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: GEO. W. HARRISON 18860000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1886. 18860000 COMPILED AND PUBLISHED BY AUTHORITY. Atlanta, Georgia: GEO. W. HARRISON, STATE PRINTER. 1887.

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TABLE OF TITLES. PART I.PUBLIC LAWS. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CODE. Title IV.JUDICIARY. Title V.SUPERIOR COURTS. Title VI.MISCELLANEOUS. PART II.CORPORATIONS. Title I.BANKS, INSURANCE, LOAN AND TRUST COMPANIES. Title II.RAILROAD COMPANIES. Title III.EXPRESS, TELEGRAPH AND TELEPHONE COMPANIES. Title IV.MANUFACTURING AND GAS COMPANIES. PART III.LOCAL LAWS. Title I.MUNICIPAL CORPORATIONS. Title II.COUNTY OFFICERS. Title III.COUNTY AND CITY COURTS. Title IV.GAME, Etc. Title V.REGISTRATION. Title VI.ROADS AND BRIDGES. Title VII.FENCES AND STOCK. Title VIII.EDUCATION. PART IV.PRIVATE LAWS. PART V.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1886. Part I.Public Laws. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CODE. Title IV.JUDICIARY. Title V.SUPERIOR COURTS. Title VI.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For Support of Government 1887 and 1888. To Elbert Willis for an artificial arm. GENERAL APPROPRIATION ACT FOR 1887 AND 1888. No 42. An Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial departments of the government, payment of the public debt and interest thereon, and for the support of the public institutions and educational interests of the State for each of the fiscal years 1887 and 1888, and for other purposes. Section I. Be it enacted by the General Assembly of the State, and it is hereby enacted by authority of the same , That the following sums of money be, and the same are hereby appropriated

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for each of the fiscal years 1887 and 1888 to the persons and for the purposes respectively hereinafter mentioned and set forth: Salaries. For the salary of the Governor of the State, three thousand dollars. Governor. For the salary of the Secretary of State, two thousand dollars. Secretary. of State. For the salary of the Comptroller-General, two thousand dollars. Comptroller-General For the salary of the Treasurer of the State, two thousand dollars. Treasurer. For the salary of the Attorney-General, two thousand dollars. Attorney-General. For the salary of the State Librarian, fifteen hundred dollars. Librarian. For the compensation of the secretaries, messengers and clerical force in the Executive department, six thousand dollars. Secretaries etc., Executive Department. For the salary of the clerk of the Secretary of State, one thousand dollars. Clerk of 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. Clerks of Comptroller-General For salary of the clerk of the State Treasurer, sixteen hundred dollars. Clerk 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. Compensation of presiding officers of General Assembly. 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. Of members of General Assembly. Sec. III. Be it further enacted by the authority aforesaid , That the sum of ten 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. No member shall receive a larger sum as such expenses than shall have been actually paid out in cash by him. Expenses of legislative 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 entire clerical expenses of the Senate for the session, as provided by the Act approved October 8th, 1879. Compensation of Secretary of Senate and Clerk House of Representatives. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem for the session,

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out of which he shall pay the entire clerical expenses of the House of Representatives for the session, as provided by Act approved October 8th, 1879. 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. Of other officers of General Assembly. For compensation of one gallery-keeper for the Senate and 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. Chaplains. For compensation of three porters for the Senate and five 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. Porters. For compensation of four pages for the Senate and six pages for the House of Representatives, one dollar and a half each per diem. Pages. For compensation of three attendants for the Senate and House of Representatives, for services in keeping and cleaning water-closets at the capitol during the session, two dollars each per diem. Servants. Sec. IV. Be it further enacted by the authority aforesaid , That the appropriations for the Judiciary department shall be as follows: Judicial department. For salaries of the Judges of the Supreme Court, three thousand dollars each per annum. Supreme Court judges. For salaries of the Judges of the Superior Court, two thousand dollars each per annum. Superior Court. For salaries of the Solicitors-General of the various circuits each two hundred and fifty dollars per annum. Solicitors-General. For salary of the Reporter of the Decisions of the Supreme Court, two thousand dollars per annum. Supreme Court Reporter. For compensation of the 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. Clerk 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: Support of public institutions. For the support and maintenance of the Academy for the Blind, and for salaries for its officers, sixteen thousand dollars, or

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so much thereof as may be necessary, per annum; also the sum of three thousand dollars for repairing building and for purchasing a pipe organ and other necessary musical instruments for the Academy for the Blind. Academy for the Blind. For the support and maintenance of the Institute for the Deaf and Dumb, and pay of its officers and attaches, fifteen thousand dollars, or so much thereof as may be necessary, per annum. Deaf and Dumb Asylum. For the support and maintenance of the State Lunatic Asylum, one hundred and seventy-five thousand dollars per annum, or so much thereof as may be necessary, to be expended only when directed by the board of trustees, and the Governor is authorized to make monthly a safe advance to cover the cost of supplies and incidental expenses 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; also the sum of three thousand dollars (which remains unexpended from former appropriations), or so much thereof as may be necessary, to increase the water supply to said asylum from such source as the trustees with the superintendent may see proper to provide. Lunatic Asylum. For the State University at Athens, the sum of eight thousand dollars per annum. State University. For the university of the colored people, located at Atlanta, eight thousand dollars per annum. Atlanta University 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 fund. 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 State debt. To pay the interest falling due in 1887, five hundred and nine thousand nine hundred and forty-five dollars. To pay the interest falling due in 1888, five hundred and seven thousand five hundred and seventy-five dollars. Interest due in 1887 and 1888. Sec. VII. Be it further enacted by the authority aforesaid , That the appropriations for miscellaneous purposes be as follows: Miscellaneous. For salaries of the trustees of the Lunatic Asylum each three hundred dollars per annum. Trustees Lunatic Asylum. For salaries of the principal keeper, assistant keeper and 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. Officers of penitentiary.

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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, one thousand 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. For salary of the resident physician of the Lunatic Asylum, twenty-five hundred dollars per annum. Their expenses. For salaries of the Railroad Commissioners, twenty-five hundred dollars each per annum. Railroad Commissioners. For salary of the clerk of the Railroad Commissioners, fifteen hundred dollars per annum. Their clerk For contingent expenses of the Railroad Commissioners, five hundred dollars per annum, or so much thereof as may be necessary. Contingent expenses. For repairs to 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 one thousand five hundred dollars shall be paid to the keeper of public buildings and guards as a salary per annum, and the sum of eight hundred dollars, or so much thereof as may be necessary, for the year 1887, for special repairs and the purchase of carpets and furniture for the Executive mansion, as recommended by the Committee on Public Property, to be expended by and under the direction of the Governor, who is authorized to draw his warrants therefor upon an itemized account of the expenditures to be approved by him: Provided , that there shall be an itemized account of the various matters upon which these payments are made presented to the Governor before he issues his warrant therefor. Repairs, care, supply and guarding public buildings. Keeper of public buildings. Repairs, etc., Executive mansion. 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. Commissioner 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. His clerk.

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To pay the bill for stationery furnished the General Assembly for this session, and an adjourned session, should there be one, seven hundred and eighteen dollars and seventy-five cents, or so much thereof as may be necessary. Stationery General Assembly. 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. Its incidental expenses. 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 the clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by 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 or person, as a salary or otherwise, unless the same is authorized by law and the money duly appropriated therefor. Provision as to extra services. 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 advertising as the Railroad Commissioners may deem necessary for the proper carrying on of the business of said commission as directed by law. Printing and advertising of railroad commission. Sec. X. Be it further enacted by the authority aforesaid , That for continuing the work of building a new capitol for the State, the sum of two hundred and fifty-eight thousand seven hundred and twenty-four dollars and thirty-three cents for the year 1887 and two hundred thousand dollars for the year 1888 be appropriated: Provided , this shall not be construed as additional to the amount of one million dollars for the capitol, but to be a part thereof. For new capitol. Sec. XI. Be it further enacted by the authority aforesaid , That for compensation of an assistant to the State Librarian, in lieu of all expenses for manual or clerical labor in the shipment of and distribution of laws, journals and other books required by law to be distributed, the sum of five hundred dollars for each of said years 1887 and 1888. Assistant to State Librarian.

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Sec. XII. Be it further enacted by the authority aforesaid , That for binding the enrolled copies of the Acts of the Legislature on file in the office of Secretary of State the sum of one hundred dollars be appropriated. Binding enrolled Acts. Sec. XIII. Be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars is hereby appropriated to Jackson T. Taylor to pay him for making indexes for the House and Senate journals of the present session of the General Assembly up to the recess, and that the Governor is hereby authorized and required to draw his warrant for the sum mentioned on any moneys in the treasury not otherwise appropriated upon a certificate of the State Printer showing the completion of said work. Indexes to House and Senate journals. Sec. XIV. Be it further enacted by the authority aforesaid , That all accounts required to be itemized under this Act shall be supported by affidavit. Affidavits to itemized accounts. 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 21, 1886. APPROPRIATION TO ELBERT WILLIS FOR AN ARTIFICIAL ARM. No. 54. An Act to make an appropriation to pay Elbert Willis, of the county of Worth and State of Georgia, for an artificial leg under an Act approved December 4th, 1866. Whereas, Elbert Willis, a Confederate soldier, was entitled to pay for an artificial leg under the Act approved December 4th, 1866, but failed to receive any benefit under said Act: therefore Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That upon his furnishing satisfactory evidence to his Excellency the Governor that he is properly entitled to the benefit of said Act, the sum of seventy-five dollars be, and the same is hereby appropriated to pay said Elbert Willis for an artificial leg, as provided by the Act approved December 4th, 1866. Seventy-five dollars appropriated. 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 22d, 1886.

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TITLE II. TAXES. ACTS. General Tax Act for 1887 and 1888. Tax for new capitol. Providing for correct tax returns. GENERAL TAX ACT FOR 1887 AND 1888. An Act to levy and collect a tax for the support of the State government and the public institutions; to pay the interest of the public debt, and for educational and other purposes herein mentioned, for each of the fiscal years eighteen hundred and eighty-seven and eighteen hundred and eighty-eight, 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 two and sixty hundredths of a mill for each of the fiscal years eighteen hundred and eighty-seven and eighteen hundred and eighty-eight. General advalorem tax 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-seven and eighteen hundred and eighty-eight: Specific taxes. FirstUpon 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 1887 and

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1888, which tax shall be for educational purposes: Provided , this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers relieved of such tax under and by authority of an Act approved July 23d, 1883. Poll tax. Exemptions. SecondUpon every practitioner of law, medicine or dentistry, presidents of each of the banks in the State, each agent or firm negotiating loans and charging therefor, the presidents of each of the railroad companies, presidents of each of the express, telegraph, telephone, electric light and gas companies doing business in this State, and in case the president of any such companies do not reside in this State, then in such case upon the superintendent or general agent of such companies who may reside in this State, ten dollars, and no municipal corporation or county authorities shall levy any additional tax on said professions either as license fee or otherwise. Lawyers, dentists, doctors and officers of various companies ThirdUpon every daguerrean, ambrotype, photographic and similar artist, ten dollars. Daguerrean and other artists. FourthUpon every person carrying on the business of auctioneer, for pay or compensation, twenty-five dollars for each county in which they may carry on such business. Auctioneers. FifthUpon 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 and other tables. SixthUpon 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. Gaming tables, stands, etc SeventhUpon every keeper of a ten-pin alley, or alley of like character, kept for public play, and upon every keeper of a shooting gallery, twenty-five dollars for each place of business. Ten-pin alleys. Shooting gallery. EighthUpon every traveling vendor of patent or proprietary medicines, special nonstrums, jewelry, paper, soap or other articles of like character, twenty-five dollars in each county where they may offer such articles for sale. Traveling vendors. NinthUpon every insurance agent (whether person or firm) doing business in this State, ten dollars, and upon every agent of a matrimonial, natal or nuptial company doing business in this State, fifty dollars, which said agents must pay for each county in which he or they shall solicit business for any of their companies. Said tax shall be paid by said agents to the Comptroller-General and shall be in addition to the license fee required of insurance companies by the Act approved March 19, 1869. The receipt of the Comptroller-General for the payment of this tax, together with his certificate as provided by said Act approved

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March 19, 1869, shall constitute the license for said agents to transact business for their companies in each of the counties designated by said certificates. Insurance agents. TenthUpon 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 and their employers. EleventhUpon every traveling vendor using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents without regard to the ownership thereof. Vendors in boats. TwelfthUpon all itinerant lightning-rod dealers or agents, the sum of twenty-five dollars for each and every county in which they may operate. Itinerant lightning-rod dealers ThirteenthUpon 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, twenty-five dollars for each county in which such person or firm does business. Agents for musical instruments. FourteenthUpon all shows and exhibitions (except such as histrionic, musical, dramatic, 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 cities or towns of less than four thousand inhabitants; said tax, so collected, shall be for educational purposes. Shows and exhibitions. FifteenthUpon every circus company, two hundred dollars each day it may exhibit in the State of Georgia; said tax shall be for educational purposes. Circus companies SixteenthUpon all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits, or domestic wines, whether dealing in either or all thereof, 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, blackberries 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 dealers in domestic wines manufactered from grapes grown on their own lands; said tax shall be for educational purposes. Liquor dealers. Proviso. SeventeenthUpon every sewing machine company selling or dealing in sewing machines, by itself or its agents, in this State, and upon all wholesale dealers in sewing machines selling sewing

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machines manufactured by companies that have not paid the tax herein required, two hundred dollars for each fiscal year or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business, and in addition to the above amount, said companies or wholesale dealers shall furnish the Comptroller-General a list of all agents authorized to sell machines, and shall pay to said Comptroller-General the sum of ten dollars for each of their agents, in each county, for each fiscal year or fractional part thereof, and upon the payment of said sum, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State; 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 license fees and tax. This tax shall be for the whole State, and such companies, their agents and wholesale dealers, shall not be liable for any county tax or license fees by the counties for selling sewing machines therein; and said agents shall be required to register their names with the Ordinary and exhibit their license from the Comptroller-General at the time of registering, and thereafter keep the same posted on their wagons or vehicles, or at their places of business. When a company or wholesale dealer transfers an agent from one county to another, said company or dealers shall notify the Comptroller-General in advance of said transfer. In cases where wholesale dealers sell sewing machines manufactured by different companies, such dealers shall pay the license fees and 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 license fees and tax. Any person who shall violate the provisions of this section shall be liable to indictment for misdemeanor, and on conviction shall be fined not more than five hundred dollars and not less than one hundred dollars, in the discretion of the court trying the same. If said fine is not paid within the time prescribed by the court, such person so fined shall be imprisoned as prescribed in section 4310 of the Code. Sewing machine companies. Wholesale dealers. List of agents. Agents' tax. Registry of sewing machine agents. Dealers for several companies Penalty. EighteenthUpon all dealers in pistols, toy pistols, revolvers, pistol or revolver cartridges, dirks or bowie knives, one hundred dollars for each place of business in each county where the same are sold. Dealers in arms. NineteenthUpon 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), five hundred dollars each per annum for the county where each business is carried on: Provided , that this tax shall not be demanded of any cotton warehouseman,

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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. TwentiethUpon each iron safe company selling or dealing in new iron safes by itself or agent, and upon all dealers in iron safes selling or dealing in new iron safes, and upon any individual or company making a regular business of dealing in or selling second-hand iron safes in this State, twenty-five dollars for each county in which they may do business at the time of the commencement of their 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. Before such agent or dealer shall be authorized to sell iron safes, as agent for any iron safe company, or as agent for any dealers in iron safes, he shall make record of the fact of his being such agent or dealer with the Ordinary of the county in which he proposes to do business; and it shall be the duty of said Ordinary to immediately notify the Comptroller-General, and upon failure to register with the Ordinary, as herein required, he shall be liable to indictment for a misdemeanor, and on conviction shall be fined not less than fifty dollars nor more than one hundred dollars, at the discretion of the court trying the same, or be imprisoned, as prescribed in section 4310 of the Code. Iron safe companies Dealers. Records. Penalty. Twenty-firstUpon all itinerant traders and peddlers in buggies, wagons, carts, carriages or like vehicles, twenty-five dollars for each county in which they do business. So much of paragraph 20, section 2, as requires agents or dealers in iron safes to record their agency with the Ordinaries of counties and provides penalties for failing to do so shall apply to the itinerant traders and peddlers named in this paragraph, and it shall be the duty of all Ordinaries to immediately notify the Comptroller-General when such agencies are recorded. Peddlers of vehicles. Twenty-secondUpon 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 20, section 2, as requires agents or dealers in iron safes

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to record their agency with the Ordinaries of counties and provides penalties for failing to do so shall apply to peddlers of stoves and cooking ranges, and it shall be the duty of all Ordinaries to immediately notify the Comptroller-General when such agencies are recorded. Peddlers of stoves, etc. Twenty-thirdUpon 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, fifty dollars for each county in which such person or firm does business. Dealers in billiard and like tables. Twenty-fourth Be it further enacted by the authority aforesaid , That blind persons and Confederate soldiers relieved by the proviso in paragraph first of this section from the payment of the tax designated in that paragraph shall be relieved also from the payment of the taxes designated in paragraphs 6, 7, 8 and 11 of this section if carrying on and dependent upon the kinds of business designated therein: Provided , that before any person shall be entitled to the benefit of any of the exemptions provided for in this paragraph, he shall go before the Ordinary of the county in which he proposes to carry on business and make and file an affidavit setting forth the facts that he is entitled to such exemption, and that he is the proprietor of the business he proposes to conduct and is conducting the same for himself and not for another. Relief of blind persons and Confederate soldiers. Proviso. Twenty-fifthUpon every traveling agent of any nurseryman vending trees or shrubbery in this State, the sum of twenty-five dollars in each county in which said agent may canvass. Agents of nurseries, 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, 10, 11, 12, 13, 14, 15, 16, 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. Returns of taxes in par.1, 2 and 3, sec. 2nd. Of other taxes. Sec. IV. Be it further enacted by the authority aforesaid , That the taxes provided for in paragraphs 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 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 at the time of commencing to do the business specified in said paragraphs. Payment of certain taxes.

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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 centum on all premiums in money or otherwise received by them: Provided , this shall not include return premiums on canceled policies, 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 stock-holders thereof, upon which, as shown by the books of such associations, no advance has been made, or money borrowed thereon, by the individual stock-holders therein, to be taxed as other moneyed capital 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 their capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholder. Building and loan associations. Returns. 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, electric light, 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. Returns of corporations generally. Sec. VIII. Be it further enacted , That all persons or companies, including railroad companies, doing an express, telegraph or electric light business and charging the public therefor in this State, shall pay a tax of one and one-half per cent. on their gross receipts, and all persons, or the superintendent or general agent of each telegraph, express or electric light company, or the president of each railroad company doing such 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 a full account of their

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gross receipts during the quarter ending on such date, and said taxes herein levied upon such gross receipts, as shown by said quarterly returns, shall be paid by the respective persons or companies to the Comptroller-General at the time of making such returns; the gross receipts, herein named shall be construed to mean the full amount of all money received within this State. If any person, superintendent, agent or president, as the case may be, whose duty it is to make returns under this paragraph, shall fail so to do within thirty days after the time herein required, such person, superintendent, agent or president shall be liable to indictment, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882. Tax on express, telegraph and electric light companies. Returns. Penalty for failure. Second That each telephone company shall pay a tax for each of the years 1887 and 1888 of one dollar for each telephone station or box with instruments complete rented or used by their subscribers, and the superintendent or general manager of the company shall make returns under oath and payments to the Comptroller-General on the dates named in the first paragraph of this section. Telephone companies. Returns. Third That each company doing business in this State as a sleeping or palace car company only shall pay a tax of two thousand dollars per year for each of the years 1887 and 1888, which tax shall be payable in quarterly installments to the Comptroller-General on the dates named in the first paragraph of this section. Sleeping or palace car companies Sec. IX. 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 stock-holders of such bank or banking associations, 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 banks or banking associations from the tax on property owned by them, as provided for in section VII of this Act. Bank stock Where taxed. Proviso. Sec. X. 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

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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. Returns for railroad companies Payment of their taxes. Sec. XI. 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 of corporations. Sec. XII. 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 the oath required under the Act of October 20th, 1885, to be attached to the printed lists furnished under said Act and presented to each tax payer: Provided , that non-residents, females and sick persons may subscribe to the oath herein required before any person authorized by law to administer oaths, and cause same to be delivered to the Tax Receiver. Oath for tax returns Proviso. Sec. XIII. Be it further enacted by the authority aforesaid , That the Comptroller-General is authorized and empowered to order the Tax Receivers of this State to commence receiving the returns of taxable property immediately after the first day of April of the years 1887 and 1888, and that the Comptroller-General is empowered and required to cause the taxes to be collected and paid into the State treasury by the 20th of December of each of said years 1887 and 1888. When returns are to be received. Time of payment. 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 December 22d, 1886.

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TAX FOR NEW CAPITOL. No. 32. A bill to be entitled an Act to amend 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, approved September 22nd, 1885. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the above recited Act be, and the same is hereby amended by striking from the fourth line of section 1 of said Act the words an annual and by inserting in lieu thereof the word a, and by striking from the fourth and fifth lines of said section 1 the words one-half of one-tenth of one per cent. and inserting in lieu thereof the words eight and one-half tenths of a mill for the year 1887 and a tax of six and one-half tenths of a mill for the year 1888, so that said section, when amended, shall read as follows: 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, a tax of eight and one-half tenths of a mill for the year 1887, and a tax of six and one-haif tenths of a mill for the year 1888, on all of the taxable property of this State, for the purpose of raising the funds necessary to complete the new capitol now being erected. Rate of tax for 1887 and 1888. 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 20th, 1886.

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PROVIDING FOR CORRECT TAX RETURNS. No. 101. An Act to amend an Act entitled An Act to provide for the correct returns of property in this State for the purpose of taxation, and for other purposes, approved October 20th, 1885, so as to provide additional questions to be submitted to tax payers, on lists to be furnished them by the Receivers of tax returns, as set forth in the first section of said Act, and to provide that said lists and the tax digests issued by the Comptroller-General shall be uniform; also by altering the third section of said Act as to the manner of taking the oath therein prescribed, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That section 1st of the above recited Act be, and the same is hereby amended by striking out all of said section after the word following, in the fifth line of said Act, which is the enumeration of questions to be submitted to tax-payers, and inserting in lieu thereof the following: Sec. 1 of Act of Oct. 20, 1885, amended. Are you subject to poll-tax? New questions. Are you a daguerrean or other artist? Are you a lawyer? Are you a doctor? Are you a dentist? How many hands are employed by you between the ages of 12 and 65 years? 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 acres of wild land do you own or represent in this county by number, district and section? What is the value thereof? What is the value of your improved city or town property, including the improvements thereon? What is the value of your unimproved city or town property? 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?

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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? What is the gross value of your notes, accounts or other obligations for money, and the market value thereofwhether the same are within or without this State? What is the value of your turpentine stills and appurtenances? What is the value of your leases or leased privileges or other assets of like character? 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 presidents or their agents to 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, including lands, 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 and lands? How much capital have you invested in mining, including lands, and what is your surplus fund? What is the value of your household furniture, including your table ware? What is the value of your kitchen furniture? What is the value of your office furniture? What is the value of your pianos, organs and other musical instruments? What is the value of your sewing machines? The value of your gold watches? The value of your silver watches? The value of your watches made from material other than gold or silver? The value of your gold and silver ware? The value of diamonds and jewelry worn by owner or not? The value of horses? The value of mules and asses? The value of cattle?

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The value of sheep? The value of goats? The value of hogs? The value of wagons, carriages and buggies? The value of agricultural tools, implements and machinery? The value of your library, pictures, paintings and statuary? The value of cotton, corn and other farm products on hand and for sale? Value of guns, pistols, bowie knives and such articles? The value of portable saw-mills, gins, engines and other machinery, or of such or other machinery, stationary or otherwise, and not returned as part of the realty? The value of all other property not herein mentioned? So that the said section will read as amended: That for the purpose of having a full and correct return of the real and personal property of 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: Section as amended. Are you subject to poll-tax? Are you a daguerrean or other artist? Are you a lawyer? Are you a doctor? Are you a dentist? How many hands are employed by you between the ages of 12 and 65 years? 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 and section? What is the value thereof? How many acres of wild land do you own or represent in this county by number, district and section? What is the value thereof? What is the value of your improved city or town property, including the improvements thereon? What is the value of your unimproved city or town property? 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?

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How much money on hand? What is the gross value of your notes, accounts or other obligations for money, and the market value thereofwhether the same are within or without this State? What is the value of your turpentine stills and appurtenances? What is the value of your leases or leased privileges or other assets of like character? The value of your 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 presidents or their agents to 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, including lands, 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 and lands? How much capital have you invested in mining, including lands, and what is your surplus fund? What is the value of your household furniture, including your table ware? What is the value of your kitchen furniture? What is the value of your office furniture? What is the value of your pianos, organs and other musical instruments? What is the value of your sewing machines? The value of your gold watches? The value of your silver watches? The value of your watches made from material other than gold or silver? The value of gold and silver ware? The value of diamonds and jewelry worn by owner or not? The value of horses? The value of mules and asses? The value of cattle? The value of sheep? The value of goats? The value of hogs? The value of carriages, wagons and buggies? The value of agricultural tools, implements and machinery? The value of your library, pictures, paintings and statuary?

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The value of cotton, corn and other farm products on hand and for sale? Value of guns, pistols, bowie knives and such articles? The value of portable saw-mills, gins, engines and other machinery, or of such or other machinery, stationary or otherwise, and not returned as part of the realty? The value of all other property not herein mentioned? Sec. II. Be it further enacted by the authority aforesaid , That section third of said Act be, and the same is amended by adding at the end of said section the following words: But the oath of non-residents, females and sick persons may be taken and subscribed before any person authorized to administer an oath and forwarded to the receiver, so that said section, as amended, will read as follows: 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, but the oath of non-residents, females and sick persons, may be taken and subscribed before any person authorized to administer an oath and forwarded to the receiver. Section 3rd amended. Oath of non-residents, sick persons and females. Section as amended. Sec. III. Be it further enacted by the authority aforesaid , That section fourth of said Act be amended by adding at the end of said section the following: The lists furnished by the Comptroller-General, as above provided, shall be so arranged as to make the items in the same correspond as nearly as practicable with the items on the digests as furnished to the receivers of tax returns, so that said section, as amended, will read as follows: 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

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number of such lists to enable them to take the returns of the tax-payers of their respective counties; the lists furnished by the Comptroller-General, as above provided, shall be so arranged as to make the items in the same correspond as nearly as practicable with the items on the digests as furnished to the receivers of tax returns. Section 4th amended. Lists furnished to Tax Receivers. Section as amended. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved December 27, 1886.

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TITLE III. CODE. ACT. Amending section 4533 defining incest. AMENDING SECTION 4533 DEFINING INCEST. No. 46. An Act to amend section 4533 of the Code of Georgia of 1882, defining incest and prescribing a punishment therefor, by striking therefrom the words or affinity, in the third line of said section, and inserting in lieu thereof the following words, to-wit, Or within any of the relationships by affinity enumerated in section 1700 of this Code. 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 4533 of the Code of 1882, defining incest and prescribing punishment therefor, be, and the same is hereby amended by striking out in the third line of said section the words or affinity and substituting in lieu thereof the following: Or within any of the relationships, by affinity, enumerated in section 1700 of this Code, so that said section, when so amended, shall read as follows: Section 4533 of the Code amended. Or affinity stricken. Other words inserted. If any person shall commit incestuous fornication or adultery, or intermarry within the Levitical degrees of consanguinity, or within any of the relationships, by affinity, enumerated in section 1700 of this Code, such person so offending shall on conviction be punished by imprisonment and labor in the penitentiary for any time not less than one nor longer than three years, and such marriage shall be void. Section as amended. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 22d, 1886.

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TITLE IV JUDICIARY. ACTS. Authorizing employment of stenographer by Supreme Court. Probate of foreign wills. Amending law as to two or more judges presiding in bank, etc. AUTHORIZING EMPLOYMENT OF STENOGRAPHER BY SUPREME COURT. No. 70. An Act to authorize the judges of the Supreme Court to appoint a shorthand writer to take down such matter for the use of the court as may be deemed necessary; to fix a limit for the salary of said shorthand writer, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the judges of the Supreme Court of this State are authorized to appoint a shorthand writer for the use of said court and to remove him at pleasure. Employment of stenographer authorized. Removable at pleasure. Sec. II. Be it further enacted by the authority aforesaid , That it shall be the duty of said shorthand writer to attend all sessions of the court, if so ordered, to take down in shorthand, from the dictation of said judges, all decisions or discussions of points of law or evidence that may be necessary, to transcribe all notes in a plain, legible hand that may be required, and generally to do and perform the duties of a copyist and expert, amanuensis and scrivener. His duties. Sec. III. Be it further enacted by the authority aforesaid , That the salary of said shorthand writer or amanuensis shall not exceed fifteen hundred dollars per annum. The said salary shall be fixed from year to year by said judges, and be paid by the Treasurer out of any money not otherwise appropriated. Salary. How fixed.

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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 24th, 1886. PROBATE OF FOREIGN WILLS. No 71. An Act to authorize the probate of wills made outside of the State of Georgia in certain cases to be made in this State and to declare the effect 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 after the passage of this Act, any last will and testament made by a person competent to make a will under the laws of Georgia, resident and a citizen of any of the United States other than the State of Georgia, and which may be construed to dispose of real or personal property in this State, shall be admitted to probate in any county of this State where any of the property disposed of by said will may be at the time such probate is sought: Provided , that said last will and testament shall have been in all respects executed in accordance with the laws of the State in which he resided at the time of the execution; and Provided further , that probate of said will shall have been made in solemn or final form in the State where the testator resided and admitted to record finally as the last will and testament of the testator according to the laws of that State. Probate of foreign wills authorized. Where to be probated. Requisites. Sec. II. Be it further enacted by the authority aforesaid , That a duly authenticated and certified copy of said last will and testament and of the affidavits, orders and proceedings had and made in the probate of said will and the admission of the same to record in the State where such probate was made by the judge of the court or other officer having jurisdiction of the probate of said will originally and under his hand and the seal of the court where, or the officer before whom made shall be, if accompanied by a certificate under the hand and seal of the Governor of the State where probate was made, that the officer certifying had, for himself or his court, original jurisdiction over the probate of such will, and that the proceedings had in the probate of such will and admission of the same to record are according to the laws of that State, shall be prima facie evidence of the death of the testator, his competency to make a will, the genuineness of

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the will, its legality and the sufficiency of the original probate, and unless controverted in the manner now prescribed by law as in the case of wills offered in this State shall be sufficient to make proper probate of same and admit the same to record as of solemn form: Provided , it shall at the same time be shown that said will disposes of real or personal property then in the county where such probate is sought, and said copy-will may be evidence of same. How probated in this State. Contest of. Sec. III. Be it further enacted by the authority aforesaid , That any person who would, as an heir at law, be entitled to any portion of the estate of testator shall be at liberty to file a caveat to said will on any ground recognized as legal in this State, and such caveat and the issues thereon shall be tried in the same manner and under the same laws and regulations which govern similar cases where probate in solemn form is sought to be made of wills executed in this State, except that the copy-will and certificates thereto, as prescribed, shall prima facie entitle the same to be probated and admitted to record as the last will of the testator in solemn form. Who may caveat. How caveat shall be tried. Sec. IV. Be it further enacted by the authority aforesaid , That the effect of the probate as herein made shall be the same in all respects, as if the original will had been proven in solemn form and admitted to record in this State according to the laws of this State, and the title to property disposed of by said will shall rest according to the terms thereof. Effect of probate. Sec. V. 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, 1886. Note.As bearing on this subject, see Code 2433, 2434(a), and Acts of 1882-3, p. 100.

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AMENDING LAW AS TO TWO OR MORE JUDGES PRESIDING AT SAME TIME IN CERTAIN COUNTIES. No. 78. An Act to amend an Act approved September 29th, 1879, entitled an Act to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases so far as relates to counties having therein a city of ten thousand or more inhabitants. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4 of an Act entitled an Act to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases so far as relates to counties having therein a city of ten thousand or more inhabitants, be amended by striking from said section all the words which follow the words, which may be brought in said court, and inserting in the second line between the words causes and pending the words whether civil or criminal, so that said section, when amended, shall read as follows: That this Act shall embrace in its provisions all business and all causes, whether civil or criminal, pending, or which may be brought in said courts. Sec. 4 of Act of Sept. 29, 1879, amended. Applied to both civil and criminal cases Section as amended. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886. Note.This Act amends the Act providing for holding sessions of the Superior Court by two or more judges at the same time in certain cities. The original Act is codfied in the addenda to the Code of 1882, Sec. 247 (a), p. 7.

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TITLE V. SUPERIOR COURTS. ACTS. Changing terms of DeKalb Superior Court. Changing terms of Berrien and Colquitt Superior Courts. Changing fall term of Paulding Superior Court. CHANGING TERMS OF DeKALB SUPERIOR COURT. No. 16. An Act to change the times of holding the Superior Courts of the county of DeKalb, 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 times of holding the Superior Court of DeKalb county shall be changed from the third Monday in March and September to the second Mondays of February and August in each and every year: Provided , that this Act shall not take effect until after adjournment of the next spring term of said Superior Court, which shall be held as heretofore on the third Monday in March, 1887. Terms changed to second Mondays in February and August. When to take effect. Sec. II. It is further enacted , That all writs, 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 prescribed, and that the grand and traverse jurors, which have been drawn for the terms fixed prior to this Act, shall be required to attend and serve as jurors at the terms fixed by this Act. Return of writs, processes, etc. Jurors. Sec. III. It is further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 14th, 1886.

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CHANGING TERMS OF SUPERIOR COURT OF BERRIEN AND COLQUITT COUNTIES. No. 50. An Act to change the time of holding the Superior Courts of the counties of Berrien 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 from and after the passage of this Act, the times of holding the Superior Courts of the counties of Berrien 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 Berrien on the third Monday in March and second Monday in October; in Colquitt on the first Monday in April and October. Terms changed. Berrien. Colquitt. Sec. II. Be it further enacted by authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 22d, 1886. CHANGING FALL TERM OF PAULDING SUPERIOR COURT. No. 110. An Act to change the time of holding the fall term of the Superior Court in the county of Paulding, and for other purposes. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, the fall term of the Superior Court in the county of Paulding shall be held on the first Mondays in August of each and every year, instead of the first and second Mondays in July, as now provided by law. Fall term changed to first Mondays in August. Sec. II. Be it further enacted by the authority aforesaid , That all bills, writs and processes heretofore made returnable to the July term, 1887, of said Superior Court shall be held and deemed returnable to the term of said court to be held under this Act on the first Monday in August, 1887. Returns of 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 December 27th, 1886.

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TITLE VI. MISCELLANEOUS. ACTS. Amending Act ceding land in Fulton county to United States. General pilotage law. Relief of the Provident Savings Life Assurance Society, of New York city. AMENDING ACT FOR CEDING LAND IN FULTON COUNTY TO UNITED STATES. No. 1. An Act to amend section 1st of the Act, approved September 14th, 1885, entitled 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, by striking out from said section I the words two hundred and inserting in lieu thereof the words two hundred and fifty. Section I. Be it enacted by the General Assembly of Georgia , That section 1 of the Act, approved September 14th, 1885, be, and the same is hereby amended by striking therefrom the words two hundred and inserting in lieu thereof the words two hundred and fifty, so that said section, when amended, will read as follows: Section 1. 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 and fifty 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 purpose: Provided , always, that the

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said transfer of jurisdiction 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 officers 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 over not exceeding two hundred and fifty acres. Sec. II. Be it further enacted , That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 19th, 1886. GENERAL PILOTAGE LAW. No. 4. An Act to prescribe and define the powers of commissioners of pilotage for the ports of this State; to license pilots for said ports; to provide for the suspending or revoking of the licenses of pilots; to prescribe and define the powers and duty of the commissioners; to make rules to govern the pilots; to regulate the fees for their seavices; to inflict penalties and to issue annual licenses to coastwise vessels applying for same; to make liable for both inward and outward pilotage when service is tendered outside the bar (whether accepted or not). All vessels not exempt by United States laws, or not licensed as provided for in this Act, or coastwise vessels which are not of less than one hundred (100) tons burthen, to give to the pilot who brings in a vessel the right to take her out, unless the commissioners decide that he shall not, and in that case to give the right to some other pilot; to compel pilots to moor or dock the vessels they bring in without compensation therefor; to compel payment of pilotage fees before departure of vessels and to punish pilots demanding illegal fees; to give half bar pilotage to pilots delivering orders or letters to vessels touching off the bar for instructions, and for other pourposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the commissioners of pilotage at each of the ports of this State are empowered to license such persons (being

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citizens of the United States) of good character as they shall think most fit to act as pilots, for the purpose of conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed during their good behavior. Pilots already licensed for any of said ports or rivers shall continue to act until removed for cause. No additions shall be made to the present number of licensed pilots until the number shall not exceed twenty (20) for the port of Savannah, ten (10) for the ports of Doboy and Darien, fifteen (15) for the port of Brunswick, four (4) for the Great Satilla river and four (4) for the port of St. Mary's, and thereafter, when vacancies occur in the number of pilots in any one of the before-named ports or rivers, the commissioners of that port may in their discretion grant licenses as pilots as hereinbefore provided until the number of pilots reaches the number allowed by this Act, for that port or river. This Act shall not prevent the commissioners of any one of the before-named ports from, in their discretion, granting licenses to such apprentices as were apprentices at the date of the passage of this Act, when any one of such apprentices has fulfilled the requirements of the laws of the State of Georgia and the rules and regulations established by the commissioners of the said port. No person, other than a duly licensed pilot, shall be entitled to receive any fee, gratuity or reward for conducting or piloting any vessel inward to or outward from any of the ports, rivers or harbors for which a pilot shall be licensed. If any person, having no authority or license to act as pilot, or who, having had any authority, has had it suspended or revoked by the commissioners, shall, while his license is suspended, pilot or conduct any vessel inwards to or outwards from any of the ports, rivers or harbors of this State, or if any person interferes with or disturbs a licensed pilot in the way of his duty, such person may on conviction be fined and imprisoned at the discretion of any court having jurisdiction; but any person may assist a vessel in distress without any pilot on board if such person shall deliver up the vessel to the first pilot who comes on board and offers to conduct it, but the vessel must fly the signal for a pilot until one has been received or his services tendered. Licensing of pilots. Terms. Number. Vacancies. Apprentices. Privileges of pilots. Penalty for violation of. Vessels in distress. Sec. II. Be it further enacted , That the commissioners shall suspend any pilot, or deprive him of his license, for want of skillfulness or for negligently or carelessly losing or injuring any vessel in his charge, or when he is laboring under mental derangement, or is so addicted to habits of intoxication as to unfit him, in their judgment, to be entrusted with the charge of a vessel, but in every such case an appeal may be made as is provided for by law. Suspension or removal of pilots.

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Sec. III. Be it further enacted , That the commissioners shall have power, and it is their duty, to prescribe rules and regulations for the government of pilots, and to prescribe the fees for their services, and they may also impose such penalties not inconsistent with this law for neglect of duty, or for a violation of the orders, or of the rules and regulations of the commissioners, as they may think proper. Rules, regulations and fees. They shall, immediately after the passage of this Act (and from time to time thereafter whenever necessary), revise and grade the existing pilotage fees (both inward and outward) on vessels drawing seventeen (17) feet or less, when loaded, so that said fees shall not exceed the average of the fees charged at the ports of Norfolk, Wilmington, Charleston, Port Royal or Beaufort, Fernandina, Pensacola, Appalachicola, Mobile and New Orleans. They shall exempt vessels from the payment of pilotage fees, either inward or outward, unless services are tendered outside the bar and exempt from the payment of outward pilotage fees coastwise vessels changing ports by inside routes, either in changing ports or going to sea, after having changed ports by inside route, unless a pilot is actually employed. They shall allow vessels running coastwise under United States license to pay (after paying the inward pilotage for that trip) an annual license fee of twenty-five (25) cents per registered ton, which shall belong to the pilot entitled to the inward pilotage fee, and the payment of said license fee shall exempt at that port said vessel for twelve (12) months thereafter for compulsory employment of a pilot, either inward or outward, or payment therefor unless services of a pilot are accepted; licenses shall be renewed to vessels after having arrived in port, and if they approach the port after the expiration of a former license, the licenses shall be granted only after they have paid the inward pilotage for that trip if service has been tendered outside the bar, and any vessel, while in a port for which she has had a license, may within ninety (90) days after the expiration of said license make application for and on payment of the license fee shall receive a new license for twelve (12) months from the date of the expiration of the old license. They shall allow half the regular pilotage fees to be collected from all vessels (except those exempt by laws of the United States, or licensed as provided for in this Act) calling at the bar of any of the before-named ports or rivers in ballast seeking for orders if they do not load but leave in ballast, and allow half the regular pilotage fees both inward and outward on all vessels returning to the port at which they loaded (before completing the voyage) from stress of weather or from being damaged or disabled, but vessels subject to go into quarantine shall pay full pilotage fees inward and outward. Fees. Exemption from pilotage fees. License fee for coastwise vessels. Renewals of licenses. Vessels in ballast not loading. Vessels returning from stress of weather, etc. Quarantined vessels.

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Sec. IV. Be it further enacted , That any person, master or commander of a ship or vessel (except vessels exempt by United States laws and vessels while licensed under the provisions of this Act and vessels of less than one hundred (100) tons burthen), bearing towards any of the ports, rivers or harbors of this State, and who refuse to receive a pilot on board, shall be liable, on his arrival in such port, river or harbor in this State, to pay the first pilot who may have offered his services outside the bar, and exhibited his license as a pilot if demanded by the master, the full rates or pilotage, inward and outward, established by law for such vessel. Vessels refusing to take pilot. Sec. V. Be it further enacted , That the pilot who brings in a vessel into port, or one attached to his pilot boat, shall have the exclusive right to take her out unless the master of such vessel shall prove to the satisfaction of the commissioners that such pilot misbehaved himself while in charge of the vessel or was in the meantime deprived of his license, or that such pilot had obtained the inward pilotage against the right of some other pilot first offering his services, and in any of these cases another pilot shall be employed, and in that event the outward pilotage fees shall belong to the pilot who takes her out. Pilot bringing in may take out. Exception. Sec. VI. Be if further enacted , That every pilot in any of the ports, rivers or harbors aforesaid bringing any vessel to anchor in any of said ports, rivers or harbors shall moor such vessel, or give proper directions for the mooring of the same and the safe-riding thereof, or shall dock such vessel if required by the master on arrival, and said pilot shall not be entitled to compensation in addition to his pilotage fees for so doing. Pilot's duties as to mooring or docking. Sec. VII. Be it further enacted , That a pilot bringing a vessel into port, or who has tendered his services to her outside the bar (unless his services have been refused because of her being licensed, as hereinbefore provided), shall be entitled to his fees, both inward and outward, before her departure from port, to be paid in advance, or security given for the payment, and on failure thereof he may refuse to carry the vessel out, and all fees for pilotage may be demanded and recovered, in any court having jurisdiction, from the owner, master or consignee of the vessel, and if any licensed pilot shall ask or demand more fees for his services than are specified in the rates of pilotage, on due proof thereof before the commissioners, he shall forfeit double the amount of such vessel's pilotage. Enforcement of pilot's fees. Excessive fees. Sec. VIII. Be it further enacted , That whenever a vessel shall touch off the bar of any of the ports, rivers or harbors of this State for instructions, any pilot delivering on board such vessel

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any letters or orders shall be allowed one-half of the bar pilotage in and out. Delivering letters, etc. off the bar. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved December 1st, 1886. RELIEF OF THE PROVIDENT SAVINGS LIFE ASSURANCE SOCIETY, OF NEW YORK CITY. No. 81. An Act for the relief of the Provident Savings Life Assurance Society, of New York city. Whereas, The Provident Savings Life Assurance Society, of New York city, failed to make any semi-annual report to the Governor on July 1st, 1886, as provided for in section 2843(a) of the Code of 1882; and Preamble. Whereas, For such failure the Comptroller-General did cancel and revoke the license of said society on September 1st, 1886; and Whereas, The semi-annual report was received by the Governor five days after the cancellation and revocation of said license; and Whereas, The delay in forwarding such semi-annual report was caused by the extreme illness of the vice-president of said society, the president being absent from the city and having delegated and instructed said vice-president to sign such semi-annual report, in consequence of which there was no executive officer to sign the report, it was not sent; and Whereas, It was forwarded immediately upon the executive officer's signing, which was done as early as possible: Section I. Be it therefore enacted by the General Assembly of the State of Georgia , That the said Provident Savings Life Assurance Society, of the city of New York, be, and the same is hereby relieved from said penalty and forfeiture, and that the Comptroller-General do issue to them their license to do business in said State, as formerly, upon their complying with the requirements of the law. Relieved of penalty for failue to make semi-annual report. 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 24th, 1886.

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Part II.Corporations. Title I.BANKS, INSURANCE, LOAN AND TRUST COMPANIES. Title II.RAILROAD COMPANIES. Title III.EXPRESS, TELEGRAPH and TELEPHONE COMPANIES. Title IV.MANUFACTURING and GAS COMPANIES.

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TITLE I. BANKS, INSURANCE, LOAN AND TRUST COMPANIES. ACTS. Amending charter of the Atlanta Loan and Banking Company. Incorporating the Oglethorpe Savings and Trust Company. Amending charter of Georgia Home Insurance Company. Incorporating Capital City Land Improvement and Banking Company of Atlanta, Georgia. Incorporating the Commercial Bank of Atlanta, Georgia. Incorporating the Bank of Stewart County. Incorporating the Merchants' Bank of Rome, Georgia. Incorporating the Douglasville Banking Company. Incorporating the Southern Live Stock Insurance Company. Incorporating the Elberton Loan and Savings Bank. Incorporating the Neal Loan and Banking Company. Incorporating the State Bank of Gainesville. Incorporating the Underwriters' Mutual Insurance Company. Incorporating the Germania Loan and Banking Company. Incorporating the Athens Loan, Banking and Savings Association. Incorporating the Exchange Bank of Athens, Ga. Incorporating the Austell Fire Insurance Company.

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AMENDING CHARTER OF THE ATLANTA LOAN AND BANKING COMPANY. No. 21. An Act to amend an Act to incorporate the Atlanta Loan and Banking Company, and for other purposes, approved October 13, 1885, so as to change the name of said company to the Atlanta Insurance and Banking Company; to confer upon said company the power to do a general insurance business; to otherwise enlarge the powers and privileges of said company; to further amend said Act, and for other purposes. Section I. The General Assembly of Georgia do enact , That section first of the Act incorporating the Atlanta Loan and Banking Company, approved October 13, 1885, is hereby amended by striking out the word Loan from the sixth line of said section and inserting in lieu thereof the word Insurance, so that said section, when amended, shall read as follows: 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 and 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 Insurance 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. Section 1st amended. Name changed to the Atlanta Insurance Banking Company. Sec. II. That section third of said Act is hereby amended as follows: by striking therefrom the word seven, where it appears in the fifth line thereof, and inserting in lieu of said word the word fifteen, and by striking therefrom the words and qualified, a majority, where they occur in the seventh line thereof between the words elected and of, and inserting in lieu of said words the word five, and by inserting between the word corporation and the word and, in the tenth line thereof, the following words: to appoint all agents it may deem necessary; to prescribe the duties and compensation of said officers and agents; to remove any officer or agent at any time; to fill any vacancy that may occur in said board; to call a special meeting of the stock-holders at any time by giving such notice thereof as may be deemed necessary, and by adding thereto, after the last word of said section, the following words: If for any cause said fifteen directors are not elected at said first meeting, they may be

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elected at any subsequent meeting of the stock-holders of said company, so that said third section, as amended, shall read as follows: Section 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 incorporators shall have the right to organize and transact business. At the first meeting of the stock-holders to be called by said incorporators, a board of fifteen directors shall be elected from the stock-holders to hold the office till their successors are elected, five 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; to appoint all agents it may deem necessary; to prescribe the duties and compensation of such officers and agents; to remove any officer or agent at any time; to fill any vacancy that may occur in said board; to call a special meeting of the stock-holders at any time by giving such notice thereof as may be deemed necessary, and to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid. If for any cause said fifteen directors are not elected at said first meeting, they may be elected at any subsequent meeting of stock-holders of said company. Amending section 3d. Fifteen directors to be chosen. Quorum. Agents. Vacancies in board of directors. Called meetings of stock-holders. Failure to elect directors. Sec. III. That section fourth of said Act is hereby amended by inserting in the second line thereof, between the word estate and the word at, the following words: or such other security as the board of directors may accept, so that said section, as amended, shall read as follows: Section IV. That said corporation shall have the authority to loan money on real estate, or such other security as the board of directors may accept, 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. Section 4th amended. Security for loans. Sec. IV. That section fifth of said Act is hereby amended by striking therefrom all the words thereof after the word cases in the fifth line of said section, said words being as follows: 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, so that said section, as amended, shall read as follows: Section V. That said corporation shall have authority to do a general banking business,

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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. Section 5th amended. Limitations as to banking powers stricken. Sec. V. That said Act is hereby amended by adding thereto the following additional sections, to-wit: That when one hundred thousand dollars of said capital stock has been paid in, said company shall have full authority to insure all kinds of property, either real, personal or mixed, against loss by fire, and also against all the hazards of ocean and inland navigation and transportation of every kind and charge and collect therefor such premiums as it may deem best. The contract of insurance to be entered into by said company shall not be binding thereon unless evidenced by a policy of insurance, in writing or print, or both, and signed by the president or vice-president and insurance secretary, said secretary to be elected from the stock-holders by the directors, 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 of said policy of insurance. The said company shall have power to borrow money and give such security therefor as may be considered best; to invest its moneys and transfer its property at pleasure; to make re-insurance of any risks that may be taken by it, and generally to do all acts for successfully carrying on the business of banking and fire and marine insurance, and to exercise all powers incident to such corporations; that all of the accumulations and increase of the funds of said company, after paying current expenses and liabilities, and after setting apart such an amount for a reserve fund, a contingent fund and a re-insurance fund as, in the opinion of the directors, may be necessary, shall be distributed among the stock-holders as a dividend. The manner of declaring such dividend, and the time and place of payment, shall be in the wise discretion of the directors. The directors shall also have the power to give to the holders of policies of insurance of said company a dividend from the net profits of the company of such an amount, in such manner and upon such terms as they may deem proper, but said holders of said policies shall, in no event, have the right to demand such a dividend. The principal office of said company shall be in the city of Atlanta, Georgia, but it may do business and establish branch offices and agencies at any place or places in this State or the United States. Additional sections added. Insurance powers given when Contract of insurance. policies. Insurance Secretary. Liability for loss. Borrowing money. Investments. Re-insurance. General authority. Accumulations. Dividends. Principal office. Agencies. Sec. VI. That the title to said Act is hereby amended by striking therefrom the word loan and inserting in lieu thereof the word insurance, so that said title, as amended, shall read as follows: An Act to incorporate the Atlanta Insurance and Banking Company, and for other purposes. Title of incorporating amended.

