS Relief of maimed and indigent Confederate, 32 , 37 , 127 , 138 SPECIAL JURORS Selection of, 93 SPECIAL PARTNERS Rights of, 47 STALLIONS Lien on get of, 147 STATE MILITIA Composition of, 62 Organization, government, etc., 74 STENOGRAPHIC REPORTERS Pay of, 130 SUPERIOR COURTS Of Harris county, terms changed, 105 Of Taylor county, terms changed, 106 Of Laurens county, transferred to Oconee circuit, 107 Of Berrien county, terms changed, 107 Of Paulding county, terms changed, 108 New judicial circuit, 108 Of Clarke county, terms changed, 109 Of Oconee circuit, calendar, 110 Of Walton circuit, publication of docket, 111 Of Marion circuit, two weeks' term, 111 Of Taylor circuit, two weeks' term, 112 Of Gilmer circuit, terms changed, 112 Of Fannin circuit, terms changed, 112 Of Camden circuit, terms changed, 113 Of Carroll circuit, two weeks' term, 113 Of Fulton circuit, terms changed, 114 Of Echols county, terms changed, 114 Of Colquitt county, terms changed, 114 SUPREME COURT Terms of changed, 45 Practice in, 102 T TALES JURORS Mode of obtaining, 63 TAX COLLECTORS Duties of. etc., 66 TAXES For support of government 1885-6, 20 For new capitol, 27 Tax defaulters, record of, 28 Returns for taxation, 28 TAYLOR COUNTY Terms of Superior Court changed, 106 Two weeks' term of Superior Court, 112

Page 697

TELEGRAPH LINEMEN Exempted from jury duty, 102 TITLE In sales of certain products, 52 TRANSCRIPTS From Justices' Courts. 100 TRUSTEES Authorized to invest in State bonds, 128 To fill vacancies for churches, etc, 51 TURNPIKE ROADS Grade of, 125 U UNITED STATES Jurisdiction ceded to over certain land in Macon, 119 Jurisdiction ceded to over certain land in Fulton county, 120 UNIVERSITY OF GEORGIA Appropriation for buildings, 15 Georgia Reports for 139 V VENUE Change of in civil cases, 35 Suits against corporations, mining and joint stock Co.'s, 99 VOLUNTARY ASSIGNMENTS Act regulating, 100 W WALTON COUNTY Publication of docket, 111 WIDOW Payment of share in estate of husband, 135 WRECKING Of railroad trains, 131 Y YEAR'S SUPPORT Setting aside, etc., 49

Page 698

PART II.Corporations. BANKS INSURANCE, LOAN AND TRUST COMPANIES Incorporating Commercial Bank of Rome, 151 Incorporating Hiles Banking Company, 154 Incorporating Georgia Mutual Insurance Company, 155 Incorporating the Macon Fire Insurance Company, 157 Incorporating Fort Gaines Warehouse and Banking Company, 160 Incorporating Guarantee Fund and Mutual Aid Society, of Augusta, Ga., 161 Incorporating the Georgia Empire Mutual Insurance Company, 166 Incorporating the Agricultural and Commercial Bank, 168 Incorporating the Augusta Co-operative Fire Insurance Company, 171 Incorporating the Rome Mutual Insurance Company of Georgia, 173 Incorporating the Bank of North Georgia, 175 Incorporating Guarantee Banking and Safe Deposit Company, 179 Incorporating the Atlanta Loan and Banking Company, 181 Incorporating the Commercial Bank of Waycross Georgia, 182 Incorporating the Mechanics' and Traders' Bank, 185 Amending Charter of the Macon Savings Bank, 187 Incorporating the Athens Savings Bank, 187 RAILROADS AND CANAL COMPANIES Incorporating Rome Street Railroad Company, 191 Amending charter of the Rome and Chattanooga Railroad Company, 192 Incorporating The Union Street Railroad Company of Georgia, 193 Amending charter of the Atlanta Street Railway Company, 195 Incorporating the Macon City and Suburban Street Railroad Company, 196 Incorporating the Monticello, Eudora and Social Circle Railroad Company, 197 Incorporating the Gainesville and Hrll county Street Railroad Company, 199 Incorporating the Darien Short-line Railroad Company, 202 Correcting error in charter of Chattanooga and Columbus and Florida Railroad Company, 205 Incorporating the Georgia Midland and Gulf Railroad Co., 206 Incorporating the Classic City Street Railroad Company, 212

Page 699

Incorporating the Athens, Danielsville and Eastern Rail road Company, 214 Incorporating the Savannah and Tybee Railway Co., 217 Incorporating the Monticello and Eatonton Railroad Co. 222 Incorporating the Waco and Bowden Railroad Company, 225 Incorporating the Columbus and Northern Railway Co., 227 Incorporating the Covington and Macon Railroad Company 229 Incorporating Rome and Western Railroad Company, 230 Amending charter of Rome and Carrollton Railroad Co. 233 Amending charter of Rome and Chattanooga Railroad Co., 234 Amending charter of Rome Street Railroad Company, 235 Incorporating The Baltimore Place and Peters' Park Street Railroad Company, 236 Incorporating The Capital City Street Railroad Company, 238 Incorporating The Savannah and Western Railroad Co., 241 Incorporating The Newnan and Greenville Railroad Co., 245 Incorporating The Newnan and Western Railroad Co., 247 Incorporating The Gainesville and Western Railroad Co. 249 Incorporating The Albany and Dawson Railroad Company, 253 Incorporating The Marietta and Austell Railroad Company, 254 Incorporating The Athens and Columbus Railroad Co., 255 Incorporating The Columbus and Florida Railway Co., 260 Incorporating The Thomasville and Augusta Railroad Co. 262 Incorporating The LaGrange North and South Railroad of Georgia, 263 Amending charter West-End and Atlanta Street Railroad Company, 266 Incorporating Cincinnati, Georgia and Florida Railroad Co. 267 Amending charter of Georgia Southern and Florida Railroad Company, 268 Incorporating The Athens and Jefferson Railroad Company, 269 Incorporating The Anniston and Chattanooga Railroad Co., 271 Incorporating the Atlantic and Mexican Gulf Canal Co., 274 MISCELLANEOUS Surrender of charter of Summerville Macadamized, graded, or plank Road Company, etc., 278 Changing name of the College of American Medicine and Surgery, 279 Incorporating the Propeller Tow-boat and Lighterage Company of Savannah, 280 Incorporating The Augusta Mutual Endowment Association. 281 Incorporating The Savannah Dredging Company, 283 Incorporating The Louisville and Wadley Telegraph Co., 285 Amending charter Macon Gas Light and Water Company. 286

Page 700

PART III.Local and Private Laws. A ALBANY Enlarging corporate limits, 389 ALPHARETTA Charter of, 304 APPLING COUNTY Abolishing county commissioners, 438 Registration law for, 623 ATHENS Public school system for, 603 ATLANTA Amending charter, 385 , 375 , 293 Sinking fund of, 313 Eligibility of Marshal for re-election, 314 Water supply of, 364 Extending limits of, etc., 368 Revising and veto power of Mayor, 377 Collection of costs of sewers, paving, etc., 416 City Court, trial of civil cases in, 469 City Court, prohibiting judge from practicing law, 470 AUGUSTA Sinking fund of, 312 ANSTELL Charter of town, 361 B BAINBRIDGE Registration of voters in, 367 BALDWIN COUNTY Registration law for, 609 BARNETT METHODIST CHURCH Sale of liquor in vicinity, 547 BARTOW COUNTY Abolishing County Court, 486 Creating City Court, 487 Local Option Act for, 503 Local Option Act amended, 541 Justice Court, houses in,