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Sec. VII. That whenever any judgment shall be recovered in the courts of this State against said corporation, and there shall be a return of nulla bona as to said corporation made by any proper officer upon the execution issued to enforce said judgment, the same may be levied upon the individual property of any stockholder of said corporation who may be in arrears to said corporation for any unpaid stock, and such amount collected by levy and sale under said execution as such stockholder may be in arrears to such corporation: Provided , such amount does not exceed the amount due upon such execution to be applied to the payment of said execution, and to the extent and for the purposes herein mentioned every judgment against said corporation is hereby declared to be a lien upon the property of said stock-holders from the date of its rendition against the corporation. Liability of stock-holders. Proviso. 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 18, 1886. INCORPORATING THE OGLETHORPE SAVINGS AND TRUST COMPANY. No. 22. An Act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of Georgia , That Joseph J. Dale, William Garrard, Herman Myers, Abraham Vetsburg, Edward Lovell, William E. Guerard, Andrew Hanley, Henry Bendheim, George J. Baldwin, John Lyons, Jesse P. Williams, Luke Carson, Frank X. Douglass, Samuel Meinhard, S. A. Woods, Jno. M. Bryan, John J. McDonough, Walter T. McArthur, John Browne, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate with continuous succession under the name and style of The Oglethorpe Savings and Trust Company, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject-matter involved, to receive, purchase, own, hold and use property of all discriptions, and alien, convey, lease and mortgage and otherwise dispose of same in any manner that a natural

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person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with laws of the land, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Savannah in this State. Corporators. Corporate name General corporate powers. Sec. II. Be it further enacted , That the capital stock of this corporation shall be seventy-five thousand dollars ($75,000) to be divided into shares of one hundred dollars ($100) each, but it shall have power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum not to exceed five hundred thousand dollars ($500,000) whenever it may be deemed expedient by the stock-holders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as thirty-seven thousand five hundred dollars ($37,500) shall be paid in upon said capital stock, and the board of directors shall be authorized to call in the balance of said capital stock in such installments and at such times as may be deemed necessary by said board. Capital stock. Increase. Beginning business. Installments. Sec. III. Be it further enacted , That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such times and places and for such length of time as they may deem best, and when seventy-five thousand dollars ($75,000) of stock shall have been subscribed for, ten dollars ($10) on each share shall be at once paid in cash to said commissioners, and thereupon the said commissioners shall cause notice to be given to the subscribers, by publication in a newspaper published in the city of Savannah, once a day for three (3) days prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize this corporation, and to elect a board of directors. On the assembling of the subscribers, or such of them as may choose to attend, in person or by written proxy, they shall proceed to hold an election for the first board of directors (which shall consist of nine) for this corporation, under the supervision of said commissioners, who shall declare the result of said election and turn over to the board so elected the money subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the

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subscribers and upon their heirs, assigns and legal representatives, and shall be payable at such times and in such installments as the directors may require, the board of directors giving at least one notice in a public gazette published in the city of Savannah, ten days prior to the day fixed for the payment of such installments, and if any stockholder shall fail to pay any such installment so called for for thirty days after the time designated in such call, his stock shall be in default, and the board of directors shall cause same to be sold out to the highest bidder for cash on the first Tuesday of any month, before the court-house door in Savannah, during the legal hours of sale, by an auctioneer, if necessry, upon such notice and advertisement as may be deemed proper by the board, and said stock may be bought in by and for said corporation and be re-issued to some other subscriber upon his paying up the value of same, including the amount of the call, the delinquent stockholder receiving the surplus, if any, which said defaulted stock may bring at such sale, over and above the expenses incident upon said sale, advertisement charges and attorney's fees, if any, and the amount of said call; and any deficiency in the sum thus received, necessary to make the amount of the call, and all said expenses, advertisement charges and attorney's fees shall be made good to said corporation by said delinquent stockholder. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to said corporation as the delinquent would have done had he not so made default. If installments are paid during the said thirty (30) days the stockholder so paying shall also pay interest at the rate of eight (8) per centum per annum upon said installments from the date of the maturity of said call to date of payment as aforesaid. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name at all elections for directors, including the organization meeting, or in any convention of stock-holders, and such vote may be given in person or by written proxy duly appointed. All votes shall be by ballot at any elections (including the organization meeting) and a plurality of votes shall elect. Capital stock. Increase. Beginning business. Installments. Books of subscription. Meeting of subscribers Organization. First directors. Effect of subscriptions. Payment. Failure to pay. Vote of stockholder. Sec. IV. Be it further enacted , That the corporate powers of said corporation shall be vested in and exercised by the board of directors, who shall serve one year, and until the election of their successors, except the first board, which shall serve until successors are elected, and who shall choose out of their own number a president and vice-president, and shall have power to fill any vacancies which may occur in said board, and shall appoint such officers and clerks as may in their judgment be necessary, fix their salaries and define the duties of such officers

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and clerks, and remove them where it seems to said board proper to do so, requiring of any officer or agent so appointed such bond and security as may be deemed by said board proper to secure the faithful discharge by him of his duties and of the trusts reposed in him. Said board of directors shall have power to make by-laws for the management of the affairs of said corporation, and do all things necessary for the protection of its interests, in conformity with the provisions of this Act, subject to revision, modification or repeal by the stock-holders in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation: Provided , that no dividends shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses, and after placing at least ten per cent. of such net earnings annually to a permanent surplus fund until such surplus fund shall be equal to twenty (20) per cent. of the capital paid in, after which time at least five per cent. of the net earnings shall be added to the surplus fund annually. No person shall be eligible as a director who does not own in his own name at least twenty shares of the stock unpledged and unencumbered, and whenever it shall become known to the board that any director has ceased to be the owner of twenty shares of stock, unpledged and unencumbered as aforesaid, the board shall, as soon as possible thereafter, declare such person to be no longer a director, and shall fill such vacancy in the board. The board of directors shall consist of not less than five nor more than thirteen, a majority of whom shall be residents of Savannah, Georgia, and a majority of those known to be in the city at the time of any meeting of the board, including the president and vice-president, shall be a quorum for the transaction of business. Certificates of stock shall be issued to the stock-holders in such form and transferred in such manner as the directors may prescribe, but no transfers or assignments of shares shall operate to release any stockholder from any obligation to the corporation without the consent of the board. The regular annual meeting of stock-holders for the election of directors shall be held at the principal office of the corporation in Savannah, Georgia, on the second Tuesday of January of each year, but if no election shall be held on that day, it may be held on any subsequent day selected by the board of directors, notice once a week for four (4) weeks in all cases having been given in a newspaper published in the city of Savannah, and if the board of directors should, within thirty days after the said second Tuesday in January, fail to make a call for the meeting for election as above, then the stock-holders representing

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two-thirds of the shares may do so on same notice as above. Directors. Term. Officers. Powers as to agents, etc. General authority of board of directors. Dividends. Surplus fund. Qualifications of directors. Vacancies Number of directors. Residence. Quorum. Certificates of stock. Transfers. Annual meetings of stock-holders. Notice. Sec. V. Be it further enacted , That any number of the stock-holders of said corporation who own, or represent at the time, two-fifths of the capital stock may, by giving twenty days' notice thereof in a newspaper published in the city of Savannah, call a meeting or convention of all the stock-holders of the corporation at such time and place in the city of Savannah as may be in such call designated, but no act of the stock-holders in meeting or convention, except the election of directors, shall be valid or binding on the corporation, unless a majority of the stock-holders in value shall be represented; nothing herein provided for shall prevent the board of directors from calling a meeting or convention of the stock-holders whenever said board may deem it proper to do so. Called meetings of stock-holders. Sec. VI. Be it further enacted , That The Oglethorpe Savings and Trust Company shall have power and authority to receive money on deposit (and to issue certificates of deposit) on any terms agreed on; to loan and borrow money and to take and give therefor such securities as may be considered best; to make advances on real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables or other articles of personal property, or of any sort or kind, including certificates of stock, securities and other evidence of the same, or of titles thereto, on deposit for safe-keeping from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, corporations, public and private officers, and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses-in-action of any kind whatsoever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate in or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on terms agreed on and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses-in-action, securities and personalty of all kinds and real estate in this or in any other State or Territory of the United States; to advance and loan money on the same, and to negotiate advances and loans upon same, and invest funds for others

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generally upon such terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal; to receive from persons or corporations mortgages or deeds conveying property, real or personal, in trust to said corporation, securing negotiable notes or bonds, with or without coupons, not bearing a greater interest than the highest contract rate fixed by law of this State, upon such terms and subject to such powers, conditions and limitations as may be agreed on, or be required by the by-laws, or by the board of directors of said corporation, and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons and corporations so executing and delivering such mortgages or deeds in trust, and to sell or negotiate such notes or bonds so secured, or allow them to be sold or negotiated by such persons or corporations so executing and delivering same on such terms as may be agreed upon: Provided , that for such services of negotiating or selling and receiving and paying over proceeds of the sale of said note or notes, bond or bonds to the persons or corporations executing the same, said corporation shall in no case charge a larger compensation than the commissions now allowed by law to trustees for receiving and paying over moneys; to execute and issue its own debentures, bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by laws of Georgia singly or in series, or classes of any denominatton properly secured, upon property placed with said corporation for said purposes, or upon property owned or held by it; to guarantee, insure or indorse, interest-bearing loans, notes, bonds, debentures or other evidences of debt, when said corporation is fully secured, and to negotiate and issue or cause same to be issued for value; to guarantee or insure titles to real estate for valuable consideration; to execute and to issue, demand, receive and enforce all such receipts, certificates, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business; to receive savings on deposit under such requirements and regulations as may be prescribed by the board of directors, not inconsistent with the laws of this State or of the United States, paying therefor such interest as may be agreed upon; to do a general banking, exchange, savings bank, loan and trust company business, and to do all acts as may be considered by it advisable and best for carrying on the same. General banking powers,etc. Bonds, etc. Guaranteed loans, etc. Titles. Savings deposits. Sec. VII. Be it further enacted , That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian when appointed as such by will, but not otherwise; and the

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Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether the office or appointment shall be conferred by any person or persons, or by any corporation, private or public, or by any court either of the United States or this State. The capital stock, property and assets of this corporation shall be absolutely liable for the faithful management of the trust confided to its care as executor, guardian or trustee, agent, assignee or receiver, as aforesaid, and such capital stock, property and assets shall be considered and accepted as the security intended in all cases where bonds and securities are required by law, and no other bond or security shall be required for the faithful performance of any duties imposed upon it when this company shall accept such trusts: Provided , that upon a proper showing made to any court of competent jurisdiction, bond and security may be required. Powers as executor or guardian. As agent, assignee, receiver or trustee. Liability. Proviso. That all laws of force in this State, and not contrary to the provision of this Act, concerning executors, administrators, guardians, trustees, assignees or receivers, shall apply to this company when appointed to such office. That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, and for paying bonds, coupons, certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or coupons (or for doing or performing any other contracts or obligation by this corporation) and generally for managing such business for such corporation as may be agreed upon. May be fiscal agent for the State, etc. When the management of any estate or fund is vested in said corporation under the provisions of this Act, said corporation may be sued as to any matter connected therewith in the county in which the appointment was made, and it shall be the duty of said corporation to have an agent in every such county, upon whom service can be effected, and in case it fails to have such agent, it may be served by publication as non-resident defendants in equity causes are now served. That when said corporation shall have moneys in its hands, (acting in any of the aforesaid fiduciary capacities) which ought to be invested, it may invest same in the bonds or public debt of the United States, or of this State, or in bonds indorsed or guaranteed by the State of Georgia, or in any bonds allowed by this Siate for the investment of fiduciary funds, with like freedom from liability as though ordered to do so by

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the will, deed or other instrument, or order, or decree of court creating the trust: Provided , such investment be not contrary to any of its directions. That said corporation shall not be obliged to convert into cash or change any investment of stocks, bonds or other securities which may come into its hands when acting in any of the aforesaid official or fiduciary capacities, unless directed by deed or will, or otherwise required to do so for the payment of debts, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee, or receiver, or deposit with said corporation any moneys, such court may at any time appoint a suitable person to investigate the condition and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investments, and of the integrity and ability with which its affairs are conducted, and the reasons and figures supporting said opinion. The Governor of this State may, if he sees fit, cause such examination to be made by the proper person or persons annually, or oftener if, in his opinion, any emergency should require it; but nothing in this Act shall be so construed as to exempt this corporation from making the usual returns and exhibits required by law from other banks and trust companies. Management of estates, etc. Suits touching. Agents. Service of process. Investment of fiduciary funds. Proviso. Change of investments. Investigation by the courts. By the Governor. Returns. Sec. VIII. Be it further enacted , That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks or receipts for same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation in course of business with said corporation as to said deposits shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands respectively of such married women, or the parents or guardians respectively of such minors. Deposits by married women, minors,etc. Sec. IX. Be it further enacted , That said corporation shall have its principal office in the city of Savannah, Georgia, but may do or transact business, within its corporate scope, anywhere in the United States of America, and the board of directors shall have power to establish agencies for the transaction of the business of said corporation at any place or places within the State of Georgia or elsewhere that they may deem advisable, and may appoint such agents or officers and delegate to them such powers as may be necessary for the business of such agencies or branches. Principal office. Agencies. Agents,etc. Sec. X. Be it further enacted , That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stock-holders shall be individually liable, equally and ratably, and not one for another, as sureties to the creditors of said corporation, for all contracts and debts of said corporation to the extent of the amount of their stock therein (at the par value

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thereof) respectively, at the time the debt was created, in addition to the amount invested in such shares. Liability of corporation. Of stock-holders. Sec. XI. Be it further enacted , That the powers, franchises and privileges granted by this Act to said corporation shall not be repealed or changed so as to affect its power faithfully to execute and carry out any trust held by or contracts entered into by said corporation, or so to injure any interest committed to its care and management, without the consent of all the stock-holders, creditors and persons interested. Provision against alteration of corporate powers. Sec. XII. Be it further enacted , That this charter shall be of force and effect for the term of fifty (50) years from the date of the organization of said corporation. Term of charter. Sec. XIII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 18th, 1886. AMENDING CHARTER OF GEORGIA HOME INSURANCE COMPANY. No. 24. An Act to amend an Act to incorporate an insurance company in the city of Columbus, to be called the Georgia Home Insurance Company, approved December 12th, 1859, by extending the corporate existence of the said the Georgia Home Insurance Company, and the operation of said Act of incorporation and all Acts amendatory thereof for a period of fifty years from the 1st day of July, 1890. Section I. Whereas, the General Assembly of the State of Georgia did in the year 1859 pass an Act incorporating an insurance company in the city of Columbus, to be called the Georgia Home Insurance Company, which said Act was approved on the 12th day of December, 1859, and by the 9th section of said Act it was enacted, That this charter and all the privileges and powers herein granted shall continue in force for the term of thirty years from the first day of July, 1860; Term of charter extended for eighty years from July 1st, 1860. And whereas, Said Act of incorporation was amended by an Act to amend an Act incorporating the Georgia Home Insurance Company, assented to December 12th, 1859, which said last mentioned Act was approved on the 4th day of April, 1863; And whereas, Said Act of incorporation was further amended by an Act to amend the second section of an Act entitled an Act

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to incorporate the Georgia Home Insurance Company, assented to December 12th, 1859, which said last mentioned Act was approved on the 21st day of March, 1866; And whereas, Said Act of incorporation was further amended by an Act to amend an Act incorporating the Georgia Home Insurance Company, approved December 12th, 1859, and for other purposes, which said last mentioned Act was approved on the 27th day of February, 1877; And whereas, Said the Georgia Home Insurance Company, under and by virtue of the aforesaid Acts of the General Assembly of the State of Georgia, did duly and legally organize as a corporate body and have been doing business under and by virtue of the same to the present time, and the corporate existence of said incorporation will expire by the limitation of its said charter on the first day of July in the year 1890, and from the the nature of the business of said incorporation it is necessary and proper that said charter should be extended for a period of fifty years; and whereas, the stock-holders of said incorporation desire that said charter should be so extended: Therefore 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 ninth of an Act entitled an Act to incorporate an insurance company in the city of Columbus, to be called the Georgia Home Insurance Company, approved on the 12th day of December, 1859, which now reads as follows: Be it further enacted, That the charter and all the privileges and powers herein granted shall continue in force for the term of thirty years from the 1st day of July, 1860, shall be altered and amended by striking therefrom the word thirty and inserting in lieu thereof the word eighty, so that said section, as so altered and amended, shall read as follows: Section IX. Be it further enacted, That this charter and all the privileges and powers herein granted shall continue in force for the term of eighty years from the first day of July, 1860. Sec. II. Be it further enacted by the authority aforesaid , That all of the provisions of the original Act of incorporation aforesaid, and the provisions of the amendatory Acts thereof now of force and effect, are hereby enacted, extended and given the force and effect of law during the full term of said charter as by this Act amended and extended, to-wit, until the first day of July, 1940. Provisions of original charter and amendatory acts extended. 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 20th, 1886.

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INCORPORATING CAPITAL CITY LAND IMPROVEMENT AND BANKING COMPANY, OF ATLANTA, GEORGIA. No. 27. An Act to incorporate the Capital City Land Improvement and Banking Company, of Atlanta, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Capital City Land and Improvement Company, of Atlanta, Georgia, a corporation by virtue of an order granted by the Superior Court of Fulton county, at the spring term, 1884, thereof, with power to buy, sell, improve, lease or rent any real estate; to sell such real estate, improved or unimproved, for cash or on installment, to stock-holders or others; to lend or borrow money; to subscribe to, purchase, own and hold bank and other stock, bonds and securities; to increase its capital stock from time to time to such an amount as it may deem necessary for its corporate purpose, not exceeding four hundred thousand dollars, on ten thousand shares, said corporation be and the same is hereby authorized and empowered to do a general banking business under the name of the Capital City Land Improvement and Banking Company, of Atlanta, Georgia, and that by and under said name it have power to sue and to be sued in any court whatever; to have and to use a common seal, to make and alter such by-laws as it may deem necessary or proper for the conduct of its banking business, not in contravention of this charter or the laws of this State or of the United States; to acquire any property, real or personal, by purchase or satisfaction of any debt due it, or which may have been mortgaged or conveyed to it 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 its board of directors may be for the best interest of said banking company; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange or choses-in-action, claims or rents and perform all such other acts to enforce the payment 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. General banking powers given. Corporate name. General powers. Banking powers. Sec. II. Be it further enacted , That said banking company may receive on deposit all sums of money which may be offered for the purpose of being invested in such sums and at such time and on such terms as its by-laws shall prescribe, and which shall

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be repaid to such depositors at such time 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 be deposited by a minor such money may be withdrawn by the minor without the consent of the parent or guardian of such minor. Deposits. Minors' deposits, Sec. III. Be it further enacted , That said banking company shall have power to receive money in trust; shall have power to accept and execute trusts of every description which 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 or personal estate or trust created in accordance with the law of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto, and the said banking 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 received on deposit by said banking company bearing such interest as may be agreed upon. Powers as to trusts. Trustee or assignee, etc. Sec. IV. Be it further enacted , That the said banking company shall have power and authority to receive for safe deposit all money, bonds, stocks, diamonds and silver plate and all other valuables, and charge a reasonable compensation therefor. Safe deposit. Sec. V. Be it further enacted , That the capital stock of said banking company shall be the capital stock, including the real estate of the corporation to which this charter is granted, which shall include and cover any and all increase of the capital stock of the said Capital City Land and Improvement Company, of Atlanta, Georgia, which shall or may hereafter be made under the power contained in the charter of the said Capital City Land and Improvement Company; the stock-holders of the stock of said Capital City Land and Improvement Company shall be liable to creditors of said banking company for the unpaid subscription to the capital stock subscribed or at any time held by them respectively, and said stock-holders shall be individually liable to creditors of said company in an amount equal to the capital stock subscribed or at any time held by them respectively. Capital stock. Liability of stock-holders. Sec. VI. Be it further enacted , That the powers of this banking company shall be exercised by the board of directors of the Capital City Land and Improvement Company, who shall elect from among the stock-holders of said Capital City Land and Improvement Company a president, vice-president and cashier for said banking company and fix their compensation; they may also appoint such other officers for said banking company as may by them be deemed proper or necessary, and fix the compensation

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of such appointed officers; they may at any time remove such appointed officers, and may, in their discretion, appoint others; they shall require and take bonds from persons so elected and appointed in such sums as to them may be deemed proper for the faithful execution of their duties; a majority of said board of directors shall have power to transact all business. Directors. Officers. Removals. Bonds of officers. Quorum. Sec. VII. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved December 20th, 1886. INCORPORATING THE COMMERCIAL BANK OF ATLANTA, GEORGIA. No. 28. An Act to incorporate the Commercial Bank of Atlanta, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That Jacob Haas, W. A. Hemphill, Jacob Elsas, J. C. Hallman, Aaron Haas, J. W. Rankin, David Mayer, G. T. Dodd, Simon Benjamin, John A. Colvin, Isaac Liebman, John H. Hetner, and their associates and successors, are hereby constituted a body corporate and politic under the name of the Commercial Bank of Atlanta, Georgia, with power by this name to sue and be sued in any court whatever; to have and 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 corporation, or which may have been mortgaged or conveyed to said corporation 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 best interests of said corporation; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange or choses-in-action, claims or rents and perform all such acts or 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. Corporators. Corporate name. General powers. Banking powers.

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Sec. II. Be it further enacted , That 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 interests, 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. Minors' deposits. Sec. III. Be it further enacted , That the said corporation shall have power to receive money in trust; shall have power to accept and execute such trusts of every description that may be committed to it by any order or deeree of court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real and personal estate, or either, 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 corporation 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 with said corporation, bearing such interest as may be agreed upon. Trusts. Assignments, etc. Sec. IV. Be it further enacted , That the said corporation 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 , That the capital stock of said corporation 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 corporation 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 of the stock-holders of said corporation, stating the amount of such increase. Capital stock. Increase. 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 stock-holders may organize and proceed to do business; the powers of the corporation 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 selected or

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appointed in such sums as they may deem proper for the faithful execution of their duties. The directors of the corporation shall be elected upon the first organization upon a call of the 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 stock-holders, 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 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 corporation 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 and agents. First meeting of stock-holders. Annual meeting. Quorum of directors. Vacancies. Vove of stock-holders. Sec. VII. Be it further enacted , That 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. Agencies. Sec. VIII. Be it further enacted , That each stockholder in said corporation shall be individually liable for the debts of the corporation to the amount of his or her unpaid subscription to the capital stock of the corporation, and the stock-holders of said corporation shall be individually liable to creditors of said corporation to the amount of the capital stock subscribed, or at any time held by them respectively. Liability of stock-holders. 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 December 20, 1886. INCORPORATING THE BANK OF STEWART COUNTY. No. 39. An Act to incorporate a bank in the town of Lumpkin, to be called the Bank of Stewart County. Section I. Be it enacted by the General Assembly of the State of Georgia , That Walter S. Gillis, A. H. Simpson, J. E. Godfrey, John G. Singer, J. W. May, J. B. Richardson, C. C. Humber, Robert T. Humber, J. H. Carter, Abe Straus, W. W. Fitzgerald, Wm. H. Tatum, Thomas C. Johnston, T. A. H. Meyers and E.

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M. Sheram, 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 Bank of Stewart County, to be located in the town of Lumpkin, Georgia. Corporators. Name of Corporation. Location. Sec. II. Be it further enacted , That the capital stock of said bank shall be thirty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars whenever a majority of the shareholders may vote to increase the same, said stock to be divided into shares of one hundred dollars each. Capital stock. Sec. III. Be it further enacted , That when thirty thousand dollars shall be subscribed and actually paid in in lawful currency 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 the power of continual succession, under the name of the Bank of Stewart County, and shall by that name exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court of law or equity having jurisdiction in the subject-matter involved, and shall be capable of receiving, purchasing and holding real and personal property, so far as may be necessary for its 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, by-laws and regulations as may be neeessary and expedient to carry into effect the objects and purposes of this Act and the business of said corporation: Provided , said by-laws, rules and regulations are not inconsistent with any law 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 the same; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, and do all other acts it may deem proper for the safe-keeping and proper investment of its funds. Banking powers. Sec. V. Be it further enacted , That the total liabilities to said bank of any person, firm, company or corporation, including in said liabilities of firm, corporation or company the liabilities of the several members thereof for money borrowed, shall at no time exceed one-tenth part 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. Limitation of liabilities as to money borrowed. Exception. Sec. VI. Be it further enacted , That said bank shall be authorized to lend money and take as security therefor personal

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surety, notes, mortgages and other evidences of debt, of value as collateral security and deeds to land, giving bond for titles to the borrower, mortgages to land and chatteled mortgages, and make such changes as may be agreed upon for securing satisfactory investigations of titles and recording deeds and mortgages: Provided , that said bank shall at not time be authorized to lend money and take as security therefor any lands save such as may lie within the limits of the county of Stewart. Lending money, etc. Proviso. Sec. VII. Be it further enacted , That as soon as one-third of the capital stock of said bank shall have been paid in, the commissioners hereinafter named, if they shall see fit, may lend the same, taking therefor such security as they may deem prudent (under the limitations as to realty provided in the sixth section of this Act), but they shall not be authorized to receive on deposit any sum or do any other act until the full amount of the capital stock shall have been paid in. Powers of commissioners as to loans. Sec. VIII. 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 over one-tenth of its net profits of the preceding half year to the surplus fund until the amount of surplus fund shall amount to twenty per cent. of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors. All assets of every kind, including the capital stock and surplus fund, shall be liable for any and all debts of the company, and in addition thereto the stock-holders 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. IX. 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 sales or 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 his or her lawful attorney in fact. Shares of stock. Transfers. Sec. X. Be it further enacted , That the business and powers of said bank shall be exercised by a board of directors consisting of not less than nine nor more than fifteen, each of whom shall be a citizen of the State of Georgia, and owner in his own name of at least one share of the capital stock, one of which directors shall be elected president by the board of directors. Said directors shall also elect a vice-president and a cashier and such other officers as the business interests of said company may demand, and shall make by-laws for the government of said bank, declaring all things, whenever by this charter they are allowed a discretion, or not prohibited from doing. Board of directors. Qualifications. Officers. By-laws.

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Sec. XI. 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 a majority of them may deem proper, but for no less amount than one-third of the capital stock herein allowed. Said directors may call for such amount if they see fit, and when the same shall have been raised said commissioners may proceed to lend the same as contemplated in section seventh, but to do no other act. Said commissioners, acting as directors, may use said fund in such manner until the sum of thirty thousand dollars, the amount of the capital stock herein prescribed in section xi., shall have been raised. Whenever said sum of thirty thousand dollars shall have been raised in cash, including in said amount any such sum as may have been already lent and which may still exist on the books of said company as separate assets, said commissioners, or a majority of them, shall call a meeting of all the stock-holders, so soon after the capital stock of said bank has been raised as convenient, and said meeting, when so called, shall elect a board of directors; said commissioners shall see that the capital stock has been duly raised, and also that said directors have been duly elected; when said board shall have been elected said bank shall be considered fully organized, and be authorized and empowered to do any and all things herein allowed, and the assets and capital stock shall be delivered to them, and said board of directors may thereafter be elected annually on such days as said board, by by-law may prescribe. No election shall be valid when a majority of the whole stock is not represented; and in all conventions of stock-holders or elections for directors each share of stock shall entitle the holder thereof to one vote. Books of subscription. Calls for assessments. Use of funds. Meeting of stock-holders. Beginning business. Elections of directors. Quorum of stock-holders. Votes of stock-holders. Sec. XII. Be it further enacted , That the president and directors of said bank shall be required to lay before the stock-holders semi-annually a statement of the business and condition of said bank, its assets and liabilities, and to make such returns under oath to the Governor of the State as is now required by law for other banks. Statements of business. Returns to the Governor. Sec. XIII. Be it further enacted , That the rights and privilege herein granted to said bank shall remain in force for the period of thirty years from the date of the approval hereof. Term of charter. Sec. XIV. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved December 21st, 1886.

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INCORPORATING THE MERCHANTS' BANK, OF ROME, GEORGIA. No. 40. An Act to incorporate the Merchants' Bank of Rome, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia , That J. King, T. F. Howel, J. J. Black, Max Meyerhardt, Jas. F. McGhee and J. S. Shanklin, 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 Merchants' Bank of Rome, Georgia, to be located in the city of Rome, Floyd county, Georgia. Corporators. Name. Location. Sec. II. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to two hundred and fifty thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed, and ten 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. Organization. Sec. III. Be it further enacted , That when the subscription authorized in the second section of this Act shall be fifty thousand dollars or more, and when ten 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 Merchants' Bank of Rome, Georgia, and by what 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 of 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, 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 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 on deposit; to lend and borrow money,

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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 four 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. 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 contrivance or device exceed one-tenth part of the amount of the capital stock of said bank, but the discount of 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 be entitled to or enjoy any advantge, preference or privilege in the use of the funds of said bank which might not otherwise be extended to them. Restriction on liabilities to. Exception. 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 now 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. 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 to the company for any dues or other indebtedness by such stock-holders to the company, and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while

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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 in 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. Transfers 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 subscriptions than fifty thousand dollars, as hereinbefore provided. The directors of said bank shall be elected by a majority in interest of the stock-holders 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 stock-holders, 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 stock-holders 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. Quorum of stock-holders. Vote of stock-holders. Vacancies of directors. Statements of business, etc. 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. Terms of directors. Minutes. Sec. XI. Be it further enacted , That after ten 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 forty months next after said books

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are closed, at such times and in such sums as the board of directors may determine, under the penalties provided in the next section; but the subscribers may without such call tender the money for said unpaid shares to the board and receive certificates of stock therefor, but after said forty months shall have expired, as aforesaid, then any increase above the original subscription shall be first authorized by the votes of a majority of all the directors of said bank. Assessments of stock. Payments Increase of subscription. 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 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 indebtness for subscription of 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 be resolution of the board of directors, after due notice, be sold, in which case the portion previously paid in, after deduction of all expenses incident to suit or default, the remainder shall be paid back to said delinquent stockholder. Default of payment for stock. 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 sums 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. Bond. Duties and powers. Sec. XIV. Be it further enacted , That the stock-holders shall not be individually liable for the payment of the debts of said corporation, except to the extent of the stock held by each stockholder at the time of the failure of the corporation. Liability of stock-holders. 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, with the privilege of renewing after the expiration of said term. Term of charter. Sec. XVI. Be it further enacted , That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stock-holders shall be individually liable, equally and ratably, and not one for another, as sureties, to the creditors of said corporation for all contracts and debts of said corporation to the extent of the amount of their stock therein (at the par value thereof) respectively at the time the debt was created in addition to the amount invested in such shares. Liability of corporation and stock-holders.

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Sec. XVII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 21st; 1886. INCORPORATING THE DOUGLASVILLE BANKING COMPANY. No. 58. An Act to incorporate the Douglasville Banking Company, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That W. H. Pool, J. A. Pittman, J. L. Selman, R. D. Smith, S. N. Dorsett, T. R. Whitly, J. P. Watson, Jr., J. S. James and N. B. Duncan, and such other 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 Douglasville Banking Company, and under said name may sue and be sued, plead and be impleaded, acquire, purchase and hold and sell real and personal property and generally to do everything necessary to carry out the purposes of this Act. Corporators. Name. General corporate powers. Sec II. Be it further enacted , That the capital stock of said corporation shall be the sum of $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 for, and after the same shall have been authorized by a vote of the stock-holders at a meeting called for that purpose. The stock-holders shall pay in the capital stock in monthly installments in such sums as may be prescribed by the board of directors, not to be less than two dollars monthly per share. Such payments shall continue (unless otherwise ordered by the board of directors) 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 Douglasville Banking Company: Provided , however, that nothing herein contained shall prevent any stockholder or subscriber to the capital stock of said company from paying the whole of said $100 per share in one payment. Capital stock. Payments for. Proviso. Sec. III. Be it further enacted , That as soon as 200 shares shall be subscribed for, and the sum of ten per cent. of the amount subscribed, or two thousand dollars paid in on said stock, said corporation shall have the right to organize and transact business. The principal office of said Douglasville Banking Company shall be in the town of Douglasville, Georgia. The first meeting of said company may be held after ten days' notice

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given by the incorporators, or any three of them, and at said meeting, and annually thereafter, the stock-holders shall elect a board of not more than seven directors, nor less than five, a majority 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 stock-holders in the same. The board of directors shall elect a cashier and an attorney for said banking company, and shall define their duties and fix their compensation. The annual meeting of the stock-holders shall be on the second Monday in November of each year, at which time the board of directors shall be chosen as aforesaid, and each board of directors elected under this Act shall serve as such until their successors are elected and enter upon the duties of their office. Organization. Principal office. First meeting of stockholders. Directors. Quorum. Officers. Annual meetings of stock-holders. Terms of directors. 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 banking company; to establish all rules and by-laws for its government; to provide for all cases of default 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. Powers of directors. Sec. V. Be it further enacted , That said Douglasville Banking Company shall have authority to borrow and 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 Douglasville Banking Company may make loans for any time agreed on and charge interest for the full time and include the same in the note or other security given therefor, and may collect said loan on monthly installments, if the debtor will so agree, without any rebate of interest thereon, and in such cases all the law applicable to the sale of securities, real or personal, pledged or conveyed to loan and building associations are made applicable to the said Douglasville Banking Company. General banking powers. Sec. VI. Be it further enacted , That it shall not be lawful for said Douglasville Banking Company to charge more interest than is provided for by law on any of its loans or discounts, and that all charges for interest over the legal rate per cent. per annum shall be forfeitable to the borrower: Provided , however, that the claimant shall give notice to the president of said Douglasville Banking Company by commencing suit within six months from the payment of said interest, or the time of the discount, for the recovery of the excess of interest, or the right of such claimant to recover said excess of interest shall be forever barred. Provision as to usury. Proviso. Sec. VII. Be it further enacted , That each stockholder shall be individually liable to the creditors of said Douglasville Banking Company only in proportion to the stock held by such stockholder,

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and said liability shall in no event bind the individual property of any stockholder for a greater amount than said stockholder may have in the stock of said Douglasville Banking Company. Liability of stockholders. Sec. VIII. Be it further enacted , That this charter shall continue of force for a term of fifty years. Term of charter. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 23d, 1886. INCORPORATING THE SOUTHERN LIVE STOCK INSURANCE COMPANY. No. 59. An Act to incorporate the Southern Live Stock Insurance Company, and for other purposes. Section I. The General Assembly of Georgia do enact , That James R. Wylie. John J. Falvey, John A. Miller, R. M. Farrar, George M. Hope, James Morrow and Howard E. W. Palmer, their associates, successors and assigns, are hereby created and made a body politic and corporate by the name of the Southern Live Stock Insurance Company for the term of fifty years, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all descriptions, have and use a common seal, and alter the same at pleasure, and generally to do any and all acts necessary to carry into effect the objects of the corporation not inconsistent with the constitution and laws of this State or of the United States. Corporators. Name. General corporat powers. Sec. II. That the capital stock of this corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, to be paid in by the subscribers thereto in such manner and at such times and place as the directors of said corporation hereinafter mentioned may direct. Said capital stock may at any time be increased by the stockholders to one hundred thousand dollars. The incorporators named may open books for subscription to said stock, and a majority of them may at any time call a meeting of the subscribers to said stock for the purpose of organization. At said meeting, or a subsequent one, the stockholders shall elect from their own number not less than seven nor more than thirteen directors, five of whom shall constitute a quorum. If at any time a director ceases to be a stockholder he shall thereupon cease to be a director and a vacancy shall exist. Said directors shall be elected for one year and until their successors are elected. Said directors shall elect from their

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own number a president, vice president and secretary; they shall further appoint all other officers and agents deemed necessary by them for successfully conducting the business of the corporation. They shall at any time have the right to remove any officers or agents of the company; to prescribe their duties and compensation, and provide for the taking of bonds for the protection of the company; they shall have power to fill any vacancy that may occur in their own body; they shall have the power to make all by-laws of said company and to fully manage the business of said company; there shall be an annual meeting of the stockholders of said company at such time as may be determined by them. In all stockholders' meetings a majority shall constitute a quorum. Each stockholder shall be entitled to one vote for each share of stock held by him. The stock may be represented by proxy, but no one not a stockholder shall be capable of holding such proxy. Special meetings of the stockholders may be called at any time by the directors upon giving such notice as they deem best. Capital stock. Books of subscription. Organization. Directors. Quorum. Vacancies. Terms. Officers. Removal, etc. Vacancies. By-laws. Annual meetings of stock-holders. Votes at. Sec. III. That the principal office of said company shall be in the city of Atlanta, Georgia, but it may do business and establish branch offices and agencies at any place or places in this State or the United States. Principal office. Agencies. Sec. IV. That as soon as ten per centum of said capital stock has been paid in, said company shall have full authority to insure against loss by death any live stock whatever and charge and collect therefor such premiums as it may determine. The contracts of insurance to be entered into by said company with the owner of such live stock 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 stipulations and conditions appearing upon the face thereof. No policy of insurance or other contract of said company shall be binding thereon, except it be signed by the president or vice-president and secretary. Insurance powers. Policies. Sec. V. That said company may also have an assessment department and issue to persons policies of insurance conditioned that the losses thereunder are to be paid out of a fund arising from assessments to be paid by the persons holding a policy or policies of insurance in said department. Persons desiring to insure in said department must comply with the terms fixed for entering and pay such assessments as may be made on them from time to time to provide said fund. Said department shall be kept separate from the other business of said company, and the persons holding policies therein shall be only liable to pay such fees and assessments as may be prescribed by said directors, and the only benefit they, as such policy-holders therein, shall derive by reason of the contract of insurance shall be the right to receive pay for any loss sustained under said contract, to be paid out of said

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fund mentioned in this section. Said company may also make separate and distinct departments in said assessment department, according to the nature of the live stock insured, and the persons holding a policy or policies of insurance in said assessment department or said separate department or departments therein shall be liable only to pay assessments for losses in the department in which their stock may be insured if so stipulated in the policy of insurance. Assessment insurance. Sec. VI. That said company shall have authority to loan money and take security therefor; to buy and sell stocks, bonds and other securities; to invest its money as the directors may deem best; to borrow money and give security therefor, and generally to do all acts not inconsistent with the constitution and laws of this State or the United States that said directors may deem for the interests of the corporation. Power to loan money, etc. Sec. VII. That the corporation shall be responsible to its creditors to the extent of its property. Liability of corporation. Sec. VIII. That all the increase and accumulations of said company, after paying current expenses and liabilities, and after setting apart the necessary reserve and contingent 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 the declaring such dividend and the time and place of payment shall be within the control of the directors. Dividends, etc. Sec. IX. That this Act shall take effect from and after its passage, and all conflicting laws are hereby repealed. Approved December 23rd, 1886. INCORPORATING THE ELBERTON LOAN AND SAVINGS BANK. No. 84. An Act to incorporate the Elberton Loan and Savings Bank, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That Thomas M Swift, John P. Shannon, N. G. Long, M. M. Carr, W. G. Smith, H. K. Gardner, W. B. Adams, A. S. Oliver, G. C. Grogan, W. M. Wilcox, E. A. Cason, 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 Elberton Loan and Savings Bank, and under said name may sue and be sued, plead and be impleaded in all courts and places whatsoever; may have and use a

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common seal, with the 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, whether real or personal, and of selling, leasing or otherwise disposing of the same, or any part thereof, and said corporation is hereby granted all such powers as are necessary for the purpose of promoting the objects of said corporation and not inconsistent with the laws of said State. Corporators. Name. General powers. Sec. II. Be it further enacted , That the principal office of said Elberton Loan and Savings Bank shall be located in the town of Elberton, in the county of Elbert, said State. Principal office. Sec. III. Be it further enacted , That the capital stock of said corporation shall be twenty thousand dollars, or 400 shares of $50.00 each, with the privilege of increasing the same to $100,00 or 2,000 shares of $50.00 each: Provided , that said capital stock shall only be increased after a vote by the stockholders at a meeting called by the board of directors for that purposes in which vote at least three-fourths of the paid-up capital stock shall be represented, and at least two-thirds of the said entire paid-up capital stock shall vote for such increase of capital stock. Said capital stock shall be paid in in monthly installments in such sums as may be prescribed by the board of directors, not to be less than $2.00 monthly per share, and such payments shall continue until the entire stock subscribed shall be paid, any stockholder, however, being allowed to pay his entire subscribed stock at one payment. Capital stock. Increase. Payments for stock. Sec. IV. Be it further enacted , That as soon as 400 shares shall be subscribed, and the sum of two thousand dollars paid in on said stock, said corporation shall have the right to organize and transact business. The first meeting of said Elberton Loan and Savings Bank shall be held after said two thousand dollars shall be ready to be paid in, and after ten days notice by publication in the newspaper published in said town, given by any three of the incorporators, who shall also be stockholders. At said meeting, and annually thereafter, the stockholders shall elect of their number seven directors, five of whom shall constitute a quorum to transact business. The board of directors shall select one of their number president; shall also elect a cashier and an attorney for said bank, which officers must be stockholders in said bank, and shall perform such duties and receive such compensation as the board of directors may prescribe and fix. The board of directors shall make semi-annual reports to the stock-holders, and the cashier quarterly reports to the board of directors: Provided also, that the affairs of said bank shall always be subject to the inspection of as many as one-fifth in value of the stock-holders, upon the request of so many in writing to the board of directors. Organization. First meeting. Dirictors. Quorum. Officers. Reports. Inspection by stock-holders.

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Sec. V. 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 rules and by-laws for its government; to provide for all cases of default made by any stockholders in the payment of any installment of subscribed stock; to provide for the forfeiture or transfer of stock, and generally to do and perform all things necessary to promote the objects of the corporation. Powers of directors. Sec. VI. Be it further enacted , That said Elberton Loan and Savings Bank shall have the right to do a general banking business; to receive deposits, discount paper, buy and sell exchange; to acquire, hold and sell real or personal property; in case of sale making titles to the same in its corporate name, and perform al acts usual in such cases. Said bank shall have authority to loan money on real estate, mortgages, on personal property or such other security as the board of directors may approve or determine, 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, and in all cases, all the laws applicable to the sale of securities, real or personal, pledged or conveyed to loan and building association, are made applicable to the said Elberton Loan and Savings Bank. General banking powers. Sec. VII. Be it further enacted , That 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 in addition thereto each stock-holder shall be individually liable to the creditors of said company in an amount equal to the capital stock subscribed or held by him or her at the time the debt sought to be collected may have been created. Liability of stock-holders. Sec. VIII. Be it further enacted , That this charter shall continue in force for a term of fifty years with the privilege of renewal at the expiration of said time. Term of charter. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved December 24th, 1886.

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INCORPORATING THE NEAL LOAN AND BANKING COMPANY. No. 85. An Act to incorporate the Neal Loan and Banking Company in the city of Atlanta. Section I. The General Assembly of the State of Georgia do enact , That T. B. Neal, E. H. Thornton and John Keely, with their associates and successors, are hereby constituted and made a body politic under the name and style of the Neal Loan and Banking Company, and by this name they shall have power to sue and be sued, to hold and possess any species of property, real, personal or mixed, and to sell and dispose of the same at pleasure, to discount notes and drafts; to make advances to planters for the purpose of developing the agricultural interests of the State in loans on mortgages on real or personal property of any and all kinds; to receive deposits of money or valuables of any kind, and to pay such interest on the same as may be agreed on between the parties, not inconsistent with the laws of this State, and to loan or invest the same; to buy and sell bonds and promissory notes, and advance and loan moneys, securities and credits, and may charge such a commission for negotiating loans as may be agreed upon between said company and the party or parties buying or selling such bonds, bills of exchange or promissory notes, or borrowing or receiving such moneys, securities or credits, and the same company shall have power to take and hold as security for and in payment of any loan or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal, and the said company shall have power to purchase, hold, sell, exchange and convey bonds or other property of any nature whatever, and issue such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business, and the said company shall have power to do a general business as a bank of discount and deposit, but shall have no power to issue notes or bills to be used as a circulating medium. Corporators. Name. General powers. Banking powers. Sec. II. The capital stock of said company shall be two hundred and fifty thousand dollars with power in the stockholders to increase the same to an amount not exceeding the sum of five hundred thousand dollars, to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder for the number of shares owned by him, which shall be transferable only on the books of said company under such regulations as they may establish, and the stock of each stock-holder shall at all times be bound for the debts he may owe to the company. The individual property of the stockholder, at

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the time of suit, shall be liable for the ultimate payment of the debts of the company in proportion to the amount of stock owned by each stockholder. Capital stock. Certificates of stock. Transfers. Liability of stock-holders. Sec. III. The officers of said company shall consist of three directors, one of whom shall be president, one vice-president and one cashier and such other minor officers as they may deem necessary for the efficient management of their affairs. The directors shall be elected on the first Wednesday in January in each year, and shall hold their offices until their successors are elected; each director shall be elected by a majority of the stockholders to the office he shall fill. The stockholders may at any regular meeting increase the number of directors to five or seven. Officers. Election of directors. Term. Sec. IV. The said company shall have power to make all such by-laws and rules for conducting their business as they may deem necessary and expedient and not in conflict with the laws of the land. By-laws, etc. Sec. V. The persons herein as corporators may organize and commence business so soon as one hundred thousand dollars shall have been paid in by the stockholders. Organization. Sec. VI. The annual meeting of the stockholders of the company shall be held at the banking house in the city of Atlanta on the first Wednesday in January annually, and all the meetings of the stockholders and in all elections each stockholder shall be entitled to one vote for each share owned by him. Stockholders owning a majority of the stock may call meetings of the stock-holders for the transaction of any specific business by giving ten days' notice in on e or more of the Atlanta newspapers. Annual meeting of stockholders. Vote of stockholders. Sec. VII. The board of directors shall make semi-annual statements of the condition of said company on the first Monday of January and July of each year to its stockholders, and semi-annually to the Governor of the State, of all its debts, liabilities and assets whatever under oath of their president and cashier before a justice of the peace or other officer authorized to administer oaths, and such statement shall be kept in a book for that purpose for future reference. Statements by officers. Sec. VIII. The company shall have a printed copy of this charter placed in a frame in their office, so that all parties may see the same who wish to transact business therewith. Charter to be exhibited. Sec. IX. That this Act shall continue in full force for thirty years. Term of charter. Sec. X. All laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved December 24th, 1886.

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INCORPORATING THE STATE BANK OF GAINESVILLE. No. 107. An Act to incorporate the State Banking Company of Gainesville. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That C. C. Sanders, M. M. Sanders, J. W. Bailey, K. L. Boone, S. C. Dunlap and A. D. Candler, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name and style of the State Banking Company of Gainesville, and by that name shall have perpetual succession, and may sue and be sued and plead and be impleaded in any court whatever, with such powers and privileges as are hereinafter provided. Corporators. Name. General corporate powers. Sec. II. Be it further enacted , That the capital stock of said company shall be fifty 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 fifty thousand dollars of said capital stock subscribed and twenty-five thousand dollars thereof actually paid in in lawful money of the United States, the said company may organize and begin business in the city of Gainesville under this Act. Capital stock. Organization. Sec. III. Be it further enacted , That the said company may receive deposits and pay thereon such interest as may be agreed upon not unconstitutional with the laws of this State, buy and sell, exchange, discount notes, drafts and other evidences of indebtedness; loan and borrow money; take and give therefor such securities as may be deemed best; invest its funds upon such terms as they may consider best, and buy and sell every species of property, both real and personal, that the interest of the corporation may demand, and do all other acts that the safekeeping of its funds and the security and profitableness of its investments may demand. They shall have power to take mortgages on property of every kind, both real and personal, to secure loans made by them and to perform all such legal acts as may be necessary to enforce the payment or fulfillment of any contract made by or with them, and may charge and collect, in additioh to interest, such commissions on loans negotiated and for storage as may be agreed upon between said bank and the party or parties so buying or selling any bonds, bills of exchange or promissory notes, securities or credits. General banking powers. Sec. IV. Be it further enacted , That the business and corporate powers of the company shall be exercised by a president and five directors, who shall be elected as hereinafter provided, and

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who shall have power to make such by-laws for the government of their body and its business as they may deem expedient: Provided , such by-laws be not in conflict with the laws of the State and of the United States. Officers. Powers. Sec. V. Be it further enacted , That the corporators named in the first section of this Act, or any two of them, may open books of subscription to the capital stock of said company, in the city of Gainesville, at such time as they may deem proper. When five hundred shares of one hundred dollars each have been subscribed, the said corporators, or any two of them, shall call a meeting of all persons who have subscribed to the capital stock of said bank to assemble at a time and place to be designated in a written or printed notice, which shall be sent to each person who has subscribed to said capital stock. At the time and place designated in said notice, an election shall be held under the supervision of the said corporators for a president and five directors, in which, and in all subsequent elections, each share shall be entitled to one vote, and the persons receiving the largest number of votes for president shall be declared the president, and the five persons receiving the largest number of votes for directors shall be declared the directors of said company, and the president and directors shall hold their offices till their successors are elected and qualified. Books of subscription. First meeting of stockholders. Election of officers. Vote of stockholders. Term of officers. Sec. VI. Be it further enacted , That the annual convention of stockholders shall be held at such time as may be fixed by the by-laws of the company, but the bona fide holders of one fourth of the paid stock of the company may, by giving two weeks' notice in a public gazette published in Gainesville, call a meeting of the stockholders at any time, but no act of the convention shall be valid unless a majority of the stock is represented. Annual meetings of stockholders. Called meetings. Sec. VII. Be it further enacted , That this Act shall go into effect immediately upon its passage, and shall continue in force for twenty years. Term of charter. Sec. VIII. Be it further enacted , That 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 in addition thereto each stockholder shall be individually liable to creditors of said company in an amount equal to the capital stock subscribed or held by him or her at the time the debt sought to be collected may have been created. Liability of stockholders. 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 December 27th, 1886.

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INCORPORATING THE UNDERWRITERS' MUTUAL INSURANCE COMPANY. No. 109. An Act to incorporate Underwriters' Mutual Insurance Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That Livingston Mims, Edward S. Gay, Clarence Knowles, Joel Hurt, Henry C. Stockdell, William P. Pattillo, John C. Whitner, J. S. Raine, A. E. Waldo, W. T. Crenshaw, John A. Perdue, John T. Hall, Jr., Clarence Angier, Samuel Barnett, all of the county of Fulton, State of Georgia, and their associates and successors, are hereby enacted a body politic and corporate by the name of the Underwriters' Mutual Insurance Company, and by that name shall be competent to sue and be sued; to purchase, hold and convey property of all description; to make, have and use a common seal, and generally to do any act necessary to carry into effect the objects of the corporation, not inconsistent with the laws and constitution of this State or of the United States. Corporators. Name. General powers. Sec. II. Be it further enacted , That the capital stock of this corporation shall be five hundred thousand dollars, to be divided into five thousand shares of one hundred dollars each, to be paid in by the subscribers thereto in such manner and at such times and place as the directors of said corporation, to be elected as hereinafter provided, may direct. So soon as subscriptions may have been received to said capital stock to the amount of one hundred thousand dollars, a majority of the persons named in the first section of this Act shall call a meeting of the subscribers to such stock for the purpose of organization. At this meeting they shall elect thirteen directors, nine of whom shall be residents of Fulton county, Georgia. The said directors shall thereupon elect from their own number a president and a secretary; they shall further appoint all other officers and agents deemed necessary by them for the successful conducting of the business of the company. They shall at any time have power to remove any officers or agents of the company; to prescribe their compensation and duties and provide for the taking of bonds for the protection of the corporation. They shall also have power to fill any vacancy which may occur in their own body; and if the president, secretary or any director (excepting those who do not reside in Fulton county, Georgia) shall be absent without leave for five suecessive regular meetings of the board, a majority may declare his place vacant and proceed to fill it without notice. No person shall be eligible to the office of director unless he owns not less than ten

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(10) shares of the stock of said company, and no director shall be eligible to the office of president or secretary unless he owns not less than fifty (50) shares of said stock. Capital stock. Payments for. Meeting to organize. Directors. Residence. Officers. Bonds. Vacancies. Qualifications for director and other offices. 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 meetings of the stockholders of the company, 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 directors. Annual meetings of stockholders. Special meetings. Sec. IV. Be it further enacted , That at all meetings of the stockholders, those holding a majority of the stock upon which there is nothing due to the company, under any call which may have been made by the directors, shall constitute a quorum, and each stockholder shall be allowed one (1) 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. Vote of stockholders. Sec. V. Be it further enacted , That the principal office of the company shall be in the city of Atlanta, but it may do business and establish branch offices and agencies at any place or places in this State or the United States. Principal office. Agencies. 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 places of payment thereof to the company, and when one hundred thousand dollars ($100,000) in money shall have been paid to said company on account of subscriptions to said stock, and the same invested in bonds and stocks estimated at their actual market value at the date of said investment, and in mortgages on real estate worth double the amount for which the same is mortgaged, then, and not before, the said corporation, under the name of the Underwriters' Mutual Insurance Company, shall have authority to insure against losses by fire on all kinds of property, either real or personal, or mixed; also against all the hazards of ocean or inland navigation and transportation of every kind for such rates of premium as it may determine. The contracts of insurance to be entered into by the said company shall not be binding unless evidenced by a policy of insurance in writing or print, or both, and the liabilities of said company, in case of loss sustained by any policy-holder, shall be governed by the terms, stipulations and conditions appearing

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upon the face thereof. No policy or other contract of said corporation shall be binding except it be signed by the president and secretary. Assessments and payments of stock. General insurance powers. Policies. Sec. VII. Be it further enacted , That the directors shall have power to fix the form of the certificates of stock and the mode of transfer. They shall also have authority to pass such by-laws as may be necessary to carry this Act into effect, and to direct the execution of such contracts as may seem to them best for the interest of the corporation. A majority of those members of the board of directors who reside in Fulton county, Georgia, shall constitute a quorum. Powers 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 Atlanta at such time and place as the directors may prescribe. Default in payment for stock. Sec. IX. Be it further enacted , The stockholders in this company shall be individually liable to its creditors for their unpaid subscriptions. Liability of stockholders. Sec. X. Be it further enacted , That 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. 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. Dividends, etc. 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 December 27th, 1886.

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INCORPORATING THE GERMANIA LOAN AND BANKING COMPANY, OF ATLANTA, GEORGIA. No. 111. An Act to incorporate the Germania Loan and Banking Company, of Atlanta, Georgia. Section I. Be it enacted by the General Assembly of Georgia , That Jacob Haas, Peter F. Clarke, John Stephens, John Carey, Aaron Haas, Henry A. Fuller, John H. Mecaslin and S. G. St. Amand, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic under the name of the Germania Loan and Banking Company, of Atlanta, Georgia, with power under this name to sue and be sued; to have and to use a common seal; to make, alter and amend by-laws for its government, not inconsistent with the laws of the United States or of this State. Corporators. Name. General corporate powers. Sec. II. Be it further enacted , 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 the same at any time to five hundred thousand dollars, and the incorporators are hereby authorized and empowered to open books of subscription for said stock and to organize and commence business when one thousand shares shall have been subscribed and the sum of twenty-five hundred dollars paid in on said stock; the stock shall be paid for in monthly installments of not less than two dollars and fifty cents for each share subscribed for, which monthly payments until the amount paid shall be one hundred dollars per share: Provided , that any stockholder shall have the right to pay the entire amount subscribed at any time. Capital stock. Organization. Payments for stock. Sec. III. Be it further enacted , That at the first meeting of the stockholders, called by a majority of the incorporators, a board of seven directors shall be elected from among the stockholders to hold office for the period of one year and until their successors are elected and qualified; a majority of the board of directors shall constitute a quorum for the transaction of business. Said board of directors shall have power generally to manage the business of the corporation, elect and appoint all such officers as they may deem necessary, fix their compensation and do and perform such other things as shall be delegated to them by the by-laws of said corporation. Directors. Quorum. Powers.

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Sec. IV. Be it further enacted , That said corporation shall have power to acquire any property, real or personal, by purchase or satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to it for moneys which were owing to it or advanced by it, and to hold, control or dispose of the same, as, in the opinion of the board of directors, may be for the best interest of said corporation; to deal in precious metals, foreign and domestic exchange; to buy and sell, discount and collect promissory notes, bills of exchange, claims or rents; to discount, buy and sell stocks, bonds and securities generally; to loan money on real estate and personal property at any rate of interest that may be agreed upon in writing, not exceeding the rate allowed by law, and it may also make such 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. General banking powers. Sec. V. Be it further enacted , That said corporation may receive on deposit all sums of money which may be offered it, for the purpose of being invested, in such sums and at such times and on such terms as the board of directors may agree upon, and which shall be repaid to such depositors at such time and with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by said board, and if money is deposited by any minor, either as an investment or otherwise, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor as though he or she were of full age. Deposits. Minors. Sec. VI. Be it further enacted , That said corporation shall have power to receive money in trust, and shall have power to accept and execute any trust that may be committed to it by any court, and it shall have power to accept any grant, assignment, transfer, devise or bequest and hold any real and personal estate or trust created in accordance with the law of this State, and then to execute on such terms as may be established and agreed upon by its board of directors, and said corporation is hereby fully authorized and empowered to act as trustees or assignee and to receive on deposit all funds in litigation in the various courts of this State and pay therefor such interest as may be agreed upon, not exceeding the lawful rate; it shall also have power and authority to receive for safe-keeping or deposit all moneys, bonds, stocks, diamonds, gold, silver-plate and all other valuables, and charge and collect a reasonable compensation for

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the same, which said charge shall be a lien upon such deposit until paid. Trusts. Trustee or assignee, etc. Safe deposit. Sec. VII. Be it further enacted , That each stockholder of said corporation shall be individually liable for the debts of the corporation to the amount of his or her unpaid subscription to the capital stock, and shall in addition thereto be liable to creditors of the said corporation to the full amount of the capital stock subscribed to or held by them at the time the debt sought to be collected may have been created. Liability of stockholders. 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 27th, 1886. INCORPORATING THE ATHENS LOAN, BANKING AND SAVINGS ASSOCIATION. No. 119. An Act to incorporate the Athens Loan, Banking and Savings Association, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of the State of Georgia , That M. B. McGinty, John Gerdine, Myer Stern, R. B. Russell, Moses Myes, E. R. Boimby, Wm. A. Gilleland, S. M. Herrington and Wm. J. Russell, and such other persons as may hereafter become associated with them, and their successors and their assigns, shall hereafter be a body corporate and politic with continuous succession under the name and style of the Athens Loan, Banking and Savings Association, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject-matter involved; to receive, purchase, own, hold and use property of all descriptions and alien, convey, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal; make by-laws not inconsistent with the laws of the land and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Athens in this State. Corporators. Name. General corporate powers.