Page 701

BEAVER-DAM CHURCH Sale of liquor in vicinity of, 539 BETHEL CHURCH Sale of liquor in vicinity of, 522 BETHEL BAPTIST CHURCH Sale of liquor in vicinity of, 542 BIBB COUNTY Clerk Superior Court, to provide certain indexes, 425 Increasing pay of tax receiver, 434 Abolishing County Court, 468 Amending road law, 570 Stock law for, 593 BRYAN COUNTY Public road system, 573 BUFORD Amending Charter of, 402 BURKE COUNTY Registration law for, 615 BUTTS COUNTY Fishing for shad in, 499 Local Option Act for, 510 C CALHOUN Local Option Act for, 546 CAMDEN COUNTY Headright law in, 652 CANTON Amending charter of, 355 CARROLL COUNTY Creating county commissioners, 427 Salary of Treasurer, 429 CARROLLTON Creating City Court of, 460 Disposition of fines, etc., in City Court, 486 CATOOSA COUNTY Public road system, 548 Amending road law. 567 , 559 CEDAR ROCK CHURCH Sale of liquor in vicinity of, 539 CHATHAM COUNTY Control, etc., of drains, etc., in, 640 Court-house bonds for, 646 CHATTOOGA COUNTY Amending road law, 552 , 562 CHIPLEY Amending charter of, 387 CHUBB'S CHAPEL Sale of liquor in vicinity of, 534

Page 702

CLARKE COUNTY Jurisdiction and terms of City Court, 481 Local Option Act, 506 Stock law for 241st District G. M, 584 Stock law for 220th District G. M., 586 CLARKESVILLE Amending charter of, 327 CLAYTON COUNTY Abolishing County Court, 483 CLINCH COUNTY Abolishing County Court, 494 COBB COUNTY Abolishing County Commissioners, 426 Public road system, 548 Registration Act for, 617 COCHRAN Amending charter of, 301 , 302 Issuance of bonds for, 319 COLUMBIA COUNTY Consolidating Clerk of Superior Court and Treasurer 444 Local Option Act for, 536 Stock law for, 589 COLUMBUS Creating City Court, 455 Title and jurisdiction of City Court, 484 CONNESAUGA RIVER Fishing in, 495 COUNTY LINE CHURCH Sale of liquor in vicinity, 542 COVINGTON Amending charter, 338 COWETA COUNTY Amending road law, 566 CRAWFORD COUNTY Abolishing County Court, 480 CUMMING Re-incorporated, 414 D DALLAS Charter of, amended, 355 DALTON Charter amended, 381 DANIELSVILLE Local Option Act for, 507 DECATUR COUNTY Salary of Treasurer, 427 DeKALB COUNTY Local Option for, 524

Page 703

DeSOTO Charter repealed, 379 Charter amended, 384 DODGE COUNTY Sale of insolvent tax fi. fas. , 434 Registration law for, 626 Sale of beef. mutton and pork in, 650 DOOLY COUNTY Abolishing county commissioners. 429 DOUGLAS COUNTY Creating County Court, 454 Local Option Act for, 531 DuPONT Charter of town, 315 E EARLY COUNTY Sale, etc., seed cotton in, 638 Pay of election managers in, 643 EASTMAN Charter of amended, 357 ECHOLS COUNTY County commissioners abolished, 438 EFFINGHAM COUNTY County Court created, 483 Fishing and hunting on land of another in, 496 Registration law for, 627 EFFINGHAM HUSSARS Exemption from road duty, 639 ELBERT COUNTY Local Option Act for, 520 Registration law for, 615 ELIZABETH Charter of town, 377 EMANUEL COUNTY Fishing in, 497 Sale of domestic wines in, 538 Registration law for, 615 F FAYETTE COUNTY Local Option Act for, 579 FLOYD COUNTY Power of county commissioners increased, 431 Local Option Act for, 518 Amending road law, 555 Fence elections in, 581 Registration law for, 615 Dog tax repealed, 636

Page 704

FORSYTH Charter of amended, 336 , 384 FORSYTH COUNTY Powers, etc., county commissioners, 445 FRANKLIN COUNTY Public school, term and pay of teachers, 598 Headright law in, 638 FRAZIER Town of, incorporated, 301 FULTON COUNTY Registration law amended, 611 G GAINESVILLE Charter amended, 400 GLADE METHODIST CHURCH AND ACADEMY Sale of liquor in vicinity, 522 GLYNN COUNTY Education tax, 602 Regulating public instruction, 603 GORDON Town of, incorporated, 397 GORDON COUNTY County Court abolished, 482 Local option Act for, 504 GOVERNOR'S HORSE GUARDS Exempted from jury duty, 637 GRACEWOOD Town of, incorporated, 321 GREENE COUNTY Registration law for, 615 Purchase and sale of cotton and grain in, 653 GREENVILLE Sale of liquor in, 511 GRIFFIN Charter amended, 293 Public schools for, 331 GRIMES, T. W. Payment of warrants to, 655 GWINNETT COUNTY Local Option Act for, 525 H HABERSHAM COUNTY Local option Act for, 523 HANCOCK COUNTY Creating Board county commissioners, 435