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Sec. II. Be it further enacted , That the capital stock of this corporation shall be fifty thousand dollars, to be divided into shares of one hundred dollars each, with the privilege of increasing the same to any sum not exceeding five hundred thousand dollars, after the same shall have been authorized by a vote of the stockholders at a meeting called for that purpose. The stockholders may pay in the capital stock in monthly installments in such monthly sums as may be prescribed by the board of directors, and not to be less than two dollars monthly per share: Provided , however, that nothing herein contained shall prevent any stockholder from paying the whole of said one hundred dollars ($100) per share in one payment. As soon as five hundred shares shall have been subscribed for and five thousand dollars paid in on said stock, the corporation shall have the right to organize and transact business. Capital stock. Payments for. Proviso. Sec. III. Be it further enacted , That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such times and places and for such length of time as they may deem best, and when fifty thousand dollars of stock shall have been subscribed for, ten dollars on each share shall be at once paid in cash to said commissioners, and thereupon said commissioners shall cause notice to be given the subscribers requiring them to assemble at the time and place named in the notice to organize this corporation and elect a board of directors and other officers. On the assembling of the subscribers, or such of them as may choose to attend in person or by written proxy, they shall proceed to hold an election for the first board of directors (which shall consist of seven) for this corporation under the supervision of said commissioners, who shall declare the result of said election and turn over to said board so elected the money subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs and assigns and legal representatives, and shall be payable in such installments as the directors may require, and if any stockholder shall fail to pay any such installment in sixty days after the same is due, his stock shall be in default and the same shall be sold out to the highest bidder for cash, on the first Tuesday of any month, before the court-house door in Athens during the legal hours of sale, by an auctioneer if necessary, or otherwise upon such notice and advertisement as may be deemed necessary by the board of directors, and said stock may be bought in by and for said corporation and be re-issued to some other person, upon his paying up the

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value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, advertisement charges and attorney's fees, if any, and any deficiency in the sum thus received, necessary to make the amount of the installment, and all said expenses, advertisement and attorney's fees, shall be made good to said corporation by said delinquent stockholder. A new certificate of stock shall be issued to the purchaser and he shall stand in the same relation to said corparation as the delinquent would have done had he not so made default. If installments on stock are paid during said sixty days, the stockholder so paying shall also pay interest at the rate of eight per cent. per annum from the time said amounts were due. Each stockholder shall be entitled to one vote for each share, and such vote may be given in person or by written proxy and a plurality of votes shall elect. Books of subscription. Organization. Directors. Effect of stock subscriptions. Default in payment. Sec. IV. Be it further enacted , That the corporate powers of said corporation shall be vested in and exercised by the board of directors, who shall serve one year and until successors are elected, except the first board, which shall serve until successors are elected, and who shall choose out of their own number a president and vice-president, and shall appoint such officers and agents as may in their judgment be necessary, fix their salaries and define their duties, requiring of any officer or agent so appointed such bond and security as may be deemed by said board proper to secure the faithful discharge of the duties and of the trusts reposed in them; said board of directors shall have power to make by-laws for the management of the affairs of said corporation, and to do all things necessary for the protection of its interests in conformity with the provisions of this Act and subject to revision, modification or repeal by the stockholders in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation: Provided , no dividend shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses and after placing at least ten per cent. of such net earnings annually to a permanent surplus fund, until such surplus fund shall be equal to twenty (20) per cent. of the capital paid in, after which time at least five (5) per cent. of the net earnings shall be added to the surplus fund annually. No person shall be a director who does not own in his own name (and unpledged) at least ten shares of stock, and whenever any director ceases to own ten shares of stock unpledged and unencumbered, the board shall declare such person to be no longer a director and proceed to fill such vacancy. Certificates of stock shall be issued to the stockholders in such form and transferred in such manner as the directors

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may prescribe, but no transfer or assignment of shares shall operate to release any stockholder from any obligation to the corporation without the consent of the board. The regular annual meeting of stockholders for the election of directors shall be held at the principal office of the corporation in Athens, Georgia, on the second Tuesday of January of each year, but if no election shall be held on that day it may be held on any subsequent day selected by the board of directors, notice having been given in a newspaper published in the city of Athens for ten days prior to the time of said election. Powers of directors. Dividends. Qualifications for directors. Vacancies. Certificates of stock. Annual meetings. Sec. V. Be it further enacted , That the Athens Loan, Banking and Savings Association shall have power and authority to receive money on deposit and to issue certificates of deposit on any terms agreed on; to loan and borrow money, and to take and give therefor such securities as may be considered best; to make advances on real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables on other articles of personal property of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereto on deposit for safe-keeping, from any person or persons as well as from executors, administrators, guardians, receivers, trustees, corporations, public and private officers, and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses-in-action of any kind whatsoever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on such terms as may be agreed upon and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses-in-action, securities and personalty of all kinds, and real estate in this or any State or Territory of the United States; to advance and loan money on the same and to negotiate advances and loans upon the same, and to invest funds for others generally upon such terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal; to receive from persons or corporations mortgages or deeds conveying property, real or personal, in trust to said corporation, securing negotiable notes or bonds, with or without coupons, not bearing a greater interest than the highest contract rate fixed by law of this State, upon such terms and subject to such powers,

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conditions and limitations as may be agreed on, and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons or corporations so executing and delivering such mortgages or deeds in trust and to sell or negotiate such notes or bonds so secured, or allow them to be sold or negotiated by such persons or corporations so executing and delivering same on such terms as may be agreed upon: Provided , that for such services of negotiating or selling or receiving and paying over proceeds of the sale of said note or notes, bond or bonds to the persons or corporations executing the same, said corporation shall in no case charge a larger compensation than the commissions now allowed by law to trustees for receiving and paying over moneys; to execute and issue its own debentures, bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by the laws of Georgia, single or in series or in classes of any denomination, properly secured upon property, placed with said corporation for said purposes or upon property owned or held by it; to guarantee, insure or endorse interest-bearing loans, notes, bonds, debentures or other evidence of debt, when said corporation is fully secured, and to negotiate and issue or cause the same to be issued for value; to guarantee or insure titles to real estate for valuable consideration; to execute and to issue demand, receive and enforce all such receipts, certificates, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business; to receive savings on deposit under such requirements and regulations as may be prescribed by the board of directors, and to do a general banking, exchange, savings bank, loan and trust company business, and to do all acts as may be considered by it advisable and best for carrying on the same. General banking powers. Guarantors of titles. Savings deposits. Sec. VI. Be it further enacted , That said corporation, after fifty thousand dollars shall have been paid in on its capital stock, shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian when appointed as such by will, but not otherwise, and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is appointed executor of any will. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether such office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any court either of the United States or of this State. The capital stock, assets and property of this corporation shall be absolutely liable for the faithful management of the trusts confided to its care as executor, guardian or trustee, agent, assignee

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or receiver as aforesaid, and said capital stock property and assets shall be considered and accepted as the security intended in all cases where bonds and securities are required by law, and no other bond or security shall be required for the faithful performance of any duty imposed upon it when this company shall accept such trusts: Provided , that any person at interest may, upon motion in the proper court, as a matter of right, require the execution of a bond, on the part of said company, conditioned for the faithful execution of the trust reposed in such an amount as the court may determine. May be executor or guardian. Also agent, assignee, receiver, etc. Liability for trusts. Bond for. Proviso. Sec. VII. Be it further enacted , That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, and for paying bonds, coupons, certificates of stock or other obligations, or for guaranteering the payment of such bonds, certificates, obligations or coupons and generally for managing such business for such compensation as may be agreed upon. When the management of any estate or fund is vested in said corporation under the provisions of this Act, said corporation may be sued in the county in which the appointment was made, and it shall be the duty of said corporation to have an agent in every such county upon whom service can be perfected, and in case it fails to have such agents, it may be served by publication as non-resident defendants in equity cases are now served. That when said corporation may have moneys in its hands (acting in any of the foregoing fiduciary capacities), it may invest the same in bonds or public debt of the United States or of this State, with like freedom from liability as though ordered to do so by the will, deed or other instrument or order or decree of court creating the trust: Provided , such investment be not contrary to any of its directions. That said corporation shall not be obliged to convert into cash or change any investment of stocks, bonds or other securities which may not come into its hands when acting in any of the aforesaid official or fiduciary capacities, unless directed by deed or will or otherwise required to do so for the payment of debts, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee or receiver, or deposit with said corporation any moneys, such court may at any time appoint a suitable person to investigate the condition and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investments and of the integrity and ability with which its affairs are conducted, and the security

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offered and the reasons and figures supporting said opinion. The Governor of this State may, if he sees fit, cause such examinations to be made annually or oftener if in his opinion any emergency should require it. May be fiscal agent for State, etc. Agents. Service on. Investment of fiduciary funds. Investigation by courts. By the Governor. Sec. VIII. Be it further enacted , That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks, receipts for same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation as to said deposits shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands of such married women or of the parents or guardians of such minors. Deposits by married women and minors. Sec. IX. Be it further enacted , That said corporation shall have its principal office in the city of Athens, Georgia, but may do or transact business within its corporate scope any where in the United States of America, and may establish agencies for transaction of its business at any place within the State of Georgia or elsewhere and may delegate to them such powers as may be necessary for the business of such agencies or branches. Principal office. Agencies. Sec. X. Be it further enacted , That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stockholders shall be individually liable, equally and ratably, and not one for another, as sureties to the creditors of said corporation to the amount of their stock therein respectively (at par value) in addition to the amount invested in said shares. Liability of to creditors. Of Stockholders. Sec. XI. Be it further enacted , That this charter shall be of force and effect for the term of fifty (50) years from the date of the organization of said corporation. Term of charter. 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 27th, 1886. INCORPORATING THE EXCHANGE BANK OF ATHENS, GEORGIA. No. 120. An Act to incorporate the Exchange Bank of Athens at Athens, Georgia. Section. I. Be it enacted by the General Assembly of the State of Georgia , That Asbury H. Hodgson, Joseph M. Orr. C. G. Talmadge, James S. Hamilton, H. K. Nicholson, Billups Phinizy, R. K. Reaves, Edward R. Hodgson, Robert L. Bloomfield, Alexander

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Bishop, Thomas Booth, William P. McWhorter, S. H. Stokely, John R. Crave, J. W. Hinton. J. T. M. Haire, James M. Smith and C. W. Hood be, and they are hereby appointed commissioners to open books of subscription to the capital stock of the company by this Act to be incorporated and located in the city of Athens in this State to be called the Exchange Bank of Athens. Said commissioners, or any two of them, are hereby authorized to keep open said books for such time as they may think proper in the city of Athens, and receive subscriptions to the stock of said company in shares of one hundred dollars each, all such subscriptions to be binding upon the subscribers respectively, and their heirs and legal representatives, and be payable at such times and in such installments as the board of directors of said corporation shall prescribe. Corporators. Name. Subscriptions to stock. 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 two hundred thousand dollars, divided into shares of one hundred dollars each, and that when the said capital of one hundred thousand dollars shall have been subscribed and fifty per centum of the same paid in to said commissioners, then the subscribers shall be and become a body corporate and politic with continued succession under the name of the Exchange Bank of Athens, 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 of the subject-matter involved, and shall be capable of receiving, purchasing, holding and using property of every description, and of aliening, conveying, leasing, mortgaging or otherwise disposing of the same in any manner that a natural person might carefully do; said corporation shall have power to make and use, renew and alter at pleasure a corporate seal and to do all acts and things necessary 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 and of the United States. Capital, stock. General corporate powers. Sec. III. Be it further enacted , That when the commissioners, who may act to receive subscriptions as provided for by the first section of this Act, shall have received fifty thousand dollars in cash on account thereof, they shall cause notice to be given to the subscribers by advertisement in one of the newspapers published in the city of Athens two consecutive weeks prior to the time appointed for the meeting of the subscribers requiring them to assemble at the time and place to be designated in the publication to organize and elect a board of directors. On the assembling of the subscribers, or such of them as may choose to attend, the commissioners who may act shall proceed to hold an election by ballot for such number of directors of the company as the subscribers present at such meeting shall determine, and

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no person shall be a director of said company who shall not be a stockholder to the extend to twenty shares or more. All stockholders at all elections of the company and in all matters pertaining to the interests of the company acted on in convention shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing. Executors and administrators shall be entitled to control the vote to which the testator or intestate would be entitled if living, and the stock of minors will be represented by their guardians; that the commissioners who may act (any two or more named in the first section of this Act) shall be judges of the first election of directors, and shall receive and count the votes and ascertain the result and certify accordingly, and the certificates of two or more who may act shall be sufficient evidence of the election of persons declared by them to be elected. After the election of said directors, the commissioners shall deliver to the directors chosen all moneys and credits in their hands, and the subscription book to the stock of the company, and an account of all their actings and doings as such commissioners, whereupon their functions shall cease. Organization. Directors. Qualifications. Stockholders' votes. Sec. IV. That the first and all subsequent boards of directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own members as president of the company, who shall be so styled, and hold the office of president, and act as such until the election of his successor. Every board of directors shall have power to fill all vacancies which may occur in the office of president or director. Terms, etc., of directors. Vacancies. Sec. V. Unless otherwise determined by the stockholders, the board of directors shall consist of five members: Provided , that the company, at any meeting held for the election of directors, may by vote enlarge or diminish the number for the current year. A majority of directors, at the time of meeting, including the president or president pro tempore , shall constitute a board for all purposes, which shall have power to enact all by laws which may be deemed necessary and proper for the business of the company, and may annual and repeal the same and may exercise all the powers granted by this Act to the company to be organized under it, and may confer on the president and other officers to be appointed such powers as may be deemed proper and consistent with this Act, and may appoint all such officers and agents as said board may deem necessary and proper for the business of the company, and fix their salaries or compensation, and may require of such officers or agents such bond and security as may be deemed proper to secure a faithful discharge of duty and trust, and may declare and pay, or cause to be paid to the stockholders, at such times and manner as they may think proper, dividend, from the earned profits of the company: Provided always , that the stockholders in convention shall have the right to increase

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or diminish the power conferred on the board of directors, and to repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Number of directors. Quorum. Powers, etc Dividends. Sec. VI. The board of directors shall have power, from time to time, to prescribe and regulate the manner in which the stock or certificate of stock may be transferred; but no such transfer or assignment of stock shall operate to release the person transferring from any obligation to the company within six months from date of such transfer or assignment, and not then without the express agreement or consent of the board of directors. Transfers of stock. Sec. VII. That in case any subscriber to the stock of said company shall fail or refuse to pay any of the assessments or calls for payments which may be made by the board of directors within the time required, the board of directors may, at any time thereafter, proceed to enforce the payment of the entire amount of indebtedness for subscriptions to stock of such defaulting subscriber by bringing suit therefor in any court of competent jurisdiction, or the said stock belonging to such delinquent may, by resolution of the board of directors, be sold, in which case the portion previously paid in shall be forfeited to the company. Default of payment for stock. Sec. VIII. That any number of the stockholders of said company who own or represent at the time one quarter of the actual capital stock may, by giving twenty days' notice thereof in at least one of the newspapers published in Athens, call a meeting of all the stockholders of the company at such time and place in the city of Athens as may in said call be designated; but no act of the stockholders in convention, except the election of directors, shall be valid or binding unless a majority of the stock shall be represented. Called meetings of stockholders. Sec. IX. That the said corporation shall have power and authority to receive deposits and issue certificates for the same, paying such rate of interest as may be agreed upon and under such rules and regulations as said corporation may establish. Deposits. Sec. X. That said corporation shall have power to receive money on deposit, paying therefor such interest as may be agreed upon; to loan and borrow money; to take and give therefor such securities as may be considered best; to invest its funds upon such terms as may be deemed best and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe-keeping and secure and profitable investment of its funds. General banking powers. Sec. XI. That the bank shall have the right to receive money on deposit, grant receipts for the same, and issue in the transaction of business all necessary and usual certificates and contracts; to make advancements on real or personal property or both; to advance money to corporate bodies, to planters, farmers, factors or merchants; to make loans to government or individuals; to make advancements for improvements or encouragement of transportation

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by water or by land; to acquire, possess or direct any property, real or personal, which its interest may dictate; to deal in precious metals, foreign or domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, contracts, mortgages or choses-in action, claims and rents, and to perform such legal acts as may be necessary to enforce the payment or fulfillment of any contract made to or with them, and may charge and receive in addition to interest such commission on money advanced or for negotiating loans and for storage as may be agreed upon between said bank and the party or parties so buying or selling such bonds, bills of exchange or promissory notes, or borrowing or receiving such moneys, securities or credits: Provided , however, that nothing herein contained shall authorize this bank to charge a rate of interest inconsistent with the laws of this State. Loans of money, etc. Sec. XII. That the said corporation may establish branches or agencies in such cities or towns as the directors may determine for the transaction of business, which shall at all times be under the direction of the board of directors. Agencies. Sec. XIII. That the said company shall be responsible to creditors to the extent of its property, and each stockholder shall be liable for the debts of the bank created while he is a stockholder in said company in proportion to the amount of stock subscribed or held by him. Liability of corporation and of stockholders. Sec. XIV. The said Exchange Bank of Athens shall make annually to the Governor of the State a correct and sworn statement of their affairs. Statements Sec. XV. That this Act, and all the privileges and powers herein granted, shall continue in force for the term of thirty years from and after the organization of the company, which may be organized under this Act, and the property, funds and business transactions of said company during its existence shall be subject to the same rate of taxation that is or may be imposed by law on money or property of the same kind and similar business transactions of individuals like corporations or citizens of this State. Term of charter. Taxation. Sec. XVI. That all laws and parts of laws inconsistent with this Act be, and the same are hereby repealed. Approved December 27th, 1886.

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INCORPORATING THE AUSTELL FIRE INSURANCE COMPANY. No. 123. An Act to incorporate the Austell Fire Insurance Company. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority aforesaid , That W. W. Austell, R. H. Richards, S. M. Inman, Stephen A. Ryan, W. J. Garrett, Paul Romare, O. A. Lochrane, of the city of Atlanta, and their associates and all such persons as shall hereafter become stockholders, shall be, and are hereby declared to be, a body politic and corporate, and known by the name of The Austell Fire Insurance Company, by which name they shall sue and be sued, answer and be answered unto in any court of law or equity in this State or elsewhere; shall have and use a common seal with power to alter the same at pleasure, and by the same name, style and title shall have succession of officers and members and all the rights, powers, privileges and franchises incident to corporations. Corporators. Name. General corporate powers. Sec. II. Be it further enacted, etc. , The capital stock of said company shall be two hundred thousand ($200,000) dollars, with the privilege of increasing the same to five hundred thousand ($500,000) dollars, or any sum less when the holders of a majority of the stock shall so determine, but the said company shall have power to commence business so soon as one hundred thousand ($100,000) dollars have been paid in and invested in bonds and stocks estimated at their actual market value or in mortgages on real estate worth double the amount for which the same is mortgaged. The balance of the stock subscribed to be paid in or added from the profits of the company in such manner as the directors may direct by their by-laws; if any stockholder or stockholders shall fail to pay installments as required by the by-laws, his, her or their stock after ten days' notice may be put up at auction and sold to the highest bidder. Capital stock. When business may be begun. Default in payment for stock. Sec. III. Be it further enacted , The shares of said company shall be in number two thousand and in value one hundred ($100) dollars each, and in case of an increase of the capital stock the same shall be in shares of one hundred dollars each. Value and number of shares. Sec. IV. Be it further enacted, etc. , The persons named in this Act, or a majority of them, or such person as may be authorized by them, may receive subscriptions for stock in said company and the payment therefor, and so soon as five hundred shares are subscribed and paid for, the persons named in this Act, or a majority of them, shall call a meeting of the stockholders at such time and place as they may designate, of which ten days' notice shall be given, and at which meeting the stockholders shall proceed to elect by ballot, or in such manner as they may determine

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upon, each share entitling the holder to one vote; not less than three directors to manage the affairs and business of said company, each of whom shall own in his own right, or as one of a co-partnership in right of the firm, not less than ten shares of the capital stock of the said company, which directors shall continue in office until their successors are elected at such time as may be regulated by the by-laws of said company, to which board of directors shall be paid the moneys received from the subscriptions for stock. Subscriptions for stock. Meeting of stockholders. Directors. Qualifications. Terms, etc. Sec. V. Be it further enacted, etc. , At the meeting provided for in the preceding section of this Act, the stockholders shall make and adopt such by-laws as they may think necessary and proper in relation to the board of directors, and the transaction of the company's business, and the transfer of stock, and other matters that may arise: Provided , that such by-laws shall not be contrary to the constitution of the United States or the constitution and laws of this State, which by-laws may be altered, amended and supplemented by a vote of a majority of the stockholders at such times as they deem expedient or necessary. By-laws. Alterations thereof. Sec. VI. Be it further enacted, etc. , So soon as the board of directors is elected and organized according to the by-laws, the said company shall have power and authority under its common seal to make insurance upon houses, buildings, goods, wares, merchandise, freights and assets of every description; to loan money upon bottomry and respondentia , and to loan and borrow money at legal rates, and also to cause themselves to be re-insured upon any risk upon which they have made insurance and upon the interest they may have in any property, houses, buildings, goods, wares, merchandise or assets of every description by virtue of any purchase, loan or otherwise acquired right, title or interest whatsoever; to purchase and hold such and so much real estate as shall be necessary for the transaction of its business, and also to hold and take any real estate as security bona fide , mortgaged or pledged to said corporation to secure the payment of any debt that may be due it, and to purchase on sales made by virtue of any judgment at law, or any order or decree of a court of equity, or otherwise to take, hold and receive any real estate in payment or towards satisfaction of any debt contracted and due to said corporation, until they can conveniently convert the same into cash or other personal security or property; also to insure and take risk upon all classes of freights or goods, wares or merchandise of every description, the same being stationary or in transitu , either by rail or by water; but nothing in this Act contained shall authorize the said company to issue bank bills. General insurance powers, etc. Sec. VII. Be it further enacted, etc. , It shall be the duty of the board of directors, at their first meeting after election, to appoint one of their number president of said company, and in case of death, resignation or removal from the State of the president or

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any director, or in case he should cease to be a stockholder, the remaining directors shall fill his vacancy, and it shall be lawful for the president and the directors, after the first meeting of the stockholders, to regulate the transaction of all the business of the corporation, and shall have power to make by-laws, appoint all officers, agents, assistants and secretaries necessary for the management of said corporation, and to prescribe their duties and salaries, and to declare and make dividends of the profits, establish rules for the management and disposition of the property and effects of the company and all matters appertaining thereto. Officers. Vacancies. Powers of directors. Sec. VIII. Be it further enacted, etc. , Such company may purchase, have, receive, hold, sell, assign and transfer at pleasure any and every species and kind of personal property, and the privileges hereby granted shall be and continue in force for thirty years from the date of this Act. May purchase, sell, etc., personal property. Term of charter. Sec. IX. Be it enacted, etc. , That this corporation shall be liable to its creditors to the extent of all its property and assets, and that the members or stockholders shall be individually liable to the extent of their unpaid subscriptions. Liability to creditors. Sec. X. Be it further enacted , That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved December 28th, 1886.

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TITLE II. RAILROAD COMPANIES. ACTS. Incorporating the Atlanta and Hawkinsville Railroad Company. Incorporating the Georgia, Carolina and Northern Railway Company. Incorporating the Atlanta, Mississippi and Atlantic Railway Company. Incorporating the Macon, LaGrange and Birmingham Railroad Company. Incorporating the Atlantic, Birmingham and Great Western Railway Company. Incorporating the Rome and Northeast Railroad Company. Incorporating the Augusta and Chattanooga Railroad and Banking Company. Amending charter of Rome and Carrollton Railroad Company. Confirming rights granted E. W. Miller and others under the general railroad law. Amending charter of Marietta and North Georgia Railroad. Amending charter of Macon City and Suburban Street Railroad Company. Incorporating Tallahassee, Bainbridge and Western Railway Company. Incorporating the Salt Springs, North and South Railroad Company. Incorporating the Salt Springs and Bowdon Lithia Railroad Company. Amending charter Darien Short Line Railroad Company. Incorporating the Deep Water Railroad Company. Incorporating the Savannah and Jacksonville Air-Line Railroad Company. Incorporating the Atlanta and Edgewood Street Railroad Company. Amending chapter of Athens and Jefferson Railroad Company. Amending charter of Rome and Decatur Railroad Company. Incorporating the Thomaville Street Railroad Company. Incorporating the West End and East Point Street Railroad Company. Amending charter of Georgia Midland and Gulf Railroad Company. Amending charter of Rome and Decatur Railroad Company. Amending charter of Rome and Decatur Railroad Company. Incorporating the Atlanta and Asheville Railroad Company. Incorporating the Cartersville and Gainesville Air-Line Railroad Company. Incorporating the Americus, Preston and Lumpkin Railroad Company. Incorporating the Griffin, LaGrange and Western Railroad Company. Incorporating the Atlanta and Alabama Railway Company. Amending charter of Columbus and Florida Railway Company. Incorporating the Washington and Elberton Railway Company. Incorporating the Austell Street Railroad Company.

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INCORPORATING THE ATLANTA AND HAWKINSVILLE RAILROAD COMPANY. No. 5. An Act to incorporate the Atlanta and Hawkinsville 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 John N. Dunn, Aaron Haas, Samuel B. Hoyt, Walker P. Inman, Ed. W. Marsh, A. P. Wright, of Thomas county; Thomas L. Langston and James R. Wylie, of Fulton county; L. F. Blalock, of Fayette county; J. M. Head, of Pike county; W. R. Davis, of Monroe county; H. C. Harris, and W. M. Gordon, of Houston county, and P. C. Clegg, of Pulaski 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 Atlanta and Hawkinsville 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 corporations. Corporators. Corporate name. 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, construct and equip, as well as maintain and operate, a railroad from the city of Atlanta, in Fulton county, in a southerly direction to or near Hawkinsville, in Pulaski county, Georgia, or to or near Thomasville, in Thomas county, Georgia, or to both Thomasville and Hawkinsville, if desired, and to run through such counties as may be necessary to reach one or both of said points 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, that said company is empowered to cause such examination and surveys to be made of the proposed line between the cities of Atlanta, Hawkinsville and Thomasville 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

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property for the construction, maintenance and accommodation of said railroad, and to hold 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 accommodation 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 the charter hereinafter adopted; to construct its railroad across, along and upon any water course, street, highway or canal and along or across on grade-level any other railroad which the route 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 turnouts, sidings and switches and other conveniences necessary in the construction of the railroad, and when it is necessary it 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 coutrary 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, etc. Powers incident to railroad. Right-of-way. May cross water courses, canals, other railroads, etc. May join or unite with other roads, etc. Carriers of passengers and freight Buildings, docks, etc. Borrow money. Make deed and mortgages. Sec. IV. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be five hundred thousand dollars, with power, by a two-thirds vote of the stockholders, to increase the same to an amount not exceeding two million dollars, and which shall be divided into shares of twenty-five dollars each, and said company shall be authorized to commence work whenever five per cent. of the amount of capital stock subscribed shall have been paid in. Capital stock. Commencement of work. Sec. V. Be it further enacted by the authority aforesaid , That no certificate of stock shall be issued to any subscriber until the

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last payment for the full amount of stock subscribed has been paid, and nothing in this Act shall be so construed as to render invalid, illegal or less binding any subscription made to or any contract made with said Atlanta and Hawkinsville 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 Atlanta and Hawkinsville 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 these 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. Certificates of stock. Effect of subscriptions to stock. Ancillary to charter under general railroad law. Sec. VI. Be it further enacted by the authority aforesaid , That the board of directors of the Atlanta and Hawkinsville Railroad Company may construct a road of such gauge as its board of directors may determine. Gauge of road. Sec. VII. Be it further enacted by the authority aforesaid , That the Atlanta and Hawkinsville Railroad Company hereby incorporated shall have all the rights, powers, privileges and immunities granted to and conferred upon the Georgia Midland and Gulf Railroad Company by the Legislature of Georgia by Act approved September 29th, 1885, as fully and completely as if all of said rights, powers and privileges and immunities were herein enumerated, saving only that the rights, powers, privileges and immunities therein mentioned shall apply as between the terminal points mentioned in this charter and to the counties through which this road may be laid out and constructed. 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 1887, and they are hereby appointed and authorized to act as directors of said company until the annual meeting of stockholders in 1887 and until their successors are elected, to-wit: John N. Dunn, Walker P. Inman, Edward W. Marsh, James R. Wylie, Aaron Haas, Samuel B. Hoyt, Thomas L. Langston, L. F. Blalock, J. M. Head, W. R. Davis, H. C. Harris, W. M. Gordon and P. C. Clegg, with all the powers conferred by this Act and the by-laws of the company. Same powers as were granted Georgia Midland Gulf R. R. Exception. First directors. Their authority. Sec. VIII. Be it further enacted by the authority aforesaid , That the methods of acquiring and condemning property for the right-of-way and for other uses of the Atlanta and Hawkinsville Railroad Company shall be the same as those incorporated in the

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charter of the Georgia Midland and Gulf Railroad Company referred to above. How right-of-way is to be acquired. 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 December 7th, 1816. INCORPORATING THE GEORGIA, CAROLINA AND NORTHERN RAILWAY COMPANY. No. 6. An Act to incorporate the Georgia, Carolina and Northern Railway 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 R. F. Hoke, L. W. Perrin, A. L. Hull, A. H. Hodgson, R. J. Lowry, C. A. Collier and Hoke Smith, and their associates, successors and assigns, be and they are hereby incorporated under the name and style of the Georgia, Carolina and Northern Railway Company, and by that name they shall have continuous succession as a corporation. Corporators. Corporate name. Sec. II. Be it further enacted , That the books of subscription to the capital stock of said corporation shall be opened under the direction 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 subscription to said capital stock may be received by any one of said persons, and all subscriptions to such capital stock shall be paid in cash or that which such persons deem its equivalent, in installments as called for by the board of directors. Books of subscription. Payments for stock. Sec. III. Be it further enacted , That the capital stock of said corporation shall be one million dollars, with the privilege by a majority of its stockholders of increasing the same from time to time, for the purpose of building the said road or of purchasing or building extensions or branches thereto, or both, or of paying its debts, to any sum not exceeding six million dollars. Said capital stock shall be divided into shares of one hundred dollars each. Capital stock. Sec. IV. Be it further enacted , That said corporation shall be entitled to commence operations and exercise all the rights, powers, privileges, functions and franchises granted by this charter

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as soon as the sum of twenty-five thousand dollars has been bona fide subscribed on the books of said corporation. When business may begin. Sec. V. Be it further enacted , That in all meetings of said corporation each share of stock shall entitle the holder to one vote, to be given in person or by proxy, and said shares shall be considered as personal property, and shall be transferable on the books of said corporation in such manner as may be provided for in the by-laws. Votes of stockholders. Transfers of stock. Sec. VI. Be it further enacted , That the affairs of said corporation shall be managed by the persons named in the first section of this Act until permanent directors are elected, as hereinafter provided, and in case of the death or refusal to act of one or more of said persons as director or directors, the remaining persons shall have the power to elect other persons as directors for the time being to act in their stead. Provisional government. Sec. VII. Be it further enacted , That the provisional board of directors authorized to act by the preceding section of this Act shall, so soon after the passage of this Act as may be deemed expedient by them, call a meeting of the stockholders of said corporation, to be held at some place upon the proposed line of said road, which meeting when assembled shall proceed to elect a permanent board of directors, majority of the stock voting being necessary to a choice. First meeting of stockholders. Election of directors. Sec. VIII. Be it further enacted , That the affairs of said corporation shall be managed by a board of directors to consist, unless enlarged as hereinafter 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 public notice as may be fixed by the by-laws: Provided , that at least thirty days' notice of all meetings of the stockholders shall be given in some paper fixed by the by-laws. The board of directors shall elect one of their number president, who shall have such power and authority and 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 by-laws, rules and regulations for the government of said corporation and the management of its business, and to appoint a secretary and treasurer and such other officers necessary for its business. They shall have authority, under such restrictions as may be provided by a majority of the stockholders, to manage and conduct all the business of the corporation of every kind; to make contracts; to borrow money; to give notes or other evidences of debt; to issue bonds at any time, and to execute, if deemed expedient, any deed or deeds, mortgage,

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or 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 fill all vacancies that may occur in the board of directors or in the officers of said corporation. The stockholders shall have authority to enlarge the number of members of the board of directors from time to time, so that the same may consist of not exceeding thirteen members. Number of directors. Quorum. Term. Meetings of stockholders. President. His powers and duties. Powers of directors. Vacancies. Increase of number. Sec. IX. Be it further enacted , That if any stockholder shall fail to pay according to the terms of his subscription the sum required of him by the president and directors, or a majority of them, within one month after the same shall have been advertised, it shall and may be lawful for the said president and directors, or a majority of them, to sell at public auction and convey to the purchaser the share or shares of such stockholder so failing or refusing, giving one month's previous notice of the time and place of sale in manner aforesaid, and after retaining the sum due, and all charges of the sale out of the proceeds thereof, to pay the surplus over to the former owner or his legal representative, and if the said sale should not produce the sum required to be advanced, with the incidental charges attending the sale, then the said president and directors may recover the balance of the original proprietor, or his assignee, or the executor or administrator of either of them; any purchaser of stock under the sale by the president and directors shall be subject to the same rules and regulations as the original proprietor. Failure to pay for stock. Sec. X. Be it further enacted , That the principal office of said corporation shall be in Atlanta, but said corporation shall have power and authority to establish branch offices for the transfer of stock or the transaction of its business in such other places as the directors may deem best for its interest, and all notices and legal processes may be served on said corporation as now provided, or may hereafter be provided, by law for service on corporations. Principal office. Branch offices. Service of process. Sec. XI. Be it further enacted , That said corporation shall have authority to construct, purchase, own, operate, maintain a main line of railroad from some point on the South Carolina line, in Elbert county, by way of Athens, in the county of Clarke, to Atlanta, Georgia, in the county of Fulton, and said corporation shall have all the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its incorporation. It may purchase, condemn and acquire such rights-of-way, not exceeding one hundred feet in width, and terminal facilities and real estate along said line as may be necessary or proper, either for its immediate use or to aid in accomplishing its construction, and shall have power to issue stock,

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borrow money, issue bonds and secure the same by mortgages or deeds of trust as heretofore provided for. Route. Franchise as railroad. Rights-of-way. May issue stock, bonds, mortgages, etc. Sec. XII. Be it further enacted , That said corporation is vested with all and singular the rights, powers and authority which are necessary or proper to enable it to locate, construct, use and enjoy and maintain its railroad between the points before mentioned, and said corporation may also cross at a grade-level any other railroad or railroads in this State, and may run over any part of the right-of-way of any other railroad or railroads when it is necessary or proper. It may run over two miles, but not more, of the track, other than the main track, of any other railroad or railroads necessary or proper to reach its freight or passenger depot in any city through or near which its said railroad may run: Provided , that said corporation acquires the right to run over such right-of-way or track of any such road by contract, lease, purchase, condemnation or otherwise; and in the event such corporation does not acquire such right to run over the track or right-of-way of any other railroad or railroads by contract, lease, purchase or other arrangement, then and in that case said corporation may acquire such right by condemnation as provided in this Act for the condemnation of rights-of-way, and said corporation shall have authority to connect its tracks with the tracks of other railroads in such cities, and to lay out such side-tracks, switches and other means as are necessary to connect with such roads and to reach the depots aforesaid. May cross other railroads. Or may run over their right-of-way for certain distances. How the right may be acquired. By condemnation May connect with other roads, etc. Sec. XIII. Be it further enacted , That in the event that said corporation does not procure from the owner or owners thereof by contract, lease or purchase the titles to the land or rights-of-way necessary or proper for the construction or connection of its said railroad and its branches or extensions, as necessary or proper for it to reach its freight or passenger depot in any city in this State as provided in this charter, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over such rights-of-way or tracks of other railroads as aforesaid, upon paying or tendering to the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot or do not agree upon the damage done such other railroad company for the use of its right-of-way or track as aforesaid, or to the owner or owners of the land which the corporation seeks to appropriate as a right-of-way or for its purposes, the corporation shall choose one of the citizens of this State as its assessor, and the person or persons or railroad company owning the land

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sought to be taken, or the right-of-way or track sought to be used, shall choose another as his, her, its or their assessor, and in case the persons owning such land, or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used should fail or refuse to make such choice, or select some one to represent his, her, its or their interest, or should be an insane person, lunatic, idiot or minor, or under any disability from any other cause whatever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or right-of-way, or use of track so sought to be condemned is situated, to make such selection for such owner or owners, or railroad company so failing or refusing or unable to make the same as aforesaid: Provided , that said corporation gives notice to said Ordinary that such owner or owners or railroad company refuses or fails to act as aforesaid, or is an insane person, lunatic, idiot or minor, or under disability from any other cause whatsoever, and has no legal representative, and the two assignors thus selected shall choose a third assignor; if the two assignors shall fail for five days to agree upon a third assignor, the judge of the Superior Court of the circuit shall appoint the third assignor, and the three assignors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered, both as to the benefits and as to the damage done to the owner or owners of such right-of-way and right to use the same, and of such track sought to be used, or of such land sought to be condemned, as the case may be, they, or a majority of them, shall assess the damages and value of the property so sought to be condemned, and shall say in writing what sum said corporation shall pay for the right-of-way, right to use such track or land so sought to be condemned by it, and they shall file their said award within ten days after it is made in the office of the Clerk of the Superior Court of the county where said land or right-of-way or track sought to be used or condemned is located, and the said Clerk shall record the same, and it shall have all the force and effect of a judgment or decree rendered by the Superior Court of said county, and in case either party is dissatisfied with said award, the party so dissatisfied, and in case he or she or they be under disability, and have no legal representative, the Ordinary aforesaid, as the representative of such party, shall have the right, by giving written notice to the other party within ten days from the time said award is filed as aforesaid in said Clerk's office, to enter an appeal in writing from said award to the Superior Court of the county where such award is filed, at the term then

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in session, if the court is in session, or if the court is not in session, then at the next term of said court, unless continued for legal cause, it shall be the duty of the judge presiding in said court to set said case specially for trial before it is reached on docket, and to cause an issue to be made up as to the damage or valuation of said land, right-of-way or right to use such track, as the case may be, and the same to be tried, with all the rights for hearing and trying said cause in the Superior Court and in the Supreme Court, as provided for cases at common law. No property shall be taken or damaged without just and reasonable compensation being first paid. Should no appeal be entered from said award within said time, and should said corporation fail to pay the same, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award, as in other cases of judgments of the Superior Court, and said execution may be levied upon any of the property of such corporation, as in cases of other executions, and if such land-owner or land-owners be an insane person, lunatic, idiot or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded, or found due by the said corporation, for the land so taken, shall be paid to the Ordinary, and he shall cause the same to be invested for the use of such owner or owners, and to this end he shall appoint such guardian or other legal representative to take, hold, manage and control such fund as is usual, necessary or proper, and said right-of-way and rights to use such track shall vest in such corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owners thereof. Disputed rights-of-way. Assessors. Proviso. Return of assessors. Its effect. Appeal. Issue and trial. Failue to pay award. Payments for lunatics, idiots, etc. Sec. XIV. Be it further enacted , That said company is hereby authorized and empowered to merge and consolidate its capital stock, estate, real, personal and mixed, franchises, rights, privileges and property with any other railroad company or companies chartered by and organized under the laws of this or any other State or States, whenever the two or more railroad companies so to be merged and consolidated shall and may form a continuous line of railroad with each other, or by means of any intervening road or roads, and said consolidation may be effected by its directors in such manner and on such terms and conditions and under such name and style as a majority of the stockholders may determine, and the number of directors of the said consolidated corporation shall consist of not less than six nor more than thirteen persons, as the stockholders may determine, which said directors, or a majority of them, shall elect a president and shall appoint such officers and agents as may be deemed necessary;

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shall establish a common seal and do such other acts as may be necessary for the conduct of the corporation so formed, and the said directors, or a majority of them, may establish the principal office of said consolidated company at such place as they may deem best: Provided , that the said consolidated company maintains in this State an office or offices, and agent or agents upon whom process may be served. May unite or consolidate with other roads. When. How. Sec. XV. Be it further enacted , That it shall and may be lawful for any railroad or transportation company created by the laws of this or any other State, from time to time, to subscribe to or purchase and to hold the stock and bonds, either of this company or of any company formed under section fourteen (14), or to guarantee or endorse such bonds or stock, or either of them, and it shall and may be lawful for any railroad or transportation company or companies created by the laws of this or any other State to purchase, use or lease the road property and franchises of this company, or of the company formed under section xiv., for such time and upon such terms as may be agreed upon between this company and such company or companies as shall be parties to the contract; that it shall be lawful for this company, or the company formed under section xiv, to subscribe to or purchase and to hold the stock or bonds, or both, of any other railroad or transportation company, chartered by this or any other State, or to guarantee the bonds or stock of any such company, or to purchase, lease or use or operate the road or line, property or franchises, or any such railroad or transportation company: Provided , the road or line of such company shall directly or by means of one or more intervening roads or lines be connected with the road of this company: Provided , that said company shall not purchase, use or lease the road, property and franchises of any competing line or any connecting road that is owned or operated by any competing line, except as hereinbefore provided for the construction of its own line and terminal facilities, or any interest in shape of stock, bonds or otherwise of any competing line or any connecting road that is owned or operated by any competing line. May hold stock, bonds, etc., of other companies. Proviso. Sec. XVI. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved December 7th, 1886.

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INCORPORATING THE ATLANTA, MISSISSIPPI AND ATLANTIC RAILWAY COMPANY. No. 10. An Act to incorporate the Atlanta, Mississippi and Atlantic Railway Company; to grant certain powers and privileges to the same; to authorize said company to build branch roads; to confer upon it the authority to consolidate its railroad with any other railroad in this State, or in either or all of the States of Alabama, Tennessee, Mississippi or South Carolina, and for other purposes. Section I. The General Assembly of Georgia do hereby enact , That Hugh T. Inman, Evan P. Howell, Samuel M. Inman, George Winship, William A. Moore, M. C. Kiser, J. W. Rankin, T. G. Healy, Jacob Elsas, Henry B. Tompkins, G. T. Dodd, W. P. Inman, L. J. Hill, J. H. Porter, H. E. W. Palmer, J. H. Mecaslin, Joel Hurt, Henry W Grady, C. E Currier, R. J. Lowry, R. D. Spalding, G. W. Adair, J. G. Oglesby, Charles A. Collier, C. W. Hunnicutt, W. T. Ashford, of the county of Fulton; W. A. Wilkins, of the county of Burke; James M. Harris, of the county of Hancock; R. B. Nisbet, of the county of Putnam, and George W. Scott, of the county of DeKalb, all of the State of Georgia, their associates, successors and assigns, are constituted and declared to be a body corporate, with perpetual succession, under the name of the Atlanta, Mississippi and Atlantic Railway Company, and by that name shall have the right to sue and be sued; to have a common seal; to be changed at the pleasure of the company; to contract and to be contracted with; to purchase or receive by donation, and to hold, use and enjoy all property, real or personal, that may be deemed useful or necessary for said company, and to sell and dispose of such property as may not be required in its business; to fix and receive reasonable rates of tolls or charges for the carriage of passengers and freights, and generally to do all acts for successfully carrying into effect the purposes of its organization. Corporators. Corporate name. General powers. Carriers. Sec. II. That the capital stock of said company shall be one million of dollars, with the right of the stockholders to increase the same to a sum not more than ten millions of dollars, the stock to be divided into shares of one hundred dollars each, but no increase of stock shall be sold for less than par, in money, labor or property. Capital stock. Sec. III. That said company shall have full power to locate, construct, equip and operate a railroad from some point on the line between this State and the State of Alabama, and extend

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the same into and through such counties as it may desire to, and into the city of Atlanta, in Fulton county, Georgia, and from such city into and through such other counties as it may desire to a point on the Savannah river where it divides this State from the State of South Carolina. The right-of-way of said road shall not exceed two hundred feet in width, except where it may be necessary for side-tracks and depots and other buildings; and this company shall have authority to cross the track or tracks of other railroads in this State, and to run parallel to any other railroad for such distance as may be deemed necessary: Provided , that the property of no citizen or corporation shall be taken or damaged without just and adequate compensation being first paid: Provided further , that outside of a radius of forty miles from the city of Atlanta, said railroad shall not run parallel to any other railroad for more than ten miles without such other railroad's consent: Provided further , that the general direction and location of such new railroad shall be at least ten miles from any railroad already constructed, but this proviso shall not be construed to refer to any point within ten miles of either terminus. Route. Width of right-of-way. May cross other roads Run parallel with them. Proviso. Proviso. Proviso. Sec. IV. That said incorporators, or a majority of them, shall have the right to open books of subscription for stock in said company, or donations thereto, and turn over said books, together with all papers pertaining to said company, to the directors thereof hereinafter mentioned so soon as such directors are chosen. Books of subscription. Sec. V. That so soon as two hundred and fifty thousand dollars of said capital stock have been subscribed, the incorporators named, or a majority of them, shall call a meeting of said subscribers, in such manner as shall be deemed best, to be held in the city of Atlanta, when a board of directors shall be elected from the stockholders, and which directors may in their discretion proceed with the construction of said railway. Said board shall consist of thirteen directors. At least ten of such thirteen directors shall always be citizens and residents of the States through which said railroad shall run, and at least seven of such thirteen directors shall always be citizens and residents of the county of Fulton in the State of Georgia. If at any time any one of the said Fulton county directors should cease to be such bona fide resident thereof, he shall thereupon cease to have any right as such director and a vacancy in said board shall thus arise. Said board of directors shall be elected for one year and until their successors are elected. They shall have the power to fill any vacancy that may occur in said board; to call in the subscription to the capital stock and enforce payment thereof by suit in the name of the company, or by a forfeiture of the stock, or by other appropriate means; to manage and control said railway; to elect a president (from their own number) and such other

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officers as they may deem necessary; to provide for the employment of any attorneys, agents or employees they may desire and fix the compensation of all such officers and persons; to adopt rules, regulations and by-laws and do all such other acts usual in such cases. First meeting of stockholders. Directors. Qualifications. Vacancies. Powers of directors. Sec. VI. There shall be an annual meeting of the stockholders of said company, to be held in the city of Atlanta, at such time as may be fixed by said company. Each stockholder, at all meetings of stockholders, shall be entitled to one vote for each share of stock held by him; he may be represented at all stockholders' meetings by written proxy: Provided , however, that authority is hereby expressly given so as to provide in the subscriptions of a part or all not less than one half of the stock of this company, now or hereafter to be subscribed for, taken or issued, that a perpetual power of attorney or proxy may be declared by such subscription lists to vest in the Fulton county stockholders of such stock to vote it at all meetings of the stockholders. Annual meetings. Votes of stockholders. Proviso. Sec. VII. That said company shall have power to locate, construct, equip and operate any branch road or roads from said main road in this State and to erect such buildings, depots and shops and operate such machinery as may be deemed best for said company. Branch roads. Sec. VIII. That said company shall have the right and power to consolidate with its railroad and franchises any other road or roads, and to lease, purchase and acquire other lines of railroad now or hereafter to be incorporated under the laws of Georgia, Alabama, Tennessee, Mississippi and South Carolina, or either of said States, and to make the whole line of railway a Georgia corporation if practicable: Provided , this shall be done in accordance with the constitution and laws of Georgia. May consolidate with, lease, purchase, etc. other roads Proviso. Sec. IX. That said company shall have the authority to borrow money at such rate of interest and for such time as may be agreed upon, and to secure the payment of said money, it may execute notes or other evidences of debt, and may make mortgages or deeds of trust upon all of its property rights, tolls and franchises, and issue bonds upon the same, and it may perform any and all acts deemed advantageous which are not inconsistent with the constitution and laws of this State or of the United States. May borrow money Make mortgages. Sec. X. That said company shall have authority to lease, purchase, build or contract for and to own, use, hold and enjoy any such steamships, steam vessels, sloops, schooners, sailing vessels or water craft of any and every kind, and barges, flats, towboats or vehicles for water transportation of any kind upon canals, rivers or the ocean it may deem necessary or beneficial for its business, and said company may lease, purchase, build, own, hold or contract for the use of any such wharves, docks, dockyards, elevators or compresses as it may deem necessary. May lease, purchase, etc.,steamboats, etc. Wharves, docks, etc.

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Sec. XI. That section 1689 (1) of the revised Code of this State (edition 1882) and all the powers, rights, privileges and provisions set forth in said section be, and the same are hereby made part of this charter: Provided , that nothing herein contained shall be so construed as to authorize the condemnation of the main track of any other railroad company, except for the purpose of crossing the same as elsewhere provided, nor to allow the condemnation of more than five miles of side track of any one company, the same to be condemned in a continuous line, when it may be necessary or proper to reach the freight or passenger depot of this corporation, or for the purpose of passing into, through or beyond any town or city. Rights granted in Sec. 1689 (1) of Code of 1882. Proviso. Sec. XII. That the business headquarters and principal office of said company and its main shops shall be and forever remain in the county of Fulton, said State of Georgia. Principal office to be in Fulton county. Sec. XIII. That only the property of said company shall be liable for the debts of said company, except that whenever any judgment shall be recovered against said corporation in any court of competent jurisdiction in this State, and there shall be an entry by any proper officer of nulla bona as to said corporation made on the execution issued to enforce the same, the execution may be levied upon the individual property of any stockholder who may be in arrears for unpaid stock to said corporation, and such amount collected out of said stockholders to be applied to said execution: Provided , that said amount does not exceed the amount due upon the execution. Liability for debts. Of stockholders. Proviso Sec. XIV. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved December 8th, 1886. INCORPORATING THE MACON, LaGRANGE AND BIRMINGHAM RAILROAD COMPANY. No. 19. An Act to incorporate the Macon, LaGrange and Birmingham Railroad Company of Georgia; to confer certain powers and privileges on said company, and for other purposes. Section I. The General Assembly of Georgia do enact , That Benjamin H. Bigham, Robert S. McFarlin, Elisha D. Pitman, William C. Yancy, and such other persons as may be associated with them, and who shall be stockholders, and their successors and assigns, are hereby created a body corporate under the name of the Macon, LaGrange and Birmingham Railroad Company of Georgia, with powers to sue and be sued; to plead and be impleaded;

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to have a common seal; to contract for, purchase and receive by gift, exchange, or otherwise hold and possess all such real and personal property as they may deem proper, and with all the rights and privileges common and necessary to such a corporation. Corporators. Corporate name. 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 with such gauge as they may elect between any point on the line of the State of Alabama, in the county of Troup, or of Heard in Georgia, and Macon, Georgia, on the general feasible line from Birmingham, Alabama, to Macon, Georgia, crossing the Atlanta and West Point Railroad at or near LaGrange on a route to be located by careful survey in Troup, Heard, Meriwether, Talbot, Upson, Pike, Monroe, Crawford, Houston and Bibb, or any or either of said counties, as may be best to make part of a direct railway line connecting the coal and iron fields of Alabama with the Atlantic on the coast of Georgia. Route. Sec. III. Be it further enacted , That said company shall have power and authority to consolidate its road and franchise with any other railroad company now or hereafter to be incorporated by competent authority, by purchase, or sale, or lease, or any lawful contract, and may contract loans, borrow money, mortgage its property, real and personal and the franchise, issue bonds and do any and every act necessary to its interest and advantage not contrary to the laws of Georgia: Provided , that nothing contained in this section shall be so construed as to allow said railroad company to make or become a party to any sale, purchase, lease, contract, agreement or consolidation which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly. Consolidation with other roads Borrowing money, etc. Proviso. Sec. IV. Be it further enacted , That each of the corporators herein named, who shall accept this charter and Act under it, shall be ex officio a director until a board of directors shall be elected under this charter, and such by-laws, rules and regulations as may be adopted by the company. Such corporators, so sitting as a board of directors, shall decide all matters by a majority, and may do any and all things needful to carry on the affairs of the company. They may elect a president and such officers and agents and make such by laws and regulations as may be best for conducting the business. Subsequent boards of directors shall be composed of not less than three nor more than nine directors. Provisional directors. Officers. Subsequent boards. Sec. V. Be it further enacted , That the capital stock of said company is hereby limited to 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 of dollars It shall be divided into shares of one hundred dollars each; said company shall be authorized to commence work whenever five per centum

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of the subscribed capital stock shall have been paid in. Subscriptions may be made in the form of contract, fixing time and place of payment, either in installments or all at once, and payable in money or in property or labor, the value of which is to be fixed by agreement, and if any stockholder shall neglect or refuse to pay any installment which may be called for, or property, or work which may become due 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, such stock, with all payments previously made thereon, may, by action of the board of directors, and at their option, be forfeited to the company and so declared by resolution, leaving to the company all rights of action to recover damages, or for non-compliance with contract of subscription. Capital stock. Beginning work. Subscriptions to stock. Default of payment. The stock shall only be transferred on the books of the company under regulations to be duly prescribed in the by-laws. In case of the failure of said company, each stockholder shall be bound in his private capacity to the creditors of the corporation only to the amount of his unpaid subscription, if any be unpaid, or if said stockholder has discharged or paid debts of the company to the amount of his subscription, otherwise unpaid, then he shall not be liable. Transfers of stock. Liability of stockholders. Sec. VI. Be it further enacted , That the principal office of said company shall be in the city of LaGrange, Troup county, Georgia, but the board of directors may cause the same to be changed to any other county in this State, where any portion of such rail road is located, by giving sixty days' notice of such change in a newspaper published in LaGrange after such change has been approved by a majority of the stockholders holding paid-in stock. Principal office. Sec. VII. Be it further enacted , That books of subscription to the capital stock of the company shall be opened by the incorporators hereinbefore named, or a majority of them, at such time and places in this State as may be agreed upon by a majority of said incorporators, or a majority of those accepting and acting under this charter. They shall also by a majority vote fix the time and place of holding the first meeting of the stockholders for the election of directors and the number to be elected, of which due notice shall be given to those holding paid-in stock Subsequent annual and special meetings shall be fixed as provided in the by-laws. At all such meetings each stockholder shall have one vote for each share owned by him or her on which certificate has previously been given as having been paid in, and the votes shall be cast by the stockholder in person or by some other paid-in stockholder holding proxy in writing thereon to him authorizing. Books of subscription. First meeting of stockholders. Other meetings. Votes of stockholders.

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Sec. VIII. And be it further enacted , That the right-of-way of said company shall not exceed fifty feet each way from the centre of the track. It shall have power to cross any highway or the right-of-way or track of any other railroad company which it may be necessary to cross to reach any of its own termini, and to cross, intersect, join or unite its railroad with any railroad heretofore or hereafter constructed at any point on its route, or to run its road upon the right-of-way of any other railroad company or corporation other than its main or sueh side tracks as are necessary for the exclusive use of said railroad company, for passenger or freight purposes, with necessary turnouts, sidings and switches and other conveniences necessary in construction of the railroad, and may run on the right-of-way of any other railroad company to its own freight or passenger depot in any city through or near which it shall run, making compensation therefor in the manner prescribed in this Act, and said company shall have authority to connect its tracks with the tracks of 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 the depots as aforesaid: Provided , that not more than three miles of the right-of-way of any other railroad shall be condemned at any one place; and provided further , that the main track of any other railroad shall not be subject to condemnation. Right of way. May cross other roads Or unite weth them. May connect with other roads, etc. Proviso. Sec. IX. Be it further enacted , That whenever said company and any person or corporation through or on whose lands or right-of way it is desired said railroad shall be located and constructed cannot agree on the amount to be paid by the company for the right-of way to the land denied, then the right-of-way to the land as aforesaid may be acquired for the purpose aforesaid as follows: The company shall choose one person, a citizen of this State, as an assessor; the person or corporation owning the land or right-of-way shall choose another citizen of Georgia 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, imbecile, or other person laboring under a disqualification in law, without a legal representative, it is hereby made the duty of the Ordinary of the county in which are located such lands or rights-of-way, to make selection of an assessor for the owner: Provided , 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, imbecile or other person laboring under a disqualification in law from making the 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 and enhanced valuations, as well as the damages that will result

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to the owner from the location of the railroad on such land or right-of-way, or on such tract, 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 property so condemned, as the case may be, 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 notice to the other party within ten days after the award has been filed, which notice shall be in writing, and entering an appeal in writing to the Superior Court. In case the owner is under a disability, as provided in this section, and without a legal representative, the Ordinary may give notice for such disabled person and in the same manner service in all similar cases may be given to the Ordinary, when 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 the case to the Supreme Court of Georgia. Should no appeal be entered in ten days and the company fails or refuses to pay the amount of the award, then the Clerk shall, on application of the owner, or Ordinary when 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 such proper legal representatives of such person to be made and the amount recovered shall be held and treated as a part of the estate of such disqualified person. It is hereby provided that no property shall be taken, used or damaged until just compensation has been first paid to the owner thereof: Provided , that no award shall be made for less than the real value of the property in dispute. Disputed rights-of-way. Assessors. Their award. Its effect. Appeal. Issue and trial. Failure to pay award. Persons under disability. Proviso. Sec. X. Be it further enacted , That said company shall have the exclusive right of transporting goods, persons, merchandise, produce and other articles and things over said road, and shall have power to fix and establish rates of charges for freight and passengers, and to make all such arrangements and agreements with other common carriers as may be deemed needful, not inconsistent with the constitution and laws of this State, and have power to make all by-laws, rules and regulations necessary to carry

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out the objects of this charter, subject to the laws of this State and of the United States. Exclusive right as carriers. Sec. XI. Be it further enacted , That the general direction and location of the 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 terminus. Distance from other railroads. Sec. XII. Be it further enacted , That if the incorporators or directors of said railroad, or their assigns or successors, should not in good faith begin work in conformity with this charter within a period of five years from the date of its passage, then, and in that case, the grants hereby given shall become null and void. Limitation as to beginning work. Sec. XIII. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved December 15, 1886. INCORPORATING THE ATLANTIC, BIRMINGHAM AND GREAT WESTERN RAILWAY COMPANY. No. 23. An Act to incorporate the Atlantic, Birmingham and Great Western Railway Company. Section I. The General Assembly of Georgia do enact , That Henry D. Capers, James H. Fannin, N. B. Cain, Elijah B. Lewis, S. W. Coney, R. W. Clements, Daniel Latt, Sr., T. I. Ray, I. G. Truitt, and such other persons as may be associated with them, or their assigns, shall, after the passage of this Act, be made a body corporate and politic by the name and style of the Atlantic, Birmingham and Great Western Railway Company, and by said corporate name shall be capable in law to buy and hold so much real and personal estate as may be necessary for the purposes of said corporation; to make contracts; to sue and be sued; to make by-laws and to do all lawful acts properly incident to a corporation, or as are necessary and proper for the transaction of the business for which said Atlantic, Birmingham and Great Western Railway is incorporated, and to have and to use a common seal and the same to alter or destroy at pleasure. Corporators. Corporate name. General powers. Sec. II. Be it further enacted , That the capital stock in said railway company shall not exceed the sum of ten million of dollars, to be divided into shares of one hundred dollars each, and the board of directors of said corporation, as hereinafter constituted, shall prescribe the mode and conditions of subscriptions for

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stock in the same and shall issue the proper certificates for said stock. Capital stock. Sec. III. Be it further enacted , That the line of said railway may be so located as to pass from the State line of Georgia at a point on the western boundary of the county of Troup, to be determined by the board of directors of said railway company or their agent, to the city of LaGrange, as is deemed advisable, and thence through the counties of Troup, Meriwether, Talbot, Taylor, Macon, Dooly, Wilcox, Irwin, Coffee, Pierce, Appling and Glynn to the city of Brunswick, in said county of Glynn, so as to pass as near as practicable, or as may be deemed advisable by said board of directors of said railway, to the towns of Talbotton, Montezuma, Vienna and Blackshear, but the said Atlantic, Birmingham and Great Western Railway Company shall have the right to locate the right-of-way and road-bed of said railway twenty miles on either side of a direct line drawn between the starting point on the western boundary of the county of Troup to the town of Vienna, in the county of Dooly, and twenty miles either side of a direct line drawn from the town of Montezuma, in Macon county, to the upper branch of Little Hurricane Creek, in Coffee county, and twenty miles either side of a direct line drawn from Dormmly's mill, in Irwin county, to the city of Brunswick, and as the general configuration of the country and the location of the ridges and water courses may enable the engineer of said railway company to determine. Route. Sec. IV. Be it further enacted , That for the purposes of organization of said railway company, the persons hereinbefore mentioned, or a majority of them, shall appoint the time and places at which subscriptions of stock in said company may be made, and shall give notice of the same by publication, and in a reasonable time thereafter shall appoint a time and place for the meeting of the subscribers of stock, of which they shall give fifteen days' notice in at least two public gazettes in this State, at which time and place they shall proceed to elect five directors, who shall form and constitute the board of directors, one of whom the said board of directors shall select by ballot as president of said board and of said Atlantic, Birmingham and Great Western Railway Company, and said president and said board of directors shall hold their offices for the term of one year or until their successors are duly elected and qualified and installed, and the said board of directors shall prescribe such by-laws for the regulation and management of said corporation as may be deemed proper by them, and shall fix the time and the manner of holding subsequent elections for directors: Provided , that said by-laws and such rules do not conflict with the laws now of force regulating

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railroads in Georgia; and provided , that in all cases the shareholders of stock in said railway company shall be allowed to vote in person or by proxy under powers of attorney duly executed. The number of votes which each shareholder shall be entitled to shall be according to the number of shares he, she or they may hold in his, her or their own right, or as trustees, or as attorneys in fact, for at least ten days prior to said election, one vote to each share. The said board of directors shall have power to fill all vacancies which may occur in their board or in other offices until the regular annual election by the stockholders, and shall have authority to fix the rate of compensation and salary of the president and other officers and employees of said railway company, and not less than three of said directors shall constitute a board for the transaction of business, of whom the president shall be one. In case of sickness or other disability of the president, the board of directors, or a majority of them, shall have power to appoint a president pro tem. Subscriptions for stock. First meeting of stockholders. Directors. President. Terms and powers. Proviso. Votes of stockholders. Vacancies. Salaries, etc. Quorum. Sec. V. Be it further enacted , That the said board of directors through their agents shall have power to select and take and to receive and hold as donations such strip or parcels of land as they or their agent may deem necessary for the construction, convenience and protection of said railway, which said strips or parcels of land should be in width not less than sixty feet from the centre of the main track on each side thereof of said railway, and when said strips or parcels of land shall have been received and located in accordance with the provisions of this charter, the same shall be considered and deemed the right-of-way of said Atlantic, Birmingham and Great Western Railway Company, and in case of the disagreement between the owners of said land and the said board of directors or their agent in regard to the value of said strips or parcels of land, or with respect to the amount of damage sustained by the location of the said right-of-way, it shall be lawful, and said board of directors is hereby authorized to appoint one disinterested freeholder as an appraiser, and the said owner or owners of said parcel or parcels of land, or of said damaged property, may select another freeholder, and the Ordinary of the county in which said land or damaged property may lie shall on application appoint a third disinterested freeholder as an appraiser, but if said owner or owners shall refuse or decline to appoint an appraiser on his or her or their part, then the Ordinary, on the application of said board of directors, or of their agent, shall appoint two disinterested freeholders, all of whom shall be sworn by the Ordinary, or a justice of the peace, to make and to return to said Ordinary a just, true and impartial valuation of the damages or of the value of said strip or parcel of land thus required

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for the uses of said railway company, taking into consideration as well the benefits as injuries arising to the owner or owners, and their award shall be in writing and signed by a majority of the appraisers and accompanied by a plot and full description of said land, and said award shall be taken and held as a judgment for the amount of damages against said company, and may be enforced by an execution from the said Court of Ordinary, and said plot and description of said land and said award of damages shall be recorded in the county where the land lies or the damage has been sustained, in the same manner as deeds, and shall vest said strips or parcels so condemned in said railroad company for railroad and telegraph purposes only in said company: Provided , that in no event shall any private property be taken or damaged until just and adequate compensation first has been paid, and it is furthermore enacted that said Atlantic, Birmingham and Great Western Railway Company shall have the right at the Atlantic or Brunswick terminus of their line to locate their right-of-way parallel with the right-of-way of the Brunswick and Albany or Brunswick and Western Railroad: Provided , there shall be no encroachment on the right-of-way or franchises of said Brunswick and Albany or Brunswick and Western Railroad without the assent of said company, and the said Atlantic, Birmingham and Great Western Railway Company shall have the right to cross the road-bed, track or side-tracks or right-of-way of any railroad now in operation or that has been built or may be projected or located between the objective points mentioned in this Act as the proposed route of the Atlantic, Birmingham and Great Western Railway: Provided , that in so doing bridges, trestles, tunnels or such other good, secure and sufficient crossings shall be so constructed as to avoid any damage, injury or damages to the free operation of said railroads. Rights-of-way. Disputed rights-of-way. Appraisers Returns by Effect of. Proviso. May run parallel with other roads. Proviso. May cross other roads. Proviso. Sec. VI. Be it further enacted , That said Atlantic, Birmingham and Great Western Railway Company shall have the right to build a branch road from Montezuma or such other point as may be deemed most advisable through the counties of Dooly, Wilcox, Irwin, Berrien and Lowndes to the Florida line, and the provisions of this charter shall be and the same shall apply to said branch road fully and completely, and each stockholder in said railway company shall be liable for all of the debts and the liabilities of said company to the extent of the capital stock held by him, by her or them. Branch roads. Liability of stockholders. Sec. VII. Be it further enacted , That said Atlantic, Birmingham and Great Western Railway Company shall have the right to connect its road with any other railroad or branch railroad upon such terms as may be agreed upon by the railway companies

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at interest, and the principal office of said Atlantic, Birmingham and Great Western Railway Company and place of business shall be located at LaGrange, in the county of Troup, with the right to locate such branch offices, depots and places of business at such other points as may be deemed advisable. May connect with other roads Principal office, etc. Sec. VIII. Be it enacted , That this charter shall be void unless twenty-five miles of said road shall be constructed and put in operation before the elapse of five years. Limitation of time. Sec. IX. And all laws and parts of laws in conflict with this Act be, and the same are hereby repealed, and the provisions of this shall be of force and remain of force for the period of fifty years from the date of its passage and approval. Term of charter. Approved December 20th, 1886. INCORPORATING THE ROME AND NORTHEAST RAILROAD COMPANY. No. 31. An Act to incorporate the Rome and Northeast Railroad Company, with power to build branch roads, and to establish plants for the manufacture of iron, and to establish iron furnaces, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That Geo. H. Pell, James T. Woodard, Daniel Callahan, W. P. Grovesteen and John C. Calhoun, of New York; Daniel S. Printup, C. D Forsyth, Samuel Morgan, John C. Printup and Jas. J. Printup, of the State of Georgia, and such other associates who may become stockholders in said company, be, and they are hereby created a body corporate under the name and style of the Rome and Northeast Railroad Company, and may have and use a common seal, which may be altered, and by said name may sue and be sued in any of the courts of this State. Corporators. Corporate name. General powers. Sec. II. Be it further enacted , That said company by its board of directors may make such rules and by-laws for the government of said company as are reasonable and just, and not inconsistent with the constitution of this State and United States. Rules and by-laws. Sec. III. Let it be further enacted , That said company shall have the power and authority to survey, lay out, construct and equip and use a railroad of such gauge as they may elect from the city of Rome in a northeast direction to a point near or at Gainesville, Georgia, on the Piedmont Air-Line Railroad: Provided , that the general direction and location of such new railroad shall be at least ten miles from any railroad already constructed,

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but this section shall not be construed to refer to any point within ten miles of either terminus, and to connect therewith, and by or upon such route as they may choose or adopt, through the counties of Floyd, Bartow, Cherokee, Forsyth, Dawson and Hall, and use and enjoy the same, and to charge for the transportation of passengers and freights such rates as may be just and legal. Route. Proviso. Rates of charges. Sec. IV. Be it further enacted , That the capital stock of said company shall be three millions dollars, to be divided into shares of one hundred dollars each, which said capital stock may be increased to a sum not exceeding five millions of dollars, and books for the subscription to said capital stock may be opened by any three of said incorporators at such time and places as may be agreed upon by them. Capital stock. Books of subscription. Sec. V. Be it further enacted , That when the sum of one hundred thousand dollars shall have been subscribed to the capital stock of said company, it shall be the duty of said corporators, or any three of them, to call a meeting of the stockholders at such place as may be agreed upon by them, of which meeting ten days' notice shall be given to said stockholders, at which meeting the stockholders may elect seven or eleven directors to manage the affairs of said company, and the directors so elected shall elect one of their number as president and one as vice president of said company. No person shall be elected a director who is not a stockholder, and at all elections the majority of the stock subscribed shall be represented in person or by written proxy. First meeting of stockholders. Directors. Officers. Qualifications. Sec. VI. Be it further enacted , That the president and directors shall hold their offices one year, or until their successors are elected, and shall in their by-laws fix the time and manner of holding meetings of the stockholders for the election of directors. Each stockholder, at such meetings, shall have one vote for each share of stock owned by him or her. Terms of office. Annual meetings. Sec. VII. Be it further enacted , That the board of directors, through their president, shall have the power to appoint the secretary and treasurer of said company and all such other officers, and fix their salarins, as they may deem necessary for the management of the affairs of said company. A majority of the board shall constitute a quorum for the transaction of all business that may come before said board. An executive committee of three of said directors may be appointed by said board of directors for the transaction of such business as may be prescribed by the by-laws of said company. Subordinate officers. Quorum of directors. Sec. VIII. Be it further enacted , That said company shall have the power, as soon as one hundred thousand dollars is subscribed, to call in the same in such installments as the board may direct, and to commence building said road as soon as said amount of said stock is subscribed. Commencement of building.

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Sec. IX. Be it further enacted , That as soon as any stockholder has paid up the amount of stock subscribed by him or her a certificate shall issue therefor, signed by the president, countersigned by the secretary, with the seal of the company attached, which may be transferred on the books of said company by the owner or by his or her attorney in fact. Certificates of stock. Transfers of. Sec. X. Be it further enacted , That said company shall have the power to mine and manufacture iron, establish furnaces, rolling mills and steel plants, and to receive as a gift or subscription and purchase all such real and personal property as may be necessary for the purposes aforesaid and for the use of said company for constructing their railroad and such depots, side-tracks and turnouts as may be necessary. Mining and manufacturing powers. Sec. XI. Be it further enacted , That in the event said company and the owner of any land necessary to said railroad, through which said company desires to build its road, whether said lands be in the hands of the owner or a trustee, executor, administrator or guardian or corporation, cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county in which the land lies to summon a jury of five disinterested freeholders, who shall go where the land required is situated and examine the land and such witnesses as the parties desire and assess the damages, and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the 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 fo enter an appeal to the next Superior Court of the county by complying with the law in relation to appeals to the Superior Court: Provided , that during the pendency of such appeal the company shall be estopped from taking or damaging the right-of-way condemned under these proceedings until just and adequate compensation is first ascertained and paid. The Sheriff shall have the sum of five dollars for summoning said jury and attending the trial, and the jurors shall have the sum of one dollar each for every day they serve, and the witnesses seventy-five cents per day each, to be paid by said railroad company, and the Sheriff or his deputy shall have power to swear the jury and witnesses in all such cases, and when the assessment so made shall be paid, then the land shall vest in said company for railroad, telephone or telegraph purposes only. Disputed rights-of-way. Assessors. Appeal. Proviso. Costs. Sec. XII. Be it further enacted , That said company shall have the right to take for its right-of-way a strip of land not exceeding

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one hundred feet wide, and shall have the right to buy and sell also such real estate as they may desire: Provided , the provisions of this section do not include the power to sell or convert real estate condemned for railroad, telegraph or telephone or to any other purpose. Width of way, etc. Proviso. Sec. XIII. Be it further enacted , That the said Rome and Northeast Railroad Company, acting by their board of directors, may borrow money by the issue of the bonds of said company of such amount or amounts and of such denomination as said board of directors may prescribe, with interest coupons annexed, payable semi-annually in the city of New York, the principal of which bonds shall become due at such times as said board of directors may prescribe, and for securing the payment of said bonds, the said railroad company, by the said board of directors, may make and execute a mortgage to trustees of the whole property of said railroad company, real, personal or mixed of every kind and description whatsoever, including the franchises thereof, the right-of-way, the road-bed, iron engines, cars, depots and rolling stock, rights and credits, which said mortgage and bonds and coupons shall be valid and binding when signed by the president of the board of directors and countersigned by the treasurer of said company. Power to issue bonds make mortgages, etc. Sec. XIV. Be it further enacted , That said railroad company shall have the right to purchase or unite with any other railroad in this State or other States and its property and franchise, or any part thereof, upon such terms and conditions as may be agreed on by the stockholders of all the contracting parties or companies: Provided , that no such contract shall have the effect to defeat or lessen competition or to encourage monopoly. May buy or unite with other roads Proviso. Sec. XV. 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. XVI. Be it further enacted , That the principal office and place of business of said company shall be at Rome, Floyd county, Georgia. Principal office. Sec. XVII. Be it further enacted , That the board of directors may at any time call special meetings of the stockholders at the principal place of doing business, and any business of the company may be transacted at such special meetings, provided a majority of the stock is represented at such meeting. Ten days' notice shall be given in a newspaper in Rome, Georgia, of any special meeting. Special meetings of stockholders. Sec. XVIII. Be it further enacted , That the granting of this charter shall not be construed to be a revocation of the chartered rights of any other railroad company already constructed; but

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should it be found that any other railroad company possesses any valid grant of exclusive privileges or franchises of any character which will be infringed by the building of the road hereby authorized upon the line or location which the said Rome and Northeast Railroad Company may select for its road, then the said Rome and Northeast Railroad Company is hereby authorized to condemn and take such part or so much of such exclusive or special privileges as may be required to enable said company to locate its road upon the most practicable and desirable route between the termini aforesaid; and if said railroad companies should not be able to agree upon the amount of compensation to be paid for such infringement of the said exclusive privileges, then the said Rome and Northeast Railroad Company shall select one arbitrator and the other railroad company shall select another, and the two thus selected, if they fail to agree, shall select a third, all of which arbitrators shall be railroad experts, who shall fix the amount of compensation to be paid for the infringement or condemnation aforesaid, and should either party be dissatisfied with the award of said arbitrators, then an appeal may be had to the Superior Court of the county in this State in which the principal office of said railroad company whose rights are sought to be condemned may be located, to be tried as the rights-of-way are to be tried when there is a disagreement between the parties, as provided in section 1689 (1) of the Code of Georgia of 1882. Rights of other roads not infringed. Condemnation as to other roads. Appeal. Sec. XIX. Be it further enacted , That should said Rome and Northeast Railroad Company and the Rome Railroad Company find it desirable to consolidate their several roads, so far as they may run in the same direction, or to enter into any arrangement for the joint use by both companies of the road of either for such distance, or for the lease of the road of one by the other company, or for the sale of the road, property and franchises of one of said companies to the other, either and both of said companies are hereby authorized and empowered to make and enter into any contract which may be proper to carry into effect any of the objects aforesaid, and the foregoing provisions of this section shall apply to and include any other railroad now or which may be hereafter incorporated whose line may coincide in whole or in part with that of said Rome and Northeast, or whose line said Rome and Northeast may find available for its own line in whole or in part. Consolidation with Rome R R. Sec. XX. Be it further enacted 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 20th, 1886.

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INCORPORATING THE AUGUSTA AND CHATTANOOGA RAILROAD AND BANKING COMPANY. No. 43. An Act to incorporate the Augusta and Chattanooga Railroad and Banking Company; to authorize it to do a banking business and to operate a line of steamboats on the Savannah river, and for other purposes. Section. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That Clemant A. Evans, Zachariah McCord, Alfred Baker, George T. Barnes, Patrick Walsh, Robert P. Sibley, Theodore D. Caswell, William B. Young, Paul R. Sledge, William M. Timberlake, William N. Mercier, of Richmond county, in said State, and John B. Peck and William A. Courtenay, of Charleston, State of South Carolina, 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 Augusta and Chattanooga Railroad and Banking Company with powers to sue and be sued, plead and be impleaded in the courts of equity in this State; to have and use a corporate seal, with right to break, alter and change the same at will; to purchase, hold and use all such seal and personal property of every kind and description as may be deemed desirable or necessary to and as will advance the interest or welfare of said company, together with all and such other powers hereinafter contained, as well as all those which are conferred generally on like corporations by the laws of this State, and the principal office of said company shall be in the city of Augusta in said State. Corporators. Corporate name. General powers. Sec. II. Be it further enacted by authority of the same , That said company be, and they are hereby authorized and empowered to survey, lay out, grade, construct and equip, as well as maintain, conduct and operate a railroad from the city of Augusta, in the county of Richmond, and State of Georgia, through the counties hereinafter named, to a point in the county of Catoosa or Whitfield, in said State, and to a point in Catoosa county on the line dividing the State of Tennessee from the State of Georgia, and at that point to be connected with any railroad now constructed, or that may hereafter be constructed, under the laws of Georgia or Tennessee, either connecting with some railroad in the State of Georgia, in Whitfield or Catoosa county,

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or in the State of Tennessee, now entering in city of Chattanooga, in said State of Tennessee, or to be constructed direct from said city of Chattanooga to the point aforesaid in the State of Georgia. The following are the counties in the State of Georgia through which or into which the proposed railroad is intended to be run or made, to-wit: Richmond, Columbia, Lincoln, Wilkes, Oglethorpe, Elbert, Madison, Jacksou, Clarke, Franklin, Banks, Hall, Lumpkin, Dawson, Gilmer, Fannin, Pickens, Murray, Whitfield, Catoosa, Walker, or any or all of said counties, or any adjoining counties, and with further power and authority also to survey, lay out, grade, construct, equip, maintain and operate, as a part of said line of railroad, branches from any points along the line of said road to any points in either or all of said counties, or other counties in this State, as will, in their judgment, best subserve their purpose for carrying freight and passengers, with power in said company to maintain and operate the line to said city of Chattanooga or to any of the points along the line, either one or both, as the company may determine. Route. Branches. 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 branches between the city of Augusta and the said point in Whitfield county and Catoosa county, on the boundary line of the State of Tennessee and said State of Georgia, and to the terminal point of any of said branches, as shall be necessary to the selection of the most advantageous routes, 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 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, and for obtaining gravel and material, to take such land as may be necessary for the 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 at, grade, intersect, join or unite

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its railroad with any railroad heretofore or hereafter constructed, at any point in its route, upon the ground of any other railroad company, 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 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 freight and passenger 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 and mortgages, one or both, if occasion may require, on its railroad or other property to secure the same. Surveys, etc. Rights-of-way, etc. May run along or across other railroads, canals, etc. Erect wharves, etc. Borrow money, make mortgages, etc. Sec. IV. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be five hundred thousand dollars, with power, by a majority vote of the stockholders, to increase the same to an amount not exceeding ten millions, and which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence work whenever, in the judgment of the board of directors, there has been a bona fide subscription of two hundred thousand dollars to the capital stock of said company. Capital stock. Begin work. Sec. V. Be it further enacted by the authority aforesaid , That the books of subscription may be opened by the board of directors at either terminus or in any county in which it is proposed said railroad may be located and constructed, and subscriptions to the capital stock of said company be made in the form of a general contract or promissory notes or other form which may be selected or paid in cash under the direction of the board of directors, and certificates of stock shall be issued on the basis of one share for every hundred dollars paid, but no certificates 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 to or contract made with said Augusta and Chattanooga 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 Augusta and Chattanooga Railroad Company as incorporated and by virtue of its previous incorporation under the general laws of this State

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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 the same. Books of subscription. How subscriptions to be made and paid. Ancillary to rights under general railroad law. 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 shall 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, or they may have a right of action to recover all such installments as may be called in said subscription of stock. Installments of stock. Default in payment for. 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 constructed and located, 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 other authorized representative, just and reasonable compensation for the right-of-way or needful land, which compensation, when not agreed on, shall be fixed and determined in the following manner: That said company shall choose one citizen as assessor and the owner of the land shall choose another citizen as an assessor. If the person or persons owning the right-of-way shall fail or refuse to choose an assessor, or shall be a minor, lunatic or idiot, or other person laboring under a disqualification in law, without a legal representative, it shall be, and it is hereby made the duty of the Ordinary of the county where such land or right-of-way is located 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

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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 testimony 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 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 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 to Supreme Court. If the appeal is entered by the railroad company, they shall give bond with security for the amount adjudged on the final hearing. Should no appeal be entered within ten days, and the said 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 the proceedings shall be had thereon as in cases of executions and judgments 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 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 vest and remain in the said company according to the terms of the award. Disputed rights-of-way. Assessors. Proviso. Award of assessors. Its effect. Appeal. Failure by company to pay. Payments for persons under disability.

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Sec. VIII. 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 preference in the payment of dividends as may best subserve the purposes and interest of said company. Bonds. Mortgages, etc. Sec. IX. Be it further enacted by the authority aforesaid , That the business and affairs of said railroad company shall be managed by a board of not exceeding thirteen directors, who shall be elected annually by the stokhdlders, a majority of which board shall be residents of Richmond county, this State; the principal office and works, car shops and repair shops, shall be located in said county of Richmond, State of Georgia. The first election shall be held by the stockholders at their regular meeting, in the year 1887, 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 number of 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 the existing laws, the following persons were chosen as directors to serve until the annual meeting of the stockholders in 1887, and they are hereby authorized and appointed to act as directors of said company until the annual meeting of the stockholders in 1887, and until their successors are elected, to-wit: Clement A. Evans, Zachariah McCord, Alfred Baker, George T. Barnes, Patrick Walsh, Robert P. Sibley, Theodore D. Caswell, William B. Young, Paul R. Sledge, William M. Timberlake, William N. Mercier, of Richmond county, Georgia, and John B. Peck and William A. Courtenay, of Charleston, South Carolina, with all the powers conferred by this Act and by the by-laws of this company. The board of directors of said company shall have power to fill all vacancies which may occur between the annual election 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 the stockholders at any time before the annual meeting in 1887 for the election of a new board of directors to serve until such annual meeting. Directors. Qualifications. First election. Votes of stockholders. Vacancies. Called meeting of stockholders. Sec. X. Be it further enacted by the authority aforesaid , That the present and all future boards of directors shall elect from their

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number a president of said railroad company, and to elect or cause to be appointed 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 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 subscriptions 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. President. Powers of board. Forfeiture of stock. Sec. XI. 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 bylaws, 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. XII. 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 the 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. XIII. Be it further enacted by the authority aforesaid , That the incorporation of the Augusta and Chattanooga Railroad Company under the general law for the incorporation of railroads is hereby ratified, confirmed and approved, especially section 1689 (1) of Code of 1882, with the actings and doings of said company thereunder, and they are hereby declared to be valid and binding in every particular, except so far as section four may alter, change or amend the capital stock of said company and the amount to be paid in and the condition of commencing work, which aforesaid section shall be taken as the law of the company. Previous incorporation confirmed. 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.

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Sec. XV. Be it further enacted by the authority aforesaid , That said company shall have power and authority to establish, maintain and operate a line of steamboats to navigate the Savannah river 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. Steamboats. Sec. XVI. Be it further enacted by the authority aforesaid , That the 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; to exchange the bonds of the company and to sell the balance of the bonds; to issue bank bills according to the laws of this State, and to do such acts as they may deem best and advisable as a profitable investment of the funds of the banking department of said company: Provided , that if said company shall exercise any of the privileges of a bank as herein provided, then each stockholder, in addition to his liability for his unpaid subscription, shall likewise be liable to the creditors of said company to an amount equal to the par value of the stock held and owned by him. Banking powers. Proviso. Sec. XVII. Be it further enacted by the authority aforesaid , That neither said company nor any company or person owning or controlling or operating the same shall have any power or authority to make with any person or corporation, in or out of this State, any contract, arrangement, agreement, rate or tariff, or do any act which has or may have, or is intended to have the effect to defeat or lessen competition, or to encourage monopoly, or to give persons or places out of this State advantage over persons or places in this State, or to discriminate against persons or places in this State, and for any violation of this provision, in addition to right to proceed for general and special damages, any shipper over said road, or any merchant living and doing business in this State on or near said railroad, whether shipper or not, is hereby authorized to proceed by bill in equity, or other legal proceeding, to have said rate, tariff, contract, agreement or arrangement set aside and injunction against similar acts and arrangements in the future for benefit of himself and the general public. May not affect competition, etc. Penalty. Sec. XVIII. Be it further enacted by the authority aforesaid , That the corporators shall have no power to transfer their charter before at least ten miles of said road is graded and ironed ready for the rolling stock, and in the event of such transfer, the charter is forfeited. Limitations as to transfer of charter.

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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 December 22d, 1886. AMENDING CHARTER OF THE ROME AND CARROLLTON RAILROAD COMPANY. No. 47. An Act to amend an Act to incorporate the Rome and Carrollton Railroad Company, approved August 30th, 1881, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the capital stock of the Rome and Carrollton Railroad Company may be increased from time to time to a sum not exceeding ten millions of dollars. Increase of capital stock. Sec. II. Be it further enacted , That said company shall have power and authority to issue income bonds and to secure the same by mortgage of its property and franchise, or by pledging the income of its railroad, either or both, as the said company may deem proper. Income bonds and mortgages. Sec. III. Be it further enacted , That said railroad company shall be, and it is hereby empowered to extend its railroad from any point in or near the vicinity of the city of Rome, in this State, in a northerly direction through the counties of Floyd, Chattooga and Walker, and may build their said railroad to any point on the line dividing the States of Georgia and Tennessee, either in Walker or Catoosa county, and at said dividing line may connect with or consolidate with any railroad authorized to be built by the laws of any other State in the United States. Extension of road northerly. Sec. IV. Be it further enacted , That said company may build its railroad from any point at or near Cedartown, in Polk county, to Columbus, in this State, on such route or line as may be adopted by the company, and shall have authority to build, from such point on its main line as it may select, a branch road to the Alabama line in the direction of the city of Montgomery, Alabama, with the privilege of connecting with any other railroad in the State of Alabama to complete its connection with said city of Montgomery, and shall also have the privilege of building such other branch roads as it may see fit from its main line to any places or points not exceeding twenty miles distant therefrom. Southerly. Branch roads.

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Sec. V. Be it further enacted , That said company shall be, and it is hereby authorized by and through its board of directors to purchase or lease the railroad franchise and property of any other railroad or transportation company, chartered or organized under and by virtue of the laws of any other State in the United States; and the said company may, by and through its board of directors, sell or lease its railroad, franchise and property to any other railroad company chartered and organized under and by virtue of the laws of any of the States aforesaid, and may in like manner consolidate its railroad, franchise and property with the railroad, franchise and property of any other railroad company chartered and organized under the laws of any other State as aforesaid. Purchase or lease of other roads Sale or lease to others. Sec. VI. Be it further enacted , That said railroad company, in the building of its extensions and branches and in the completion of its main line, shall have the power and authority to cross any other railroad in this State, and may also run over, use and occupy any part of any other railroad or railroads, or its or their tracks, right-of-way and grounds that may be deemed necessary or proper to enable said Rome and Carrollton Railroad Company to reach its freight or passenger depot, or the general or union or common passenger depot in any city, town or village, to, through or near which said railroad or any of its extensions or branches may run. The right to run over, use and occupy the tracks, railroad, right-of-way and grounds of any other corporation as aforesaid may be acquired by contract of purchase or lease or by condemnation as provided in the Act of which this Act is amendatory, but said right of condemnation shall not extend to a greater amount or distance than three miles of any other railroad, its tracks or right-of-way at any one place, and shall be exercised only for the purpose of reaching a proper depot in or near a city, town or village where proper facilities may be afforded to the public; and said company shall have the right to connect its tracks with the tracks of any other railroads in or near any city, town or village in this State: Provided , said right of condemnation, in so far as the property of the Rome Railroad Company in the city of Rome is concerned, shall belimited to the condemnation of a right-of-way or easement through its property in said city, said right-of-way not to exceed eleven feet in width, and said right-of-way shall be laid out or condemned so that it will not include any part of the main track of the Rome Railroad anywhere, or either one of the adjacent side-tracks lying east of Broad street: Provided , that said Rome and Carrollton Railroad shall not cross the said Rome Railroad yard anywhere between Alpine and Broad streets in the city of Rome; and provided further ,

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said right of condemnation, in so far as the property of the East Tennessee, Virginia and Georgia Railway Company is concerned, shall be limited to the condemnation of a right-of-way or easement through its property not to exceed twenty feet in width, and said right-of-way shall be laid out or condemned so that it will not include the main track of the East Tennessee, Virginia and Georgia Railway. May cross other roads, etc. How acquired. Limitation Proviso. Sec. VII. Be it further enacted , That said railroad company shall have power to receive, in payment of subscriptions to its capital stock or as donations, real estate and personal property, and may sell, and by its deeds and bills of sale convey, the same in as full and ample manner as private individuals are by law authorized to do. Payment of subscriptions to stock. Sec. VIII. Be it further enacted , That whenever any railroad property is sought to be condemned for the purposes herein allowed, then, in that event, the authorities of the Rome and Carrollton Railroad Company shall notify in writing the president or agent of the company whose property is sought to be condemned of such intention, specifying in said notice the property to be condemned and the time and place of meeting for such purpose, whereupon the owners of the property shall select two disinterested persons and the Rome and Carrollton Company shall also select two disinterested persons, and the four thus selected shall select a fifth disinterested person, and the five so chosen shall form a board of assessors to estimate and award the damages to be paid for the property condemned; said board shall have the right by any one of its members to swear witnesses to speak the truth touching the value of said property; they shall carefully estimate the value of the property and make their award in writing within five days from the time of their appointment and furnish a copy to each of the parties at interest. Upon payment of the amount so awarded, the said Rome and Carrollton Railroad Company shall have the right to proceed with the work of constructing its road over the property so condemned. The right of appeal to the Superior Court under the general law of appeals is herein preserved to either party. Notices to condemnation of other R. R. property. Assessors. Award. Its effect. Sec. IX. Be it further enacted , That nothing contained in this Act shall be so construed as to permit said railroad company to make, or be a party to, any sale, purchase, lease, contract, agreement or consolidation which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly. May not defeat or lessen competition. 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 22nd, 1886.

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CONFIRMING RIGHTS GRANTED TO E. W. MILLER AND OTHERS UNDER GENERAL RAILROAD LAWS. No. 48. An Act to ratify and confirm the charter and amendments there-of obtained by E. W. Miller, J. M. Lowe, T. W. Harvey, M. Hair, J. S. Rogers, of the county of Marion, State of Georgia, on the 21st day of December, 1883, under the general railroad law of this State, approved September the 27th, 1881, and the Act amendatory thereof, approved September 28th, 1883, to grant to the (original) Buena Vista, now the Buena Vista and Ellaville Railroad Company, all rights, privileges and franchises named in the said charter and amended charter granted to said Miller, Lowe, Harvey, Hair and Rogers authorizing the construction of said railroad, and for other purposes. Whereas, E. W. Miller, J. M. Lowe, T. W. Harvey, M. Hair and J. S. Rogers, all of the county of Marion, State of Georgia, did, on the 21st day of December, 1883, obtain a charter for the construction, equiping and operating a railroad from Buena Vista, in said county of Marion, through the county of Schley, by way of Ellaville, into the county of Macon, to intersect with the S. W. Railroad at or near Oglethorpe, and did organize said company according to the provisions of said general law; and whereas, on the 6th day of February, 1884, the said Miller, Lowe, Harvey, Hair and Rogers, the incorporators and directors of said railroad, did change the route of said railroad so as to run from Buena Vista through the county of Schley, by way of Ellaville, into the county of Sumter and intersect the S. W. Railroad at or near Anderson, a station on said S. W. R. R; and whereas, said directors did, on the 2d day of September, 1885, change the name of said railroad company from the Buena Vista to the Buena Vista and Ellaville Railroad Company; and whereas, the said Miller, Lowe, Harvey, Hair and Rogers, the incorporators under said charter and amendments thereof, have caused the survey of the route of said railroad, taken subscription of stock of said company, acquired the right-of-way, and have constructed and built said railroad and now have the same in operation under the terms of said general law: now therefore Preamble. Section I. Be it enacted by the General Assembly of Georgia , That the said charter and all the amendments thereof granted to the said E. W. Miller, J. M. Lowe, T. W. Harvey, M. Hair

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and J. S. Rogers, as incorporators and directors of originally the Buena Vista, now the Buena Vista and Ellaville Railroad Company, under the terms of the Act establishing a general railroad law for the State of Georgia, approved September 27th, 1881, and the Act amendatory thereof, approved September the 28th, 1883, be, and the same is hereby ratified and confirmed as if orignially granted by the General Assembly, granting and confirming unto the said Buena Vista and Ellaville Railroad Company all the rights, privileges and franchises set forth and specified in said charter and amended charter: Provided , that nothing contained in this Act, or in said general railroad law under which said company was incorporated, shall be so construed as to allow the condemnation of the main track of any other railroad company, nor of more than five miles of the side-tracks of any other company, same to be condemned only in a continuous line, when necessary or proper for said corporation to reach with its railroad its freight or passenger depot in any city, town or village, or to pass into, through or beyond any such city, town or village, nor to permit said railroad company to make or become a party to any sale, lease, contract, agreement or consolidation which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly. Rights granted E. W. Miller and others under general R. R. law ratified and confirmed. Unto the Buena Vista and Ellaville R. R. Co. Proviso Condemnation of other roads etc. Sec. II. Be it further enacted by the authority aforesaid , That the acts and doings of the said directors in changing the route and the name of said railroad company, and all and singular the acts and doings lawfully done under said charter and amended charter by the said directors and their successors, be, and they are fully confirmed and ratified as if the authority had been originally granted and authorized by the General Assembly. Past acts of directors confirmed. Sec. III. 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 December 22d, 1886.

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AMENDING CHARTER OF MARIETTA AND NORTH GEORGIA RAILROAD. No 52. An Act to amend an Act entitled An Act to open and construct a railroad, commencing at some point between Marietta and Calhoun, to be determined by a majority of the stockholders herein incorporated, and thence the most practicable route by Ellijay, in Gilmer county, to the or near the mouth of Fighting creek, at the copper mines in the county of Gilmer, so as to grant to said railroad the right to condemn the rights-of-way; to prescribe the mode of condemning rights-of-way; to allow said railroad to consolidate with the Georgia and North Carolina Railroad, 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 section seven of an Act entitled an Act to open and construct a railroad, commencing at some point between Marietta and Calhoun, to be determined by a majority of the stockholders herein incorporated, and thence the most practicable route by Ellijay, in Gilmer county, to the or near the mouth of Fighting creek, at the copper mines in the county of Gilmersaid Act approved February 9th, 1854, said Act amended October 24th, 1870so as to change the name of said corporation, substituting therefor the name Marietta and North Georgia Railroad, which said seventh section of said Act reads as follows: and, Be it further enacted, that in all cases where lands and rights-of-way cannot be had for want of agreement between the parties as to price or for some other cause, the same may be taken at a valuation to be made by three commissioners, or a majority of them, to be appointed by the Inferior Court of Gilmer county: Provided , that if a justice of said Inferior Court should be a stockholder, then the arbitrators shall be, one selected by the corporation, one by the party at issue and the third by the Inferior Court, acting without the said interested justice, and said commissioners, before they act, shall severally take an oath before some magistrate of the county faithfully and impartially to discharge the duties assigned to them, and shall return the proceedings thereon under their hands and seals to the court from whence the commission issued, there to remain of record, and the lands or right-of-way shall vest in said company only for railroad and telegraph purposes, and on payment or

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tender of the amount of the valuation, and in case the said company or the owners of the soil or right-of-way are dissatisfied, an appeal may be taken to the Superior Court of Gilmer county, or in any other county in which the land may lie, and the award of damages traversed by a special jury, and this finding shall be final and conclusive between the parties, be, and the same is hereby stricken from the said Act, and the following section, which shall be section two , is hereby substituted in lieu of said stricken section, to-wit: Section 7 of Act of Feb. 9th, 1854, stricken. Sec. II. And be it further enacted , That in all cases where lands for terminal facilities and rights-of-way are necessary and cannot be had by agreement between the parties as to price or other cause, the same may be condemned at a valuation to be made by three commissioners, or a majority of them, to be obtained as follows: One commissioner shall be appointed by the Judge of the Superior Court of the Blue Ridge Circuit, or his successors in office, one by said railroad and one by the landowner. Said commissioners shall be residents of the county where the land sought to be condemned is located and shall be freeholders. The application to condemn right-of-way shall be made by either the railroad or the land-owner, when either party shall appoint one commissioner, as provided for in this Act, and make application to the Judge of the Blue Ridge Circuit, or his successors in office, for the appointment of another commissioner, and shall notify the opposite party of such appointment. It shall be the duty of the opposite party within ten days after such notice to appoint a third commissioner to act in the premises; such commissioners shall severally take an oath before an officer qualified to administer an oath to faithfully and impartially discharge the duties assigned to them, and after giving ten days' notice of the time and place fixed to condemn said right-of-way shall proceed to examine the right-of-way or land in dispute; to swear witnesses and hear evidences as to the value of the right-of-way, or the enhanced value of the land by reason of the building of said railroad or other evidences relative to the matter in dispute, and shall fix and award such damages to the land-owner as will be just and equitable in each case. Said commissioners shall return their proceedings under their hands and seal to the Clerk of the Superior Court of the county where the land sought to be condemned is located, and such proceedings shall be recorded in his office in book of deeds, and on payments of the amount fixed and awarded by such commissioners, title to such rights-of-way shall vest in said railroad company in feesimple. In case either party is dissatisfied with the award made by said commissioners, an appeal may be entered to the Superior

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Court of the county where the land sought to be condemned is located under the same laws and regulations now governing appeals: Provided , in case of appeal the railroad company shall be estopped from the use of the right-of-way sought to be condemned and not already equipped and now operated as right-of-way by said company until just and adequate compensation is first paid. The commissioners appointed shall not be related to either the authorities of the railroad or the land-owner, or interested as stockholders or otherwise in said railroad. When either party shall make application, as provided for in this section, to condemn right-of-way, and the opposite party shall refuse to appoint a commissioner, then the commissioner appointed by the applicant and the commissioner appointed by the circuit judge shall proceed and carry out the provisions of this section. In case said circuit judge, or his successors in office, shall be disqualified by reason of relationship or otherwise from appointing said commissioner, the said commissioner shall be appointed by the Ordinary of the county where the land sought to be condemned is located. The provision of this section shall apply to lands and rights-of-way where the Marietta and North Georgia Railroad has already located its track as well as to future locations or branch roads of said corporation or extension of lines of said railroad. The cost of said proceedings shall be paid by said railroad, and each commissioner shall be paid two dollars per day for his services while engaged in carrying out the provisions of this section. New section. Disputed rights-of-way. Commissioners. Their award. Its effect. Appeals. Qualifications of commissioners. Refusal to appoint commissioner, etc. Costs. Sec. III. And be it further enacted by the authority aforesaid , That said Marietta and North Georgia Railroad shall be, and the same is hereby authorized, when, in the judgment of the directors, it becomes desirable so to do, to consolidate with the Georgia and North Carolina Railroad Company under the name and style of the Marietta and North Georgia Railway Company: Provided , however, that said corporation is subject to and ever remains subject to the constitution and laws of Georgia governing domestic railroad corporations. May consolidate with Ga. North Carolina R. R. Co. 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. Proviso. Approved December 22, 1886.

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AMENDING CHARTER OF MACON CITY AND SUBURBAN STREET RAILROAD COMPANY. No. 56. Act to amend an Act entitled an Act to incorporate the Macon City and Suburban Street Railroad Company, approved December the 24th, 1884, so as to authorize the increase of the capital stock of said company, and to provide for the issue of bonds, 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 3d section of the above-recited Act, which reads as follows: 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 the majority of the stockholders, to a sum not exceeding fifty thousand dollars ($50,000), be, and the same is hereby amended so as to read as follows: Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars ($25,000), divided into shares of twenty-five dollars each, but the same may be increased from time to time by a vote of a majority of the stock in a sum not exceeding three hundred thousand dollars ($300,000). The said corporation shall also have authority, by a vote of a majority of the stock held by the stockholders, to issue bonds and to mortgage or pledge the property of the company to secure the payment of the principal and interest thereof. Third section amended. Increase of capital stock. Sec. II. Be it further enacted , That the seventh section of said Act, which is as follows, 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, be, and the same is hereby so amended as to read as follows: Be it further enacted, That the said Macon City and Suburban Street Railroad Company may use horse-power, electricity or any other motivepower desired for drawing the cars, but shall not employ any locomotive engine run by steam upon their road for this purpose without the consent of the mayor and council of the city of Macon. Seventh section amended. Use of motive powers. Sec. III. Be it further enacted , That all the provisions of the above-recited Act, authorizing the construction and operation of a street railroad within the city of Macon, passed previous to the action of the authorities of said city consenting to the same, be, and they are hereby ratified and confirmed, and all acts done

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thereunder and all contracts executed on the faith thereof are hereby declared to be valid and binding, the said city authorities having since the passage of said Act fully approved, ratified and consented to the same. Certain post Acts confirmed. 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 23d, 1886. INCORPORATING TALLAHASSEE, BAINBRIDGE AND WESTERN RAILWAY COMPANY. No. 62. An Act to incorporate the Tallahassee, Bainbridge and Western Railway Company; to define its 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 A. J. Moye, M. I. Atkins, Byron B. Bower, L. O. Jackson, Arthur Hood, Richard Hobbs and S. G. McLendon, or a majority of them, and such others as they may associate with them, shall be, and are hereby, under the name and style of the Tallahassee, Bainbridge and Western Railway Company, incorporated and made a body politic with all the rights and privileges common and necessary to such a corporation. Corporators. Corporate name and powers. Sec. II. Be it further enacted by the authority aforesaid , That said Tallahassee, Bainbridge and Western Railway Company is authorized to build, equip and operate a railroad, a telegraph or telephone line, or both, from any point on the line of Florida, in Decatur county, to Bainbridge, and from Bainbridge to Cuthbert, and from Cuthbert, in Randolph county, to any point on the Chattahoochee river: Provided , that the general direction and location of such new 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 terminus, and also such branch line or lines as said company may desire to build. Said company shall have the right to take, hold and use for the purpose of building said road, or branch roads, land not exceeding one hundred feet in width for its right-of-way, sidings, depots, etc., and it is authorized to open books of subscription and to allow and procure subscriptions of stock at the rate of one hundred dollars per share, at such time

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and place as said corporators may deem 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 common seal. Route. Proviso. Branch line. Rights-of-way. Subscripions to tock. Officers, agents, 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 in the manner prescribed in the Code, but if either party shall fail or refuse to choose an arbitrator, the Ordinary of the county where the right-of-way in question may be located shall, upon application of the other party, choose an arbitrator for the person or persons so failing or refusing to select an arbitrator. Such arbitrators so chosen, after selecting a third, shall proceed to condemn the land in question, fix the value of the same and file their award as provided by law: Provided , that in the event of litigation over the right-of-way, it shall not be taken or damaged until just and adequate compensation has been paid. Disputed rights-of-way. Arbitration. Award. Sec. IV. Be it further enacted , That the corporators herein named shall be ex-officio directors until their successors are elected under the by laws of such company. Provisional directors. Sec. V. Be it further enacted , That said company shall have full power to pass all by-laws necessary to carry out the objects of said company, not inconsistent with the laws of the State or the United States. By-laws. Sec. VI. Be it further enacted , That the capital stock of said company shall not exceed one million dollars, divided into shares of one hundred dollars each. Capital stock. Sec. VII. Be it further enacted by the authority aforesaid , That said Tallahassee, Bainbridge and Western Railway Company is hereby incorporated for the 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 December 23d, 1886.

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INCORPORATING THE SALT SPRINGS, NORTH AND SOUTH RAILROAD COMPANY. No. 68. An Act to incorporate the Salt Springs, North and South Railroad Company, and to grant certain powers and privileges to the same, and to provide for the building of its branches, and to authorize said company to consolidate its road with any other road in this or other States, 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 E. W. Marsh, Sr., S. M. Inman, James A. Watson, J. S. James, E. W. Marsh, Jr., Spencer Marsh, E. C. Gordon and W. Y. Atkinson, or a majority of them, are hereby constituted a body corporate and politic to be known by the name and style of the Salt Springs and North and South Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, acquire, receive, have, hold, use, possess and enjoy real and personal property, which they may deem necessary or proper for the use of said railroad company. Corporators. Corporate name. General powers. Sec. II. Be it further enacted , That the capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of five million dollars, but as much less than this amount as may be deemed best. Capital stock. Sec. III. Be it further enacted , That when the sum of forty thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by publication in some public newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place and time as may be designated in said notice, for the purpose of electing from their own number a board of not less than five directors to manage and control the business of said company for the term of one year and until their successors are elected and qualified, and such board of directors, as well as those boards of directors that may be hereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the government and control of the board of directors and of said company, and to appoint and employ such officers, agents and servants as may be deemed proper by said board of directors. First meeting of stockholders. Directors. Their powers.

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Sec. IV. Be it further enacted , That in the elections herein provided for each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed or owned by him or her, or which he or she may be represented by proxy, upon which ten per cent. has been paid. Vote of stockholders. Sec. V. Be it further enacted , That the said company shall have power to construct, maintain, equip, build, establish and operate and use a railroad from either Cartersville, in the county of Bartow, in said State, or from Marietta, Cobb county, Georgia, by way of Salt Springs, Douglas county, Georgia, on the Georgia Pacific Railroad, and through the following counties, to-wit, Bartow, Paulding, Cobb, Douglas, Campbell, Coweta and Meriwether, and to connect at some point in said last-mentioned county with either the Georgia Midland Railroad or the North and South Railroad at such point as may seem best by the said Salt Springs and North and South Railroad Company; that said railroad company shall have the privilege to extend its railroad in a southerly direction through any portion of the following named counties: Talbot, Harris, Taylor, Muscogee, Macon, Chattahoochee, Marion, Schley, Webster, Stewart, Sumter, Terrell, Lee, Randolph, Calhoun, Dougherty, Worth, Baker, Mitchell, Colquitt, Thomas or Brooks, and said company may also extend its railroad in a northerly direction through any portion of the following counties: Milton, Cherokee, Bartow, Forsyth, Dawson, Pickens, Gordon, Gilmer, Lumpkin, Union, Fannin or Towns, and the right-of-way of said company shall not exceed one hundred feet in width. Route Sec. VI. Be it further enacted , That when said corporators have complied with the requirements set forth, and an election for a board of directors shall have been held as is provided for in this Act, the books of subscription to the capital of said company, together with all other books and papers appertaining to the business of said company, shall be turned over to them, the said board of directors. Subscriptions, etc., to be turned over to directors. Sec. VII. Be it further enacted , That when the subscribers to the capital stock of said company shall have conveyed and elected a board of directors under the provisions of this Act, the said company and its successors and assigns shall be deemed, held and considered a body corporate and politic under the name and style of the Salt Springs and North and South Railroad Company. A corporate body, when. Sec. VIII. Be it further enacted , That said railroad company shall have power to survey, locate, construct, build, maintain, equip, use and operate its railroad from and to the points mentioned in the sixth section of this Act, and through any portion

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of any of the counties mentioned in said section, but the main line of said company's track shall run in one-half mile of the depot in the town of Salt Springs, on the Georgia Pacific Railway, and said Salt Springs, North and South Railroad Company may acquire the right to run its tracks on the present right-of-way of the Georgia Pacific Railway Company, through the town of Salt Springs, either by purchase, lease or condemnation, under the laws of this State: Provided , it shall not interfere with the tracks of the said Georgia Pacific Railway Company as they now run; and provided further , that if said Salt Springs, North and South Railroad Company use the right-of-way of the Georgia Pacific Railroad, as provided for above, it shall compensate the latter road therefor, said compensation to be fixed as provided in section nine of this Act, and said Salt Springs, North and South Railroad Company shall have power to accept, purchase, lease, have, hold and convey any property, real or personal, or mixed, and to erect such buildings, depots, shops, operate such machinery and do such other things as it may deem proper for its advantage and benefit: Provided , that the headquarters of said company shall be at Salt Springs, Douglas county, but said headquarters may be moved at any time by a majority vote of all the stockholders of said company, or by the board of directors, subject to be ratified by a majority vote of the stockholders. Location of main line. Right to use right-of-way of Ga Pacific Railway. Proviso. Compensation. Property rights. Principal office. Sec. IX. 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 as a trustee, executor, or administrator, or guardian, cannot agree upon the price to be paid therefor, then either may apply to the Sheriff of the county in which the land lies to summons a jury of five men, disinterested freeholders, to be drawn from the jury-box by a magistrate of the militia district wherein the land may lie, who, when so drawn, or a majority of them, shall go where the land required is situated and examine the land, and such witnesses as the parties desire, and assess the damages, and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the benefit accruing to said land by reason of the building of said railroad, but in no case shall the jury give less damage than the actual value of the land to be taken. The party moving shall in all cases give the opposite party ten days' notice of the time and place of hearing, and if either party is dissatisfied, he or they shall have the right to appeal the case to the next Superior Court of the county by complying with the law in relation to appeals to the Superior Courts. The Sheriff shall have for his services the sum of five dollars, and the jurors shall have one dollar each for every day

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they may serve, and witnesses seventy cents per day each to be paid by said railroad company: Provided , the damages assessed are over twenty-five dollars; if the damages are under twenty-five dollars, then the cost, or one-half of it, must be paid by the land-owner, but should either party carry the case up by appeal, then in that event the party carrying it up must pay all the costs before the appeal is entered. The Sheriff, or his deputy, shall have power to swear the jury and witnesses in all such cases, and when the assessment made shall be paid or tendered in good lawful money, then the title to the land shall vest in said company. Disputed rights-of-way. Appraisers Appeals. Costs, etc. Sec. X. Be it further enacted , That the said company shall have power to receive land or other property as payment or part payment of the subscription to the capital stock at such valuation as may be agreed upon under the rules, regulations and by-laws of said company. Payment for stock. Sec. XI. Be it further enacted , That until a board of directors shall have been duly elected and installed into office, the corporators, or a majority of those named, shall have all the powers of the board of directors to be selected, and may do and perform every act that said board of directors may, might or could do when legally and regularly elected. Provisional directors Sec. XII. Be it further enacted , That said railroad company may contract, loan, borrow money, mortgage its property, real and personal, and the franchise, and to do and perform any other act which may be to its interest or advantage, not inconsistent with the laws of this State. Borrow money, make mortgages, etc. Sec. XIII. Be it further enacted , That the stockholders in said company shall not be bound in their private capacity to any of the creditors of said corporation, only for the amount of stock subscribed for by him, until the subscription is fully paid up or until the stockholder shall have paid out of his private funds debts of said corporation to the amount equal to his unpaid subscription. Liability of stockholders. Sec. XIV. Be it further enacted , That said company shall have power and authority to consolidate its road and franchise with any other railroad company or companies now or hereafter incorporated by the laws of this or other States upon such terms and understanding as may be agreed upon by them. Consolidation with other roads, etc. Sec. XV. Be it further enacted , That said railroad company shall have power to locate depots, establish water-tanks, section-houses, machine-shops and all other buildings and machinery that may be necessary for its construction and operation, and for this purpose may receive donations in money, notes, bonds, mortgages, lands or property of any kind or character that may look to the best interests of the said company and its early construction, building and operation. Depots, etc.

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Sec. XVI. Be it further enacted , That as soon as this Act is passed and approved, any one of said incorporators selected by a majority may proceed at once to take donations of money, notes, bonds, mortgages, deeds to land or obligations to pay money or deliver property, real or personal, to said company, and to receive propositions of any kind to said company, as same as if said company had met and elected a board of directors; said propositions to be made to said corporators shall be in writing and signed by the party making it or by some one authorized to sign his, her or their name to it. Donations, subscriptions, etc. Sec. XVII. Be it further enacted , That said railroad company is hereby authorized to build, construct and operate such branches from its main line as it may deem to its interest, to the city of Atlanta or any other point or points: Provided , that no branch road shall be constructed within ten miles of any other existing road or roads, but this proviso shall not apply to any branch road it may build to the cities of Atlanta or Columbus. Branches. Proviso. Sec. XVIII. Be it further enacted , That nothing contained in this Act shall be so construed as to permit said railroad company to make or become a party to any purchase, lease, agreement, contract, sale or consolidation which may have the effect, or be intended to have the effect, to defeat or lessen competition or to encourage monopoly. May not defeat competition. Sec. XIX. Be it further enacted , That if within five years from this time work has not been begun in good faith toward the construction of the said Salt Springs, North and South Railroad, that this charter shall be null and void. Limitation of charter. Sec. XX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886.