Page 705

HARALSON COUNTY Local option Act for, 577 Election for Board of Education, 598 HARMONY GROVE Town of incorporated, 322 HARRIS COUNTY Local option Act for, 537 HART COUNTY Stock law for, 590 HEARD COUNTY Creating Board county commissioners, 441 HENRY COUNTY Election as to abolishing county commissioners, 421 Sale of seed cotton in, 634 HOUSTON COUNTY Public road system, 549 HOWARD, H. P. Relief of, 656 I INDIAN SPRING Name Changed, 389 J JEFFERSON COUNTY Pay of County Commissioners and Board of Education, 439 JUG TAVERN Town incorporated, 339 L LA FAYETTE Charter amended, 372 LAURENS COUNTY Authorized to bridge Oconee River, 571 LEE CNUNTY Election, pay, etc., county commissioners, 422 Transfer of misdemeanors to County Court, 479 Disposition of fines. etc., 480 Registration, law for, 609 LINCOLN COUNTY Sale of seed cotton in, 651 LITHONIA Charter amended, 395 LOWNDES COUNTY Powers of tax collector as to tax, fi. fa. , etc., 443 Registration, law for, 615

Page 706

M MACON Charter amended, 307 Limits extended 360 License and business taxes in, etc., 388 Powers of Board of Health, 413 City Court created, 470 Regulating burials in, 642 MACON COUNTY Disposition of fines in County Court, 452 Protection of game and birds, 498 MADISON COUNTY Local Option Act for, 507 Local Option Act amended, 535 MARIETTA Charter amended, 405 MARION COUNTY County Commissioners abolished, 424 MARTIN INSTITUTE Sale of liquor in vicinity of, 542 Charter amended, 596 MAYSVILLE Charter amended, 418 McDONOUGH Authorizing Mayor, etc., to issue bonds, 298 Amending Charter, 417 McDUFFIE Registration law for, 615 MERRIWETHER COUNTY Regulating sale of liquor, 509 MILLER COUNTY Local Option Act amended, 543 MILNER Public School system for, 606 MITCHELL COUNTY Marking, etc., sheep and cattle, 583 MITCHELL R. C. CO. Amending Act granting privileges to, 657 MONROE COUNTY Election of county commissioners, 440 Abolishing County Court, 453 Public road system, 549 MONTGOMERY COUNTY Compensation of county commissioners, 426 MORGAN COUNTY Registration law for, 615 Disposition of convict hire, 636 MURRAY COUNTY Camp hunting in, 496

Page 707

Fishing in, 499 Herding, etc, stock by non-residents, 592 MUSCOGEE COUNTY County commissioners' powers enlarged, 448 Registration law for, 631 Pay of election managers, etc., 644 N NEW FORK CHURCH Sale of liquor in vicinity of, 540 NEWNAN Tax Assessors for, 338 Tax on shows, etc., 644 Confederate monumental, 652 NEWTON COUNTY Court-house tax in, 642 NORRIS, GEORGE C. Relief of, 657 NORWOOD Town of, incorporated, 394 O OCONEE RIVER Prevention of obstructions in, 500 OGLETHORPE COUNTY Local option Act for, 533 Registration law for, 615 P PALMETTO Charter amended, 316 Public school system for, 317 PERRY, L. C. Relief of, 656 PHILLIPPI CHURCH Sale of liquor in vicinity of, 522 PINE LEVEL CHURCH Sale of liquor in vicinity of, 542 PROSPECT METHODIST CHURCH Sale of liquor in vicinity of, 543 PULASKI COUNTY Public road system, 548 Stock law for 542d District G. M., 593 Registration law for, 615 PUTNAM COUNTY Prohibiting liquor law for, 538 Entry, etc., on lands of another, 649