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INCORPORATING THE SALT SPRINGS AND BOWDON LITHIA RAILROAD COMPANY. No. 69. An Act to incorporate the Salt Springs and Bowdon Lithia Railroad Company, and to confer certain powers and privileges on said company, and to authorize said company to consolidate its railroad with any other railroad in this State, 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, E W. Marsh, Sr., S. M. Inman, J. A. Watson, E. W. Marsh, Jr., S. S. Marsh, M. B. Marsh, 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 Salt Springs and Bowdon Lithia Railroad Company, and in and by that name may sue and be sued; plead and be impleaded in any court of law or equity in this State; may have and use a common seal; may make and repeal by-laws, and appoint all necessary officers, servants and agents, and shall have all 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 granted and 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. Corporate name. General powers. Sec. II. Be it further enacted by the authority aforesaid , That for the organization of said company said persons herein named, or any three of them, shall have power to open books of subscription under such regulations as they may direct, and when as much as 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 ten days' notice shall be given in some public gazette of this State, or be served personally on each of the subscribers to the capital stock of said company, at which time and place said stockholders may proceed to the election of atleast three directors and not more than five, 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 and enter upon the discharge of their duties. At all the meetings of the company each stockholder shall be entitled to one vote for each share of stock held by him or her. One hundred

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dollars of the capital stock shall constitute a share. The capital stock of said company shall be the sum of ten thousand dollars, and when said ten thousand dollars has been subscribed, and five thousand has actually been paid in, the capital stock of said company may be increased by subscription to the sum of three hundred thousand dollars, but before this is done there must be a majority vote of the stockholders owning the first ten thousand subscribed, and said capital stock cannot be increased until a meeting of said stockholders is held for that special purpose. The subscription to the capital stock of said company may be subscribed to be paid in money, land, material for construction or labor, the value of subscriptions, other than money, to be fixed by the officers of said company and the subscribers. Books of subscription. First meeting. Directors. Terms. Vote of stockholders. Capital stock. Increase. Payment of subscriptions. Sec. III. Be it further enacted by the authority aforesaid , That the present owners of the railroad now in operation from the depot in the town of Salt Springs to Bowdon Lithia Springs, in the county of Douglas, may subscribe to the capital stock of the company to be organized under this Act the full value of said railroad and equipments, and subscription to be discharged and paid off by the transfer and surrender of said road and equipments to the company created by this Act on such terms as may be agreed upon between said owners and the corporation herein created, said road and equipments, or the agreed value thereof, to constitute the first ten thousand dollars of the capital stock of the company created under this Act, or so much thereof as the agreed price for such road and equipments may be. Amalgamation with existing road. Sec. IV. Be it further enacted by the authority aforesaid , That said company shall have full power and authority to survey, lay out, construct, equip and operate a railroad from the town of Salt Springs, in the county of Douglas, by way of Bowdon Lithia Springs, in the same county, to Atlanta, Georgia, through the counties of Cobb, Campbell and Fulton, and shall have the right to extend said railroad to the town of Austell in Cobb county, Georgia. All questions concerning the right-of-way between said company and the owners of lands through which said railroad may pass shall be determined as follows: It shall and may be lawful for either party to summons two freeholders each, and the four to summons the fifth, all of whom shall be sworn to enter upon the land sought to be appropriated to the use of said company to take such matter into consideration and award in writing the amount in damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court where the land lies within ten days from the delivery of the award. In assessing the damages the freeholders, or the jurors, shall take into consideration any prospective enhanced value to the property of such owners by reason of the building of said

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road, and to hear evidence touching the same, and upon payment of the damages so awarded, a fee-simple title to such lands and privileges shall vest in said company; said right-of-way may be, if deemed best by said company, two hundred feet in width. Route. Disputed rights-of-way. Appraisers Award. Appeal, etc Sec. V. Be it further enacted by the authority aforesaid , That when said ten thousand dollars mentioned in this Act shall have been subscribed and paid in, either in money, material or labor, or in the turning over and surrendering of the railroad and equipments heretofore mentioned to the company created by this Act, it may issue bonds for the amount of fifteen thousand dollars, and should said capital stock be increased to any amount above said ten thousand dollars, then said company is authorized to issue bonds and secure the same by mortgage or deeds of trust to whatever amount said company may deem best on all the property and franchises of said company. The money realized from the sale of said bonds shall be applied to the building and equiping 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 completion of the road, upon such terms as may be agreed on, but the purchasers thereof shall acquire no title, only such as the company under this Act may have; that the company incorporated by this Act shall have power and authority to consolidate its road with any other railroad incorporated by the laws of Georgia or other State or States: Provided , that nothing contained in this section shall be so construed as to permit said railroad company to make or be a party to any purchase, lease, agreement, contract, sale or consolidation which may have the effect, or be intended to have the effect, to defeat or lessen competition or to encourage monopoly. Bonds. Mortgages, etc. Lease, sale, etc. Consolidation with other roads Sec. VI. Be it further enacted by the authority aforesaid , That the subscribers to the capital stock of the company hereby incorporated shall not be liable in their individual or private capacity to the creditors of said company, only to the amount of the unpaid subscription due by each to said company. Liability of stockholders. Sec. VII. Be it further enacted by the authority aforesaid , That said company shall have power to change 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. Tolls. Sec. VIII. Be it further enacted by the authority aforesaid , That all laws in conflict with this Act, or any part of its provisions, are hereby repealed. Approved December 24th, 1886.

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AMENDING CHARTER DARIEN SHORT-LINE RAILROAD COMPANY. No. 72. An Act to amend the charter of the Darien Short-Line Railroad Company so as to allow said railroad company to occupy and use any public road or roads in laying out their right-of-way or depot grounds, and in laying tracks and running trains, when the Ordinary, board of county commissioners or other county authorities having charge of public roads consent to the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, it shall be lawful for the said Darien Short-Line Railroad Company to occupy and use, in the construction of their railroad, in the laying out of their right-of-way or depot grounds, or in the laying of their tracks or operation of their road, any public road or roads, or such parts of the same as they may desire, in any county into which their said railroad may run: Provided , the consent of the Ordinary or board of county commissioners, or other county authorities having charge of public roads in the county where the public road or roads sought to be used shall lie, is first obtained, said consent to be regularly and officially obtained and to be entered on the county records. May use public roads for right-of way. How acquired. 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 December 24th, 1886. INCORPORATING THE DEEP WATER RAILROAD COMPANY. No. 73. An Act to incorporate The Deep Water Railroad Company. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That James Walker, George E. Atwood, John Malcolm, Charles H. Hopkins, William H. Atwood and Reuben K. Walker, and such other persons as they may associate with them, and their successors and assigns, be, and they are hereby constituted a body

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corporate and politic under the name and style of the Deep Water 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. Corporate name. General powers. Sec. II. Be it further enacted by the authority aforesaid , 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 town of Malcolm, in the county of McIntosh, to its terminal point on the Darien Short-Line Railroad, and from such point to the town of Malcolm, 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 town of Malcolm, in the county of McIntosh, to any point on line of Darien Short-Line Railroad, 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, said corporation paying the owners of the land through which the road may pass, and who have not donated the same just and adequate compensation for the value of the land, covered by the railway, or which may be necessary to the road, the width of the strip 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 tracks, in procuring the necessary timber, earth and other materials for construction, and for the construction thereon of toll-houses, wells, cisterns, pumps, switches, slips, depots, wharves, warehouses, culverts, and any other necessary works and purposes. Should the owners 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

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of the county; but if such owners shall decline or neglect, after ten days' notice, to appoint one 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 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 justice 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 to assess damages for less than the actual value of the land so taken. Route. Right-of-way Disputed. Appraisers Award. Appeal, etc. Proviso. Sec. III. Be it further enacted by the authority aforesaid , That the said railroad shall be so constructed as not to 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 by the authority aforesaid , That the capital stock of said company shall be one hundred 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 one million dollars as they may determine, which shall be divided into shares of one hundred dollars each. Capital stock. Sec. V. Be it further enacted by the authority aforesaid , That any three persons above-named, on giving ten days' notice in a newspaper having a circulation in the county of McIntosh, 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, 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 provided by the by-laws of the company, and the said directors shall have power to receive further subscriptions to the capital of the company, not to exceed one million dollars, and to enforce the payment of said subscriptions 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. First meeting. Directors. Their powers. Default in payment for stock.

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Sec. VI. Be it further enacted by the authority aforesaid , 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 necessary 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. Borrow money, etc. Sec. VII. Be it further enacted by the authority aforesaid , 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. President. Sec. VIII. Be it further enacted by the authority aforesaid , 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 individuals upon such terms as may be agreed upon between them, not inconsistent with the laws and constitution of this State. Sale, etc., to other companies. Sec. IX. Be it further enacted by the authority aforesaid , 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 McIntosh county, may call a meeting of the stock-holders of said company to act on business of the company, and such action shall be binding upon the company. Called meetings of stock-holders. Sec. X. Be it further enacted by the authority aforesaid , That all the rights, powers and privileges granted by this Act shall lapse and become void, unless said 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. Limitation of charter. 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 December 24th, 1886.

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INCORPORATING THE SAVANNAH AND JACKSONVILLE AIR-LINE RAILROAD COMPANY. No. 74. An Act to incorporate the Savannah and Jacksonville Air Line Railroad Company, and for other purposes. Section I. The General Assembly of Georgia do enact , That J. H. Dilworth, W. H. Atwood, A. S. Way, M. A. Hardin, J. C. Smith, Ira E. Smith, T P. Rice and H. E. W. Palmer, all of said State, their associates, successors and assigns, are hereby created and constituted a body corporate under the corporate name of the Savannah and Jacksonville Air-Line Railroad Company, with perpetual succession, and by that name shall have the right and be capable to sue and be sued; to have and use a common seal, and alter, change and destroy the same at pleasure; to make, alter and repeal any by-laws not repugnant to the laws of this State or the United State; to acquire by gift, lease or purchase any property, real, personal or mixed, and hold and dispose of the same at pleasure, and generally to do any and all acts, not inconsistent with the laws of this State or the United States, for successfully carrying the objects of this Act into full force and effect. Corporators. Corporate name. General powers. Sec. II. That the capital stock of said company shall be five hundred thousand dollars, with the right to increase the same from time to time to an amount not exceeding two million dollars, to be divided into shares of one hundred dollars each. Capital stock. Sec. III. That when the sum of twenty five thousand dollars shall have been subscribed to said capital stock, as hereinafter mentioned, said incorporators named shall have the right to organize and commence operations under this Act. Organization. Sec. IV. That the incorporators named, or a majority, shall have the right to open books of subscription to said capital stock at such place or places as they may deem best, and the subscribers thereto may pay the amount subscribed in money or its equivalent to be determined and accepted by the board of directors hereinafter named, if said directors deem best to accept any other thing of value in lieu of said money. Books of subscription. Payments for stock. Sec. V. That at the first meeting of said subscribers to said stock to be called by said incorporators at such time and place as they, or a majority of them, may deem best, after giving such notice thereof as they may determine, a board of directors of not less than five nor more than nine shall be selected from the stockholders for the term of one year and until their successors are elected. Said directors shall select from their own number a president and vice-president of said company. They shall also have the power to select and appoint any and all such other officers, agents and

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employees of said company as they may deem best and determine the amount of their compensation, and they shall manage and control the affairs and business of said company, declare and pay dividends when earned, and generally supervise and control the interests of said company. There shall also be an annual meeting of the stockholders of said company at its principal office, at which time a board of directors as aforesaid shall be elected for one year and until their successors are elected. At all such meetings a majority of the stockholders present in person or by written proxy shall constitute a quorum, but no person not a stockholder shall be capable of holding such proxy. A majority of said directors shall constitute a quorum, and whenever any director ceases to be a stockholder, he shall thereupon cease to have any authority as such director and a vacancy shall at once arise. The board of directors shall have power to fill any vacancy in said board until the meeting of the stockholders held next thereafter: until said directors are elected as aforesaid the incorporators named, or a majority of them, shall exercise all the powers of said directors. First meeting. Directors. Officers agents. Powers of directors. Annual meetings of stockholders. Quorum. Vacancies. Sec. VI. That said company shall have full power and authority to survey, lay out, locate, build, construct, equip and operate a railroad from and in the city of Savannah, in the county of Chatham, said State, to, into and through the counties of Chatham, Bryan, Liberty, McIntosh, Wayne, Glynn and Camden, in said State, to a point on the line that divides the State of Florida from this State, and to carry passengers and freight thereon and charge and collect toll therefor. The right-of-way of said road shall not be over two hundred feet in width, except where it may be necessary for its side-tracks, switches, depots and other necessary buildings. Route. Sec. VII. That section 1689 (1) of the Code of this State (edition of 1882) is hereby made a part of and incorporated into this Act, and all the powers therein mentioned may be exercised by said company: Provided , however, that said company shall not have the right to condemn the main track of any other railroad company, nor more than two miles of any one side-track of any other railroad company, the same to be condemned only in a continuous line, when necessary or proper to enable said corporation to reach its freight or passenger depot or the general or union passenger depot in any city, town or village, or for the purpose of passing into, through or beyond any such city or town. Condemnation of ways. Proviso. Sec. VIII. That the principal office of said company shall be in the city of Savannah, said State, but it may be removed at an annual meeting, by a two thirds vote of the stockholders present as aforesaid, to any other point within this State. Principal office. Sec. IX. That said company shall also have full power and authority to survey, lay out, locate, construct, equip and operate a branch road or roads from and to said main line as it may deem best. Branches

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Sec. X. That said company shall have full power to borrow money at such time and on such terms as it may deem best, and secure the payment of same by mortgage or mortgages, or deed, or deed of trust upon any or all or part of its property and franchises and rights generally; to do any and all things necessary to fully secure the payment of said money. Mortgages, etc. Sec. XI. Be it further enacted , That all the rights, powers and privileges granted by this Act shall lapse and become void unless such corporation 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. Limitation of charter. Sec. XII. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 24th, 1886. INCORPORATING THE ATLANTA AND EDGEWOOD STREET RAILROAD COMPANY. No. 75. An Act to incorporate the Atlanta and Edgewood Street Railroad Company. Section I. The General Assembly of Georgia do enact , That Joel Hurt, C. W. Hubner, H. E. W. Palmer, W. P. Inman, Peter Lynch, R. C. Mitchell, A. G. Candler, J. P. McDonald, J. G. Reynolds, A. F. Moreland and P. H. Harralson, all of said State, and their associates, successors and assigns, are hereby incorporated and made a body corporate and politic for the term of fifty years, with the right of renewal, under the name of the Atlanta and Edgewood Street Railroad Company. Corporators. Name. Sec. II. Be it further enacted , That said corporation by said name shall have the right and be capable to sue and be sued; to have and use a common seal and alter and renew the same at pleasure; to make, alter and repeal any and all by-laws it may deem best, not in conflict with the laws of this State or of the United States, and it may make contracts, borrow money, issue bonds, notes or other evidences of debt, and secure the same by such mortgage or mortgages, or deed or deeds of trust as it may deem best, and it may acquire by gift or purchase and receive and hold such property, real, personal or mixed, as it may deem profitable, and it may dispose of any part thereof at pleasure. It shall have power to fix, charge and collect such rates of toll for the carriage of persons and property as it may deem proper, and it shall have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. General powers. Tolls.

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Sec. III. Be it further enacted , That the capital stock of said company shall be twenty-five thousand dollars, divided into shares of one hundred dollars each, with the right to increase the same from time to time to any sum not exceeding two hundred thousand dollars, but said company may organize and commence business when the sum of five thousand dollars is subscribed to said capital stock. The persons named as incorporators, or a majority of them, may open books of subscription to said capital stock at such time and place or places as they may determine. All subscriptions shall be paid in cash, or that which said persons or the directors hereinafter provided for may deem its equivalent, in installments as called for by the board of directors. Said incorporators may exercise all the rights and powers of directors of said company until directors are elected as hereinafter provided. Capital Stock. Organization. Books of subscription. Payments for stock. Provisional directors Sec. IV. Be it further enacted , That at the first meeting of the subscribers to said capital stock to be called by said incorporators, a board of not less than seven nor more than thirteen directors shall be elected from the stockholders, a majority of whom shall constitute a quorum; said directors shall hold office for one year and until their successors are elected. They shall elect from their own number a president and vice-president. There shall be an annual meeting of the stockholders at such time and place as may be named in the by-laws. At such meetings, as well as special meetings, a majority of the stockholders present, in person or by proxy, shall constitute a quorum. If at any such meeting a quorum is not present those present may adjourn to some other time fixed by them for the transaction of such business as may properly come before said meeting, and if no quorum is present at said adjourned meeting, of which the stockholders shall have notice, those present shall have the right to fully act as a meeting of stockholders of said company. At all stockholders' meetings each stockholder shall be entitled to one vote for each share of stock owned by him. The board of directors shall have power and authority to manage and conduct the affairs of said company and to prescribe rules for managing and conducting all the business of said company. First meeting. Directors. Quorum. Officers. Annual meetings. Quorum, etc. Power of directors. Sec. V. Be it further enacted , That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines or routes of street railroad over and through any street or streets in the city of Atlanta, said State, and also from such point in said city as may be deemed best to run into the village of Edgewood in said county, and to such point or points in the county of Fulton as may be deemed best; and said corporation shall also have the power and authority, from time to time, to survey, lay out, construct, equip, use and enjoy such branch roads from its main line as it may deem best, said main line being from a convenient point in said city to Foster street and along said Foster street, or other street in same direction if deemed

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best, to the limits of said city and thence to and into said village of Edgewood to such point or points therein as may be deemed best. Said company shall have power to run a said street railroad over any public road or roads of said county. It may also use horses and mules for drawing its cars, or it may use electricity or any other motive-power for drawing said cars now used or known, or that may hereafter be discovered or utilized: Provided , that before said company shall have the authority to construct and operate said street railroad as aforesaid, it must obtain the consent of the corporate authorities of the city of Atlanta to construct and operate said road within the limits of said city, and it must also obtain in like manner the consent of the proper authorities of the county of Fulton to construct and operate said road over any public road of said county; and if it is desired to construct and operate said road in any other incorporated town, city or village of said county it must likewise first obtain the consent of said town, city or village as aforesaid, and when said consent is obtained, as provided by the constitution of said State, this Act shall be and remain of full force and effect: Provided , that said company shall not run their cars over any public street or road at a greater rate of speed than ten miles an hour. Route. Branches. Motive power. Proviso. Consent of city. And county, etc. Speed. Sec. VI. Be it further enacted , That the principal office of said company shall be in the city of Atlanta. Principal office. Sec. VII. Be it further enacted , That all of sections five and six of an Act incorporating the Metropolitan Street Railroad Company, approved December 2, 1882, and appearing on page 202 of the published laws of said State for 1882 and 1883, are hereby made a part of this Act, and the powers and privileges set forth in said sections are hereby conferred upon and granted to said company named in the first section of this Act. Same powers as Metropolitan St. R. R. Sec. VIII. 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, 1886.

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AMENDING CHARTER OF ATHENS AND JEFFERSON RAILROAD COMPANY. No. 76. An Act to amend An Act to incorporate the Athens and Jefferson Railroad Company, with power to build branch roads, and for other purposes, approved October 19th, 1885, by striking out the names of certain incorporators from said Act and inserting other names in lieu thereof; also to confer upon said company the right and authority to extend its railroad, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act to incorporate the Athens and Jefferson Railroad Company, with power to build branch roads, and for other purposes, approved October 19th, 1885, be, and the same is hereby amended by striking out the names of James S. Hamilton, F. Phinizy, W. S. Holman, John E. Talmadge, S. P. Thurmond and R. K. Reaves, and inserting in lieu thereof the names of John Gerdine, E. K. Lumpkin, W. J. Russell, W. B. Burnett and E. R. Brumby, so that said section, when so amended, shall read as follows: Section I. Be it enacted by the General Assembly of the State of Georgia, That J. B. Glover, S. M. Herrington, John Gerdine, E. H. Dorsey, E. K. Lumpkin, W. J. Russell, W. B. Burnett, E. R. Brumby, A. J. Cobb, P. L. Gantt, T. C. Hampton, Charles F. Holliday, T. H. Niblack and W. C. Howard, their associates, successors and assigns, be, and they are hereby incorporated and made a body politic and corporate under the name and style of the Athens and Jefferson Railroad Company, and as such may sue and be sued, plead and be impleaded in any court of 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. Names of corporators changed. Sec. II. Be it further enacted by the authority aforesaid , That the Act aforesaid be further amended by inserting in the eighth line of section 2, after the words, Banks county, and before the words and also, the words and thence in a northerly direction to the North Carolina line or the South Carolina line, as the company may deem best, and further to amend section 2 of said Act by striking out the words, to the town of Homer in Banks county, so that said section 2, when so amended, shall read as follows: Section 2. Be it further enacted, That said company shall

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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 and thence in northerly direction to the North Carolina line or the South Carolina line, as the company may deem best, 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 ruch rates as may be just, reasonable and legal. Route. Sec. III. Be it further enacted , That all the rights, powers, privileges and authority granted in this Act, or the Act of which this is amendatory, shall lapse and become void and of no effect unless said company shall in good faith commence to construct and operate said railroad within five years from the date of the approval 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 December 24th, 1886. AMENDING CHARTER ROME AND DECATUR RAILROAD COMPANY. No. 83. An Act to amend an Act entitled an Act to incorporate the Rome and Decatur Railroad Company, etc., approved July 30th, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia , That the fifth section of said Act To incorporate the Rome and Decatur Railroad Company, etc., approved July 30th, 1883, be, and the same is hereby so amended as to authorize the stockholders of said company to elect eleven directors instead of seven as now authorized; and further, and that the stockholders of said company at any election of directors may elect one of said directors as president and one as vice-president of said company in the manner prescribed by the rules, regulations and by-laws of said company. Fifth section amended. Change of number of directors. Officers. Sec. II. Be it further enacted, etc. , That a committee of three directors of said company may be appointed by the said board of directors, who shall act as an executive committee for the

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transaction of the business of said company in the absence at any time of a majority of the board of directors, said executive committee to be governed by the rules and regulations and by-laws of said company. Executive committee. Sec. III. Be it further enacted, etc. , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886. INCORPORATING THE THOMASVILLE STREET RAILWAY COMPANY. No. 87. An Act to incorporate the Thomasville Street Railway 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, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, George Feam, D. B. Paxton, E. D. Whitaker, and their associates and successors, be, and they are hereby declared a body politic and corporate by the name and style of the Thomasville Street Railway 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, hold, enjoy or convey any property, real or personal, that may be necessary for the purpose 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 Thomasville. Corporators. Name. General powers. Place of business. Sec. II. Be it further enacted by the authority aforesaid , That said company shall have power and authority to survey, lay out, constuct and equip, use and employ street railroads in the city of Thomasville, and county of Thomas, in accordance with the consent of the municipal authorities of said city: Provided , that nothing in this section shall be so construed as to hinder the city authorities in the future from building such sewers as they may deem necessary for drainage purposes, or laying such gas or other pipes as they may deem necessary for lightning the said city or supplying it with water. Route. Consent of city Proviso.

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Sec. III. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not exceed twenty-five thousand dollars, to be divided into shares of twenty-five dollars each, but said capital stock may be increased to fifty thousand dollars, or any intermediate sum, upon a vote of a majority of the stockholders. Capital stock. Sec. IV. Be it further enacted , That the officers of said company shall be a president, secretary, treasurer, a board of five directors, and such other officers or agents as said company may desire to elect or employ. Officers. Sec. V. Be it further enacted , That said company may convey upon their lines passengers, charging reasonable rates for the same. Carriers. Sec. VI. Be it further enacted , That said company shall not employ any steam engine upon their road without the consent of the city council of Thomasville. May not use steam. Sec. VII. Be it further enacted , That the track of any road or roads which the said company may lay in any of the streets of the city of Thomasville shall be so laid as not to prevent drays, carriages or other vehicles from crossing the same. Laying of tracks. Sec. VIII. Be it further enacted , That the charter of said company shall continue in force for thirty years. Term of charter. Sec. IX. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886. INCORPORATING THE WEST END AND EAST POINT STREET RAILROAD COMPANY. No. 89. An Act to incorporate the West End and East Point Street Railroad 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, R. H. Caldwell, G. H. Culberson. O. I. Culberson, Lewis Coak, James M. Wilson, J. A. Caldwell, W. L. Wilson, J. M. Caldwell, Anthony Murphy, F. B. Baker and H. L. Culberson, and such other persons as they may associate with them, and their successors and assigns, be, and they are hereby declared a body politic and corporate by the name and style of the West End and East Point Street Railroad Company, and in and by that name may sue and be

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sued, plead and be empleaded 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, hold, enjoy or convey any property, real or personal or mixed, that may be necessary for the purpose hereinafter set forth, or which they may acquire in the progress of their business. Corporators. Name. General powers. Sec. II. That said company shall have power and authority to survey, lay out, construct and equip, use and employ streets and roads in the towns of West End and East Point, in Fulton county, to-wit, from the eastern terminus of Gordon street, in West End, to where it is crossed by Lee street; thence southward along Lee street and the Newman road to the town of East Point: Provided , they first obtain the consent of the proper county authorities. Route. Proviso. Sec. III. That the capital stock of said company shall be ten thousand dollars, which may be increased to fifty thousand dollars should the business of the company require it, books of subscription for which shall be opened in West End and at any other points in the United States which may be deemed advisable. Said stock shall be divided into shares of one hundred dollars each, and be issued and transferable in such manner and upon such conditions as the board of directors of said company may determine, each share of one hundred dollars being entitled to a vote at such time and in such manner as the company shall by its by-laws prescribe. Capital stock. Books of subscription. Issue and transfer of stock, etc. 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 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 the said corporators, or a majority of them, may determine, and annually thereafter by the stockholders of said company. Said directors shall hold their office until their successors are elected and qualified, and they may fill any vacancy which may happen in the board of directors by death, resignation or otherwise; they may also adopt such by-laws, rules and regulations for the government of said company and management of its affairs and business as they may think proper, not inconsistent with the laws of this State and of the United States. Directors. Term. Vacancies. By-laws, etc. Sec. V. That the said West End and East Point Street Railroad Company may carry upon their lines either passengers or freight, as the exigencies of the business community and public wants may require, and use either horse or steam power, as the company may elect. Carriers. Motive power.

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Sec. VI. That said street railroad shall not be constructed through the corporate limits of any town without the consent of the corporate authorities of said town. Consent of corporate authorities. Sec. VII. That the said company, by and with the consent of the town council of West End and town authorities of East Point, shall be subject to all the privileges and exemptions as to town taxes and exemptions as may be agreed upon: Provided , that all the powers granted by this Act shall cease unless the said company shall within two years from the passage hereof begin the construction of said street railroad and proceed bona fide in its construction. Exemptions from taxes. Limitation of charter. Sec. VIII. Be it enacted , That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved December 24th, 1886. AMENDING CHARTER OF THE GEORGIA MIDLAND AND GULF RAILROAD COMPANY. No. 92. An Act to amend an Act entitled an Act to incorporate the Georgia Midland and Gulf Railroad Company; to confer certain powers and privileges on said company, and for other purposes, approved September 29, 1885. 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 Georgia Midland and Gulf Railroad Company; to confer certain powers and privileges on said company, and for other purposes, approved September 29th, 1885, be, and the same is hereby amended by adding at the end of section two of said Act the following words, to-wit: And said railroad company is further authorized and empowered, under the provisions of this Act, to extend, construct, maintain and operate a railroad from any point on their line of railroad to any point or station on the line of the Atlanta and Charlotte Air-Line Railway Company's railroad, and any other railroad which may be operated between Atlanta, Georgia, and Charlotte, North Carolina, as to said Georgia Midland and Gulf Railroad Company may seem most practicable or desirable to them. Section 2 amended. Branch roads. 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 24th, 1886.

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AMENDING CHARTER OF ROME AND DECATUR RAILROAD COMPANY. No. 86. An Act to amend An Act to incorporate the Rome and Decatur Railroad Company with power, to build branch roads, and to define its rights, powers and privileges, and for other purposes, approved July 30, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 3 of the aforesaid Act be so amended that, in addition to the powers and authority granted to the said Rome and Decatur Railroad Company to build and construct a road from Rome, Georgia, in a westerly direction to the Alabama State line, in the county of Floyd, that said company is hereby authorized and empowered to build and construct a branch railroad from such point in Floyd county, on said main line, to run in a northerly direction through Floyd, Chattooga and Walker counties, in said State of Georgia, upon such line and route and to such point or points in either of said counties as they may choose and adopt, with all the powers, privileges and immunities as are granted in said Act of incorporation to the said Rome and Decatur Railroad Company. Section 3 amended. Branch roads. Sec. II. Be it further enacted , That section 3 of said Act of incorporation be, and is hereby further amended so that, in addition to the power and authority therein granted, the said Rome and Decatur Railroad Company be, and are hereby authorized and empowered to extend their main line from Rome, in the county of Floyd, in a northeasterly direction through the counties of Bartow, Cherokee, Forsyth, Dawson and Hall to a point at or near Gainesville, in said county of Hall, on the Piedmont Air-Line Railroad, over and upon such line and route and to such point or points as the said company may choose and select, with all the powers, privileges and immunities attaching thereto as are granted in said Act of incorporation. Further amended. Northeasterly branch. Sec. III. That the granting of this charter shall not be construed to be a revocation of the chartered rights of any other railroad company already constructed, but should it be found that any other railroad company possesses any valid grant of exclusive privileges or franchises of any character which will be infringed by the building of the road hereby authorized upon the line or location which the said Rome and Decatur Railroad Company may select for said extension, then the said Rome and

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Decatur Railroad Company is hereby authorized to condemn and take such part or so much of such exclusive or special privilege as may be required to enable said company to locate its road upon the most practicable and desirable road between the termini aforesaid; and if the said railroads should not be able to agree as to the value or price to be paid for the chartered rights and franchise herein provided to be condemned, then the Rome and Decatur Railroad Company shall choose one arbitrator, who shall be a railroad expert, and the other railroad company shall choose an arbitrator, who shall be a railroad expert, and the two, failing to agree, shall choose a third, who shall also be an expert in railroad building. The arbitrators thus selected shall decide the value of the chartered rights proposed to be condemned, and should either party be dissatisfied with the award of the said board of arbitrators, then an appeal may be had to the Superior Court of the county in this State in which the principal office of said company whose rights are to be condemned may be located, to be tried as the rights-of-way are to be tried when there is a disagreement between the parties, as provided in section 1689 (1) of the Code of Georgia, 1882. Rights of other roads reserved. Condemnation. Dispute. Arbitrators. Appeal. Sec. IV. That should said railroad company and the Rome Railroad Company find it desirable to consolidate their several roads so far as they may run in the same direction, said companies are hereby authorized to enter into any contract for such purpose which may be proper, or said Rome and Decatur Railroad Company is hereby authorized to buy, and said Rome Railroad Company is hereby authorized to sell to the former company the road of the latter company, or said former company may lease the road of the latter upon such terms as may be agreed upon. Consolidation with Rome R. R. Co. Sec. V. That section fourteen of the original charter of the Rome and Decatur Railroad shall not apply to the Rome Railroad Company. Sec. 14 of charter not to apply to Rome R.R. Sec. VI. That if work shall not be commenced within five years from the date of the passage of this bill, then, and in that case, this charter and all the rights granted herein shall become null and void. Limitation of charter. Sec. VII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886.

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AMENDING CHARTER OF THE ROME AND DECATUR RAILROAD COMPANY. No. 91. An Act to amend an Act entitled an Act to incorporate the Rome and Decatur Railroad Company, with power to build branch roads, and define its rights, powers, privileges, and for other purposes, approved July 30th, 1883. Section I. Be it enacted by the General Assembly of the State of Georgia , That whereas, on June 25th, 1884, the stockholders of the Rome and Decatur Railroad Company, under and by virtue of the charter from the State of Georgia and the stockholders of the Rome and Decatur Railroad Company, under and by virtue of the charter from the State of Alabama, met in the city of Rome, Georgia, after due and proper notice having been given, on the day aforesaid, to-wit, the 25th of June, 1884, at the office of the Rome and Decatur Railroad Company, in the city of Rome, Floyd county, Georgia, and unanimously passed the following resolution, to-wit: That the charters of the States of Georgia and Alabama, and all franchises and interests therein in accordance with the authority in said charters expressed, be, and the same are hereby consolidated into one, to be governed, controlled and managed by the board of directors elected for said consolidated company. All such rules, regulations and by-laws as shall be made for the government of said company, its officers and directors, by the said board of directors shall be binding and obligatory on all parties hereto the same as if made, sanctioned and approved by said company or organizations in each of said States separately. Therefore be it enacted as aforesaid, That the said organization and consolidation of the said companies as aforesaid be, and the same are hereby confirmed, made legal and sanctioned in accordance with the authority granted in the charters of said companies respectively. Organization heretofore made confirmed. Sec. II. Be it further enacted , That all the powers, privileges and immunities, with all the limitations and restrictions that were enjoyed, had and exercised or given and granted to the said company under the charter in the State of Georgia be, and the same are hereby extended and granted to the said consolidated company known and to be named as the Rome and Decatur Railroad Company. Privileges, powers, etc., extended to consolidated company. Sec. III. All laws in conflict with the foregoing Act are hereby repealed. Approved December 24th, 1886.

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INCORPORATING THE ATLANTA AND ASHEVILLE RAILROAD COMPANY. No. 97. An Act to incorporate the Atlanta and Asheville Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That L. J. Hill, J. A. Fitten, R. D. Spalding, R. R. Asbury, S. T. Kelsey, H. P. Bell, J. H. Nichols, C. W. Asbury, Jack J. Spalding, and such other persons as may be associated with them by becoming stockholders in the company hereinafter named, their successors and assings, are hereby created a body corporate and politic by the name and style of The Atlanta and Asheville Railroad Company, and by such name shall have perpetual succession; may sue and be sued; plead and be impleaded in any court of law or equity; may make such by laws and appoint such officers as they see fit; may make all contracts, purchase, hold and convey all property, real or personal, necessary for the purpose of their incorporation, or which they may be authorized to hold under this Act; to have and use a common seal, and do all other lawful acts, and especially all the powers and privileges set forth in the Code of Georgia of 1882, section 1689 (i) Corporators. Name. General powers. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be one million dollars, divided into shares of one hundred dollars each, but the same may be increased by a majority vote of the stockholders of the company; that books for subscription to the capital stock of said company may be opened at such times and at such places, in or out of this State, as a majority of said named corporators shall direct in writing, and when five hundred thousand dollars of said stock is subscribed, a majority of said named corporators shall, at first meeting of stockholders to assemble in the city of Atlanta, by giving two weeks' public notice in a gazette, published at said place, at which meeting the first board of directors of said company shall be elected and its organization perfected. At all meetings of stockholders each share shall be entitled to one vote and may be cast either in person or by proxy. Capital stock. Books of subscription. First meeting. Directors. Sec. III. Be it further enacted, etc. , That the board of directors of said company shall be composed of nine members, who shall be stockholders in said company, a majority of whom shall constitute a quorum to transact business, and said directors shall hold their offices for one year and till their successors are elected and qualified. Each board of directors at its first meeting shall elect from their own number a president of said company, who

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shall hold his office till his successor is elected and qualified, and all vacancies in said board, or in said office of president, shall be filled by said board for the unexpired term. Number qualifications of directors. Quorum. Term. President. Vacancies. Sec. IV. Be it enacted, etc. , That said company shall have power and authority to construct and operate a line of railroad from the city of Atlanta, Georgia, to such point on the line between this State and the State of North Carolina, in Rabun county, as may be selected by it, said road to run through or near Cumming in Forsyth county, Cleveland and Nacoochee in White county, and Clayton in said Rabun county, and if in so doing said company does not procure from the owner or owners thereof the titles to the lands or right-of way or other property necessary or proper to enable it to locate, construct, use and enjoy and maintain its railroad between the points before mentioned, and said corporation may also cross any other railroad or railroads in this State, and run over any part of the right-of-way of any other railroad or railroads when it is necessary or proper, to reach its freight depot in any city, town or village through or near which its railroad may run, but not more of the track other than the main track of any other railroad or railroads necessary or proper or the construction or connection of said railroad or its depots, or other necessary terminal facilities or necessary or proper for its other purposes and rights, it shall be lawful for said company to proceed as provided in section 1689 (l), Code of Georgia, 1882, to acquire the same and provide for and pay compensation therefor: Provided , that no property shall be taken or damaged without just and resonable compensation being first paid: Provided also , that said railroad company shall not be allowed to condemn more than three consecutive miles of the right-of-way of any other railroad company now completed and operated. Route. Right-of-way. Cross other roads, etc. Right, how used. Proviso. Sec. V. Be it further enacted, etc. , That said company shall have the power to consolidate or unite with any other railroad company, or to lease or sell its said railroad and its rights, properties, charter, franchises, powers and immunities, said consolidation, lease or sale, however, to be only made upon a majority vote of its stockholders in favor thereof: Provided , that nothing herein contained shall authorize said railroad company to buy shares or stock in any other railroad in this State or elsewhere, or make any contract or agreement whatever with any such corporation which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses or to encourage monopoly. May consolidate with other roads, etc. Sec. VI. Be it further enacted, etc. , That said stockholders shall be liable to the full extent of their unpaid subscription to the capital stock of said company. Liability of stockholders. Sec. VII. Be it further enacted , That if work under this charter is not commenced within five years from the passage of

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this Act. then, and in that case, all the rights and powers herein granted shall be and become null and void. Limitation 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 December 24th, 1886. INCORPORATING THE CARTERSVILLE AND GAINESVILLE AIRLINE RAILROAD COMPANY. No. 99. An Act to incorporate the Cartersville and Gainesville Air line Railroad Company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, W. I. Heyward, George H. Waring, L. S. Munford and Mark A. Hardin, their successors and assigns, be, and are hereby created a body politic and corporate under the name and style of the Cartersville and Gainesville Air-line Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State; may make by-laws and appoint all necessary officers in the manner hereinafter prescribed and define their duties; may accept, purchase, hold and convey any property, both real and personal, necessary for the purposes herein prescribed; may make contracts, have and use a common seal, and do other lawful acts properly incident thereto and connected therewith and necessary for the control, promotion and transaction of said business. Corporators. Name. General powers. Sec. II. Be it further enacted , That said company is hereby empowered and authorized to survey, lay out, construct and build a railroad from the city of Cartersville, in the county of Bartow, through the counties of Bartow, Cherokee, Forsyth and Hall to the town of Gainesville, in the county of Hall, Georgia, and by and with the consent of the municipal authorities of said town, through the same to a connecting point on the Richmond and Danville Air-line Railroad. If the consent of the municipal authorities aforesaid is refused, then said company is empowered and authorized to connect with the Richmond and Danville Railroad Company at any point in the county of Hall, either above or below the town of Gainesville, as said company by its board of directors may deem best. Route.

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Sec. III. Be it further enacted , That, in order to carry out the power and authority granted in the second section of this Act, the company is hereby empowered: Surveys, etc. First . To cause such examination and surveys to be made of the proposed railroad as shall be necessary to the selection of the most advantageous route, and for such purpose to be empowered by it officers, agents, servants and employees, to enter upon the land or water of any person for that purpose. Second . To take and hold such voluntary grants of real estate and other property as may be made to it to aid in the construction, maintenance and accommodation of its road. Donations, etc. Third . To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of it road, and its stations, terminal facilities, work-shops and all other accommodations necessary to accomplish the objects of its incorporation, and to sell, lease or buy any land necessary for its use. Purchase, etc, real estate, etc. Fourth . To lay out its road not exceeding one hundred feet in width, and to construct the same, and for the purpose of cuttings and embankments, and for obtaining gravel and other material, to take as much land as may be necessary for the proper construction, operation and security of the road, or cut down any trees that may be in danger of falling on the track of the, road or obstructing the right of way, making compensation therefor, as provided in the section for property taken for the use of the company. Right-of-way. Fifth . To construct its road along or upon, or to use any stream of water, water course, street, highway or canal which the route of its road may touch or intersect, and whenever the track of said company intersects or crosses any railroad, highway or street, it may be carried over or under such railway, as may be found most expedient for the public good, and in case any embankment or cut in the construction of said road it be necessary to change the course of any street or highway, it is hereby made lawful for this company to make said necessary change: Provided , that the road hereby authorized to be built shall not be allowed to cross any other railroad at a grade level, but such crossing shall be either under or over such other railroad track, unless by consent of such railroad company, and in that event the provisions of the Code of Georgia as to the stopping of trains before making such crossing shall apply. Along streams, etc. Crossing other roads Proviso. Sixth . To cross, intersect, unite or join its track with any other railroad heretofore or hereafter to be constructed at any point on its route or upon the ground of any other railroad company with the necessary turnouts, sidings and switches and other conveniences necessary in the construction and maintenance of its road, and may run over any part of any other railroad's right-of-way necessary or proper to reach its own freight depot in any city, or town, or village through or near which its road may run. As to other railroads.

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Seventh . To take and convey persons or property over their railroad by the use of steam, electricity or any mechanical power, and to receive compensation therefor, and to do all those things that are incident to railroad business. Motive powers. Eighth . 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 their passenger and freight business. Deposits, etc. Ninth . To regulate the time and manner in which passengers and property shall be transported, and the amount of compensation tobe paid therefor, subject to any law of the State on that subject Carriers. Sec. IV. Be it further enacted , That in the event this company cannot obtain from the owner or owners thereof, by contract, lease or purchase, the title to the lands or right-of-way necessary or proper for the construction or connection of the railroad authorized to be built by this Act, or the necessary terminal facilities for its depots for passengers or freight as has heretofore been authorized to be constructed, it shall be lawful for this company to construct its railroad over any lands belonging to other persons upon paying to the owner thereof, or his or her legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined as prescribed in 1689 (1) of the Code of 1882. Disputed rights-of-way. Sec. V. Be it further enacted , That the officers of said company shall consist of a president, a vice-president and a board of directors, said board, consisting of not less than three nor more than seven, to be chosen as hereinafter prescribed. Officers. Sec. VI. Be it further enacted , That for the first four years from the passage of this Act, that the incorporators named therein shall be, and are hereby declared the directors of said company, and in order to carry out section 5 of this Act, they are hereby authorized and empowered to elect three more, who, when so elected and have accepted said position, shall be considered as among the original incorporators of this company. Provisional directors. Sec. VII. Be it further enacted , That the president and vice-president shall be elected by the board of directors, either from among their own number or an outsider, as they may deem best. President and vice-president. Sec. VIII. Be it further enacted That the vacancies in the board of directors, caused by death or resignation, shall be filled by the directors themselves choosing the party to fill said vacancy. Vacancies. Sec. IX. Be it further enacted , That the board of directors shall have full power and authority to enact any and all rules and regulations pertaining to the selection of officers, agents and employees of said road; they shall have full power and authority

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to authorize the making of any contract that they deem for the interest of the road. They are hereby empowered to borrow any amount of money they may deem necessary for the company by issuing bonds to any amount not to exceed two millions of dollars, said bonds to be secured by mortgage or mortgages to trustees on the whole or any part of the property of the company, its rights and franchises; said bonds and mortgages must be signed by the president and treasurer of said company and shall designate on their face their place of payment; the seal of the corporation shall be attached thereto. Such bonds and mortgages shall only issue and be executed whenever the board of directors, or a majority of them, shall so direct by a resolution entered upon the minutes of said board, which resolution shall fully describe the character and amount of such bonds and mortgages. The board of directors shall have full power and authority to pass all by-laws, rules and regulations for the proper management and welfare of the company as they deem best; they have full power to make all the necessary rules for collecting the unpaid subscriptions that may belong to the company. Rules, etc. Contracts. Bonds. Mortgages, etc. Sec. X. Be it further enacted , That the capital stock of said company shall be not less than one hundred thousand dollars, and may be increased to two millions if necessary, and its board of directors are hereby authorized to open books for subscriptions to the same. Each share of the stock on said road shall be fifty dollars par value., and the holder thereof shall be entitled to one vote in the election of its board of directors as hereinafter prescribed. Capital stock. Subscriptions. Vote of stockholders. Sec. XI. Be it further enacted , That at the expiration of the terms of office held by the directors created by this Act, and yearly thereafter, there shall be held by the stockholders of said company an election for directors under the same rules and regulations as govern the elections of directors on other railroads in this State. The directors so elected shall elect their president and vice-president as prescribed in section six of this Act. Annual election of: directors. Sec. XII. Be it further enacted , That said railroad company may consolidate with any other railroad company incorporated under the laws of Georgia: Provided , that such consolidation shall not have the effect of lessening competition either in freights or passenger traffic. Consolidation with other roads. Sec. XIII. Be it further enacted , 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 so construed to refer to any point within ten miles of this terminus, or to prevent said roads from running as near to each other for the first ten miles from either terminus as the interest of the company building the road herein authorized may dictate. Distance of line from other roads Sec. XIV. Be it further enacted , That all the powers, rights, privileges and immunities hereby granted shall cease and determine

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unless said company shall, within five years from the passage of this Act, commence and bona fide continue the construction o the route of railroad herein authorized. Limitation of charter. Sec. XV. Be it further enacted , The corporators shall have no power to transfer their charter before at least ten miles of said road are graded and ironed ready for rolling stock, and in the event of such transfer the charter is forfeited. Transfer 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 December 24th, 1886. INCORPORATING THE AMERICUS, PRESTON AND LUMPKIN RAILROAD COMPANY. No. 100. An Act to incorporate the Americus, Preston and Lumpkin Railroad Company; to recognize, confirm and amend the charter under which said company is now acting, and to confer additional powers and privileges upon said company. Whereas, Under the general laws of this State for the incorporation of railroad companies, as set forth in the Code of 1882, sections 1689 (a) to 1689 (gg), inclusive, S. H. Hawkins and others obtained a certificate of incorporation from the Secretary of State for the Americus, Preston and Lumpkin Railroad Company and under the said charter so granted a railroad has been constructed, equipped and is now in full and successful operation from the city of Americus, in the county of Sumter, to the town of Lumpkin, in the county of Stewart; and whereas, the directors of said railroad company, acting under said charter so granted, have resolved to extend said railroad from the city of Americus eastward through the counties of Sumter, Dooly and Wilcox to some point on or near the Ocmulgee river, and also to extend the same westward from the town of Lumpkin through the county of Stewart to some point on or near the Chattahoochee river; and, whereas, under said charter said corporation is now actually engaged in the work of making and constructing both of said extensions: Preamble. 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 S. H. Hawkins, T. Whatley, G. W. Glover, H. R. Johnson, C. A. Huntington, J. B. Hudson, T. S. Chappell, J. W.

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May, J. R. Stapleton, J. M. Scott, J. B. Latimer, W. L. Gillis and W. H. Tatum, the present directors of the Americus, Preston and Lumpkin Railroad Company, and their successors, be, and they are hereby created and recognized as a body politic and corporate under the name of the Americus, Preston and Lumpkin 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, have 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 all powers which by the laws of this State are conferred generally on incorporations. Corporators. Corporate name. General powers. Sec. II. Be it further enacted by the authority of the same , That all the powers, privileges and immunities specified in the Act of the General Assembly, approved September 27th, 1881, entitled An Act to provide a general law for the incorporation of railroads and to regulate the same, and the amendments thereto, approved September 28th, 1883, are hereby specifically granted to and conferred upon the Americus, Preston and Lumpkin Railroad Company, together with all the powers, privileges and immunities set forth and contained in the Code of Georgia, 1882, sections 1689(a) to 1689(gg), inclusive, but nothing in this Act shall be so construed as to render invalid, illegal or less binding any subscription made to or any contract made with the Americus, Preston and Lumpkin Railroad Company as incorporated under the general laws of this State. This Act is intended as a special legislative grant to said company of all the powers conferred by its previous charter under general law and such additional powers as are herein conferred. Powers obtained under general railroad law confirmed. This Act ancillary thereto. Sec. III. Be it further enacted by the authority of the same , That the Americus, Preston and Lumpkin Railroad Company is hereby specially authorized and empowered to extend the line of its railroad in any direction conforming to the lines hereinbefore indicated, and to build branch roads by a compliance with the 10th section of the Act, approved September 27th, 1881, entitled an Act to provide a general law for the incorporation of railroads and to regulate the same as contained in section 1689(j) of the Code of 1882, and in receiving subscriptions for any extension or branch road. The directors of said company are hereby authorized and empowered in their discretion to accept real estate at such price as may be agreed upon and to issue stock in said company therefor, and to this end power is hereby conferred on said corporation to hold in fee-simple all real estate that may be acquired by it, and said company is hereby authorized and empowered

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to sell any land held by it in fee-simple, whether the same was taken for subscription to stock or was acquired by gift or purchase: Provided , that nothing in this section shall be so construed as to apply to real estate acquired by condemnation for railroad purposes. Extensions of roads, etc. Proviso. Sec. IV. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24th, 1886. INCORPORATING THE GRIFFIN, LAGRANCE AND WESTERN RAILROAD COMPANY. No. 104. An Act to incorporate the Griffin, LaGrange and Western Railroad Company; to grant certain powers and privileges to the same; to provide for the building of its branches, and to authorize said road to consolidate with any other incorporated in the States of Georgia, Alabama or Tennessee, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That W. E. H. Searcy and T. D. Rockwell, of Spalding county; J. W. Sullivan of Meriwether county, and J. G. Truitt, of Troup county, their associates and assigns, be, and are hereby constituted a body politic and corporate under the name and style of the Griffin, LaGrange and Western Railroad Company, and under and by virtue of that name may sue and be sued; plead and be impleaded in any court of law or equity in this State; have a common seal and the same 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 corporations of like character are allowed to do under the laws of this State. Corporators. Name. General powers. Sec. II. Be it further enacted by the authority aforesaid , That the capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of three

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million dollars, except by consent of two thirds of the stockholders of the company, when it may be increased to an amount not exceeding five million dollars. Capital stock. Sec. III. Be it further enacted by the authority aforesaid , That the incorporators herein named shall be the board of directors of the said road, to manage its affairs for the first year and until their successors are elected, and shall have power to elect a president, vice president, treasurer, secretary and all other officers and agents that they may deem necessary, and to fill all vacancies that may occur by death, resignation or otherwise, and to do any and all other acts that the board of directors of said company are authorized to do. Provisional directors. Their power. Sec. IV. Be it further enacted by the authority aforesaid , That the business and affairs of said railroad company shall be managed by a board of four directors, who after the first year shall be elected annually by the stockholders; they shall have full power to control, except as to matters expressly ordered otherwise by the stockholders; they shall make all contracts, fix salaries, call in and demand and collect subscriptions to stock when due, and exercise generally for the company all the powers given by its charter as the legal representatives of the same. They 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 change the number and power of the board and modify and change the by-laws at any of their annual sessions, from time to time, as the interest of the company may require. The successors to the present directors shall be elected on the first Tuesday in December, 1887, on which day the annual meetings of the company shall thereafter be held. Directors. Their authority. Elections. Sec. V. Be it further enacted by the authority aforesaid , That the corporators, as directors, may open books of subscription in any county in which it is proposed to locate and construct said railroad, and take subscriptions to the capital stock of the company in lands, cash, notes or other securities, and shall be authorized to commence work, survey its route and obtain rights-of-way for its road-bed and other uses and requirements when the sum of sixty-five thousand dollars has been subscribnd and paid in cash or solvent notes and securities. Books of subscription. Surveys, etc. Sec. VI. 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 Griffin, in the county of Spalding, to the lines between the States of Georgia and Alabama, by such route as to said corporators may seem most desirable, through the counties of Spalding, Meriwether, Troup and to acquire by gift, grant, purchuse or other legal means such real and personal property as will be useful to the same for right-of way, stations, depots, machine hops, for employees' houses, terminal facilities, and all other

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purposes legitimate to the objects of said corporation in the building, constructing, operating and maintaining its railroad. Said railroad shall be constructed and run by way of and through either the town of Lutherville or the town of Greenville, in the county of Meriwether: Provided , that citizens of Meriwether county shall subscribe ten thousand dollars of the capital stock of said road upon the same terms as all other subscriptions to said road are made, and provided, the right of way shall be secured to said road through either of said towns and for one mile on each side of said towns. The line of said right-of way shall be determined by a majority of the stock subscribed by citizens of the town through which the road may run, the value of the right-of-way to be accounted as stock subscription by the owners of the land through which the road passes, said stock subscription on account of right-of-way to be in addition to the ten thousand dollars required to be subscribed as above. Route. Property rights, etc. Route. Sec. VII. Be it further enacted by the authority aforesaid , That the Griffin, LaGrange and Western Railroad Company shall be empowered to cause such examinations and surveys to be made of the proposed railroad as shall be necessary to the selection of the most advantageous route, and for such purposes to be empowered by its officers, agents, servants or employees to enter upon the land or water of any person for that purpose; to take and hold such voluntary grants of real estate and other property as may be made to it; to aid in the construction, maintenance and accommodation of its road, but the real estate received by voluntary grant shall be held and used for the purposes of such grant only; to purchase, use and hold all such real estate and other property as may be necessary for the construction and maintenance of its road, and the stations, wharves, docks, terminal facilities and all other accommodations necessary to accomplish the objects of its incorporation, and to sell, lease or buy any land necessary for its use; to lay out its road not exceeding two hundred feet in width, and to construct the same, and for the purpose of cuttings and embankments and for obtaining gravel and other material; to take as much land as may be necessary for the proper construction, operation and security of the road or to cut down any tree that may be in danger of falling on the track of the road or obstructing the right-of-way, making compensation therefor as provided in this section for property taken for the use of such company; to construct its road across, along or upon, or to use any stream of water, water-course, street, highway or canal which the routes of its road shall intersect or touch, and whenever the track of any such road shall touch, intersec, or cross any road, highway or street, it may be carried over ot under such railroad as may be found most expedient for the public good, and in case any embankment or cut in the construction

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of any railroad provided for in this section shall make it necessary to change the course of any highway or street, it shall be lawful for the company constructing said railroad so to change the course or direction of any road, highway or street: Provided , that no railroad constructed under the provisions of this Act shall be allowed to cross any other railroad at a grade-level, but such crossing shall be either under or over such other railroad track, unless by consent of such railroad company whose track is to be crossed, and when there is such consent, then, and in that event, the provisions of this section as to the stopping of trains before making such crossings shall apply; to cross, intersect or join or unite its railroad with any railroad heretofore or hereafter to be constructed at any point in its route, or upon the ground of any other railroad company, with the necessary turnouts, sidelings and switches and other conveniences necessary in the construction of such road, and may run over any part of any other railroad's right-of-way necessary or proper to reach its freight depot in any city, town or village through or near which its railroad may run; to take and convey persons and property over their railroad by the use of steam or animal or any mechanical power and to receive compensation therefor and to do all those things incident to 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 their passenger and freight business; to regulate the time and manner in which passengers and property shall be transported and the compensation to be paid therefor, subject to any law of this State upon the subject; to borrow such sum or sums of money at such rates of interest and upon such terms as such company or its board of directors, shall authorize or agree upon and may deem necessary or expedient, and may execute one or more trust deeds or mortgages, or both, if occasion may require, on any railroad or railroads in process of construction by such company for the amount or amounts borrowed or owing by such company as its board of directors shall deem expedient; and such company may make such provisions in such trust deed or mortgage for transferring their railroad track, depots, grounds, rights, privileges, franchises, immunities, machine-houses, rolling stock, furniture, tools, implements, appendages and appurtenances used in connection with such railroad or railroads in any manner, then belonging to said company, or which shall thereafter belong to it, as security for any bonds, debts or sums of money, as may be secured by such trust deeds or mortgages as they shall think proper; and in case of sale of any railroad or railroads, or any

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part thereof, constructed or in course of construction by any railroad or by virtue of any trust deed, or any foreclosure of any mortgage thereon, the party or parties acquiring titles under such sales and their associates, successors or assigns shall have and acquire thereby and shall exercise and enjoy thereafter the same rights, privileges, grants, franchises, immunities and advantages in or by said trust deed, enumerated and conveyed, which belonged to and were enjoyed by the company making such deed or mortgage or contracting such debt, so far as the same relate or appertain to that portion of said road or the line thereof mentioned or described and conveyed by said mortgage or trust deed and no further, as fully and absolutely in all respects as the corporators, office-holders, shareholders and agents of such company might or could have done therefor had not such sale or purchase taken place; such purchaser or purchasers, their associates, successors or assigns, may proceed or organize anew by filing articles of association and electing directors as provided in this section, and may distribute and dispose of stock, and may conduct their business generally as provided in this section, and such purchaser or purchasers and their associates shall thereupon be a a corporation with all the powers, privileges and franchises conferred by and be subject to the provisions of this section; and all such deeds of trust and mortgages shall be recorded as is provided by law for the record of mortgages in this State in each county in which said road runs. In the event the company organized under the provisions of this section does not procure from the owner or owners thereof, by contract, lease or purchase, the titles to the lands or right-of-way or other property necessary or proper for the construction or connection of said railroad and its branches or extensions, or its depots, wharves, docks or other necessary terminal facilities, or necessary or proper for it to reach its freight depot, or the passenger depot in any city, town or village in the State as hereinbefore provided, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons or over such rights-of-way or tracks of other railroads as aforesaid, upon paying or tendering to the owner thereof or to his, her or its legally authorized representative, just and reasonable compensation for its right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot or do not agree upon the damage done such other railroad company for the use of its right-of-way or tracks as aforesaid, or to the owner or owners of the land or other property which the corporation seeks to appropriate as a right-of-way or for its purposes, the corporation created under this

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section shall choose one of the citizens of this State as its assessor, and the person or persons, or railroad company, ownimg the land sought to be taken, or the right-of-way or tracks sought to be used, shall choose another as his, her, its or their assessor, and in case the persons owning such land, or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used should fail or refuse to make such choice or select some one to represent his, her, its or their interests, or should be an insane person, lunatic, idiot or minor, or under any disability from any cause whatsoever and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or right-of-way, or use of tracks so sought to be condemned is situated, to make such selection for such owner or owners, or railroad company so failing, or refusing or unable to make the same as aforesaid: Provided , the said corporation give notice to said Ordinary that such owner or owners or railroad company fails or refuses to act as aforesaid, or is an insane person, lunatic, idiot or minor, or under disability from any cause whatsoever, and has no legal representative, and the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered, both as to the benefits and as to the damages done the owner or owners of such right-of-way, and right to use the same and of such track sought to be used, or of such land sought to be condemned, as the case may be, they, or a majority of them, shall assess the damages and value the property so sought to be condemned and shall say in writing what sum said corporation shall pay for the right-of-way, right to use tracks or lands so sought to be condemned by it, and they shall file their said award within ten days after it is made in the office of the Clerk of the Superior Court of the county where said lands, or right-of-way, or track sought to be condemned or used is located, and the said Clerk shall record the same and it shall have all the force and effect of a judgment or decree by the Superior Court of said county, and in case either party is dissatisfied with said award, the party so dissatisfied, and in case he, she or they be under disability and have no legal representative, the Ordinary aforesaid, as the representative of such party, shall have the right, by giving written notice to the other party within ten days from the time said award is filed as aforesaid in the said Clerk's office, to enter an appeal in writing from said award to the Superior Court of the county where said award is filed and at the next term of said court, unless continued for legal causes, it shall be the duty of the judge presiding in said cause to

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cause an issue to be made up as to the damages or valuation of said land, right-of-way or right to use such track, as the case may be, and the same be tried with all the rights of hearing and trying said cause in the Superior Courts and in the Supreme Court as provided for cases in common law: Provided , that nothing herein contained shall be construed to give such railroad company the right to take and use private property for railroad purposes until adequate compensation has first been paid. That if said corporation shall enter said appeal, that it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Should no appeal be entered from said award within said time, and should said corporation fail to pay the same, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award as in other cases of judgments of the Superior Court, and said execution may be levied upon any of the property of such corporation as in cases of other executions, and if such land-owner or land-owners be an insane person, lunatic, idiot or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded or found due by said corporation for the land so taken shall be paid to the Ordinary, and he shall cause the same to be so invested for the use of such owner or owners, and to this end he shall appoint such guardians or other legal representatives to take, hold, manage and control such fund as is usual, necessary or proper, and said right-of-way and right to use such track shall vest in such corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owners thereof: Provided , the line of this road shall not run within ten miles of the line of any other railroad, but this provision shall not be construed to refer to any point within ten miles of either terminus, or to prevent said road from running as near to another for said first ten miles from either terminus as the interest of said company may dictate, but at a distance of ten miles from such terminus said road must be at least ten miles from the line of any other railroad. Surveys, etc. Property rights, etc. Stations, depots, etc. Right-of-way. Crossing streams, etc. Proviso. Crossing railroads, etc. Motive power. Depots, etc. Tolls. Borrowing money. Mortgages, etc. Disputed rights-of-way. Assessors. Award. Its effect. Appeal. Issue and trial. Proviso. Appeal by company. Failure by company to pay award. Lunatics, idiots, etc. Proximity to other roads. Sec. VIII. Be it further enacted by the authority aforesaid , That the principal office of said company shall be in the city of Griffin, in said State, but the board of directors shall have power to change the same at any time to any other point on its line of road in this State by giving sixty days' notice in some paper in Griffin of such proposed change. Principal office. 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 rate of

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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 railroads, real and personal property, franchises and all other rights of property. Bonds, etc. Sec. X. 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. Transfers of stock. Sec. XI. Be it further enacted by the authority aforesaid , That in all elections and votes by stockholders herein provided, 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. Vote of stockholders. Sec. XII. Be it further enacted by the authority aforesaid , That said railroad company, through its directors, with the written consent of a majority of its stockholders, shall have power to consolidate its road with any road incorporated under the laws of Georgia, Alabama or Tennessee, or of any other State or of the United States, and upon such terms as may be agreed upon by the companies so consolidating or their directors: Provided , nothing herein contained shall be so construed as to permit said railroad company to make or become a party to any sale, purchase, lease, contract, agreement or consideration which may have the effect, or be intended to have the effect, of lessening or defeating competition or encouraging monopoly. Consolidation with other roads. Not to defeat competition. Sec. XIII. Be it further enacted by the authority aforesaid , That said company shall have power to receive money and labor, or property at their money value, solvent notes and other securities and negotiable paper and instruments of value as subscriptions to the capital stock, the valuation of the land, securities and other property and services rendered to be agreed upon and put in writing by the parties subscribing the same, and said company shall have the power to sell and convey or otherwise use such portions of said property not necessary to the running, maintaining and operating its road for the purpose of using its proceeds in the construction and equipment of its road. Payments for stock. Sec. XIV. Be it further enacted by the authority aforesaid , That the stockholders in said company shall, in their private capacity, be bound to any creditor of the company for the amount of stock subscribed 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. XV. Be it further enacted by the authority aforesaid , That said railroad company may extend its road from the points

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named in the charter, or may build branch roads from any point along its route, by resolution of its board of directors, to be entered in the records of its proceedings, designating the route of such proposed extension or branches, and filing a certified copy of such record in the office of the Secretary of State. Thereafter said road shall have the right to mak such extensions or build such branches as if it had been specially named and authorized under this charter in this original draft. Branch roads, etc. Sec. XVI. 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 with privilege of renewal. Term of charter. Sec. XVII. Be it further enacted by the authority aforesaid , 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. Limitation of charter. Sec. XVIII. Be it further enacted , That the charter heretofore obtained by said railroad company, under and by virtue of the general laws of the State, be, and the same is hereby ratified, confirmed and adopted, and is hereby, with all of the provisions and privileges therein, made part of this charter, except in so far as any of said provisions may conflict with the terms of this Act, and except the right of said road to proceed with its work on land pending an appeal from the decision of arbitrators condemning right-of-way. Charter obtained under general railroad law confirmed. Sec. XIX. 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 December 27th, 1886.