Page 708

Q QUITMAN Charter amended, 390 R RABUN COUNTY Selection of County School commissioners, 441 Local Option Act for, 514 RANDOLPH COUNTY Court house bonds, etc., 423 Registration law for, 615 RESACA Local Option Act for. 546 BICHMOND COUNTY Board of assessors for, 449 Reformatory institute in, 599 Registration Act for, 625 Sale of court house, etc, 645 ROCKDALE COUNTY Disposition of county convict hire, 444 Prohibitory law amended, 544 ROME Limits extended, 379 Charter Amended, 390 ROSSVILLE Town of, incorporated, 391 S SANDERSVILLE Charter amended, 347 Amending public school Act, 353 SATILLA RIVER Fishing in Big and Little, 501 SAVANNAH Construction of sewers and drains in, etc, 294 Improvement of streets, 362 Privilege to cotton exchange 386 Registration law for, 612 SCRIVEN COUNTY Composition, etc., County Courts, 430 Re-establishing County Commissioners, 484 SHADY GROVE CHURCH Sale of liquor in vicinity of, 521 SHARON Town incorporated, 329

Page 709

SILOAM CHURCH Sale of liquor in vicinity of, 522 SMITHVILLE Sale of liquor in vicinity of, 534 SOUTHERN CADETS Exempted from jury duty, 639 SOUTHERN RIFLES Exempted from jury duty, 654 SPALDING COUNTY Registration law for, 622 SPRING PLACE Town Incorporated, 409 SUMMERVILLE Charter amended, 349 SUMTER COUNTY Amending Act as to county commissioners, 432 Liquor license law for, 530 Registration law for, 619 Grand Jury service in, 637 T TALLULAH FALLS Town of incorporated, 404 TELFAIR COUNTY Registraton law for, 629 THOMASTON Charter amended, 402 THOMASVILLE Charter amended, 333 , 334 , 335 , 352 TROUP COUNTY Local Option Act for, 528 TWIGGS COUNTY Board of commissioners abolished, 430 U UPSON COUNTY Local option Act for, 516 V VERNONBURG Charter amended, 412 W WACO Town of, incorporated, 370

Page 710

WALKER COUNTY Pay of County Commissioners, 437 Road law amended, 577 WALKER, D. K. Relief of, 658 WALTON COUNTY Registration law for, 615 WARD Name of town changed, 387 WARREN COUNTY Pay of County Commissioners, 437 WARREN, J. T. Allowed to peddle without license, 658 WASHINGTON Charter of amended, 393 WASHINGTON COUNTY Registration law for, 615 Pay of election Managers, etc. 635 WATKINSVILLE Town of incorporated, 308 WAYCROSS Charter amended, 401 WAYNE COUNTY Fishing in Big and Little Satilla River, 501 WAYNESBORO Charter amended, 385 Commissioners of Academy, 601 WEST-END Charter amended, 328 WEST VIEW CEMETERY Prohibiting Drunkenness, etc., 514 WHITFIELD COUNTY Public road system, 549 WILKINSON COUNTY Taking game in, 500 Registration law for, 615 WOODBURY Charter of amended, 395 WORTH COUNTY County Commissioners abolished, 424 WRIGHTSVILLE New charter for, 343

Page 711

INDEX TO RESOLUTIONS. Index to Journals of 1884, 660 Prolonging session of General Assembly, 660 Re-assuring colored citizens of equal rights, 660 Relief of securities of Tax Collector of Polk county, 661 Authorizing Governor to borrow money, 661 Recess of General Assembly, 662 Printing public Acts of 1884, 662 Settling accounts of Tax Collector Floyd county, 662 Requesting branch mint at Dahlonega, 663 Committee as to portrait Hon. A. H. Stephens, 663 Committee as to portrait Hon. C. J. Jenkins, 664 Requesting return of House bill No. 52, 664 Signing bills after adjournment, 664 Advance pages Journal furnished J. T. Taylor, 665 Service of process on lands in Macon ceded United States, 665 Arms for Bowdoin College, 665 Relief of P. H. Herring, 666 Mileage at adjourned session, 667 Relief of W. A. Gillespie and W. A. Gillespie, Jr., 667 Precautionary measures against cholera, 668 Expenses laying corner stone new capitol, 668 Pay for index to Journals, session 1885, 669 Carpeting Legislative halls, 669 Furniture office Principal Keeper Penitentiary, 669 Removal obstructions in Oconee River, 670 Sale of Georgia State Lottery property, 670 Settlement of claims with Marietta and Nor. Georgia Railroad, 671 Sale of Southern and Atlantic Telegraph stock, etc., 672 Publication of public laws of 1884-5, 672 Return of deposit to Columbus Insurance and Banking Co., 673 Relief of John Loyd, 673 Relief of Royal Insurance Company, 674 Relief of London and Lancanshire Insurance Company, 674 Relief of Cotton States Life Insurance Company, 675 Relief of Collector and sureties of Newton county for 1883-4, 676 Relief of George W. Hammock, 676 Pay to joint committee on Lunatic Asylum, 677 Use by Marietta and North Georgia railroad of right of way of Western and Atlantic railroad, 677

Page 712

Relief of Maryland Insurance Company, 678 Printing Commonwealth of Georgia, 779 Delivery new 4 per cent. bonds, 679 Correcting mistake in tax bill for 1885-6, 680 Relief of Merchants' Insurance Company, 680 Relief of William J. Alman, 681 Respecting repeal Internal Revenue laws, 681 Investigation increase of lunacy, 682 Change of guage Western and Atlantic railroad, 682 Relief of London Assurance Corporation, 683 Exemption from tax of exhibits at certain fairs, 683 Relief of J. H. Cooper, A. C. Heggie et al. , 684 Relief of F. Moss, 685 Collection of Trezevant claim, 685 Relief of J. W. Hughes, 686