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INCORPORATING THE ATLANTA AND ALABAMA RAILWAY COMPANY. No. 106. An Act to incorporate the Atlanta and Alabama Railway Company; to grant certain powers and privileges to the same; to authorize said company to build branch roads; to confer on it the authority to consolidate its road with any other road in either of the States of Alabama or Georgia, and for other purposes. Section I. The General Assembly of Georgia do hereby enact , That Lawrence E. O'Keefe, Augustus D. Adair, Charles B. Austin and Henry B. Tompkins, of Atlanta, Georgia; W. A. Handley, of Randolph county, Alabama; J. E. Hooper, of Tallapoosa county, Alabama, and R. C. Sandlin, of Coosa county, Alabama, their associates, successors and assigns, are constituted and declared to be a body corporate under the name of the Atlanta and Alabama Railway Company, and by that name shall have the right to sue and to be sued; to have a common seal, to be changed at the pleasure of the company; to contract and be contracted with; to purchase or receive by donation and to use and enjoy all property, personal or real, that may be deemed useful or necessary for said company, and to sell and dispose of such property that may not be required in its business; to fix and receive reasonable rates of tolls or charges for the carriage of passengers and freights, not inconsistent with the laws of the State and the rules of the Railroad Commission regulating rates, and generally to do all acts for successfully carrying into effect the purposes of its organization. Corporators. Name. General powers. Sec. II. That the capital stock of said company shall be one million dollars, with the right of the stockholders to increase the same to a sum not more than three million dollars, the stock to be divided into shares of one hundred dollars each, but no increase of stock shall be sold for less than par in money, labor or property. Capital stock. Sec. III. That said company shall have full power to locate, construct, equip and operate a railroad from some point on the line between this State and Randolph county, in the State of Alabama, and extend the same into and through such counties as it may desire to the city of Atlanta, in Fulton county, Georgia. The right-of-way of said road shall not exceed one hundred feet in width, except where it may be necessary for side-tracks and

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depots and other buildings, and this company shall have right to cross the track or tracks of other railroads in this State. The general location and direction of said railroad for ten miles from either terminus may be as near to any railroad already constructed as may be necessary: Provided , That it does not encroach upon their right-of-way, and for twenty miles thereafter it must not approach within five miles of any railroad already constructed, and thereafter it must not approach within ten miles of any railroad already constructed, except to cross a railroad, as heretofore provided. Route. Right-of-way. Crossing tracks of other roads, etc. Proximity to other roads. Sec. IV. That said incorporators, or a majority of them, shall have the right to open books of subscription for stock in said company or donations thereto and turn over said books, together with all papers pertaining to said company, to the directors thereof hereinafter mentioned so soon as such directors are chosen. Books of subscription. Sec. V. That so soon as one hundred thousand dollars of said capital stock has been subscribed in money or property, the incorporators named, or a majority of them, shall call a meeting of said subscribers, in such manner as may be deemed best, to be held in the city of Atlanta, when a board of directors shall be elected from the stockholders, which directors may in their discretion proceed with the construction of said railway. Said board shall consist of nine directors. At least seven of such nine directors shall always be citizens and residents of the States through which said railroad shall run, and at least five of such directors shall always be citizens and residents of the county of Fulton, in the State of Georgia. If at any time any one of said Fulton county directors should cease to be such bona fide resident thereof he shall thereupon cease to have any right as such director and a vacancy in said board shall thus arise. Said board of directors shall be elected for one year and until their successors are elected. They shall have the power to fill any vacancy that may occur in said board; to call in the subscriptions to the capital stock and enforce its payment by suit in the name of the company or by the forfeiture of the stock; to manage and control said railway; to elect a president (from their own number) and such other officers as they may deem necessary; to provide for the employment of any attorneys, agents or employees they may desire and fix the compensation of all such persons and officers; to adopt rules, regulations and by-laws and do all such other acts usual in such cases. First meeting. Directors. Qualifications. Vacancies. Term of office. Powers. Sec. VI. There shall be an annual meeting of the stockholders of said company to be held in the city of Atlanta at such time as may be fixed by said company. Each stockholder, at

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all meetings of stockholders, shall be entitled to one vote for each share of stock held by him; he may be represented at all stockholders' meetings by written proxy. Annual meetings of stockholders. Votes of stockholders. Sec. VII. That said company shall have power to locate, construct, equip and operate any branch road or roads from said main road in this State: Provided , that the general direction and location of said branch road or roads shall be at least ten miles from any railroad already constructed, and to erect such buildings, depots and shops and operate such machinery as may be deemed best for said company. Branches. Depots,etc. Sec. VIII. That said company shall have the right and power to consolidate with its railroad and franchises any other road or roads now or hereafter to be incorporated under the laws of Alabama and Georgia or either of said States: Provided , that the corporation when consolidated shall be a Georgia corporation and be governed by the laws of Georgia, and to make the whole line of railway a Georgia corporation, and to lease, purchse or otherwise acquire other lines of railway: Provided , that such lease, purchase or acquirement shall not have the effect, or be intended to have the effect, to defeat or lessen competition in their respective business. Consolidation with other roads. May not defeat competition. Sec. IX. That said company shall have the authority to borrow money at such rate of interest and for such time as may be agreed on, and to secure the payment of said money it may execute notes and other evidences of debt, and may make mortgages or deed of trusts upon all of its property, rights, tolls and franchises and issue bonds upon the same, and it may perform any and all acts deemed advantageous which are not inconsistent with the constitution and laws of this State or of the United States. Borrowing money,etc. Mortgages, etc. Sec. X. That the business headquarters and principal office of said company and its main shops shall be and forever remain in the county of Fulton, said State of Georgia. Principal office. Sec. XI. That only the property of said company shall be liable for the debts of said company; that if the construction of said railroad shall not be bona fide begun within the next five years, then this said charter shall be considered forfeited, and void. Liability for debts. Limitation of charter. Sec. XII. The corporators shall have no power to transfer their charter before at least ten miles of said road is graded and ironed ready for the rolling stock, and in the event such transfer the charter is forfeited. Transfer of charter. Sec. XIII. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27th, 1886.

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AMENDING CHARTER OF COLUMBUS AND FLORIDA RAILWAY COMPANY. No 113. An Act to amend an Act entitled an Act to incorporate the Columbus and Florida Railway Company, approved October 13th, 1885, and confer additional powers on said 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 an Act entitled entitled An Act to incorporate the Columbus and Florida Railway Company, approved October 13th, 1885, be, and the same is hereby amended by striking from the last line of the first section of said Act the words and Florida, and inserting in lieu thereof the word Southern, so that when amended the name and style of said corporation shall be changed, and shall be made to read in the last line of said section, the Columbus Southern Railway Company, and by the name of the Columbus Southern Railway Company, said corporation shall be hereafter known, with all the rights, powers and privileges which are in said Act conferred, and the Columbus Southern Railway Company shall be the corporate name of said company. First sec. amended. Name changed, etc. Sec. II. Be it further enacted by the authority aforesaid , That section six (6) of said Act be amended by inserting in the second line of said section, after the word not and before the word exceed, the following words: be less than three hundred thousand dollars nor, so that when amended section 6 of said Act shall read as follows: Section VI. Be it further enacted, etc., That the capital stock of said company shall not be less than three hundred thousand dollars nor exceed two million dollars, part of which may be issued as preferred stock. Section 6 amended. Capital stock. Sec. III. Be it further enacted by the authority aforesaid , That section 7 of said Act is hereby amended by striking from said section the words Columbus and Florida Railway. Section 7 amended. Sec. IV. Be it further enacted by the authority aforesaid , That said Act is hereby further amended by granting and conferring on said company the following rights, powers and privileges in addition to those conferred by said Act, which rights, powers and privileges are, by this amendment, hereby conferred and become a part of the charter of said company, to-wit: Said company shall have power to sue and be sued in their corporate name; to hold, use and enjoy all such real and personal property as may be necessary to and will advance the interest of said company; to survey, lay out, construct and equip as well as maintain and operate a railroad from and to the points prescribed in section

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2 of the Act of which this is amendatory, and to construct, maintain and operate the same, in whole or in part, by such a route as will best subserve the interest of said company for the purpose of carrying freight and passengers. They are empowered to enter the land of any person for the purpose of constructing said road and making the examinations and surveys necessary thereto. They shall have the right in the manner prescribed herein to condemn land necessary or useful for the construction of their railroad and right-of-way for the same, and for stations, wharves, docks, connections with other railroads, terminal facilities and other accommodations necessary for the objects of the incorporation; to lease, buy, sell and mortgage all lands necessary for use in addition to right-of-way; to take as much land as may be necessary for purpose of cutting and filling and obtaining gravel and material, making compensation therefor as is prescribed in said Act and this as amendatory thereof. They shall have the right to construct their 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 turnouts, sidings and switches, and other conveniences necessary in the construction of the railroad, and may run over the right-of-way of any orher railroad to its freight and passenger depots, shops, etc., in any city, town or village through which said railroad may run: Provided , that nothing herein contained shall be construed to authorize the condemnation of any public street or road without the consent of the city or county authorities having control over the same, nor to allow the condemnation of the main track of any other railroad company, nor more than five miles of the rightin-way or side-track of any other railroad company, the same to be condemned only in a continuons line for he purpose of reaching its depot as aforessid, or as may be necessary or proper to its use in passing into, through or beyond any city, town or village; to take and convey persons and all manner of property over their railroad by the use of steam, animals or any mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and mainta in convenient buildings, wharves, docks, stations, fixtures and machinery, either within or without a city, town or village for the accommodation and use of freight and passenger business. That said company shall also have power to borrow such sum or sums of money, on such terms as the board of directors of the company may agree on, and which they may deem necessary and expedient, and may issue bonds, bearing interest at a rate not exceeding seven per cent. in their discretion, and may execute trust-deeds and mortgages, one or both, as occasion may require,

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on its franchises, railroad and all other property owned by said company to secure the same. Additional powers granted. General corporate powers. Route. Right-of-way. Lease, sale, etc., of property. Crossing streams, etc. Crossing other railroads, etc. How public streets or roads may be condemned. Limitation as to condemnation of other railroads, etc. Carriers. Depots, etc. Borrow money, issue bonds, etc. The capital stock shall be divided into shares of one hundred dollars each, and the company is authorized to commence work at any time after fifty per cent. of the minimum amount of stock shall have been subscribed. The books of subscription shall be opened at any time and place as may be agreed on by the directors, unless otherwise directed by those who are stockholders at the time. Subscriptions may be taken for stock payable in money, work, material, supplies, land or specifics of any kind; they may be absolute or conditional contracts, and shall be binding according to the terms thereof. In all subscriptions payable in land, work, material, supplies or specifics, the value of the work, land, material or property shall be agreed on at the time of subscription. Said company may also receive from any person or corporation donations in land, money or other property to aid in building its railroad, depots, houses, shops and other necessary fixtures and equipping the same. Subscriptions to capital stock may be made payable in installments or otherwise. When made payable in installments, the board of directors may elect to sue for any installments after due, or they may declare all installments which have been paid on any share forfeited in case of default in any subsequent installment properly called in, provided no forfeiture shall occur until thirty days' notice shall have elapsed after the board of directors shall have elected to forfeit, of which notice shall be given to the subscriber within five days after such election; provided further, there shall be no forfeiture on any share on which an installment shall have been recovered by process of law. In all cases of forfeiture, the original share shall be cancelled and payments made on same shall be forfeited to the company. Capital stock. Books of subscription. Payments for stock. Failure to pay for stock. Sec. V. Be it further enacted by the authority aforesaid , That section 3 of the Act of which this is amendatory be, and the same is hereby stricken out of said Act, and that all the terms, privileges, powers, conditions and stipulations as are contained and written in the 7th section of an Act, approved September 29th, 1885, entitled An Act to incorporate the Georgia Midland and Gulf Railroad Company; to confer certain powers and privileges on said company, and for other purposes, be, and the same are hereby made a part of the Act of which this is amendatory in lieu of section 3rd of said Act, except that part of said section seven, between the word court in the 33rd line of said section on page 209 of the Acts of 1884-5, and the word if in the 37th line, which are as follows: 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

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are begun, which said words are stricken out and not incorporated in this Act. Section 3 stricken. Certain powers given Ga. Midland Gulf extended to. Exception. Sec. VI. Be it further enacted by the authority aforesaid , That when rights of-way and land for depot purposes, stations, docks, wharves and for other purposes are needed by said company, and no agreement shall be made with the owner thereof, then, and in that case, such rights-of-way, land and other property may be condemned and obtained by said company in the same manner and on same terms and conditions as are prescribed in section 7 of an Act, approved September 29th, 1885, which is An Act to incorporate the Georgia Midland and Gulf Railroad Company; to confer certain powers and privileges on said company, and for other purposes, and in all such cases between said company and an owner of land, the same proceedings and conditions shall be had as are prescribed in said section 7 of said recited Act, and all the rights and privileges therein given to the Georgia Midland and Gulf Railroad Company and to the owners of land respectively are given to the Columbus Southern Railway Company, under this amendment, and to all owners of land sought to be condemned by them and the respective rights of said company and any land-owner shall be settled and determined in all respects in the manner set out in said section 7 of said Act of September 29th, 1885. Disputed rights-of-way. Sec. VII. Be it further enacted by the authority aforesaid , That the principal office of said company shall be in the city of Columbus, Georgia, Principal office. Sec. VIII. Be it further enacted by the authority of the same , That the president and board of directors, who shall hold their offices for one year and until their successors are elected, shall have power to conduct and control all the affairs of the company, appoint necessary officers, agents and servants, fix salaries and prescribe by-laws and rules for the government of said company, and fill vacancies in their own board, call meetings of stockholders, subject to such modification of their powers as may be made by the stockholders in meeting assembled. Powers of president and directors. Sec. IX. Be it further enacted by the authority aforesaid , That the stock shall be transferable only on the books of the company in such a manner as may be prescribed by the by-laws of the company, but no share shall be transferred until the sum of one hundred dollars shall have been paid thereon in money, land, work, material or other valuable property to be judged by the company. Transfers of stock. Sec. X. Be it further enacted by the authority aforesaid , That the stockholders in said company shall be bound individually to any creditor of the company for the amount of stock subscribed for by him or her until such subscription has been fully paid up, or until such stockholder shall have paid out of his private property

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debts of said company to an amount equal to his unpaid subscription and not otherwise. Liability of stock-holders. Sec. XI. Be it further enacted by the authority aforesaid , That said company shall have the power and authority to establish, maintain and operate a line of steamboats to navigate the Chattahoochee, Flint and Apalachicola rivers for purpose of carrying freight and passengers for the benefit of and in connection with their said railroad. May own and operate steamboats. Sec. XII. Be it further enacted by the authority aforesaid , That the caption of the Act entitled an Act to incorporate the Columbus and Florida Railway Company, approved October 13, 1885, be, and the same is hereby amended by striking out in said caption the words and Florida, and inserting in lieu thereof the word Southern, and by adding to the caption and at the end thereof the words to confer certain powers and privileges on said company, and for other purposes, so that the caption as amended shall read, An Act to incorporate the Columbus Southern Railway Company; to confer certain powers and privileges on said company, and for other purposes. Caption of original act changed. Sec. XIII. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27, 1886. INCORPORATING THE WASHINGTON AND ELBERTON RAILWAY COMPANY. No. 115. An Act to incorporate the Washington and Elberton Railway 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 Charles E. Smith, Jno M. Callan, James A. Benson, T. B. Green, George E. Dillard, B. S. Irvin, E. Y. Hill, F. H. Colley, R. T. DuBose, M. P. Reese, H. J. Hill, E. G. Buius, T. M. Green, D. B. Cade, McAlpin Arnold, Isaac G. Swift, W. O. Smith, E. B. Tate, W. N, Mercier and F. B. Pope, and their associates, successors and assigns, be, and they are hereby incorporated under the name and style of the Washington and Elberton Railway Company, and by that name shall have continuous succession as a corporation. Corporators. Name. Sec. II. Be it further enacted , That the books of subscription to the capital stock of said corporation shall be opened under the direction of said persons named in first section of this Act, or a

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majority of them acting in person or by proxy, in such place or places and on such day or days as such persons or a majority of them may deem expedient, and subscription to said capital stock may be received by any one of the said persons, and all subscriptions to such capital stock shall be paid in cash, or that which such persons deem its equivalent, in installments as may be called for by the board of directors. Books of subscription. Sec. III. Be it further enacted , That the capital stock of said corporation shall be five hundred thousand dollars, with the privilege by a vote of a majority of its stockholders of increasing the same from time to time, for the purpose of building the said road or of purchasing or building extensions or branches thereto, or both, or of paying its debts, to any sum not exceeding one million dollars. Said capital stock shall be divided into shares of one hundred dollars each. Capital stock. Sec. IV. Be it further enacted , That said corporation shall be entitled to commence operations and exercise all the rights, powers, privileges, functions and franchises granted by this charter as soon as the sum of twenty thousand dollars has been bona fide subscribed on the books of said corporation. Beginning business. Sec. V. Be it further enacted , That in all meetings of said corporation, each share of stock shall entitle the holder to one vote, to be given in person or by proxy, and said share shall be considered as personal property, and shall be transferable on the books of said corporation in such manner as may be provided for by the by-laws of the company. Votes stockholders. Sec. VI. Be it further enacted , That the affairs of said corporation shall be managed by the persons named in the first section of this Act until permanent directors are elected as hereinafter provided; and in case of the death of or refusal to act of one or more of said persons as director or directors, the remaining persons shall have the power to elect other persons as directors for the time being to act in their stead. Provisional directors. Vacancies in. Sec. VII. Be it further enacted , That the provisional board of directors authorized to act by the preceding section of this Act shall, as soon after the passage of this Act as may be deemed expedient by them, call a meeting of the stockholders of said corporation, to be held at some place upon the proposed line of said road, which meeting when assembled shall proceed to elect permanent board of directors, a majority of the stock voting being necessary to a choice. First meeting of stockholders. Sec. VIII. Be it further enacted , That the affairs of said corporation shall be managed by a board of directors, to consist, unless enlarged as hereinafter provided, of nine 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: Provided , that at least thirty days' notice of all

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meetings of the stockholders shall be given in some paper fixed by the by-laws. The board of directors shall elect one of their number president, who shall have such power and authority and 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 by-laws, rules and regulations for the government of said corporation, and the management of its business, and to appoint a secretary, treasurer and such other officers as may be necessary for its business. They shall have authority under such restrictions as may be provided by a majority of the stockholders to manage and conduct all the business of the corporation of every kind, to make contracts, to borrow money, to give notes, or other evidences of debt, to issue bonds at any time and to execute, if deemed expedient, any deed or deeds, mortgage or 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 fill all vacancies that may occur in the board of directors or in the officers of said corporation. The stockholders shall have authority to enlarge the number of members of the board of directors from time to time so that the same may consist of not exceeding thirteen members. Directors. Quorum. Election. President. Powers of directors. Bonds, mortgages, etc. Sec. IX. Be it further enacted , That if any stockholder shall fail to pay, according to the terms of his subscription, the sum required of him by the president and directors, or a majority of them, within one month after the same shall have been advertised, it shall and may be lawful for the said president and directors, or a majority of them, to sell at public auction and convey to the purchaser the share or shares of such stockholder so failing or refusing, one month's previous notice of the time and place of sale being given by publication in two newspapers published at or near place of sale, and after retaining the sum due and all charges of the sale out of the proceeds thereof to pay the surplus over to the former owner or his legal representative, and if the said sale should not produce the sum required to be advanced, with the incidental charges attending the sale, then the said president and directors may recover the balance of the original proprietor or his assignee, or the executor or administrator, or either of them. Any purchase of stock under the sale by the president and directors shall be subject to the same rules and regulations as the original proprietor. Default in payment for stock. Sec. X. Be it further enacted , That the principal office of said corporation shall be in Washington, Georgia, but said corporation shall have power 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 interests, and all notices and legal processes may be served on said corporation as now provided

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or may hereafter be provided by law for service on corporations. Principal offices. Branch offices. Service of process. Sec. XI. Be it further enacted , That said corporation shall have power and authority to construct, purchase, own, operate and maintain a main line of railroad from Washington, in Wilkes county, Georgia, to Elberton, in Elbert county, Georgia, and said corporation shall have all the powers, facilities, franchises, privileges and rights necessary or proper to successfully accomplish, maintain and carry out the objects of its incorporation. It may purchase, condemn and acquire such rights of-way, not exceeding one hundred feet in width, and terminal facilities and real estate along said line, as may be necessary or proper, either for its immediate use, or to aid in accomplishing its construction and operation, and shall have power to issue stoek, borrow money, issue bonds, and secure the same by mortgages or deeds of trust as heretofore provided for. Route. Rights-of-way. Stocks, bonds, etc. Sec. XII. Be it further enacted , That said corporation is vested with all and singular the rights, powers and authority which are necessary or proper to enable it to locate, construct, use and enjoy and maintain its railroad between the points before mentioned, and said corporation may also cross any other railroad or railroads and may run over or cross the right-of-way of any other railroad or railroads It may run over two miles of the track other than the main track of any other railroad or railroads necessary or proper to reach its freight depot, or general, or union or common passenger depot in any town or city through or near which its said railroad may run: Provided , said corporation acquires the right to run over such right-of-way or track of any other railroad by contract, lease, purchase, condemnation or otherwise, and in the event such corporation does not acquire such right to run over the track or right-of-way of any other railroad by contract, purchase or lease, then and in that event such corporation may acquire such right by condemnation as provided in this Act for the condemnation of rights-of-way; and said corporation shall have the right to connect its track with the tracks of other railroads in such towns or cities, and to lay out such side tracks, switches and other means as are necessary to connect with such roads or to reach the depots aforesaid: Provided , that the general direction and location of said new railroad shall be at least ten miles from any railroad already constructed, but this proviso shall not be construed to refer to any point within ten miles of either terminus, or to prevent said railroads from running as near to each other for said ten miles from either terminus as the interest of such company building the new railroad may dictate. Crossing other railroads, etc. Proviso. Condemnation. Sec. XIII. Be it further enacted , That in the event said corporation does not procure from the owner or owners thereof by contract, lease or purchase the titles to the land or rights-of-way necessary or proper for the construction or connection of its said

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railroad, or its branches, or extensions as may be necessary or proper for it to reach its freight depot or passenger depot as aforesaid, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons or corporations, or over such rights-of-way or tracks of other railroads as aforesaid upon paying or tendering to the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined as follows, to-wit: When the parties do not or cannot agree upon the damage done such other railroad company for the use of its right-of-way or track as aforesaid, or to the owner or owners of the land which the corporation seeks to appropriate as a right-of-way or for its purposes and use, the corporation shall choose one of the citizens of this State as its assessor and the person or persons or corporation or railroad company owning the land sought to be taken, or the right-of-way or tracks sought to be used shall choose another as his, her, its or their assessor, and in case the person or persons, or corporation owning such land, or a majority of such persons, if more than one person own such lands, or such railroad company owning such right-of-way or track sought to be used should fail or refuse to make such choice or select some one to represent his, her, its or their interest, or should be an insane person, idiot, lunatic or minor, or under any legal disability from any one cause whatever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or right-of-way or use of track so sought to be condemned is situated to make such selection for such owner or owners, or railroad company so failing or refusing, or unable to make the same as aforesaid: Provided , that said corporation gives notice to such Ordinary that such owner or owners or railroad company refuses or fails to act as aforesaid, or is an insane person, idiot, lunatic, minor or under any disability from other cause and has no legal representative, and the two assessors thus selected shall choose a third assessor, and the three assessors so selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered shall make their award as hereinafter provided. If the two assessors selected by the parties shall fail for five days to agree upon a third assessor, then the Judge of the Superior Court of the county where the land, right-of-way or use of track is shall appoint such third assessor. Said three assessors, or a majority of them if the three fail to agree, shall assess the damage done to such owner or owners of land or right-of-way and right to use the same, or of such track sought to be used or of such land sought to be condemned, as the case may be, or of the value of the property so sought to be condemned and shall make their award in writing stating what sum such corporation shall pay for the right-of-way,

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right to use such track or land so sought to be condemned by it, and they shall file their award within ten days after it is made in the office of the Clerk of the Superior Court of the county where such lands, or right-of-way, or track sought to be used or condemned is located, and the said Clerk shall record the same on the book of minutes of said court, and it shall have all the force and effect of a judgment or decree rendered by the Superior Court of said county, and in case either party is dissatisfied with said award, the party so dissatisfied, and in case he, or she, or they be under disability and have no legal representative, the Ordinary aforesaid as such representative of such party shall have the right by giving written notice to the other party within ten days from the time said award is filed as aforesaid in said Clerk's office to enter an appeal in writing from said award to the Superior Court of the county where said award is filed as aforesaid in said Clerk's office, and at the next term of said court, unless continued for legal cause, it shall be the duty of the judge presiding in said court to cause an issue to be made up as to the damage or valuation of said land, right-of-way or right to use such track, as the case may be, and the same to be tried with all the rights for hearing and trying said cause in the Superior Court and in the Supreme Court as provided for cases at common law. Should no appeal be entered from said award within said time, and should said corporation fail to pay the sum, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award as in other cases of judgments from the Superior Courts and said execution may be levied upon any of the property of said corporation as in cases of other executions, and if such land-owner or land-owners be insane, lunatic, or an idiot, or minor, or under disability from any other cause and have no legal representative, then, and in that event, said sum so awarded or found due by said corporation for the land so taken shall be paid to the Ordinary, and he shall cause the same to be invested for the use of such owner or owners, and to this end he shall appoint such guardian or other legal representative to take hold, manage and control such fund as is usual, necessary or proper, and said right-of-way and right to use said track shall vest in said corporation for all railroad and telegraph purposes contemplated by the laws of the State in the condemnation of private property for public uses: Provided , that no property of citizen or corporation shall be taken or damaged until just and adequate compensation has been first paid. Disputed rights-of-way. Assessors. Proviso. Award. Effect of. Appeal. Issue and trial. Failure of company to pay. Idiots, lunatics, etc. Sec. XIV. Be it further enacted , That said company is hereby authorized and empowered to merge and consolidate its capital stock, estate, real and personal and mixed, franchises, rights, privileges and property with any other railroad company or companies chartered by and organized under the laws of this or any

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other State or States, whenever the two or more railroad companies so to be merged or consolidated shall and may form a continuous line of railroad with each other, or by means of any intervening road or roads, and said consolidation may be effected by its directors in such manner and on such terms and conditions, and under such name or style as a majority of the stockholders may determine, and the number of the directors of the said consolidated corporations shall consist of not less than seven nor more than thirteen persons, and the stockholders shall determine which. Said directors, or a majority of them, shall elect a president and shall appoint such officers and agents as may be deemed necessary; shall establish a common seal and do such other acts as may be necessary for the conduct of the corporation so formed, and the said directors or a majority may establish the principal office of said consolidated company at such place as they may deem best: Provided , that said consolidated company maintains in this State an office or offices and agent or agents upon whom process may be served: Provided , that said company shall not be authorized to make any consolidation with, or purchase, lease or contract of or with or to any other railroad within or without this State that will either directly or indirectly defeat or lessen competition, or that will result in making the company a foreign corporation. Consolidation with other roads, etc. Sec. XV. Be it further enacted , That it shall and may be lawful for any railroad or transportation company created by the laws of this or any other State from time to time to subscribe to or purchase, and to hold the stock and bonds, either of this company or of any other company formed under section xiv. or to guarantee or endorse such bonds or stock, or either of them, and it shall and may be lawful for any railroad or transportation company or companies, created by the laws of this or any other State, to purchase, use or lease the roads, property and franchises of this company or of the company formed under section xiv. for such time and upon such terms as may be agreed upon between this company and such company or companies as shall be parties to the contract. That it shall be lawful for this company, or the company formed under section xiv., to subscribe to or purchase and to hold the stock or bonds or both of any other railroad or transportation company chartered by this or any other State, or to guarantee the bonds or stock of any such company, or to purchase, lease or use or operate the road or line, property or franchises of any such railroad or transportation company: Provided , that the road or line of such company shall directly, or by means of one or more intersecting roads or lines, be connected with the road of this company: Provided , that none of the rights, powers or privileges granted in this section shall be used to defeat or lessen competition. Purchase of stock in other roads, etc. Proviso. May not defeat competition.

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Sec. XVI. Be it further enacted , That this charter shall become void unless the railroad herein contemplated shall be built wthin five years. Limitation of charter. Sec. XVII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27, 1886. INCORPORATING THE AUSTELL STREET RAILROAD COMPANY. No. 118. An Act to incorporate the Austell Street Railroad Company, and to define its powers and duties, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That T. G. Healey, N. A. Morse, John Thompson and J. B. Humphries, and such others as may be associated with them, and their successors and assigns, be, and they are hereby declared to be a body politic and corporate by the name and style of the Austell 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 and 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. General powers. Sec. II. That said company shall have power and authority to survey, lay out, and equip, use and employ street railroads in the town of Austell and Cobb and Douglas counties; to commence near the depot of the East Tennessee, Virginia and Georgia Railroad and Georgia Pacific Railroad, in the town of Austell, and thence, running south, through the lands of E. G. Healey, N. A. Morse, John Thompson and J. B. Humphries to a point near Bowden's Lithia Springs, on to or near the spring just discovered on the land of J. B. Humphries. Said company shall have the right to use, as motive power for their cars, horses or electricity or under-ground cables, driven by steam or steam engines or any other appliances that may hereafter be invented or used as motive power. Route. Motive power. Sec. III. That the capital stock of said company shall be ten thousand dollars, which may be increased to one hundred thousand dollars, should the business of said company require it, books of subscription for which shall be opened in the town of

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Austell. Said stock shall be divided into shares of twenty-five 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 shall be entitled to one vote in all elections and meetings held by the stockholders. Capital stock. Books of subscription, etc. Vote 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 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 the United States. Vote of stockholders. Directors. Election. Term. Vacancies. By-laws, etc. Sec. V. That said Austell Street Railway Company may carry on its line 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. Carriers of passengers or freight. Rates. Sec. VI. That if it shall become necessary for said company to occupy private land for its track, depots, platforms or other appurtenances, and it shall fail to agree with the owner on compensation, the same shall be ascertained as follows: The company shall appoint one freeholder and the land-owner one freeholder, both to be citizens of Cobb county; these two freeholders shall select one other freeholder, a citizen of Cobb county, and said freeholders, after being duly sworn to faithfully and impartially perform the duties assigned to them, shall proceed and hear evidence as to the right-of-way in dispute, and on payment of the award made by them, such right-of-way, not to exceed fifty feet in width, shall vest in said company for street railroad purposes. The award shall be filed with the Clerk of the Superior Court of Cobb county, to be entered of record in book of deeds. Should either party be dissatisfied with the award, such party may enter an appeal to the Superior Court of Cobb county under the laws governing appeals: Provided , said corporation shall not construct said street railroad within the corporate limits of the town of Austell without the consent of the corporate authorities of said town. Right-of-way, etc. Assessors. Award. Appeal. Proviso. 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 27, 1886.

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TITLE III. EXPRESS, TELEGRAPH AND TELEPHONE COMPANIES. ACTS. Re-incorporating the Southern Express Company. Incorporating the North Georgia Telegraph Company. Incorporating the Elhjay Telephone Company. Incorporating the Commercial Telegraph Company. RE-INCORPORATING THE SOUTHERN EXPRESS COMPANY. No. 34. An Act to re-incorporate the Southern Express Company. Section I. Be it enacted by the General Assembly of the State of Georgia , That H. B. Plant, G. H. Tilley, Henry Sanford, Lorenzo Blackstone, James Shuter, M. J. O'Brien, D. F. Jack, Hugh Dempsey, G. Volger, Ferdinand Phinizy, W. S. Chisholm, and their associates, now existing as a body politic and corporate by the laws of this State under the name of the Southern Express Company, be, and they and their successors are hereby continued and declared to be incorporated under the said name of the Southern Express Company for the term of 30 years, and by that name are authorized and empowered to sue and be sued; to have a corporate seal; to contract and be contracted with; to take bonds of indemnity with security from their agents and employees; to acquire by purchase, devise or otherwise, and to hold real and personal estate of any value to the amount necessary and proper for the purpose for which they are incorporated; to sell, mortgage or otherwise dispose of the same; to determine the manner, time and place of calling and conducting all meetings; to determine the number of members necessary to constitute a quorum, and the manner of voting by proxy; to appoint all necessary officers;

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to create, at their discretion, a board of directors and define their powers and tenures of office; to make rules, regulations, by-laws and ordinances for the control, direction, management and operation of their affairs and business, not inconsistent with the laws of this State or of the United States, and to have, enjoy and exercise all the rights, powers and privileges pertaining to corporate bodies, and necessary for the purposes for which this corporation is created, as well as the powers and privileges herein-before specifically enumerated, within the State of Georgia, and within any and all of the States and Territories of the United States, and within any foreign countries that shall permit or suffer the exercise of said corporate powers by said corporation within its or their limits. Corporators. Corporate name. Term. General powers. Sec. II. Be it further enacted , That this corporation is created for the purpose and object of enabling the aforesaid incorporators, their associates and successors, by the aforesaid corporate name, to engage in and carry on in the State of Georgia, and in any and all of the States and Territories of the United States, and in foreign countries where permitted, the business of carrying, and transporting, and forwarding by railroads, steamboats, ships, canals, stages, and other means of transportation, goods, wares, merchandise, money, bills, notes, bullion, packages, parcels, and movable valuables of any description for delivery, collection, exchange or otherwise, over and upon such lines and routes as they may from time to time establish, and between the geographical points, places or stations at which they may from time to time establish and continue agencies; and the said corporation is hereby invested with the powers necessary and proper for said purpose as well as the powers incident and appropriate to express carriers, and especially with full power to give such security in the nature of a general transportation bond as may be required by the laws of the United States, and the regulations passed in relation thereto for the transportation and delivery of dutiable merchandise and other property in bonds from port to port in the United States. Powers as an express company. General transportation bond. Sec. III. Be it further enacted , That the incorporation hereby created may acquire by purchase, assignment, succession, or otherwise, the property, real and personal, lines, routes, contracts, claims, demands, credits, choses-in-action, and assets of every description, owned or possessed by any other company of express carriers, which may desire to assign or convey the same, and when so acquired may enforce and collect such claims, demands, credits and choses-in-action as assignee of the same by appropriate action or proceedings instituted and maintained in its corporate name. May lease, buy, etc., other companies.

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Sec. IV. Be it further enacted , That the corporation hereby created may issue to its members certificates or shares, representing the interest owned by such member in the corporation in such form as may by it be deemed expedient, and such certificates or shares shall be transferred only in such manner as the corporation shall by regulations prescribe. Shares of stock. Their transfer. Sec. V. Be it further enacted , That suits and actions against said corporation in this State may be commenced and served as now provided by law for suits and actions against railroad companies. Suits against. Sec. VI. Be it further enacted , That all the rights, privileges, and franchises now possessed and enjoyed by said corporation be, and the same are hereby continued of force for the said term of thirty years. Old powers continued. Sec. VII. Be it further enacted , That all laws and parts of laws militating against or in conflict with the provisions of this Act be, and the same are hereby repealed. Approved December 21st, 1886. INCORPORATING THE NORTH GEORGIA TELEGRAPH COMPANY. No. 53. An Act to incorporate the North Georgia Telegraph Company; todefine its 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 Royal M. Pulsifer and Geo. R Eager, of Boston, Massachusetts, and J. B. Glover, of Georgia, together with such other persons as now are or may hereafter be associated with them, be, and the same are hereby made a body politic and corporate in law for the purpose of establishing, erecting and maintaining an electric magnetic telegraph, and transmitting intelligence by means thereof, between Marietta, in the county of Cobb, and the northern terminus of the Marietta and North Georgia Railroad along the line of the Marietta and North Georgia Railroad, the said telegraph company to be constructed on the right-of-way of said Marietta and North Georgia Railroad, by the name and style of the North Georgia Telegraph Company, and by said name to have power and authority to sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity having jurisdiction; in this State; to make and use a common seal, and the same to break, alter or renew at pleasure; to purchase and hold such real and personal estate as the lawful purpose of said

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corporation may require, and the same to sell, alien and convey, or otherwise dispose of, as may be found needful in the business of said company, and to appoint such officers and agents as may be necessary for the proper management for the affairs of the company, and to make and ordain such by-laws as are not incompatible with the laws and constitution of this State. Corporators. Purpose. Route. Name. General powers. Sec. II. Be it further enacted , That the capital stock of the company shall consist of one hundred shares of the value of one hundred dollars each, amounting in the aggregate to ten thousand dollars, with the right to increase the shares so as to aggregate fifty thousand dollars, but the company shall be at liberty to commence business so soon as a sufficient amount of money shall have been paid in to complete the construction of said line from Marietta to the north terminus of the Marietta and North Georgia Railroad and place the same in working order, and certificates shall be issued to the shareholders in said company for the amount of stock they may respectively hold therein. Capital stock. Commencing business. Certificates of stock. Sec. III. That for the better ordering and managing the affairs of said company, three directors shall be selected by and from the shareholders annually, at such time and place as the said company by its by-laws may direct, each share being entitled to one vote, and the said directors so selected shall choose from among the stockholders a president, and they shall proceed to appoint such other officers as said board may deem necessary, and to establish such compensation for their services as is right and proper and as shall appear to them to be reasonable, and said board of directors shall have power and authority to contract with any person or persons, or bodies corporate, for the purpose of connecting its line of telegraph with any other line or lines. Directors. Officers. Connection with other lines. Sec. IV. That the North Georgia Telegraph 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 abated by any private person without due process of law: Provided , such fixtures shall not interfere with the public who may use such roads. Said telegraph company shall also have the right to set up their fixtures on the right-of-way of the Marietta and North Georgia Railroad and use said right-of-way in operating their line: Provided , said telegraph company in operating their line as aforesaid shall not interfere with the operating and running of the Marietta and North Georgia Railroad. Right to set up fixtures. Proviso. Rights on Marietta North Ga. R. R. Proviso. Sec. V. That each stockholder of said company shall be personally liable for the debts of said company to the extent of the unpaid subscriptions held by such stockholders. Liability of stockholders. Sec. VI. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 22d, 1886.

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INCORPORATING THE ELLIJAY TELEPHONE COMPANY. No. 64. An Act to incorporate the Ellijay Telephone Company and to authorize it to construct its lines of telephones in this State, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That D. T. Jarrett, J. H. Jarrett, W. C. Allen, Jr., and C. B. Laches, and their associates, successors and assigns, be, and they are hereby constituted a body politic and corporate by the name of the Ellijay Telephone Company, and by that name shall have succession and shall be able and capable to sue and be sued, to plead and be impleaded in any court whatever, and may have and use a common seal and may alter and renew the same at pleasure, and said body corporate shall have all the powers and franchises and rights necessary and proper for erecting, working and maintaining its lines of telephones and its telephone exchange in this this State, to-wit, in the town of Ellijay and in the county of Gilmer, and it shall have power and authority to collect and receive such rents and tolls for the use of its property as it may fix and be agreed upon by its customers from time to time, and it shall have power to collect and receive such tolls as it may fix for sending and receiving messages over its wires by or from persons not regular renters or lessees of its property, as it may fix from time to time, and said corporation shall have all the powers and authority of a natural person to acquire, purchase, lease and hold property, real and personal or mixed, which may be necessary or advantageous for its purposes, and to convey and sell the same at pleasure. Corporators. Name. General powers. Place of business. Tolls. Acquiring property. Sec. II. Said corporation shall have authority to erect its poles and run its wires upon any of the streets in the town of Ellijay: Provided , the permission of the commissioners of said town is first obtained for the erection of such poles and wires, and upon any of the public roads of the county of Gilmer: Provided , its said poles are at least twenty five feet high, and it shall not be lawful for any person or persons to interfere with said poles or wires. Said corporation shall also have the right to run its wires over such house-tops as the owner thereof may agree for them to do so, and said wires and poles shall not be interfered with as hereinbefore stated. May run on streets of Ellijay. Proviso. May run over house tops. Sec. III. The capital stock of said company shall be one thousand dollars, with the privilege of increasing the same from time

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to time to a sum not exceedig fifty thousand dollars, and said capital stock shall be divided into shares of twenty-five dollars each, and each share of stock shall be entitled to one vote in all the meetings of the stockholders. Each shareholder may vote his stock in person or by written proxy. Capital stock. Votes of stockholders. Sec. IV. The affairs of said corporation shall be managed by a president, vice-president and two directors, who shall compose a board of directors. Said officers shall be elected annually by the direct vote of the stockholders at such time as the by-laws may fix. Said officers shall hold over until their successors are elected and qualified. They may fill vacancies in their body. They shall have power to make all such by-laws, rules and regulations for the government of the corporation, its stockholders and officers and employees and customers as they may from time to time think best: Provided , said laws are not in conflict with the constitution and laws of this State or of the United States. Officers. Terms. Vacancies, etc. Sec. V. Said corporation shall have its principal office in the town of Ellijay, and all notices and other legal process shall be served on it as now provided by law for such services on corporations, and said corporation may organize and begin business whenever the sum of five hundred dollars has been subscribed on the books of the company. Principal office. Process. Beginning business. Sec. VI. The affairs of the corporation shall be managed by the persons named in the first section of this Act until permanent officers are elected. They shall, at such times and places as they agree upon, open books of subscription to the capital stock of the company, and all subscriptions to said capital stock shall be paid in cash or in property, as they or the board of directors in office for the time being may fix and agree upon, and they shall call a meeting of the stockholders as soon after the passage of this Act as they deem expedient to elect permanent officers. Principal directors. Books of subscription. First meeting Sec. VII. That this charter shall continue and be in force, unless sooner forfeited or surrendered or repealed, for the term of fifty years. Term of charter. Sec. VIII. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 23rd, 1886. INCORPORATING THE COMMERCIAL TELEGRAPH COMPANY. No. 102. An Act to incorporate the Commercial Telegraph Company. Section I. Be it enacted by the General Assembly of Georgia , That T. F. Howell, B. I. Hughes, A. S. Hamilton, J. W. Rousnaville,

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R. T. Foucher, J. N. King and J. Branham, and such other persons as are now or may be hereafter associated with them, be, and they are hereby made and declared a body corporate in law for the purpose of constructing, erecting, maintaining and operating electrom-agnetic telegraph lines from the city of Rome on and along the right-of-way of the Rome and Decatur Railroad Company and the Rome and Carrollton Railroad Company to any point in this State, and over any other route through and within this State to include the banks of navigable streams and public roads, and of transmitting intelligence by means thereof, by the name and style of the Commercial Telegraph Company. Corporators. Purpose. Route, etc. Name. Sec. II. Be it further enacted , That the capital stock of said company shall consist of five thousand dollars, in shares of one hundred dollars each, to be issued to the said corporators, and to those who have heretofore and may hereafter contribute funds for the construction and improvement of said lines of telegraph, in such proportions as the said subscribers and contributors may hereafter agree upon; and the said corporators, their associates and successors, shall have power and authority to increase the capital stock to fifty thousand dollars, and to issue stock as aforesaid to those who may hereafter contribute funds for the construction and improvement of any line or lines that may be built by the said company. The said corporators, their associates and successors, may regulate the amount of the capital stock, fix the number of shares, and the times, places, manner and mode of subscription, the amount to be paid in, with time or times when the remaining portion shall be paid, and the mode of payment, and shall have full power to declare forfeitures (under certain rules to be before prescribed) when stockholders fail to comply with the terms of subscription, and to do all things necessary to insure the prompt payment of the several installments of stock when required: Provided , that any regulation then adopted shall be general and operate on all subscribers alike; that said stock shall be assignable and transferable according to such regulations as said corporation may adopt, and on all questions arising at business meetings each stockholder shall be entitled to one vote for each share of stock he may own. The subscriptions to stock shall be registered in a book to be provided by said corporation, which shall at all times be open to the inspection of stockholders. Capital stock. Forfeitures. Proviso. Transfers of stock. Votes of stockholders. Stock register. Sec. III. Be it further enacted , That the said corporation shall have power and authority to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended in any action, suit or proceeding in any court of law or equity having competent jurisdiction; to make and use a common

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seal and the same to alter at pleasure; to purchase and hold such real and personal estate as the lawful purposes of the said corporation may require, and the same to sell, alien and convey, or in anywise dispose of, in whole or in part, when no longer so required; to lease or sell its lines, or any part thereof, to other telegraph companies, and to lease or buy the line or lines of other telegraph companies incorporated by the laws of this or any other State; to contract with any person or persons, or bodies corporate, for the purpose of connecting its lines of telegraph, and to connect the same upon such terms as may be agreed on with the line or lines of other telegraph companies in this or in any other State; to appoint such officers and agents as may be necessary to manage the business of said corporation, and allow them suitable compensation for their services; to make by-laws not repugnant to the laws of the land, and generally to use, excercise and enjoy all the rights, privileges and franchises which are incident or appertain to corporations. General powers. Lease or sale to other companies or of other companies, etc. Officers. By-laws, etc. Sec. IV. Be it enacted further , That the general business of said corporation shall be managed by a president and board of directors, but any part thereof may be transacted by an agent or agents to be appointed by them after their election. When two thousand five hundred dollars of stock has been bona fide taken, it shall be the duty of the corporators, or a majority thereof, to call a meeting of the stockholders to convene in Rome, Georgia, which shall be the home office of said corporation, for the election of a board of directors, and the said stockholders may then determine the number of directors to be elected by them. Ten days' notice of the time and place of such meeting and all other meetings of stockholders shall be given in one of the public gazettes published in Rome, Georgia, and subsequent meetings may be called by the president, or board of directors, or by the stockholders holding as much as one-third of the stock of the corporation. The stockholders shall elect at their first meeting a board of directors and may hold annual meetings for the election of subsequent boards. The board of directors shall elect from their number a president, and may elect a secretary and treasurer, but both of said offices may be held by the same person. All of said officers shall hold their offices for one year and until their successors are elected, and shall exercise such powers as are conferred on them by this Act and by the by-laws of the corporation passed in pursuance thereof. Management. First meeting. Principal effice. Notice of meeting. Subsequent meetings. Directors, etc. President, etc. Terms of office. Sec. V. Be it further enacted , That the said corporation may begin the construction of its lines and carry on the business of telegraphing when two thousand five hundred dollars of stock has been bona fide subscribed and twenty-five per cent. thereof

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actually paid in. All the property of the corporation shall be bound for its debts, and the members of said corporation shall be liable for such debts to the extent of their unpaid subscriptions for such stock taken by them therein. Beginning business. Liability for debts. Sec. VI. Be it further enacted , The said corporation shall have power and authority to set up their fixtures along said railroads, water courses and public highways without the same being held or deemed a public nuisance or subject to be abated by any person: Provided , such fixtures be so placed as not to interfere with the common use of such roads, water or water courses, or with the convenience of any land-owner, further than is unavoidable, and the said corporation shall be responsible for any damages which any corporation or person may sustain by the erection, continuance and use of any such fixtures, and in any action brought for the recovery thereof by the owner or occupier of any lands, the damages to be awarded may, at the election of said corporation, include the damage of allowing the said fixtures permanently to continue, on the payment of which damages, the right of the corporation to continue such fixtures shall be confirmed if granted by the parties to the suit: Provided , that no person or body politic shall be entitled to sue for or recover damages as aforesaid until the said corporation, after due notice, shall have refused or neglected to remove the fixtures complained of within a reasonable time; and any person or persons who shall destroy or commit any trespass upon the fixtures of said corporation, erected in pursuance of the authority hereby given, shall be liable for all damages sustained by the corporation in repairing the injury and by reason of the interruption or suspension of its business on account thereof, and shall also be subject to indictment, and on conviction be punished as prescribed in section 4310 of the Code of Georgia. Right-of-way. Proviso. Damages. Proviso. Trespassers. Penalty. Sec. VII. Be it further enacted , That said corporation shall be bound upon the application of any of the officers of this State or of the United States, acting in the event of war, insurrection, riot, or other civil commotion, or in the punishment or prosecution of crime, to give the communications of such officers immediate dispatch, and any officer or operator of said corporation who shall refuse or willfully fail to do so shall be liable to indictment, and on conviction be punished as prescribed in section 4310 of said Code. Government. Communications. Penalty. Sec. VIII. Be it further enacted , The clerks and operators, actually engaged in the transmission of intelligence at the several telegraph stations of said company, shall be, and they are hereby exempt from the performance of jury duty. Exemption of operators from jury duty. Sec. IX. Be it further enacted , That the service of process of any court of this State on any officer of the corporation shall be legal and valid if the same shall be served at any office of the

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company in any county of this State where such office may be lound. Service of process. Sec. X. 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 27th, 1886.

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TITLE IV. MANUFACTURING AND GAS COMPANIES. ACTS. Amending charter of Eagle and Ph[UNK]nix Manufacturing Company, of Columbus, Georgia. Amending Charter of Macon Gas-light and Water Company. Amending charter of Macon Gas-light and Water Company. AMENDING CHARTER OF EAGLE AND PH[UNK]NIX MANUFACTURING COMPANY, OF COLUMBUS, GEORGIA. No. 38. An Act to amend an Act entitled an Act to incorporate the Eagle and Ph[UNK]nix Manufacturing Company, of Columbus, Georgia, approved March 10th, 1868, so as to increase the number of directors of said company, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the fourth section of said Act be amended so as to provide for the election of nine directors, so that said section, as amended, shall read as follows: Section IV. That there shall be an annual meeting of the stockholders of said corporation at such time and place as the corporation may provide by its bylaws for the purpose of electing nine directors, and that the time of holding the first meeting of the directors under the said first election shall be fixed by the said directors, or a majority of them, and the said directors chosen at said election, or at the annual election to be afterwards held, shall, as soon as may be after subsequent elections, choose out of their number a president, and in case of the death, resignation or removal of the president or any director, such vacancy or vacancies may be filled for the remainder of the year wherein they may happen by the said remaining

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directors, or a majority of them may appoint a president pro tem. , who shall exercise such powers and functions as the by-laws of said corporation may provide. Fourth section amended. Nine directors to be chosen. Section as amended. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 21st, 1886. AMENDING CHARTER OF MACON GAS-LIGHT AND WATER COMPANY. No. 49. An Act to amend the charter of the Macon Gas-light and Water Company, so as to authorize said company to issue bonds to an amount not exceeding five hundred thousand ($500,000) dollars, to be used in extending the works of said company and in retiring the outstanding bonds, and for other purposes. Section I. Be it enacted by the General Assembly , That the charter of the Macon Gas-light and Water Company be amended as follows: Said Macon Gas-light and Water Company shall have full power and authority, by and under the resolution of the board of directors of said company, to issue bonds in an amount to be determined by the board of directors, but not to exceed the sum of five hundred thousand ($500,000) dollars, to be secured by mortgage upon the property and franchises of said company, which shall be issued and used, in the discretion of the board of directors, for the purpose of extending the works and operations of the company in making additions and improvements and building new structures which they may consider necessary or advisable, and for paying off and taking up the bonds of the company now outstanding. Power to issue bonds Amount. How secured. Purpose. Sec. II. Be it further enacted , That all laws conflicting with this Act be hereby repealed. Approved December 22nd, 1886.

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AMENDING CHARTER OF MACON GAS-LIGHT AND WATER COMPANY. No 57. An Act to amend the charter of the Macon Gas-light and Water Company so as to authorize them to exercise the right of emminent domain in laying pipes for conveying their supplies of water from their sources of supply to their reservoirs, and for distributing the same to consumers; to provide a mode of assessing compensation to persons whose property may be taken or damaged, and for other purposes. Section I. Be it enacted by the General Assembly , That the charter of the Macon Gas-light and Water Company be amended as follows: Whenever said company shall be unable to procure by contract the right to lay their mains or pipes through the lands of any person in the county of Bibb outside the corporate limits of the city of Macon, for the pupose of conveying their supply of water from their sources of supply to their reservoirs, or of distributing the same to consumers thereof, or shall be unable to agree upon the amount of compensation to be paid for such right, then, and in that event, said Macon Gas-light and Water Company may proceed to acquire the right to so lay their pipes and mains by condemnation and assessment in the manner set forth in section xii. of the Act approved September 27, 1881, entitled An Act to provide a general law for the incorporation of railroads and to regulate the same, which section is incorporated in the Revised Code of Georgia as section 1689 (1), and all the proceedings for such assessment shall be had as provided in said section, and with the right of appeal as therein provided. Condensation of right-of-way. Dispute Method of determining Sec. II. Be it further enacted , That when only a sufficiency of lands shall be taken by condemnation and assessment upon which to lay the mains or pipes, then the assessment shall only cover the damage done at the time of such taking, and should any further damage be done by subsequent entry for repairs of pipes or by bursting of pipes or otherwise, then a further assessment of such damage may be had in the manner provided in the first section. Future damage. Sec. III. Be it further enacted , That all laws in conflict with this Act be hereby repealed. Approved December 23, 1886.

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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.REGISTRATION. Title VI.ROADS AND BRIDGES. Title VII.FENCES AND STOCK. Title VIII.EDUCATION.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Amending charter of Macon. Amending charter of Macon. Amending charter of Salt Springs. Amending charter of McDonough. Amending charter of Marshallville. Incorporating the town of Harrison. Amending charter of town of Jefferson. Amending charter of Atlanta. Amending charter of West End. Amending charter of Atlanta. Amending charter of Macon. Amending charter of Atlanta. Amending charter of Talbotton. Amending charter of Greenesboro. Extending corporate limits of Columbus. Amending charter of Social Circle. Amending charter of Hephzibah school building in Fort Valley.

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AMENDING CHARTER OF MACON. No. 9. An Act to amend the charter of the city of Macon, authorizing the mayor and council of said city to construct on any one of the public streets of the city of Macon a building to be known as a public market-house; to provide for the payment of such building by the issuing by said mayor and council bonds to the amount of $20,000, bearing five per cent. interest per annum, to be secured by mortgage on the market-house property; to provide for a market-house commission, and for a sinking fund for the ultimate redemption of both the principal and interest of said bonds as each may fall due, and to authorize the mayor and council to pass suitable ordinances for the proper regulation of said market; to provide penalties for a violation of same, 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 the city of Macon to cause to be erected on any one of the public streets in said city a building to be known as a public market-house of any design that may be approved of by the mayor and council: Provided , that such building shall not exceed in cost the sum of $20,000 as is hereinafter provided. Erection of market-house. Sec. II. Be it further enacted , That for the purpose of providing a fund for the payment of said market-house, it shall be the duty of the mayor and council of the city of Macon to issue bonds to the amount of $20,000 in such denominations as they may deem advisable, the principal of said bonds to become due in thirty years, and to bear five per cent. interest per annum, which is to be paid quarterly, and as a further security for the ultimate redemption of said bonds, and the interest, as the same may become due, in addition to the faith of the city being pledged for their payment, the said mayor and council are authorized and required to mortgage the entire market.house property for the purpose of securing the holders of the bonds so issued, the property so pledged to be expressed in the face of the bonds so issued. Cost. Bonds. When due, etc. Payment of Mortgage of. Sec. III. Be it further enacted , That it shall be the duty of said mayor and council, immediately after the passage of this Act, to elect five commissioners, three of whom shall be members of the city council and the other two residents and tax-payers

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of the city of Macon, who shall be known as the market-house commission; the duty of said commission shall be to design and formulate the bonds authorized to be issued under this Act, to provide the most expeditious way and manner of placing the same upon the market, but in no event shall any of said bonds be sold for less than their face value and the interest which may have accrued theron, the proceeds of the sale of said bonds to be deposited with the treasurer of the city of Macon, to be held by him as a separate fund for the purpose herein stated only, said money to be paid by said treasurer on the proper orders and vouchers of said market-house commission from time to time as the work on said market-house building may progress, and the entire proceeds of the sale of said bonds shall if necessary be used in the erection of said building. When said building shall have been completed, then, after having made a correct report of their expenditures to the mayor and council, the duties of said commission shall cease and their term of office ended. Commissions. Their duty. Sale of bonds. Market-house fund. Payments from. Report of commissioners, etc. Sec. IV. Be it further enacted , That the said mayor and council shall have full power and authority to adopt regulations for the government of said market; shall have power and authority to elect such clerk or clerks as may be necessary, and to provide for the salaries of same; shall prescribe fees for the sale of such articles as may be carried thereto; may demand and require rent for stalls, stands, other portions of said market-house building and the grounds contiguous thereto, and may pass such ordinances respecting the hours when said market-house shall be daily opened and closed, and provide penalties for the violation of same as they may deem proper, and any ordinance which may be passed by the said mayor and council relative to the government of said market, upon the conviction of any person violating the same, shall subject the offender to be punished by the recorder of said city to the extent as is now prescribed by law. Government of market. Rents. Hours. Penalties. Sec. V. Be it further enacted by the aforesaid authority , That all income arising from the rents of said market-house, such as the rent of stalls, booths, or any other part of same, all licenses connected therewith, and all fines imposed by the recorder for a violation of market ordinances, shall be paid to the clerk of said market as the mayor and council may direct, and as soon as the same are collected the said clerk shall at once pay over the same to the city treasurer, whose duty it shall be to keep an accurate account, in a separate book, all such amounts, and in no case shall such be mixed with other funds belonging to the city. 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, such as clerk hire, repairs, insurance and other necessary expenses incident thereto; all balances in the hands of

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the treasurer, after the payment of the aforesaid items, shall be appropriated to the payment of the interest of said bonds as it may fall due and for the purpose of providing a sinking fund for the ultimate redemption of said bonds; it shall be the duty of the mayor and council of said city to direct how such balances shall be held, and, in their judgment, may from time to time authorize same to be invested under advice of the finance committee of the city council, and the securities in which such funds may be invested shall be held in trust for the holders of such bonds when the same may become due, and it shall be the duty of the city treasurer to render a monthly statement to the mayor and council at their first meeting in each month of the receipts and disbursements arising from said market. Income from. Sinking fund. Statements of city treasurer. Sec. VI. Be it further enacted , That the question of the issuing of such market-house bonds shall be submitted for ratification or rejection to the qualified voters of the city of Macon at an election to be held as soon as practicable after the passage of this Act, such election to be held and determined in accordance with the general law of this State of force at the time of the holding of such election for such purposes made and provided. At such election every person shall be entitled to vote who is entitled to vote for members of the city council of Macon. All persons voting at such election in favor of issuing said bonds shall write or have printed on their ballots the words, For issuing market-house bonds, and all persons opposed to issuing such bonds shall write or have printed on their ballots the words, Against issuing market-house bonds. Should said election be determined in favor of issuing such bonds, it shall be the duty of the mayor and council of the city of Macon to proceed immediately to carry out the provisions hereof as herein prescribed. Popular vote on the issue of bonds. Election. Who may vote. Ballots. Result of election. 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 10th, 1886.

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AMENDING CHARTER OF MACON. No. 29. An Act to amend an Act entitled an Act to authorize the issue of interest-bearing bonds by the mayor and council of the city of Macon for refunding the present bonded debt and funding that part of the floating debt of the city of Macon herein specified; to provide for the sale and exchange of said bonds through a commission, etc., approved August 15th, 1879; to provide for the cancellation of certain bonds; to limit the annual amount to be paid by the mayor and council to said commissioners of the bonded debt; to regulate the investment of the sinking fund, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That the above-recited Act be, and the same is hereby so amended as to limit the amount hereafter to be paid annually by the mayor and council of the city of Macon to the commissioners of the bonded debt of said city to the sum of fifty thousand dollars ($50,000), which sum shall be paid out of the taxes authorized to be levied by said Act, and shall be in full of all amounts therein directed to be paid each year to said commissioners by the mayor and council of said city, this money to be used by the commissioners in paying the interest which may accrue annually on the said six per cent. bonds, and in creating a sinking fund for the payment of the principal of said bonds, and for no other purposes. Sec. II. Be it further enacted by the authority aforesaid , That the twelfth section of said Act, which reads as follows, That the money belonging to said sinking fund shall from time to time, as said commissioners shall deem best, be invested in the purchase of said six per cent. bonds issued under this Act, and the same shall not be otherwise invested. Each of said bonds so purchased by the commissioners shall be registered on the books of the treasurer of the city of Macon in the name of said commissioners, and shall have plainly entered on the same, to be signed by the president of said board of commissioners, the following, viz.: This bond is the property of the commissioners of the bonded debt of the city of Macon, and has been so entered on the books of the treasurer of said city, and is not transferable,' be, and the same is hereby repealed and the following provision enacted in lieu thereof: That the money belonging to the said sinking fund shall, from time to time, as it shall be received by said commissioners, be invested in the purchase of said six percent.

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bonds issued under this Act, or any other bonds which may be hereafter issued by the city of Macon: Provided , the same can be obtained at a price not to exceed the par value thereof. In case the said six per cent. bonds, or any other bonds issued by the city of Macon, or United States bonds, or State of Georgia bonds, cannot be purchased at the price aforesaid, then the said commissioners shall be authorized and directed to loan the said money belonging to said sinking fund and the interest arising therefrom from time to time on notes with collaterals attached, at not less than four and a half (4) nor more than six per cent. interest per annum, the interest on all loans to be collected quarterly; and provided , that the collaterals on all loans shall be either United States bonds, State of Georgia bonds or bonds of the city of Macon, city of Atlanta, city of Augusta, city of Savannah or city of Columbus, Georgia, and none others. When any of the six per cent. bonds of the city of Macon now outstanding can be purchased at the price aforesaid, then each of the bonds so purchased, with the coupons thereon, shall at once be cancelled by the president of said bond commission and shall be by him delivered to the treasurer of the city of Macon to be entered as paid upon the books of the city. Should the commissioners purchase at the price aforesaid (namely, at par) any bonds of the city hereafter issued, or any United States bonds, or bonds of the State of Georgia, then these bonds so purchased shall be held and used by the commissioners as a part of the sinking fund to be applied to the payment of the six per cent. bonds now outstanding, and for no other purpose. When all of the six per cent. bonds now outstanding shall have been paid and cancelled, then the duties of the bond commissioners as now organized shall cease and determine, and any money or bonds which may be left in their hands after paying all of the six per cent. bonds shall at once be turned over to the treasurer of the city of Macon. Twelfth section repealed. Investment of sinking fund. Proviso. Loan of sinking fund. Rate of interest, etc. Proviso. Cancellation of purchased outstanding city bonds. Purchase of bonds hereafter issued. Use of. When all outstanding bonds are purchased. Sec. III. Be it further enacted by the authority aforesaid , That the mayor and council of the city of Macon, in conjunction with the president of the said board of commissioners of the bonded debt, shall be authorized and required to cancel all the bonds of the city heretofore purchased by said commissioners, and, after the proper record has been made upon the books of the city by the treasurer, to destroy the same, together with the coupons thereon, so that neither the bonds nor the coupons thereon shall longer remain a debt against the city of Macon. Cancellation of bonds heretofore purchased. Sec. IV. Be it further enacted by the authority aforesaid , That nothing herein contained shall be construed to limit or affect the per cent. or rate of taxes authorized to be levied by the mayor and council of the city of Macon in the Act of which this is

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amendatory, but the said mayor and council shall be authorized to levy and collect the tax of one and one-quarter per cent. provided for in said Act and to apply all of the proceeds thereof, over and above the annual amount of fifty thousand ($50,000) dollars herein required to be paid to said commissioners of the bonded debt, to the general or ordinary expense account of the city government as is already provided for in the Act to which this is amendatory, except such balance as may each year be left over from the proceeds of the three-fourths of one per cent. taxes after paying the fifty thousand dollars to the bond commissioners, which balance shall be applied by the mayor and council exclusively to keeping the streets and public property of the city in good condition, and to no other purpose. Rate of taxation not affected. Use of taxes. Sec. V. Be it further enacted by the authority aforesaid , That the mayor and council of the city of Macon shall be authorized and directed to pay to the president of the board of said bond commissioners, in whose charge and keeping all the bonds, money, books and other property belonging to the said bond commission shall at all times remain, the sum of five hundred dollars per annum as full compensation for all the extra services which may hereafter be required of the said president of the bond commission in negotiating loans, and in otherwise conducting and supervising the business of his office, and that this sum shall be paid to him and his successor in office quarterly as follows: $125 on the first day of January, April, July and October of each year hereafter, this salary to commence on the first day of January, 1887. Compensation for extra services of commissioners. Payment of. 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 20th, 1886.

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AMENDING CHARTER OF SALT SPRINGS. No. 33. An Act to amend an Act entitled an Act to incorporate the town of Salt Springs, in the county of Douglas, and to provide for a mayor and council for said town, and confer certain powers and privileges upon the mayor and council thereof, and for other purposes, so as to extend the corporate limits of said town, and to give certain other powers to the mayor and council of said town. Said Act to be amended was approved on December the 12th, 1882. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, that an Act of the General Assembly of said State, approved on the 12th day of December, 1882, and which is an Act to incorporate the town of Salt Springs, in the county of Douglas, and to provide for a mayor and council for said town, and to confer certain powers and privileges upon the mayor and council thereof, be, and the same is hereby amended by striking out and repealing the second section of said Act, and inserting in lieu thereof another section to be known as second section to said Act, and to read as follows, to-wit: That the corporate limits of said town of Salt Springs shall be as follows: Beginning at a point in the center of the main line of the Georgia Pacific Railway, three-fourths of a mile west of the depot on said railway, in the town of Salt Springs; thence extending east along said railway one-half mile on each side of the road-bed of said railway to said depot; thence along the Salt Springs and Bowden Lithia Railroad, the same width one-half mile on each side of the road-bed to said Bowden Lithia Spring at the end of said railroad track; thence due east the same width one-fourth of a mile, making the east line of the corporate limits of said town one-fourth of a mile east of said Bowden Lithia Springs; Provided always, that no part of the county of Cobb shall be embraced or included within the corporate limits of said town, but that the said town shall be confined wholly to and be within the limits of the county of Douglas. Act of Dec. 12, 1882, amended. Second section repealed. Corporate limits extended. Proviso. Sec. II. Be it further enacted by the authority aforesaid , That no person or persons, natural or artificial, shall ever at any time construct, build, establish or operate a railroad of any description whatever through any of the lands embraced inside of the limits

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mentioned in this Act without first obtaining permission from the mayor and council of said town, to be granted at a regular meeting of said mayor and council, and entered on the minutes of said council: Provided , however, that this Act shall not in any way interfere or apply to either of the railroads now in operation through said lands. Construction of railroads therein. 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 December 21st, 1886. AMENDING CHARTER OF McDONOUGH. No. 35. An Act to amend an Act entitled 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 18th, 1883, by inserting the words and collect after the word levy in second line of the twelfth section of said Act, and striking from said twelfth section the words except land used for agricultural purposes, which shall not be subject to any town tax whatever, in the fifth and sixth lines of said section and by following the word levy whenever it may occur in the fifteenth section of said. Act with the words and collect, and for other purposes. 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 inserting the words and collect after the word levy in the second line of the twelfth section thereof, and striking from said twelfth section the words except land used for agricultural purposes, which shall not be subject to any town tax whatever, in the fifth and sixth lines of said section, so that said section, when so amended, shall read as follows, to-wit: That the mayor and aldermen shall have power to levy and collect an ad valorem tax not to exceed one per cent. upon all the taxable property within the corporate limits of the town made taxable by the laws of this State. The valuation of property subject to taxation shall be assessed by three assessors, who shall be elected by the mayor and aldermen at the same time that other officers of the corporation are elected, and shall receive a

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regular salary to be fixed at the same time and under the same restrictions as the salaries of other officers of the town, and the said assessors shall have the power to adopt as their appraisement the valuation placed on property by parties in making returns to the receiver of tax returns of the county, or require the tax-payer to make returns to them under oath of all his taxable property. Should a difference arise between the assessors and tax-payer concerning the value of property given in the assessors shall have the power to assess the same at their valuation, but any tax-payer who may be dissatisfied with the assessment of his or her property shall have the right of appeal to the council under such rules and regulations as they may prescribe. Twelfth section amended. And collect after levy in second line. Land used for agricultural purposes not exempted. Section as amended. Sec. II. Be it further enacted by the authority aforesaid , That section fifteen of said recited Act be also amended by inserting after the word levy, in the third and twelfth lines of said section fifteen of said Act, the words and collect, so that said section when so amended shall read as follows to the extent of said first ten lines of said section (the remainder of said section to remain as it is), to-wit: That the said mayor and councilmen shall have authority in addition to the ad valorem tax herein provided for to levy and collect a tax on all billiard tables, ten-pin or nine-pin alleys and tables, and alleys of any other kind used for the purpose of playing on with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or by turning a dial or wheel, by using any other artifice or contrivance. They shall also have authority to levy and collect a tax not exceeding one hundred dollars upon all, etc. Section fifteen amended. And collect after levy in 3rd 12th lines. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved December 21st, 1886.

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AMENDING CHARTER OF MARSHALLVILLE. No. 37. An Act to amend an Act entitled An Act to incorporate the town of Marshallville and to confer certain powers on the commissioners thereof, and for other purposes therein named, approved November the 16th, 1866, by adopting the provisions of section 779 to 797, inclusive, of the Code of Georgia, 1882, as a part of the charter of said town. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above-recited Act be, and the same is hereby amended by adopting the provision of law as contained in section 779 to 797, inclusive, of the Code of Georgia of 1882 as a part of the charter of the town of Marshallville, in the county of Macon, said State. Provisions of Code, sections 779 to 797 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 December 21st, 1886. INCORPORATING THE TOWN OF HARRISON. No. 41. An Act to incorporate the town of Harrison, in the county of Washington; 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 the town of Harrison, in the county of Washington, be. and the same is hereby incorporated as a town under the name of the town of Harrison. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Harrison they may sue and be sued, plead and be impleaded and exercise all other corporate powers that may be necessary in performing their duties. Corporate name. Mayor and council. General powers. Sec. II. Be it further enacted by authority of the same , That the corporate limits of said town shall extend one mile in every direction from the depot of the Wrightsville and Tennille Railroad in said town. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid , That Green B. Harrison be, and he is hereby appointed mayor, and G. W. Smith, J. F. Rogers, G. A. Smith, C. I. Davis and J. A.

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Jeffers be, and they are hereby appointed councilmen of said town of Harrison to hold their offices until the first annual election as hereinafter provided. First officers. Sec. IV. Be it further enacted by the authority aforesaid , That on the fourth Monday in August, 1887, and every two years thereafter, on the same day an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their offices for two years and until their successors are elected and qualified; but none shall vote for or be eligible to the office of mayor or councilman of said town who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State; said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal or other cause, the mayor, or in case his seat is vacant, a majority of the aldermen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Municipal election. Qualifications of voters. Regulations of election. Vacancies. Sec. V. Be it further enacted , That before entering on the discharge of their duties, the mayor and council shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or councilman, as the case may be) of the town of Harrison, Washington county, according to the best of my ability and understanding. So help me God. Oath of officers. Sec. VI. Be it further enacted , That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and the protection of property from loss by fire or damage therein: Provided , that they be not repugnant to the constitution and laws of this State and the United States. Ordinances, etc. Sec. VII. Be it further enacted , That said mayor and councilmen shall have power to levy and collect a tax not exceeding onehalf of one per cent. upon all property, both real and personal, within the corporate limits of said town, and the same may be enforced by execution, issued by the clerk in the name of the mayor, and levy and sale of property as in case of sales of property liable for State and county taxes, all levies of tax executions to be by marshal or his deputy, and to be conducted as sales by the Sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State

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to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in line of work on the streets. Taxes. Their enforcement. Street work. Sec. VIII. Be it further enacted , That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number) shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard house of said town, or by work on the streets of said town not exceeding thirty days. Mayor. His duty and powers. Sec. IX. Be it further enacted , That said mayor and councilmen at the first meeting after their (election or at the next meeting after the first if they deem proper and best) shall elect a clerk, who may be one of their own number, or any citizen of said town, and at the same time shall also elect a treasurer of their own number, and also a marshal, and deputy if necessary, who shall be a citizen of said town. From all of these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties; they shall also take and subscribe an oath before said mayor that they and each of them will well and faithfully discharge their several duties as clerk, treasurer or marshal, as the case may be, to the best of their skill and knowledge. Clerk. Treasurer and marshal. Their bonds. Oath. Sec. X. Be it further enacted , That the clerk and marshal shall receive such annual salaries as the council may deem just and proper. The mayor and councilmen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official terms. Salaries. Sec. XI. Be it further enacted , That said mayor and council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortunes, and other like enterprises, as they may deem most to the interest of said town. Tax on shows, etc. Sec. XII. Be it further enacted , That said mayor and council shall have the power to regulate and control the sale of vinous, malt, intoxicating liquors, or bitters, or any beverage that will produce intoxication, in said town, to grant a license to each firm or dealer in said town; to fix a fee for said license, and to impose

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penalties upon any person selling such intoxicating liquors, or beverages, or bitters in said town without such license. Sale of liquors. Sec. XIII. Be it further enacted , That the mayor and council shall have the power to regulate and control the sale of fresh meats within the limits of said town, and to impose a tax upon any dealer in fresh meats or fish. Sale of meats. Sec. XIV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 21st, 1886. AMENDING CHARTER OF JEFFERSON. No 55. An Act to authorize the mayor and council of the town of Jefferson, Jackson county, Georgia; to lay out and expend for any other legitimate purpose for said town the sum of two hundred and fifty dollars, the same being heretofore raised by the authorities of said town for the purpose of macadamizing the public square in said town. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the mayor and council of the town of Jefferson, Jackson county, Georgia, shall be authorized to lay out and expend the sum of two hundred and fifty dollars, which was heretofore raised by the authority of said town for the purpose of macadamizing the public square of said town. May expend certain sum in macadamizing public square. Sec. II. Be it further enacted by the authority aforesaid , That the mayor and council of the town of Jefferson, Jackson county, Georgia, shall have power and authority to expend the said sum of two hundred and fifty dollars, as stated in the first section of this Act, for any other legitimate purpose for the benefit of said town of Jefferson other than the macadamizing of the public square of said town, and it shall be the right and privilege of the mayor and council of said town as aforesaid to dispose of, use, control and expend said sum of two hundred and fifty dollars as in their judgment will be most beneficial to the interest and prosperity of said town. Or in other ways. 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 22nd, 1886.

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AMENDING CHARTER OF ATLANTA. No. 67. An Act to amend the charter of the city of Atlanta and the various Acts amendatory thereof so as to authorize the issue of new coupon bonds in lieu of, and to retire certain maturing bonds as they fall due from time to time, to run for such period and at such rate of interest as the city government may deem expedient, not exceeding four and one-half (4) per centum per annum. Section I. The General Assembly of the State of Georgia enact , That the mayor and general council, with the concurrence of the aldermanic board of the city of Atlanta, be, and they are hereby authorized to cause the issue of new coupon bonds of said city to meet and retire the securities of said city known as the six per cent. funding bonds, as the several installments of the same shall hereafter from time to time mature and fall due, beginning with the next installment amounting to $25,000 which falls due on the 1st day of January, 1887, said new coupon bonds to be in such form, to run for such length of time and to bear such rate of interest not exceeding four and one-half (4) per centum per annum as the said city government may direct, and the proceeds to be applied only for the purpose of paying off and retiring said series of six per cent. funding bonds above described. Issue of new coupon bonds. Use of. Form of bonds, etc. Rate of interest. Sec. II. Be it further enacted, etc. , That all laws or parts of laws in conflict herewith are appealed. Approved December 24, 1886.

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AMENDING CHARTER OF WEST END. No. 77. An Act to amend an Act to incorporate the town of West End, in the county of Fulton, approved October 10th, 1868, so as to authorize the corporate authorities to borrow money to pay its debts, and for other legitimate purposes, and to give notes or issue bonds therefor, not exceeding at any time six thousand dollars in amount; to enlarge the term of office of mayor and councilmen, change the hours of election, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act to incorporate the town of West End, in the county of Fulton, approved October 10th, 1868, be amended by adding thereto the following provisions, to-wit: The mayor and council of West End shall have general authority to borrow money to pay the present indebtedness of the town and to meet other legitimate needs, wants and expenditures of the town, from time to time, hereafter, and to issue for the money so borrowed such notes, bonds or obligations of the town, bearing such rate of interest, not exceeding seven per cent., and payable in such time and manner as they may determine: Provided , the indebtedness of the town shall never exceed at any time six thousand dollars. Power to borrow money. Issue of bonds, etc. Sec. II. Be it further enacted by the authority aforesaid , The hour for opening the polls at all municipal elections for West End is hereby changed from nine o'clock a. m. to seven o'clock a. m., and the said mayor and council are hereby authorized to alter and fix the time and place for holding such elections, and it is hereby declared that at the first election held after the passage of this Act the mayor and two members of council shall be elected for two years and three members of council shall be elected for one year, and that thereafter the term of office of mayor and councilmen of West End shall be two years, or until their successors are elected and qualified, instead of one year, as now provided. Hours for elections. Time and place for. Terms of officers. Sec. III. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 24th, 1886.

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AMENDING CHARTER OF ATLANTA. No. 79. An Act to amend the charter of the city of Atlanta, and the several Acts amendatory thereof, so as to authorize the city government to institute examinations into any of the offices or business, or any department thereof, or office under the city, with power to administer oaths, to send for persons and papers and compel attendance and disclosure; and so as to authorize the transfer and assignment of fi. fas. issued for street, sewer or other assessments in the same manner and to the same effect as in cases of sales of tax fi. fas. , and to authorize the redemption by the owners of property sold for such assessments, as in cases of tax fi. fas. ; and so as to place all cemeteries contiguous to the city and used by the citizens for interment under the reasonable regulations and control of the city government; to declare it optional with the city, where property is proposed to be taken for public use, to decline accepting the property at the price fixed or award made, if deemed by the city to be too high or otherwise unreasonable; and so as to authorize assessments upon railroad corporations, both such as employ steam or horse, or any other kind of motive power for street and sewer improvement contiguous to their freight or passenger depots or stations, such as may be reasonable without their having petitioned for the same; and so as to provide for succession in the powers and duties of the chief executive of said city in case of absence or inability of both the mayor and mayor pro tem. , or in case both those offices should be for any cause vacant; and so as to authorize and provide for the adoption and enforcement of additional and suitable regulations in said city on the subject of drainage, sewerage, plumbing and all things needful for improved sanitation, and to provide agencies and means for enforcement of the same, and with power to make alterations and improvements as from time to time may be needed, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia , That the city government of the city of Atlanta shall be authorized and empowered, through a committee of the general council or of any of the boards operating under the city government or committee of the same, to institute, in the discretion of the general council, whenever necessary, any examination or examinations into the workings and business of any of the

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offices, or conduct of its officers, in any department of the city's business, or of the general council itself, or of any office under the city, and that the board or committee conducting such examinations shall have power to send for persons and papers and to compel attendance of persons summoned, to swear witnesses, compel the production of papers and books and all disclosures pertinent to such investigation. Examinations of public offices. Power of examiners. Sec. II. Be it further enacted , That the marshal or collecting officer of said city, as the case may be, shall be authorized to transfer and assign any fi. fa. or fi. fas. issued for street, sewer or other assessments in the same manner, upon the same terms and to the same effect and vesting the purchaser or transferee with the same rights as in cases of sales or transfer of tax fi. fas. as now allowed by law, and that all sales of property hereafter made under execution issued in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time on compliance with the same terms and payment of same premiums, interest and cost as in cases of redemption of property where sold under tax fk. fa. or fi. fas. as now is or from time to time may be provided by law. Transfer of assessment fi. fas. Redemption of property sold under Sec. III. Be it further enacted , That the mayor and general council of said city shall have power to exercise reasonable supervision and police control over all cemeteries contiguous to the city and used by the citizens for interment, whether located within the city limits or not, so as to allow no burial within the same without a permit from said city authorities. Supervision of cemeteries. Sec. IV. Be it further enacted , That whenever it is proposed that any property be taken for public use, under authority of the said city, in any department thereof, whether for streets, sewers, waterworks or any public purpose, and the same shall be assessed, or a price fixed, or award made as provided by law, it shall be optional with the city government to decline accepting the property should the price thus fixed or award made be deemed by the general council to be too high or unreasonable. May decline property sought to be condemned. Sec. V. Be it further enacted , That whenever the public interest may so require, the mayor and general council of said city may by ordinance assess any railroad or street company as named in the caption to improve the street or sidewalk, or both, or any sewer or drain contiguous to the freight or passenger depot, and to do part or all of said work, as right and justice may dictate, whether such work be petitioned for or not, and the mode of procedure and remedies to enforce the same shall be those provided for street and sewer improvement in other cases as now are or may be provided by law and the ordinances of said city. Street assessment on railroads, etc. Procedure.

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Sec. VI. Be it further enacted , That whenever it shall so happen that both the mayor and mayor pro tem . shall be absent, or under disability, or in case both of said offices should be for any cause vacant, then, and in that case, the clerk shall call a special meeting of the general council for the purpose of considering the same, and if, upon assembling, that body shall by resolution declare that said absence, disability or vacancy exists, then they shall immediately proceed to elect another mayor pro tem. , who shall succeed to and exercise all the powers and duties of a chief executive of said city until the mayor, or previously chosen mayor pro tem. , shall be in condition to resume and does resume the duties, or until the existing vacancy or vacancies, as the case may be, shall be filled in the manner pointed out by law. Provisional mayor pro tem. His powers and duties. Sec. VII. Be it further enacted , That the mayor and general council of said city shall be authorized to provide by order, resolution or ordinance of that body from time to time for the adoption and enforcement of additional and suitable regulations in said city, such as may be needful and proper on the subject of drainage, sewerage, plumbing and all that is or may be needful for improved sanitation, and to provide agencies and means for carrying out and enforcement of the same through its officers or any of its boards, and to make all necessary inspections; to withhold authority and license for plumbing to any but competent persons, and to do all else that is or may be needful; to require compliance by individuals with the rules thus adopted, and shall have power to make alterations and amendments therein as from time to time may be needed. Sanitation. Inspections, etc. Plumbing, licenses, etc. Sec. VIII. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved December 24th, 1886.

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AMENDING CHARTER OF MACON. No. 82. An Act to provide for the submission to the qualified voters of the city of Macon the question of making a contract between the mayor and council at the city of Macon and the Gas-light and Water Company for supplying the city of Macon with water for a term of twenty years, or a shorter period, with the power of renewal for twenty years, or a shorter period, and whether or not the debt of the city shall be increased for making and carrying out such contract, and for other purposes. Section I. Be it enacted by the General Assembly , That there shall be submitted to the qualified voters of the city of Macon, within ninety days after the passage of this Act, the question of making a contract between the mayor and council of the city of Macon and the Macon Gas-light and Water Company for supplying the city of Macon with water for fire and other purposes for the term of twenty years, or for such shorter period as may be agreed upon between the city of Macon and said Macon Gas-light and Water Company: Provided , that the mayor and council shall at any time desire to make such a contract and with the privilege of renewing such contract for a further term of twenty years, or a shorter period, as may be agreed upon by the parties, and at the same time and in the same manner to submit the question of increasing the debt of the city by the execution of the contract aforesaid: Provided , however, that the amounts agreed upon to be paid by the city of Macon under such contract shall in no event become due and payable until the present existing debt of the city shall have been reduced by cancellation of the present obligations of the city, or by the accumulation of the sinking fund now or hereafter provided by law for the eventual payment of such obligations below the limit fixed by the constitution of the State for the amount of the debt which the city is authorized to incur, and that the amount so agreed to be paid by the mayor and council of the city of Macon shall be paid out of the revenues of the city in excess of the amount now provided by law to be paid to the bond commission for the payment of the bonded debt of the city. Election as to water supply. Proviso. Increase of debt therefor Proviso. Amount to be paid. How paid. Sec. II. Be it further enacted , That the mayor and council shall have full power and authority to prescribe the manner of holding the election; to fix the time of holding the same within the limits hereinbefore prescribed; to appoint managers and make

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other necessary arrangements therefor: Provided , that no one shall be entitled to vote at said election unless his name appear on the books of city registration taken next preceding the election required by this Act. Regulations for election. Qualification of voters. Sec. III. Be it further enacted , That should two-thirds of the votes which may be cast at the election herein provided for be in favor of such contract as may be made, and the increase of debt necessary therefor, then, and in that event, such contract shall be valid and binding upon the terms and conditions set forth in the first section of this Act. Result of election. Sec. IV. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved December 24th, 1886. AMENDING CHARTER OF ATLANTA. No. 88. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to authorize assessments for the improvements of streets, not exceeding four squares, to connect to other streets already improved, upon the petition of abutting owners having less than one third frontage, where the city government deems it reasonable so to do. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Act approved September 3d, 1881, amending the charter of the city of Atlanta, be, and the same is hereby amended so as to authorize the mayor and general council of said city, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage the streets and alleys, not exceeding four squares thereof, which connect to other streets already improved, upon the petition of abutting owners having less than one-third frontage, the same to be done in the manner prescribed by said Act, or amendments to the same, the cost thereof to be ascertained paid for, and payment enforced in like manner as is or may be provided by law and ordinances of said city in other cases. Act of Sep. 3, 1881, amended. Improvement of certain streets. Conditions Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 24th, 1886.

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AMENDING CHARTER OF TALBOTTON. No. 95. An Act to amend the charter of the town of Talbotton so as to require all parties applying for license to sell intoxicating liquors in said town to first obtain the written consent of two-thirds of the freeholders living in said town for the granting of said license. Section I. Be it enacted by the General Assembly of the State of Georgia , That section vii. of the Act incorporating the town of Talbotton, approved December 20, 1860, be so amended as to require that before the mayor and council of said town will be authorized to issue license for the sale of spirituous or malt liquors that the applicant for license shall present to said mayor and council a written petition, signed by two-thirds of the bona fide freeholders, male and female, residing in said town, asking for the issuing of said license. Section 7 of charter amended. Liquor licenses. 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 24th, 1886. AMENDING CHARTER OF GREENESBORO. No. 90. An Act to authorize the mayor and aldermen of the city of Greenesboro to issue bonds, and to provide for the payment of the principal and interest accruing on the same by local taxation, for the purpose of constructing and furnishing a school-house for the whites, and also one for the colored people, and to purchase suitable real estate for such house or houses, and for other purposes. Whereas, A large majority of the tax-payers of the city of Greenesboro, in this State, both in numbers and in the amount of municipal taxes to which they are or may be subject, have petitioned for the construction and furnishing of school-houses in said city, one for the white and one for the colored people, by local taxation: therefore Preamble. Section I. The General Assembly of the State of Georgia do enact , That there shall be an election held at the court-house in the city of Greenesboro, on the first Saturday of February, 1887,

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which election shall be held and conducted and returns thereof made in the same manner as elections are held and conducted for mayor and aldermen of said city, and the qualifications for voters at said election shall be the same as required by law at elections for mayor and aldermen. All persons voting at said election shall have written or printed on their ballots the words, For issuing bonds, or the words, Against issuing bonds, and if it should appear to the mayor and aldermen that two-thirds of the qualified voters residing in said city have voted For issuing bonds, then in that event said mayor and aldermen are hereby authorized to issue bonds, provide for the payment of the same upon the conditions and for the purposes hereinafter prescribed. Election as to public schools. Regulations of. Ballots. Result of. Issue of bonds. Sec. II. Be it further enacted , That in the event the necessary majority of votes shall be cast at said election for issuing bonds, that the present trustees of the Greenesboro Male and Female Academy, or their successors, representing the school for the whites, and the trustees for the male and female school for the colored people in said city, to be selected by the patrons of said colored school, if no such board exists, shall, before any bonds are issued, or any further steps taken under the provisions of this Act, first agree upon the proportion of the amounts raised under the provisions of this Act that shall be appropriated for the use and benefit of the respective schools they represent. When such agreement is had, then said trustees, each board acting solely for its own school, either by themselves or through such building committees as they may appoint, shall make such contract or contracts in reference to purchasing suitable real estate and building and furnishing suitable school-houses as they may deem to the best interest of the public: Provided , that such contracts by each board shall be within the limit of the sum in the city treasury ready to be appropriated to its school; and provided further , that the buildings so constructed or repaired, or the property so purchased, shall not be in any way encumbered by liens for any part of the purchase money. Division of fund to be raised. Purchase of property for, etc. Proviso. Sec. III. Be it further enacted , That for the purpose of enabling said boards of trustees to buy suitable real estate, and to purchase, build or repair suitable school-houses, and to supply the same with furniture, apparatus, etc., the mayor and aldermen of the city of Greenesboro are hereby authorized to issue bonds of said city, not exceeding in amount the sum of seven thousand dollars, to run for not exceeding twenty-five years, bearing interest at the rate of six per cent. per annum, payable semi-annually at such time as said mayor and aldermen may determine. Said bonds shall be issued in the sum of one hundred dollars, and shall be signed by the mayor and countersigned

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by the treasurer; shall bear the corporate seal of the city; shall have interest warrants attached to them for each installment of interest, which warrant or coupon shall be signed by the treasurer, and the principal and said interest warrants shall be payable at maturity on presentation to the city treasurer. Said bonds shall recite on their face that they are school bonds, issued under the provisions of this Act, and that the faith of the city is pledged for their redemption. Said bonds, when so issued, shall not be sold for less than par, and only so much of the same shall be sold or negotiated as the said boards of trustees may require for the purposes specified in this section and said mayor and aldermen may deem necessary. Amount of bonds. Interest. Denomination, etc. Sale of. Sec. IV. Be it further enacted , That for the purpose of providing for the payment of the interest on the bonds so issued and negotiated, as well as to provide for the payment of the principal when the same shall become due, said mayor and aldermen shall set apart annually from the funds raised by taxation, as hereinafter mentioned, a sufficient amount to meet the interest falling due upon the school bonds then outstanding, and shall, five years after the issuing of said bonds, also set apart, in addition to the sum so set apart to meet the interest annually, an amount equal to one-twentieth of the principal of the bonds so issued to provide for the payment of said principal; the sum so set apart for the payment of the principal shall be invested by the city treasurer in said school bonds, and the bonds so purchased shall be canceled. If said school bonds cannot be purchased at par, said sum shall then be invested in bonds of the State of Georgia, or such other State or city bonds as the mayor and aldermen may direct, and said securities, together with the addition and income thereof, shall be held by said treasurer as a fund for the payment of said school bonds at their maturity. Said mayor and aldermen may change said investment at any time, and they are hereby required to do so upon maturity of said bonds, or whenever they can be purchased at par. Payment of. Sinking fund. Investment of. Sec. V. Be it further enacted , That the mayor and aldermen of said city of Greenesboro be, and they are hereby authorized and required to levy, impose and collect such tax upon the taxable property in said city as will be necessary to carry out the provisions of this Act, and to adopt such method in reference to a fair and equitable assessment of said property for taxes as they may deem wise and just. Taxation for. Sec. VI. Be it further enacted , That each one of said boards of trustees shall have power and authority to fill all vacancies which may occur in its body by death, resignation, removal from said city or otherwise, and in case, for any cause, the number on either of said boards should be reduced below a quorum of the

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original membership, then it shall be the duty of said mayor and aldermen to order an election at such time as they see proper for new board or boards of trustees, the qualifications for voters at such election to be the same as required by law at elections for mayor and aldermen. Vacancies in boards of trustees. Elections for new boards. Sec. VII. Be it further enacted , That the title to all property purchased or acquired under this Act shall vest in said trustees for the benefit of the respective schools they represent. The officers of said board shall consist of a president, secretary and treasurer. The city treasurer of Greenesboro shall be ex officio treasurer, for each one of said boards, but shall not be a member of either one of said boards, and, in addition to his bond as city treasurer, shall also give bond and good security, to be judged of by said board of trustees, for the faithful performance of his duties as their treasurer under this Act. Title to property acquired. Officers of trustees. Bond of treasurer. Sec. VIII. Be it further enacted , That no sums raised under this Act, except the funds set apart for the payment of the principal and interest of the bonds aforesaid, shall be paid out by said treasurer except upon such claims for property purchased or work done as have been audited by said boards each for its own school and upon approval of the mayor of said city, and it shall be the duty of said mayor to examine each account or claim submitted to him for approval, and unless satisfied of its correctness it shall be his duty to call a meeting of the council of said city and to notify the board of trustees approving such claim of the time and place of meeting to decide upon the correctness and justness of said claim. Payment from sumraised under this Act. 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 December 24th, 1886.

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EXTENDING CORPORATE LIMITS OF COLUMBUS. No 105. An Act to authorize the extension of the corporate limits of the city of Columbus, in the county of Muscogee. Whereas, it is desired to extend the corporate limits of the city of Columbus so as to include the territory adjoining said city on the north lying within the following described boundaries, to wit: Beginning at the northwest corner of the present city limits where the northern boundary of said city intersects the State line on the west bank of the Chattahoochee river; thence running due east along the northern boundary of said city to the northeast corner of the city limits; thence still due east one mile from the original starting point; thence due north one mile; thence due west to the west bank of the Chattahoochee river to a point on the State line; thence south along said west State line to the starting point; therefore, Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia , That the mayor and council of the city of Columbus be, and they are hereby authorized to submit to the qualified voters of said city, at an election to be held at such time and in such manner as said mayor and council may prescribe, the propriety of such extensions. Election as to propriety of extensions. Sec. II. Be it further enacted , That the ordinary of said county shall submit to the qualified voters residing within said proposed extension the propriety of such extension by ordering an election to be held on the same day as said city election, at some central and convenient place by him designated within said proposed extension, to be presided over by three freeholders therein residing, to be appointed and sworn by said Ordinary, at which election those may vote who have continuously resided within said proposed extension for three months immediately previous to said election, and who are otherwise qualified to vote for members of the General Assembly. The manager of said election shall count the ballots cast thereat, and they, or a majority of them, shall forthwith certify the result to the Ordinary, and shall deliver to him the ballots and a list of voters; the ballots shall be numbered and a list of voters and tally-sheets shall be kept as in other elections. Persons residing within said territory proposed to be annexed, who have registered at the last general registration in said county, shall not be required to do so again to enable them to vote. Those who have not registered may do so before the Ordinary as registrar, who shall open a book for that purpose in his office at least thirty days before said election and close the same at least ten days before; said registration shall be conducted

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under the same rules as the general registration, so far as, in the opinion of the Ordinary, the same can be made applicable, the expense thereof to be paid by the city. No one shall vote in said annexed territory who has not registered at said general registration, or who shall not register at the supplemental one herein provided for, and any one voting therein at this election without having registered, or who is not qualified to vote thereat, shall be deemed guilty of illegal voting, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. When to be held. Where. Regulations for. Qualifications of voters. Returns. Registrations for. Penalty for illegal voting. Sec. III. Be it further enacted , That both of said elections in the city and in the territory shall be held within not less than sixty nor more than ninety days from the passage of this Act, and twenty days' previous notice of said elections shall be published in a daily newspaper published in said city, and at each of said elections those who favor said extension shall have plainly written or printed on their ballots, For extension, and those opposed thereto shall have plainly written or printed upon their ballots, Against extension. If the majority of the lawful votes cast at either or both of said elections shall be against extension, then said corporate limits shall not be extended; but if a majority of the lawful votes cast at both elections shall be for extension, then the Ordinary and mayor shall make a joint proclamation of such result, and thereupon the corporate limits of the city of Columbus shall be extended, so as to include the territory within the boundaries hereinbefore described, and said extension shall become a part of said city, and subject to all the laws and ordinances governing the same, upon the conditions and subject to the qualifications as prescribed in the next section: Provided , said extension of corporate limits and annexation is to become void and no force or effect, upon failure to establish schools and provide police and lights within the time and in the manner prescribed in the next section. Notice as to time. Ballots. Result of election. Proviso. Proviso. Sec. IV. Be it further enacted , That it shall be the duty of the mayor and council of said city, within twelve months after the extension is effected as herein provided, to establish and thereafter to maintain in the annexed territory public schools ample for the accommodation of the white and colored children residing therein, said schools to be of the same character, standard and appointment as those now or hereafter to be established in said city. It shall be the duty of the said mayor and council, within the time aforesaid, to provide lights and police throughout the principal streets and roads in said annexed territory. At least one of the assessors for the valuation of property within said territory for taxation shall be a resident thereof, and said property shall not be assessed for taxation at more than its market value. No cemetery shall ever be located in or extended over any part of said annexed territory. Public schools for. Lighting, police, etc. Property assessors. Taxation. Cemetery.

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Sec. V. Be it further enacted , That as soon as practicable after such extension shall be effected, the mayor and council are empowered, and it shall be their duty, to create and define at least two city wards within said extension, with power of representation in council as other wards, and said wards may thereafter be altered or increased as may be just and equitable, and the qualified voters within said extensions shall be entitled to vote at the first city election held after said extension and at the elections held thereafter. To be divided into city wards City 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 December 27th, 1886. AMENDING CHARTER OF SOCIAL CIRCLE. No. 116. An Act to alter and amend the several Acts incorporating the town of Social Circle, in the county of Walton, and to grant certain powers and privileges to said town, and for other purposes. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the several Acts incorporating the town of Social Circle, 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 charter. Section I. Be it enacted , That the corporate limits of the town of Social Circle, in the county of Walton, extend over and embrace the area of one-half mile from the public well at the crossing of the two main streets each way, making said corporate limits one mile square. Corporate limits. Sec. II. Be it further enacted , That the municipal government of the town of Social Circle shall consist of five commissioners, who shall at their first meeting elect from their body a president, treasurer and clerk, and elect a marshal and all other officers that they may think proper to carry this Act into full execution, and the said commissioners and their successors in office are hereby declared to be a body corporate and politic under the name and title of the commissioners of the town of Social Circle, and by that name be empowered to sue and be sued, implead and be impleaded in any of the courts of this State; and the said commissioners, or a majority of them and their successors in office shall have full power and authority to make all by-laws, rules and regulations necessary and proper for the government of said town

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which are not repugnant to the constitution and laws of this State and the United States. Municipal government. Name of corporation. General powers. Sec. III. Be it further enacted , That an election shall be held on the first Wednesday in December annually for five commissioners, who shall hold their office for one year, or until their successors are elected and qualified. Should there fail to be an election held at the time specified, from any cause, the said commissioners, or a majority of them, shall order an election held in said town by posting a notice in three public places at least ten days before said election, the polls at said election to be opened at nine o'clock a. m. and closed at four o'clock p. m. The qualifications of the voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto residents within the corporate limits of said town six months next preceding the election and the payment of all legal taxes required of them by said corporation. Municipal election. Term of commissioners. Failure to elect. Qualifications of voters. Sec. IV. Be it further enacted , That said election shall be held and conducted in the same way that elections for county officers in this State are held and conducted, and a certificate of the managers shall be sufficient authority to the person elected to enter upon the discharge of the duties of the office to which he has been elected. Regulations for and effect of elections. Sec. V. Be it further enacted , That each of said commissioners shall, within twenty days after his election, and before entering upon the duties of his office, take and subscribe the following oath: That I will to the best of my ability discharge the duties of a..... for the town of Social Circle during my continuance in office, and that I will support and defend the constitution of this State and of the United States, and that the marshal and all other officers shall take the same oath, which oath shall be filed with the clerk of said town. Oath of office. Sec. VI. Be it further enacted , That in case of a vacancy in the board of commissioners from any cause, the remaining commissioners, or a majority of them, shall order an election to fill said vacancy to be conducted as already prescribed. No person shall be eligible to the office of commissioner of said town who is not eligible as a voter in said town. Vacancies. Sec. VII. Be it further enacted , That said commissioners shall prescribe the fees and pay of such subordinate officers and require such bonds for the faithful performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend or remove them from office for a breach or neglect of duty, or incapacity to discharge their respective duties from any cause. Fees, salaries, bonds, etc. Sec. VIII. Be it further enacted , That the president, or in his absence any member of the board, may hold a public court in said town at any time for the trial and punishment of all violators

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of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of fifty dollars, or by labor on the streets of said town, or public works of said town, not to exceed thirty days, or confinement in the calaboose or guard-house of said town not to exceed thirty days, and in addition thereto such costs of the proceedings as may be imposed: Provided , the party so fined, or otherwise punished, or found guilty, shall have the right of appeal to a full board on payment of all costs. Court. Penalties. Proviso. Sec. IX. Be it further enacted , That the said commissioners shall have power by their clerk to issue executions to enforce the payment of all taxes, fines, debts due to said incorporation in their corporate capacity, bearing test in the name of their president and be directed to the marshal, whose duty it shall be to levy said execution on any property belonging to the defendants that may be found in Walton county. The clerk shall be the receiver of all taxes, fines, debts and costs due said incorporation; the marshal shall be the collecting officer. When the said marshal shall levy any execution issued by said commissioners, and there shall be a claim or illegality filed to said execution, then said marshal shall return said execution, with the claim or illegality, to the next justice court for the 418th district, G. M., of Walton county: Provided , said execution does not exceed one hundred dollars, and, if more than one hundred dollars, then to the next Superior Court of said county to be tried as other claims or illegality. Enforcement of taxes, etc. Powers and duties of clerk and marshal. Claims, illegalities, etc. Proviso. Sec. X. Be it further enacted , That said commissioners of the town of Social Circle shall have the sole and exclusive power of granting or refusing license to retail and sell spirituous liquors, ale or vinous and malt liquors, in the town of Social Circle, in any quantity, and for fixing the rates of such licenses and the terms upon which they shall be issued, and of declaring such licenses void when said terms are not complied with; they shall also have power to license, regulate and control ten-pin alleys, billiard and pool tables, or to prohibit the establishment of said tables and remove or abate said tables when they may deem necessary: Provided , that no license shall be granted for a less time than one year and not until the full amount for one year has been paid to the clerk of said board. Sale of liquors. Ten-pin alleys, etc. Sec. XI. Be it further enacted , That said commissioners shall have power and authority to assess, levy and collect such taxes annually upon real and personal estates within the corporate limits of said town as they shall deem necessary for the support and government of said town, not exceeding one-third of one per centum of the value thereof, and fifty cents on each dog, and to tax all shows of every kind and all other theatrical exhibitions as they may deem proper. Taxation. Limit.

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Sec. XII. Be it further enacted , That the clerk of the board of commissioners shall be allowed the same fees as are allowed by law to justices of the peace for like services, and the sum of one dollar for each license issued by him, including the bond and the oath of the applicant, and the marshal shall be allowed the same fees which the bailiffs are allowed by law for like services, only when said officers are required to levy on and sell real estate, then to his cost shall be added the advertising fee; that all moneys that may by said corporation be collected by virtue of this Act, except their fees as aforesaid, shall be paid into the hands of the treasurer to be applied by him as the board may direct for the benefit of said incorporation. Fees of clerk. Payment of town funds. Sec. XIII. Be it further enacted , That all persons who are subject to road duty under the laws of this State shall be subject to work on the streets and roads of said town, who have resided in said town ten days previous to the time of working, and said commissioners shall have the same power and authority to punish defaulters as the road commissioners of this State now have or may hereafter have, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street work. Sec. XIV. Be it further enacted , That whenever said commissioners shall deem it prudent, wise, expedient and for the best interest of said town to open, alter, extend or increase the streets and alleys of said town, they may submit the same to the voters of said town, and whenever a majority vote shall approve the same they may order the same opened, altered, extended or increased, as the case may be: Provided , they shall have first submitted the question of damage to three disinterested citizens, resident within the said corporate limits, who shall fix and determine the amount due by said corporation to the citizen or citizens to be affected by such street or alley, and in choosing said arbiters the commissioners may select one and the party or parties affected select another, and the two so selected shall name a third, and their decision shall be final and conclusive. Opening, extension, etc., of streets, etc. Election therefor. Proviso. Damages. Sec. XV. Be it further enacted , That whenever the marshal of said town shall be required to sell real estate, he may sell the same in said town under the law governing Sheriff sales, and may make titles thereto, as the Sheriff is authorized to do, which shall have the same validity and pass all titles to the purchaser existing in defendant. The marshal shall advertise all sales of real estate in a newspaper published in said town, if any, and if none, then in the paper in which the official advertisements of the county are published, and when said marshal shall be required to sell personal property, he shall levy and sell under the laws governing sales of personalty by constable, and such sale shall pass title to purchaser in like manner. Marshal's sales.