Page 714

STATEMENT. Receipts and Disbursements of Treasury for Year Ending September 30th, 1885. RECEIPTS. DISBURSEMENTS. Balance in Treasury October 1, 1884 $ 148,100 76 On account Academy for the Blind, 1884 $ 4,000 00 From Auctioneers Tax, 1884 $ 90 00 On account Academy for the Blind, 1885 9,000 00 From Auctioneers Tax, 1885 337 50 On account New Capitol Building 113,535 43 From Bank of Rome 7,684 25 On account Civil Establishment, 1883 125 00 From Billiard Tax, 1884 3,015 00 On account Civil Establishment, 1884 45,247 22 From Billiard Tax, 1885 4,596 00 On account Civil Establishment, 1885 50,162 50 From Capital Tax, 1885 7,741 02 On account Contingent Fund, 1884 6,280 26 From Dividends from Stocks 2,410 00 On account Contingent Fund, 1885 3,639 99 From Dealers in Iron Safes, 1884 200 00 On account Commissioner of Agriculture, 1884 5,000 00 From Dealers in Iron Safes, 1885 90 00 On account Commissioner of Agriculture, 1885 6,500 00 From Dealers in Stoves and Ranges, 1885 3,242 00 On account Contingent Expenses Railroad Com'rs, 1884 125 00 From Dealers in Futures 540 00 On account Contingent Expenses Railroad Com'rs, 1885 375 00 From Fees of Officers 668 35 On account Contingent Expenses Supreme Court, 1884 15 88 From Fees of Inspectors, 1885 79,936 84 On account Contingent Expenses Supreme Court, 1885 499 72 From Fees of Inspectors, 1886 52 23 On account Clerk Supreme Court 538 75 From General Tax, 1881 70 89 On account Fund for Artificial Limbs 1,680 00 From General Tax, 1882 1,793 52 On account Institute Deaf and Dumb, 1884 4,000 00 From General Tax, 1883 2,228 67 On account institute Deaf and Dumb, 1885 12,750 00 From General Tax, 1884 858,359 84 On account Institute Deaf and Dumb (Building) 3,150 00 From General Tax, 1885 367 47 On account Lunatic Asylum, 1884 59,999 98 From Hire of Convicts 25,000 00 On account Lunatic Asylum, 1885 87,499 97 From Insurance Fees, 1884 100 00 On account Lunatic Asylum (Enlargement) 60,000 00 From Insurance Fees, 1885 2,980 00 On account Land Scrip Fund 6,314 14 From Insurance Tax, 1885 17,075 70 On account Library Fund 735 30 From Insolvent General Tax 1,390 90 On account Legislative Pay Roll Session, 1884 58,392 85 Lrom Liquor tax, 1884 10,321 24 On account Overpayment of Taxes 7,002 42 From Liquor Tax, 1885 68,546 49 On account Penitentiary Fund 4,323 21 From Money Refunded 344 32 On account Penitentiary Fund (Special Account) 713 95 From Penalties Against Lessees 4,000 00 On account Printing Fund, 1884 995 81 From Penalties Against Sleeping Car Companies 358 00 On account Printing Fund, 1885 5,597 82 From Penalties Against Collectors 79 65 On account Printing Fund Railroad Commissioners, 1884 34 50 From Philadelphia G. F. and S. D. Co. 172,756 75 On account Printing Fund Railroad Commissioners, 1885 74 50 From Sale of 4 per cent. Bonds 100,312 50 On account Public Building Fund, 1884 3,000 00 From Railroad Tax, 1884 2,505 26 On account Public Building Fund, 1885 5,900 00 From Railroad Tax, 1885 49,579 29 On account Insurance Public Buildings, 1884 3,545 09 From Rent Western and Atlantic Railroad 300,000 00 On account Insurance Public Buildings, 1885 1,879 34 From Rent Public Buildings 114 90 On account Public Debt 345,391 21 From Sale Supreme Court Reports 1,341 62 On account Salaries Railroad Commissioners, 1884 3,750 00 From Sale Public Property 1,106 85 On account Salary Chemist 3,000 00 From Sale of Old City Hall 975 00 On account Salary Clerk Railroad Commissioners, 1884 600 00 From Supreme Court Costs 113 25 On account Salaries Inspectors 7,100 00 From Show Tax, 1882 37 00 On account Solicitors General, (Act 1857) 1,510 00 From Show Tax, 1884 4,801 50 On account Special Appropriations 7,427 43 From Show Tax, 1885 184 50 On account Sheriff Supreme Court Costs 87 50 From Temporary Loan 25,000 00 On account Supreme Court Reports 6,000 00 From Tax on Sewing Machine Companies 1,802 00 On account School Fund, 1884 305,520 46 From Tax on Sewing Machine Agents, 1884 197 20 On account School Fund, 1885 8,324 07 From Tax on Sewing Machine Agents, 1885 428 10 On account School Fund, 1886 944 56 From Tax on Insurance Agents, 1884 850 00 On account Temporary Loan 166,249 33 From Tax on Insurance Agents, 1885 1,250 00 On account Trustees Lunatic Asylum 1,300 00 From Tax on Dealers in Pistols, 1884 472 50 On account University of Georgia 8,000 00 From Tax on Dealers in Pistols, 1885 2,613 55 On account University of Atlanta. (Colored) 8,000 00 $1,441,338 19 From Tax on Lightning Rod Agents, 1884 74 13 Balance in Treasury October 1, 1885 484,190 73 From Tax on Lightning Rod Agents, 1885 314 00 From Tax on Express Companies, 1884 1,086 88 From Tax on Express Companies, 1885 1,106 85 From Tax on Telephone Companies, 1884 439 19 From Tax on Telephone Companies, 1885 449 32 From Tax on Telegraph Companies, 1884 1,109 29 From Tax on Telegraph Companies, 1885 919 49 From Tax on Sleeping Car Companies, 1884 329 15 From Tax on Sleeping Car Companies, 1885 493 04 From Tax on Agents of Musical Instruments, 1885 22 50 From Tax on Venders of Special Nostrums, 1884 90 00 From Tax on Venders of Special Nostrums, 1884 405 00 From Tax on Games, 1884 67 50 From Tax on Games, 1885 320 00 From Tax on Wild Land 38 17 $1,777,428 16 $1,125,528 92 $1,925,528 92