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Sec. XVI. Be it further enacted , That the marshal, or any commissioner of said town, may arrest without warrant any person guilty of a viclation of any ordinance of said town and bring him before the president, or some member of the board, for trial, and to this end may summon any of the bystanders as posse to assist in such arrest. All the ordinances, rules and regulations passed by the commissioners shall before becoming operative be entered upon the minutes of the board and be posted at two or more prominent places in said town for one week. Arrests. Trial. Record of ordinances, etc. Sec. XVII. Be it enacted , That it shall be the duty of all tax-payers, owners of taxable proporty in said town, and they and each of them, either by themselves or an agent, are hereby required to make annual returns under oath to the clerk of council in said town, or to such other person as the council may appoint for said purpose, and at such time as said council may designate, of all their taxable property held in their own right, or in the right of any other person, and in case any person shall fail or refuse to make such returns, or shall make any return deemed incorrect by the council or commissioners, said council may assess the property of such person and may fix such value thereon as they may deem correct and just. Returns for taxation. Failure to make. Sec. XVIII. Be it further enacted , That no person holding office under this charter shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or another, directly or indirectly. Officers cannot contract with town. Sec. XIX. Be it further enacted , That all Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed. Approved December 27th, 1886. AMENDING CHARTER OF HEPHZIBAH. No. 117. To amend an Act entitled an Act to incorporate the town of Hephzibah, and to confer certain powers on the commissioners thereof, approved October 24th, 1870, enlarging the powers of the commissioners of said town, and for other purposes therein mentioned. Section I. Be it enacted, etc. , That the commissioners of said town, and their successors in office, or a majority of them, are hereby empowered to pass all such by-laws and regulations as they shall deem necessary for preserving the public property within the limits of the corporation, for opening streets, for improving

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streets, public squares and cemetery in said town, removing nuisances and preventing damages by fire. Power to pass by-laws, etc. Sec. II. Be it further enacted , That said commissioners, or a majority of them, shall have power to appoint a clerk, marshal and such other officers as they may deem necessary to carry into effect all ordinances, rules, by-laws and regulations which they may adopt under this Act. They shall have the right to impose and collect fines, and imprison, either with or without labor on the streets or public works of the town, and issue executions as well against the person as the property of the offender; but in no case shall any term of imprisonment exceed thirty days, or any fine exceed the sum of fifty dollars. Clerk, marshal and other officers. Fines and imprisonment, etc. Sec. III. There shall be established a police court, which shall have exclusive jurisdiction in all cases arising upon and from a violation of the ordinances of said town; said court shall sit at such times and under such regulations as the board of commissioners may prescribe. The chairman of said board shall prescribe therein, and in case of his absence any member thereof may exercise his functions. Should it appear upon examination of any case that there has been an infraction of the State law, it shall be the duty of said court to bind the offender over to the proper tribunal if the case be bailable, but if not bailable, then to commit him or her until discharged by due process of law. Police court. Sec. IV. That the said commissioners and their successors in offices are hereby authorized to levy annually a tax on the inhabitants of said town to any amount not exceeding one fourth of one per centum of the taxable property within the said town, the valuation of property to be same as in returns of State and county taxes, and to collect the same by execution or otherwise. They shall also levy a tax of not exceeding two dollars per capita annually upon all male inhabitants of said town between sixteen and fifty years of age as a street tax, and upon failure to pay said street tax the offender shall work the streets of said town four days under direction of the marshal. Ad valorem tax. Street tax. Sec. V. That the commissioners of said town shall be capable of suing and being sued in their corporate capacity, and shall have power to acquire, hold and dispose of property, both real and personal, to be applied to the improvement or benefit of said town, and shall have power to exact a tax on all public shows which may be at any time exhibited or exposed to view for money within the said town. General corporate powers. Tax on shows. Sec. VI. That in case of any vacancy in said board of commissioners, a majority of the original number elected at the last lection shall have power to fill said vacancy by appointment until the next regular election; but if more than two vacancies shall occur, then another election shall be held, notice of ten days having been given, and those elected shall hold until the regular

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time for the annual election. The board of commissioners shall remain in office until their successors are elected. Vacancies. Notice of election. Term of commissioners. Sec. VII. That in addition to the salary which the board of commissioners may prescribe for the town marshal, he shall receive for all processes placed in his hands by said board or the police court the same or similar fees to those now allowed by law to the Sheriffs of the State. Salary of marshal. Sec. VIII. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27, 1886. PUBLIC SCHOOL BUILDING FOR FORT VALLEY. No. 121. An Act to empower the corporate authorities of the town of Fort Valley to create a debt not to exceed ten thousand dollars for the purpose of erecting and furnishing a suitable school building upon the grounds of the Fort Valley Male and Female Institute; to provide for the payment of the same when due, and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the mayor and council of the town of Fort Valley, in the county of Houston, be, and they are hereby authorized to issue bonds, not to exceed in the aggregate ten thousand dollars, of such denomination as they may determlne, to become due and payable at such time or times within twenty years from the date of the issue thereof as they may determine, and to bear interest not to exceed seven per cent. per annum. Issue of bonds Amount, etc. Sec. II. Be it further enacted by the authority aforesaid , That said mayor and council of the town of Fort Valley be, and they are hereby authorized and required to levy, assess and collect a sufficient tax upon the taxable property within the corporate limits of said town to fully and promptly pay the interest upon said bonds and the principal thereof at such times as said interest and principal shall become due and payable. Tax for payment of. Sec. III. Be it further enacted by the authority aforesaid , That the proceeds arising from the sale of the bonds herein provided for shall be applied by the mayor and council aforesaid exclusively to the following purpose, to-wit: to erect a school building upon the grounds of the Fort Valley Male and Female Institute,

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which said mayor and council shall deem proper and requisite for the needs of the town and community, and to fit and equip the same with suitable furniture for school purposes. Use of proceeds. Sec. IV. Be it further enacted , That the foregoing bill shall not be of force and effect until the same shall have been submitted to a vote of the qualified voters of Fort Valley and approved by a two-thirds vote of the persons so qualified to vote at such election, which election shall be held at a time to be determined by the mayor and council, and after advertising the same thirty days or more before the holding of said election in a weekly paper published in said town of Fort Valley: Provided , that the provisions of the charter of said town of Fort Valley in reference to registration as an essential qualification to voting be so modified as to the election herein provided for as that all voters otherwise qualified shall be freed from any disability to vote in said election, if, not less than one week from said election, they shall register their names, after taking the oath provided for in section four of the charter of said town, in a book to be provided by the clerk of the council, and to be by said clerk opened at his office and kept open for a space of time not less than six weeks prior to said election: Provided also, that all the provisions of section four of the charter of the town of Fort Valley not hereinafter modified as to the election herein provided for shall apply to and control the conduct of said election. Popular election on. Time of. Advertisement of. Regulations for. Registry. Proviso. Sec. V. Be it further enacted , That the bonds hereinbefore provided for shall be signed by the mayor and clerk of council of said town of Fort Valley, and be sold or negotiated in such manner as said mayor and council may determine to be for the best interest thereof. Signing and sale of bonds. 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 28th, 1886.

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TITLE II. COUNTY OFFICERS. ACTS. Creating commissioners of roads and revenues for DeKalb county. Abolishing commissioners of roads and revenues for Taylor county. Creating commissioners of roads and revenues for Pulaski county. Repealing Act consolidating offices of Sheriff and Tax Receiver and offices of Clerk of Superior Court and Tax Collector of Oconee county. Clerk of commissioners of roads, etc., for Calhoun county. Compensation of commissioner of roads, etc., for Richmond county. Creating commissioners of roads, etc., for Hall county. Amending Act as to commissioners of roads and revenues of Whitfield county. Fees of Sheriff and jailor of Stewart county. Amending Act creating commissioners of roads, etc., for Wilcox county. CREATING COMMISSIONERS OF ROADS AND REVENUES FOR DeKALB COUNTY. No. 8. An Act to create a board of commissioners of roads and revenues for the county of DeKalb; to define their powers and duties, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That a board of commissioners of roads and revenues for the county of DeKalb, to consist of five persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county. The first commissioners to be chosen under this Act shall be elected by the grand jury at the spring term of 1887 of DeKalb Superior Court. One commissioner shall then be elected for one year, two for two years and two for three years. As their terms expire their successors shall be elected by the grand jury at the spring term of said court, each for a term of three years. Said commissioners shall receive as their compensation two dollars per day of actual service out of

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the county treasury to be paid by the County Treasurer upon certificate of the chairman and clerk of said board. They shall elect a clerk for said commission, who may be one of their number, whose duties it shall be to keep a record of the actings and doings of the commission at the court-house in said county, and who shall receive as compensation for the performance of said duties such sum, not exceeding two hundred and fifty dollars per annum, as may be prior to his election fixed by said board for each year. Said commissioners shall give bond in the sum of one thousand dollars each with sufficient securities to be approve by the Judge of the Superior Court of said county, payable to the Ordinary of said county of DeKalb, and his successors in office, and conditioned for the faithful performance of the duties of his position as said commissioner, and shall take an oath before the Judge of the Superior Court to faithfully discharge their duties. Said commissioners shall, at the first meeting of the board after the passage of this Act, elect a chairman, who shall hold office for one year and until his successor is elected; said chairman shall preside at all meetings of the board, and shall sign all processes notices, orders or other documents in writing requiring the official signature of said board. In his absence the board may elect a chairman pro tempore with like powers and authority. Number of commissioners. Their qualifications. First commissioners. Election for. For their successors. Compensation. Clerk. His duties. Compensation. Bond of commissioners. Oath. Chairman. His duties. Chairman pro tem. Sec. II. That said commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as they may deem expedient according to law; in levying taxes according to law: in establishing, altering or abolishing roads, bridges and ferries in conformity to law; in establishing, abolishing, and changing election precincts and militia districts; in supervising the Tax Collector's and Receiver's books, and allowing the insolvent lists for said county in setting all claims against the county; examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement; in making such rules and regulations for the support of the poor of the county, and for the promotion of health, as are not inconsistent with law; in regulating peddling, and to have and exercise all the powers that could be lawfully exercised by the inferior court when sitting for county purposes, or by the justices thereof, at the time of the abolishment of said Inferior Court, except as to proceedings and record in cases of lunacy, and to exercise such other powers as are granted by law, or are indispensable to their jurisdiction over county matters and county finances. Jurisdiction and control of the board. Sec. III. That said board shall have the entire control and management of the convicts in said county sentenced to work on the public works of said county, and shall employ them on the

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public roads and works of said county, or hire them to other counties, as they may deem proper. Management of county convicts. Sec. IV. That said commissioners shall hold one session on the first Monday, in every month, at the county site in the courthouse building, in such office as shall be prepared for them: Provided , that a majority of said board may convene the same in extraordinary session whenever in their judgment it may be necessary, and not less than three of said commissioners shall pass an order or decree on any subject-matter. Sessions. Proviso. Quorum. Sec. V. That said board of commissioners shall have authority, and they are hereby authorized to fill any vacancy that may occur in said board by death, resignation or otherwise until the next spring term of the Superior Court of said county, when the grand jury shall fill the balance of the unexpired term. Said board shall keep a record of their actings and doings in a book to be provided for that purpose, which record shall be laid before the grand jury of said county at the spring term of the Superior Court in each year. Vacancies. Minutes. Sec. VI. Said commissioners shall be exempt from jury and militia duty. Exemptions. Sec. VII. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 8th, 1886. ABOLISHING COUNTY COMMISSIONERS OF TAYLOR COUNTY. No. 25. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Taylor, define their powers and duties, and for other purposes, approved October 20th, 1879; also to repeal an Act amendatory thereof entitled An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Taylor, define their powers and duties, and for other purposes, approved September 29th, 1881, 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 create a board of commissioners of roads and revenues for the county of Taylor, define their powers and duties, and for other purposes, approved October 20th, 1879; also that an Act amendatory thereof entitled An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Taylor,

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define their powers and duties, and for other purposes, approved September 29th, 1881, be, and the same are hereby repealed, and all the powers and duties and books and statements pertaining to said board are hereby conferred upon the Ordinary of said county. Act creating board repealed. Also Act of Sept. 29, 1881, amendatory thereof. Powers, books, etc., how disposed of. 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 20th, 1886. CREATING COMMISSIONERS OF ROADS AND REVENUES FOR PULASKI COUNTY. No. 26 An Act to create a board of commissioners of roads and revenues for the county of Pulaski. Section I. Be it enacted by the General Assembly of the State of Georgia , That at the next regular term of the Superior Court, held for Pulaski county, after the passage of this Act the grand jury shall nominate, and the court by its order entered on the minutes shall appoint a board of commissioners of roads and revenues for said county, consisting of five citizens and freeholders of known experience, integrity and business qualifications, (giving preference in all elections to such as have not canvassed for the place), who shall hold their office for four years and until their successors are appointed and qualified, except that two of the first board shall be chosen for two years only, after which the full term shall be four years. Election for. Number and qualifications. Terms. Sec. II. That the commissioners herein provided for shall each take and subscribe to an oath faithfully to discharge the duties herein prescribed to the best of his ability. Oath. Sec. III. That a quorum shall consist of at least three members all of whom must concur to pass any order or do any official act of the board. Quorum. Sec. IV. That no commissioner, while acting as such, shall hold any other State or county office of trust and profit, and the commissioners shall be exempt from road, jury and militia duty, and their compensation shall be three dollars each for every day's actual service rendered, to be paid upon an account specifying the time and period of service, and they shall be removable by a two-thirds vote of the grand jury, such removal being confirmed by an order of the Superior Court entered on the minutes. May not hold other offices. Exemptions. Compensation. Removal. Sec. V. That said board of commissioners shall have, under the laws of this State, exclusive jurisdiction in Pulaski county over the following matters: Jurisdiction.

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1. In managing and controlling the property of the county. 2. In levying a general tax for general and a specific tax for county purposes. 3. In establishing, changing and abolishing roads, bridges, ferries and private ways, and also election precincts. 4. In examining, auditing and settling all claims against the county. 5. In examining and auditing the accounts of all officers having the care, management, collecting or disbursing of the money of the county, and in bringing said officers to a speedy settlement. 6. In providing for the support of the poor and in the promotion of health. 7. In regulating peddling and fixing the license therefor, and 8. In leasing or otherwise disposing of the county chain-gang, and providing for its management in a just and humane manner. The members of the board shall also have power to administer and attest oaths. Sec. VI. Said board shall have all the powers in appointing road commissioners and enforcing road laws that belonged to the Inferior Court immediately preceding the adoption of the constitution of 1868, and they shall exercise such other powers as are granted by the general law to the road authorities in other counties. Powers as to roads, etc. Sec. VII. The commissioners shall also be authorized to purchase real and personal property to be used for county purposes or when sold for taxes or other debts in which the county may be interested, and they may sell and convey property so purchased when, in their judgment, the interest of the county demands it. Purchase of property for county. Sale of. Sec. VIII. The board shall hold quarterly meetings at the court-house at stated times, and a majority of the members may convene the board in extra session whenever, in their opinion, it is necessary to do so. Meetings. Sec. IX No money shall be paid out or used except upon the signature and authority of at least three of the commissioners. Payment of money. Sec. X. The commissioners shall elect a clerk, whose duty it shall be to keep a record of all the proceedings in a well-bound book, which shall be submitted to the inspection of each grand jury and to any citizen desiring to examine the same. The board shall fix the compensation of their clerk. Clerk, His duty. Compensation. Sec. XI. The successors of said commissioners shall be elected by the grand jury convening next before the expiration of the term, and should a vacancy occur by death, resignation, removal or otherwise, the unexpired term shall be filled by the next grand jury, and all appointments and removals to be evidenced by an order on the minutes of the Superior Court passed by the judge of said court. Subsequent elections. Vacancies. Order as to.

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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 20th, 1886. REPEALING ACT CONSOLIDATING OFFICES OF SHERIFF AND TAX RECEIVER AND OFFICES OF CLERK OF SUPERIOR COURT AND TAX COLLECTOR OF OCONEE COUNTY. No. 30. An Act to repeal an Act, approved February 28th, 1876, consolidating the offices of Sheriff and Tax Receiver and the offices of Clerk of the Superior Court and Tax Collector in the county of Oconee. 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 Act, approved February 28th, 1876, consolidating the offices of Sheriff and Tax Receiver and the offices of Clerk of the Superior Court and Tax Collector in the county of Oconee be, and the same is hereby repealed. Consolidating Act 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 20th, 1886. CLERK OF COMMISSIONERS OF ROADS, ETC., FOR CALHOUN COUNTY. No. 44. An Act to Amend an Act to create a board of commissioners of roads and revenues for the county of Calhoun; to define the powers and duties thereof, approved February 22d, 1877, so as to make the Ordinary of said county ex officio clerk of said board. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, that the above-recited Act be, and the same is hereby so amended as to strike from section nine of said Act, in the first and second lines of said

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section, the words, That it shall be the duty of said board of commissioners to appoint a clerk, and insert instead thereof the words, That the Ordinary of said county, for the time being, shall be ex officio clerk of said board, and also to strike from said section in the 14th, 15th and 16th lines thereof the words, Said clerk shall hold his office at the discretion of said board, subject to be removed at any time, so that said section nine shall read, when amended, as follows: Section IX. Be it further enacted by the authority aforesaid, That the Ordinary of said county, for the time being, shall be ex officio clerk of said board, whose duty it shall be to attend each session of the board, and keep a fair and regular book of minutes of all the transactions of the board, and to keep such other books and perform such other duties, not inconsistent with law, as may be required of him by said board, and before entering upon the duties of his office he shall take and subscribe an oath before one of said commissioners (besides the general oath required of county officers) faithfully to discharge the duties required of him as clerk of said board, and also to enter into bond, with good security, to be approved by said board, in the sum of five hundred dollars, payable to said board of commissioners, and their successors in office, conditioned for the faithful discharge of his duties as such clerk, and he shall be exempt from road, militia and jury duty, and shall receive such further compensation from the county fund of said county annually as said board may deem reasonable and just, not to exceed one hundred dollars per annum. Ordinary of the county made ex officio clerk of the board. Section as amended. 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 December 22d, 1886. COMPENSATION OF COMMISSIONER OF ROADS, ETC., FOR RICHMOND COUNTY. No. 51. An Act to fix the compensation of the commissioner of roads and revenue for Richmond county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That from and after the passage of this Act, the compensation of the Judge of the City Court and ex officio commissioner of roads and

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revenue for Richmond county, Georgia, for the discharge of his duties as such commissioner in the management of county business shall be one thousand dollars per annum to be paid monthly out of the treasury of said county. Fixed at one thousand dollars. How paid. 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 22d, 1886. CREATING COMMISSIONERS OF ROADS, ETC., FOR HALL COUNTY. No. 60. An Act to create a board of commissioners of roads and revenues in the county of Hall; 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 Superior Court in and for the county of Hall, next 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 commissioners of roads and revenues for said county. Election of commissioners. 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 the first board shall commence 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 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 in. Proviso.

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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 Judge of the Superior Court, the Clerk of said Court or the Ordinary, which oath shall be recorded in the book of record of the proceedings of said board hereinafter provided for, to-wit: You, and each of you, do solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenues, 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 of commissioners. Sec. IV. Be it further enacted . That upon the election of said board by the grand jury, it shall be the duty of the Clerk of the Superior Court to certify to the Governor under the seal of his office the names of the persons so chosen, and the Governor shall upon receipt thereof commission them for the terms to which they may have respectively been elected, and upon presentation of their commissions and taking the oath above prescribed, they shall enter at once upon the discharge of their duties. To be commissioned by the Governor. Sec. V. 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. VI. Be it further enacted , That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: Jurisdiction as to county 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 disbursing of money belonging to the county or appropriated for its use and bring them to a settlement. 5. In making such rules and regulations for the support of the paupers and the promotion of the health of the county as are not inconsistent with the laws of this State. 6. In establishing, altering, abolishing or 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 powers over county officers in said county as is now exercised by the Ordinary; to grant or refuse to grant license to sell spirituous liquors in said county in their discretion according to existing laws.

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Sec VII. Be it further enacted , That said commissioners shall hold at least one meeting each month and shall keep a record of all their proceedings in a well-bound book to be purchased by them for the purpose and paid for by the County Treasurer on their order, 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 in addition to 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 pay for his services as hereinafter provided for said commissioners, to be paid by the County Treasurer on the order of said board. Meetings. Minutes. Special sessions. Clerk of. Salary. Sec. VIII. Be it further enacted , That the members of said board shall be paid the sum of two dollars per day for the time they actually sit for county purposes. Pay of board. Sec. IX, Be it further enacted , That the Treasurer of said county shall not disburse or pay out any of the funds in the county treasury unless authorized by the order in writing of said board of commissioners. Payments of county funds. 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 23d, 1886. AMENDING ACT CREATING COMMISSIONERS OF ROADS, ETC., OF WHITFIELD COUNTY. No. 65. An Act to amend an Act to provide a board of commissioners of roads and revenues for the counties of Whitfield, Murray and Hall, approved August 24th, 1872, so far as the county of Whitfield is concerned. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above-stated Act, which provides a board of commissioners of roads and revenues for the counties of Whitfield, Murray and Hall, and which prescribes their duties and powers in relation to the roads and revenue, of said counties, be, and the same is hereby amended, so far as the county of Whitfield is concerned, by adding to the fourth section of said Act, which reads as follows, That said commissioners shall be exempt from jury, road and militia duty, the following words, to-wit: That said board of commissioners of the county of Whitfield are hereby authorized to employ a clerk for said board, who may be either the Ordinary of the county, or any member of

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the board, or any other fit and competent person, who shall receive such compensation for his services as may be fixed by said board: Provided , that if the Ordinary, or any member of said board, shall be clerk thereof, he shall not vote on the question of the amount of such compensation. The members of said board, shall receive for each day's service, while actually engaged in the business of the county, the sum of two dollars per day: Provided , that the whole sum received by each of said board for such services shall not exceed the sum of twenty-five dollars annually, so that said section, when amended, shall read as follows: Section IV. That said commissioners shall be exempt from road, jury and militia duty, and said board of commissioners of the county of Whitfield are hereby authorized to employ a clerk for said board, who may be either the Ordinary of the county, or any member of the board, or any other fit and competent person, who shall receive such compensation for his services as may be fixed by said board: Provided , that if the Ordinary, or any member of said board, shall be clerk thereof, he shall not vote on the question of the amount of such compensation. The members of said board shall receive for each day's service, while actually engaged in the business of the county, the sum of two dollars per day: Provided , that the whole sum received by each of said board for such services shall not exceed the sum of twenty-five dollars annually. Fourth section of Act of Aug 24, 1872, amended. Authorized to employ a clerk Compensation. Proviso. Compensation of commissioners. Section as amended. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 23rd, 1886. FEES OF SHERIFF AND JAILOR OF STEWART COUNTY. No. 80. An Act to alter and amend an Act entitled an Act to alter and amend an Act to fix the fees of the Sheriff and jailor of Stewart county for dieting prisoners confined in the common jail of said county, approved August 28th, 1883, so as to reduce the same. 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 adding thereto a second section, which Act, after adding thereto aforesaid section, shall read as follows: Act of Aug. 28, 1883, amended. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the fees

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of the Sheriff or jailor of the county of Stewart, for keeping and dieting prisoners in the county jail of said county of Stewart, shall be fixed at fifty cents each per day, when the total number in jail is five or less, forty-five cents per day each when the total number in jail exceeds five and up to ten, and forty cents per day each when the total number in jail exceeds ten, and the Ordinary of said county is hereby prohibited from fixing said fees at rates greater than herein provided. Act as amended. Fees for dieting prisoners. Sec. II. Be it further enacted by the authority of the same , That the above-mentioned scale of fees (as provided in section one of this Act) may be reduced from time to time in the following manner: It shall be the duty of the Ordinary of said county at each term of the Superior Court, with the aid of the grand jury, to fix the rate of reduction to be made in said scale of fees, taking in view the cash and credit prices of provisions on November 1st, 1882, and the cost and credit prices of the same at the time of making the reduction, as well as the state of the funds in the county treasury for jail purposes. After the rate per centum of reduction is thus ascertained, it shall be the duty of said Ordinary, at the next term of the Court of Ordinary sitting for county purposes, thereafter to pass an order establishing the rate per eentum of reduction of said fees and enter the same upon the minutes of said court, which shall remain unaltered until the next succeeding term of the Superior Court of said county, when said fees may be again changed as the condition of the county funds and the price of provisions may demand. Reduction of fees. 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 December 24th, 1886. AMENDING ACT CREATING COMMISSIONERS OF ROADS, ETC., FOR WILCOX COUNTY. No. 124. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenue in the county of Wilcox; to define the powers and duties thereof, and for other purposes, approved February 22d, 1872. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the above-recited Act shall be amended as follows:

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1st. By striking from the fourth line of the first section thereof the word five and inserting in lieu thereof the word three. Number of commissioners. 2d. By striking from the first line of the third section thereof the word three and inserting in lieu thereof the word two. Quorum. 3d. By striking from the first line of the sixth section the word two and inserting in lieu thereof the word four. Sessions. 4th. By striking from the fifth line of the sixth section thereof the words January and July and inserting in lieu thereof the words January, April, July and October. When held 5th. By striking from the fourth line of the seventh section thereof the words one hundred dollars per annum and inserting in lieu thereof the words three dollars per day for every day of actual service rendered by him in the discharge of such duties so imposed by them. Compensation of clerk. 6th. By striking from the first line of the ninth section thereof the words no compensation shall be allowed and inserting immediately after the word commissioners in the second line of said section the words shall be allowed as compensation for their services so rendered a sum not to exceed three dollars per day each for each and every day of actual service so rendered by them, so that said Act, when so amended, shall read as follows: Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established in the county of Wilcox a board of commissioners of roads and revenue, to consist of three persons to be elected by the voters of the county and commissioned by the Governor, the first election to be held at the next general election for county officers in said county, said commissioners to hold their offices for the term of four years, and there shall be a regular election every fourth year thereafter upon the day when the Ordinary for said county is elected, said commissioners to be exempt from militia, road and jury duty. Of commissioners. Act as amended. Sec. II. That whenever a vacancy shall occur, the remaining members of said board shall have power, and it is hereby made their duty to fill the same, and any person chosen to fill a vacancy shall be commissioned and hold his office for the unexpired term of the commissioner whom he succeeds; that no person is eligible as commissioner under this Act unless he has been a resident citizen in the county at least one year next preceding his qualification. Before entering on the duties of their office each of said commissioners shall take and subscribe the oath of office required to be taken by all civil officers of this State. Sec. III. That it shall require two of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree.

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Sec. IV. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following suject-matters, to-wit: First, governing and controlling all the property of the county as they may deem expedient according to law; second, in levying a general tax for general and a special tax for particular county purposes according to the provisions of the Code and laws of Georgia; third, in establishing, altering and abolishing all roads, bridges and ferries in conformity to law; fourth, in establishing and changing election precincts and militia districts; fifth, in examining, settling and allowing all claims against the county; sixth, in examining and auditing the accounts of officers having the care, management, keeping, collecting and disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; seventh, in making such rules and regulations for the support of the poor of the county, for the promotion of their health, as are granted by law or not inconsistent therewith; eighth, in regulating peddling and fixing cost thereof. Sec. V. That said board of commissioners shall have the same power in appointing road commissioners and enforcing the road laws as justices of the Inferior Court had by the Code of this State prior to the ratification of the present constitution of this State, and shall exercise such other powers as are granted by the said Code of this State to said justices or as are indispensable to their jurisdiction, save and except such as pertains to county matters. Sec. VI. That they shall hold four regular sessions annually: Provided , however, a majority of said board may convene the same in extra session whenever, in their judgment, it may be necessary, said regular sessions to be held respectively upon the first Mondays in January, April, July and October. Sec. VII. That said board may elect a clerk, whose duties shall be defined by said board, with such compensation, to be paid out of the county treasury, as they may see proper to give him, not to exceed three dollars per day for every day of actual service rendered by him in the discharge of such duties so imposed by them. Sec. VIII. That said board of commissioners shall keep fair and regular minutes of all their proceedings and orders, which shall be subject to the inspection of any citizen so desiring to examine the same. Sec. IX. That said board of commissioners shall be allowed as compensation for their services so rendered a sum not to exceed three dollars per day each for each and every day of actual service so rendered by them.

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Sec. X. That in no case shall the Ordinary of said county be a member of said board of commissioners. Sec. XI. Repeals conflicting laws. Sec. XII. 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 December 28th, 1886.

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TITLE III. COUNTY AND CITY COURTS. ACTS. Abolishing County Court of Douglas County. Abolishing City Court of Hall County. Increasing salary of Judge of City Court of Atlanta. Amending Act creating City Court of Columbus. Repealing Act abolishing County Court of Newton County. ABOLISHING COUNTY COURT OF DOUGLAS COUNTY. No. 7. An Act to repeal an Act, approved on the 19th day of December, 1884, 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 Court and for other purposes, and to provide for the winding up of the business of said County Court, and for the transfer of the civil and criminal business pending therein to the Superior Court of said county, and for other purposes therein set forth. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That An Act, approved on the 19th day of December, 1884, 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. and for other purposes, be, and the same is hereby repealed, and said County Court of Douglas County is hereby abolished. Act creating county court, etc., repealed. Sec. II. Be it further enacted by the authority aforesaid , That all civil suits now pending and all that may hereafter be brought to either the monthly or quarterly terms or sessions of said County Court which are pending when this Act shall go into effect shall be transferred to the next term of the Superior Court of said county as if by appeal and then tried as appeal cases. Disposition of civil business.

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Sec. III. Be it further enacted , That all criminal cases pending in said court shall be transferred at the same time the civil business is transferred to the Superior Court of Douglas county, and be entered on the criminal docket and be tried as other criminal cases in said court. Disposition of criminal business. Sec. IV. Be it further enacted , That all dockets, books, papers and records in said County Court shall be by the judge of said County Court turned over to the Clerk of the Superior Court of said county, the same to remain in said Clerk's office as a part of the record thereof. Of dockets, 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 of said county, and all parties and witnesses shall be bound to appear at said Superior Court as though such suits, executions, subp[UNK]nas and other writs and accusations and prosecutions had have originated in said Superior Court. Writs, executions, etc. Parties, witnesses, etc. Sec. VI. Be it further enacted , That no suit shall be filed or brought to said County Court after the tenth day of March, 1887, and should any such be brought or filed after that date they shall be void and of no effect. No suit in after certain date. Sec. VII. Be it further enacted , That the last term of said County Court shall be held on the third Monday in March, 1887, and all cases pending in said court shall stand for trial at said term, whether they be civil or criminal or brought to a monthly or quarterly term, and said County Court shall continue in session until all the business has been tried or continued as otherwise disposed of, unless it shall take longer than the first day of April to dispose of the business of said court. Last term. Sec. VIII. Be it further enacted , That the provisions of this Act shall go into effect and be of force on the first day of April, 1887, and on that day said judge shall turn over all the books, records, writs and papers as provided for in section 23 and 4 of this Act, and on that day said County Court shall become finally and completely abolished and its business all transferred to the Superior Court, as provided for in this Act. When this Act goes into effect, 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 December 7th, 1886.

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ABOLISHING CITY COURT OF HALL COUNTY. No. 15. An Act to repeal an Act entitled An Act to establish a City Court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved December 7th, 1880, and to provide for the disposition of the business in 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 Act to establish a City Court in the county of Hall, and to provide for the appointment of a judge and solictor thereof, approved December 7th, 1880, be, and the same is hereby repealed. Act creating court repealed. Sec. II. Be it further enacted , That all the unfinished business, civil and criminal, of the said City Court be transferred to the Superior Court, of the county of Hall, and stand for trial at the next regular term thereof as though originally brought in said Superior Court. 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 December 10th, 1886. INCREASING SALARY OF JUDGE OF CITY COURT OF ATLANTA. No. 20. An Act to amend an Act entitled an Act to establish a City Court in the city of Atlanta, approved December 15th, 1871, so as to increase the salary of the judge of said court. Section I. Be it enacted by the General Assembly of the State of Georgia , That section four of an Act to amend an Act entitled an Act to establish a City Court in the city of Atlanta, approved December 15th, 1871; approved February 25th, 1874; approved March 4th, 1875; approved October 8th, 1879; approved December 24th, 1884, be so amended as that hereafter the judge of said City Court shall receive a salary of three thousand ($3,000) dollars and no more, to be paid him in monthly installments out of the treasury of the county of Fulton: Provided , this change of salary herein provided for shall not go into operation till the expiration of this term of present incumbent. Salary to be three thousand dollars. How paid. 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 December 16, 1886.

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AMENDING ACT CREATING CITY COURT OF COLUMBUS. No. 103. An Act to amend an Act entitled 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, approved December 20th, 1884. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 1st of the above-recited Act, which now reads as follows: 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 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 proceedings been instituted in a justice's court, and with jurisdiction to try and dispose of all criminal cases below the grade of felony committed in the county of Muscogee, be altered and amended so as to read as follows: 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 to be known as the City Court of Columbus, with jurisdiction over the entire county of Muscogee, and which shall be a court of record, having concurrent jurisdiction with the Superior Court of said county, to try and dispose of all civil cases of whatsoever nature or amount, except where exclusive jurisdiction is vested by the constitution and laws of this State in the Superior Court. But all civil cases brought to said City Court, wherein the sum claimed is less than fifty dollars, shall be entered on a separate docket to be provided for that purpose. Said docket shall not be called at any time until the juries for the term are discharged, and when called the cases on said docket for trial or judgment shall be heard and determined as to law and facts by the judge without the intervention of a jury. First section amended. Section as amended. Jurisdiction increased. Dockets.

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Sec. II. Be it further enacted , That section 5 of the aboverecited Act, which now reads as follows: Section V. Be it further enacted, That there shall be a grand and 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 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, be altered and amended so as to read as follows: Section V. Be it further enacted, That there shall be a grand jury in said court at the quarterly terms thereof, to consist of the same number and with the same qualifications as required in the Superior Court, but said grand jury shall only be summoned to pass on cases in which the parties charged with offenses refuse to waive indictment by a grand jury as hereinafter provided. Said grand jurors shall each receive as compensation the sum of one ($1) dollar per day to be paid in the same manner as grand jurors serving in the Superior Court are paid. There shall be drawn from the petit jurybox, as hereinafter provided, eighteen jurors to serve as petit jurors in said court, and from said eighteen jurors the plaintiff and defendant in civil cases, and the State and defendant in criminal cases, shall each strike three, and the remaining twelve shall constitute the jury. Section five amended. Section as amended. Grand jury for City Court. Petit jurors. Strikes. The defendants in criminal cases in said City Court may be tried on written accusation, setting forth plainly the offense and signed by the prosecuting officer of said court, and upon the back of said accusation shall be endorsed the names of the witnesses for the State relied on to make out said charge. Said accusation shall be founded on affidavit made by the prosecutor before the judge of said court, which shall be attested by said judge. Upon such affidavit and accusation being made out

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and signed and filed in the clerk's office, it shall be the duty of the judge of said court to issue a warrant for the apprehension and arrest of the defendant, to be directed to the Sheriff of said county, or his lawful deputy, and to all and singular the Sheriffs and constables of the State of Georgia: Provided , that it shall not be necessary for said judge to issue said warrants when the defendants have already given bond for their appearance at court; but the solicitor shall file no accusation or affidavit as aforesaid, if, in his judgment, after inquiring into the case, there exists no probable cause of prosecution against the accused. Before the arraignment of a defendant, the said judge shall inquire of him whether he demands an indictment by the grand jury, and the response of the defendant shall be endorsed on the said accusation and signed by the prosecuting officer of said court. If the defendant demands indictment, or stands mute, the judge of said court, if at a regular quarterly term, shall order the Sheriff or his deputies to summon a full panel of such persons as are competent and liable to serve as grand jurors in the Superior Court of said county, and it shall be the duty of said jurors to meet at the time and place mentioned in said summons, and when so assembled they shall be duly organized and sworn as a grand jury, and be required to act only upon cases as above specified, wherein the accused may have demanded an indictment, and it shall be the duty of the judge to so order and regulate the proceedings in all such cases as to avoid as far as possible continuance of cases on account of demands having been made therein for indictments, and said judge shall so order and arrange that said grand jury, when summoned as aforesaid, shall pass on all the cases then on the docket wherein indictments shall be demanded, so that if possible said grand jury shall not be required to sit longer than one day at any term of said court. Accusation in criminal causes Warrant thereon. Proviso. Demand for indictment. Proceeding thereon. If the defendant demands indictment by a grand jury, and said court is not sitting at a regular quarterly term, the judge shall continue said case to the next quarterly term, admitting the defendant to bail to appear at said term, if he has not already given bond for his appearance, or on his failure to give bond shall commit him to jail until the next quarterly term of said court. Continuances for. Bail. 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 also be endorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury, or stands mute, the judge of said court, if at a quarterly term thereof, shall proceed with said cause according to the rules and laws of the Superior Court

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applicable to the trial of misdemeanors. If the defendant demands a trial by jury, or stands mute, and the said court is not sitting at a quarterly term, the judge shall continue the case to the next quarterly term, admitting the defendant to bail to appear at the next quarterly term, if he has not already given bond for his appearance, or on his failure to give bond shall commit him to jail until the next quarterly term of said court. If the defendant waives trial by jury, then the said judge shall proceed to hear and determine such criminal cases and pronounce judgment thereon without a jury 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. Waiving indictment and trial by jury. Trial. Continuances for. When trial by jury waived. Proviso. Sec. III. Be it further enacted , That section ten of the above recited Act, which now reads as follows: Section 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 exception 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 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 to the Superior Court by bill of exceptions, the clerk need not make a transcript of the record, but shall send up the entire record and papers of file in the City Court, be altered and amended to read as follows: 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

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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. Section ten amended. Section amended. Sec. IV. Be it further enacted , That section eleven of the above-recited Act, which reads as follows: Section 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 three ($3) dollars, 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 criminal and civil, 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 the 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, be altered and amended so as to read as follows: Section XI. Be it further enacted, That in addition to the quarterly term of said court, mentioned in the ninth section of the Act of which this Act is amendatory, the judge of said court shall be required to hold monthly terms of said court at the court-house in said county on the first Saturday after the first Monday in each month, and at said monthly terms no jury shall be required to attend and no cause shall be tried except criminal cases. The judge of said court may continue criminal cases from said monthly terms to the following quarterly terms of said court in his discretion, and he may in like manner continue criminal cases from the quarterly terms of said court to the monthly terms thereof. The judge of said court may adjourn said monthly terms from day to day as the business of said court may, in his discretion, require. In case of the absence of said judge, or his inability to attend from any cause at any term of said court, either monthly or quarterly, 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. Section eleven amended. Section as amended. Monthly terms. For criminal causes. Continuances of. Adjournment. Absence of judge, 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 December 27th, 1886.

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REPEALING ACT ABOLISHING COUNTY COURT OF NEWTON COUNTY. No. 125. An Act to repeal an Act entitled an Act to repeal an Act to establish a County Court and to abolish the County Court of Newton county, and for other purposes, approved February 13th, 1877, 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 repealing the law with regard to County Courts, so far as it relates to Newton county, and abolishing the County Court of Newton county, approved February 13th, 1877, be, and the same is hereby repealed, but said County Court may be re-established as now provided by the law for the establishing of County Courts; that is, when a majority of the grand jury shall recommend its establishment: Provided , that this Act, or any part thereof, shall not be construed to repeal an Act, approved February 27th, 1877, entitled An Act to establish a board of county commissioners for the county of Newton and to define the powers and duties thereof. Act abolishing County Court repealed. Court may be re-established, how. Proviso. Approved December 28th, 1886.

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TITLE IV. GAME, ETC. ACTS. Amending game law for Effingham county. Game law for Pulaski county. Game law for Richmond county. Fishing in Little Ohoopie river in Washington county. AMENDING GAME LAW FOR EFFINGHAM COUNTY. No 13. An Act to repeal an Act entitled An Act to prohibit persons from fishing and hunting with dogs and fire-arms 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, approved September 4th, 1885, with a proviso, and for other purposes. Section I. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same , That an Act entitled an Act to prohibit persons from fishing and hunting with dogs and fire-arms 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, approved September 4th, 1885, be, and the same is hereby repealed: Provided , the repeal of the afore-described Act shall not be construed to give persons the privilege to remain on the land of another with dog, gun or net or otherwise after being ordered off by the owner or agent of said land; any person refusing to leave after being so ordered shall be liable to an action for trespass as in other cases provided. Act of Sept. 4, 1885, repealed. 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 December 10th, 1886.

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GAME LAW FOR PULASKI COUNTY. No. 98. An Act to prohibit hunting or fishing on the lands of another in Pulaski county without the consent of the owner of the land. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for any person to hunt with dogs or fire-arms, or implements of any kind, on any lands in the county of Pulaski without the consent of the owner of the lands or the persons having said lands in charge. Hunting without consent forbidden. Sec. II. Be it further enacted , That it shall not be lawful for any person to catch or entrap fish with hooks and lines, seins, gill-nets, cast-nets, or in any other way, in any streams or ponds on any lands in the county of Pulaski without the consent of the owner of the lands or the persons having said lands in charge. Also as to fishing. Sec. III. Be it further enacted , That for every violation of this Act, the person offending shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Revised Code of 1873: Provided , the provisions of this Act will only apply to the lands that may be posted by the owners or controllers thereof. Penalties. 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 24th, 1886. GAME LAW FOR RICHMOND COUNTY. No. 108. An Act for the protection of game in Richmond county. The General Assembly of the State of Georgia hereby enacts as follows, to-wit: Section I. That any person who shall, in the county of Richmond, at any time or in any manner, hunt, wound, kill or take any fawn, shall on conviction be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or by imprisonment not to exceed one month, or, in the discretion of the court, by both fine and imprisonment as herein provided. Hunting, etc., of fawns prohibited. Penalty. Sec. II. That any person who shall, in said county, at any time before the first day of October in the year eighteen hundred and eighty-eight in any manner hunt, wound, kill or take any buck deer or any doe deer, or who, after said first day of October,

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shall in said county hunt, wound, kill or take any buck deer or doe deer at any other time than between the first day of October and the thirty-first day of December in each year, or in any other manner than with dog or by shooting, in the day time, shall on conviction be punished as prescribed in the first section of this Act. Hunting, etc., of deer before Oct. 1, 1888, prohibited. After said date. Penalty. Sec. III. That any person who shall in said county in any manner hunt, wound, kill or take any wild turkey or any partridge between the first day of April and the fifteenth day of October in each year, or any summer-duck or any dove between the first day of April and the fifteenth day of August in each year, or any woodcock between the first day of January and the fifteenth day of August in each year, shall on conviction be punished as prescribed in the first section of this Act. Hunting, etc., of wild turkeys, except at certain times, prohibited. Doves, ducks and woodcock. Penalty. Sec. IV. That any person who shall in said county, at any time or in any manner, net, snare or trap, or set any net, snare or trap for any buck deer, doe deer, fawn, wild turkey, partridge, summer-duck, dove, woodcock, English duck, teal, snipe, plover or any wild game bird, or poison or set out poison for any partridge or dove, or disturb, injure or destroy the nest of any wild turkey, partridge, summer duck, dove or woodcock, or rob the nest of any wild turkey, partridge, summer-duck, dove or woodcock of its eggs or young, or buy or sell, or offer to sell, or have in his possession the eggs or unfledged young of any wild turkey, partridge, summer duck, dove or woodcock, shall on conviction be punished as prescribed in the first section of this Act. Snaring, trapping, etc., of game prohibited. So as to poisoning. Or disturbing nest. Or buying or selling, etc., of eggs, etc. Penalty. Sec. V. That any person who shall in said county buy or sell, or offer to sell, or have in his possession any wild turkey or any partridge between the first day of April and the fifteenth day of October in each year, or any summer-duck or any dove between the first day of April and the fifteenth day of August in each year, or any woodcock between the first day of January and the fifteenth day of August in each year, shall on conviction be punished as prescribed in the first section of this Act. Buying or selling, etc., of certain game prohibited. Penalty. Sec. VI. That the possession in said county by any person of any wild turkey, full-fledged and alive, or of any partridge, full-fledged and alive, between the fifteenth day of October in each year and the first day of April next succeeding, or of any summer duck full-fledged and alive, or of any dove full-fledged and alive, between the fifteenth day of August in each year and the first day of April next succeeding, or of any woodcock full-fledged and alive, between the fifteenth day of August in each year and the first day of January next succeeding, shall be prima facie proof that such possession has been obtained by such person by netting, snaring or trapping such wild turkey, partridge, summer-duck, dove or woodcock contrary to the provisions of this Act; that on any prosecution under this Act for the buying or selling of any wild turkey, partridge, summer-duck, dove

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or woodcock, or the eggs or unfledged young of any wild turkey partridge, summer-duck, dove or woodcock, the seller or buyer, as the case may be, shall be a competent witness and compelled to give testimony, and nothing then said by such witness shall at any time be received or given in evidence against the said witness, except on an indictment for perjury, in any matter to which he may have testified; that in this Act the term summer-duck shall be taken and held to mean the bird commonly called by that name, though sometimes termed wood-duck, and the term partridge shall be taken and held to mean the bird commonly called by that name, though sometimes termed quail; that it shall be lawful for any person finding in said county any net, snare or trap set, used or meant for the taking of any buck deer, doe deer, fawn, wild turkey, partridge, summer-duck, dove, woodcock, English duck, teal, snipe, plover, or any wild game bird forthwith to destroy said net, snare or trap; that it shall be the duty of the Sheriff, deputy sheriffs and county constables of said county, and of all county or municipal police in said county, to report forthwith any violations of this Act coming to their knowiedge to the Solicitor-General of the Augusta circuit, or to the solicitor of the City Court in said county, and that one-half of all fines imposed and collected under this Act shall be paid to the prosecutor in the case wherein such fine is imposed and collected, and the other half, as also the net proceeds of all forfeitures on recognizance in cases under this Act, shall be paid to the County Treasurer of said county, to the credit of a separate account, to be called the game law fund, on which fund, but on none other, the commissioner of roads and revenues of said county shall draw his order in favor of the prosecutor in any case under this Act, where a fine has been imposed but not collected, for an amount equal to one-half the amount of the fine so imposed, such orders to be paid in order of date; and Possession of certain game at certain times prima facie evidence of guilt. Seller or buyer compelled to testify. Meaning of summer duck. Of partridge. Destruction of nests, etc. Reports of officers. Fees of prosecutor. Game law fund. Sec. VII. That the following Acts and parts of Acts, to-wit, An Act to prevent the shooting, netting and hunting of partridges, doves, snipe, turkeys, ducks, or other game birds in Richmond county, within certain times and for other purposes, approved December, 19th, 1859 (which Act prohibits the shooting, hunting or netting of said birds in said county between the tenth day of April and the first day of October in each year under a penalty of fine and imprisonment, in the discretion of the court) and sections two (2) and three (3) of An Act to prevent the destruction of insectivorous birds, and to make penal the killing, trapping or other destruction of game in the counties of Richmond, Dougherty and Randolph during certain seasons of the year, and to prohibit the destruction of fish by poison, drugs or other deleterious substances, and for other purposes, approved February 22d, 1874, (which sections provide that any person who shall in said counties trap, snare or net any partridge, except upon his own land,

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or shall shoot, kill, trap or otherwise destroy any deer or partridge between the first day of April and the first day of October in each year, shall be punished as prescribed in section 4310 of the Code of Georgia), so far as said sections two (2) and three (3) relate to Richmond county, and all other Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed. Certain Acts as to game,etc., repealed. Approved December 27th, 1886. FISHING IN LITTLE OHOOPIE RIVER IN WASHINGTON COUNTY. No. 114. An Act to regulate fishing in the waters of the Little Ohoopie river within the bounds of Washington county. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That it shall be unlawful for any person to fish with seins, drag-nets or othewise, except by hook and line, in the waters of the Little Ohoopie river, in the county of Washington. Fishing, except by hook and line, prohibited. Sec. II. Be it further enacted , That any person violating the provisions of the foregoing section be punished as prescribed in section 4310 of the Code of 1882. Penalty. Sec. III. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27th, 1886.

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TITLE V. REGISTRATION. ACTS. Repealing registration law for Spalding county. Repealing registration law for Effingham county. Amending registration law for Washington county. Repealing registration law for Elbert county. Registration law for Decatur county. Amending registration law for Muscogee county. REPEALING REGISTRATION LAW FOR SPALDING COUNTY. No. 11. An Act to repeal an Act to provide for and require the registration of voters in Spalding county, Georgia, for all elections in which a general vote of the county is had; to provide who shall act as register of voters; to designate their duties and the manner of fixing their compensation; to provide where voters shall vote, and for other purposes, approved October 6th, 1885. Section I. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same , That from and after the passage of this Act, that 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 register of voters; to designate their duties and the manner of fixing their compensation; to provide where voters shall vote, and for other purposes, approved October 6th, 1885, be, and the same is hereby repealed. Registration law for Spalding county repealed. Sec. II. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 7th, 1886.

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REPEALING REGISTRATION LAW FOR EFFINGHAM COUNTY. No. 12. An Act to repeal an Act entitled An Act to provide for the registration of the legal voters of Effingham county and to provide a penalty for illegal voting, approved October 12th, 1885. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That an Act entitled An Act to provide for the registration of the legal voters of Effingham county and to provide a penalty for illegal voting, approved October 12th, 1885, be, and the same is hereby repealed. Registration law 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 10th, 1886. AMENDING REGISTRATION LAW FOR WASHINGTON COUNTY. No. 14. An Act to amend an Act entitled 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, approved October 3d, 1885, so far as the same relates to the county of Washington. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, section first of the above-recited Act shall be amended, so far as the same relates to the county of Washington, as follows: By striking out the following words of said section, to-wit: 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, and inserting in lieu thereof the following words: Said registrars shall write or stamp the words Registered for elections in 18, with date of registration and name

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of registrar, both on the tax receipts and upon the stub in their book of tax receipts, the blank in the year to be filled with the year in which they are qualified to vote, which will qualify the voter to vote at any election to be held that year in the militia district where registered: Provided , he has paid all former taxes due from 1878, inclusive, until and including the year next preceding the election (as required by the constitution) and otherwise complied with the provisions of this Act. The books of said registrar shall be closed fifteen days before each election, except as otherwise provided by this Act. All persons voting shall vote in the district in which they reside: Provided , there is a voting precinct established by law in such militia district, and if none, then in any adjoining militia district in which they may register where there is a voting precinct established by law, so that said section, when amended, shall read as follows: 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 write or stamp the words Registered for elections in 18, with date of registration and name of registrar on the tax receipts and upon the stub in their book of tax receipts, the blank in the year to be filled with the year in which they are qualified to vote, which will qualify the voter to vote at any election to be held that year in the militia district where registered: Provided , he has paid all former taxes due from 1878, inclusive, until and including the year next preceding the election (as required by the constitution) and otherwise complied with the provisions of this Act. The books of said registrar shall be closed fifteen days before each election, except as otherwise provided by this Act. All persons voting shall vote in the district in which they reside: Provided , there is a voting precinct established by law in such militia district, and if none, then in any adjoining militia district in which they may register where there is a voting precinct established by law. 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

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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. Section one of Act of Oct. 3, 1885, amended. Record of registry. Proviso. Closing books. Where voting must be. Section as amended. Sec. II. Be it further enacted , That the second section of the above-recited Act shall be amended by striking out the word registered in the sixteenth line and inserting in lieu thereof the words registered for elections in 18, with date of registration and name of registrar, as aforesaid; also by striking out the words of his residence in the eighteenth line of said section and inserting in lieu thereof the words in which he is registered; also by striking out of the word registered in the twentieth line of said section, so that said section, when amended, shall read as follows, so far as the same relates to the county of Washington: That the said board of commissioners of roads and revenue, or the Ordinaries, as the case may be, shall cause to be printed said alphabetical lists of said voters so registered, and shall cause to be furnished to the managers of election at each precinct copies of the lists of registered votes 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 said managers shall not permit any person to vote at said election whose name does not appear on said list, 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 words registered for elections in 18, with date of registration and name of registrar, as aforesaid, stamped or written on it by said registrar, shall be entitled to vote in the district in which he is registered, 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 upon tax the 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. Section two amended. Section as amended. Sec. III. Be it further enacted , That the fourth section of the above-recited Act, which provides, That when two or more elections occur within sixty days of each other in the same year,

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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 be made out and used in the manner prescribed in this Act for the original registration, be, and the same be stricken out and the following words substituted in lieu thereof, so far as the same relates to the county of Washington, to-wit: That when two or more elections occur within the same year, the registration lists for the first election (for the whole county or any district in said county) shall be used for any succeeding election, and the books of said registrar shall be kept open until fifteen days before said election, so that names of persons who are qualified voters may be added if application be made: Provided , that when an election occurs on the first Wednesday in January for county officers, the books shall not be closed before the night of the twentieth day of December, although the election may be less than fifteen days off. The Ordinary of the county may act as deputy registrar, and is authorized to appoint the notaries public, or any member thereof, if necessary, in the several militia districts to assist in supplementing the registrar's list, and in case of the refusal to act, or if there be no notary public in any district, the Ordinary is authorized to appoint some other fit and suitable person, but no deputy shall enter upon the discharge of the duties of his office until he has been duly qualified by the Ordinary, as in case of the registrar. Section four stricken. Substituted section. Two or more elections in same year. Proviso. Ordinary may be deputy registrar. Supplemental registrars. 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 10th, 1886.

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REPEALING REGISTRATION LAW FOR ELBERT COUNTY. No. 17. An Act to repeal so much of an Act entitled an Act to require and provide for the registration of all voters in the county 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, approved October 3d, 1885, as applies to the county of Elbert, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, that so much of the provisions of an Act entitled 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, approved October 3d, 1885, as apply to and embrace the county of Elbert be, and the same are hereby repealed. Registration law for Elbert county repealed. Sec. II. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 14th, 1886.

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REGISTRATION LAW FOR DECATUR COUNTY. No. 18. An Act to provide for the registration of the qualified voters of Decatur county, and to provide that the same shall be done before the Tax Receiver of said county; to prescribe his duties in this connection and fix his compensation; also to fix the time, place and manner of such registration, and to provide that voters shall register and vote in their respective militia districts in which they reside and not elsewhere; also to provide that no person shall be entitled to vote in any election hereafter to be held in said county of Decatur 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, and for other purposes. Section I. Be it enacted by the General Assembly of this State , That from and after the first day of January, 1888, it shall be unlawful for any person to vote, or attempt to vote, in any election in the county of Decatur without having registered in the manner as hereinafter provided. Voters must register, when. Sec. II. Be it further enacted by the authority aforesaid , That the Tax Receiver of said county of Decatur shall be the registrar of said county, and shall, before entering upon his duties as such, before the Ordinary of said county, 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. Registrar. Oath. Sec. III. Be it further enacted , That it shall be the duty of the Tax Receiver of said county, during the year of 1888, and biennially thereafter, or during each year as elections are held for Governor, members of the General Assembly, members of Congress and presidential electors, to keep a book in which he shall enter upon the personal application of any person entitled under the constitution and laws of the State of Georgia to vote in any election in this State: Provided , all persons applying to be registered shall do so in the respective militia districts in which they reside, and shall be registered in and for said districts, and before registering such persons said registrar shall administer to them the following oath: I do swear that I reside in..... district, G. M., of said county; that I have attained the age of twenty-one years; that I am a citizen of the United States and have resided

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for the last twelve months in this State next preceding the elections to be held in October next and six months in the county of Decatur next preceding said election; that I have paid all taxes since the adoption of the present constitution of this State that have been required of me previous to this year, and which I have had an opportunity to pay. Book of registration. Voters must register in their district. Oath for registry. Sec. IV. Be it further enacted , That all persoas shall be required to register and vote in the respective militia districts in which they reside. Voting must be in district of residence. Sec. V. Be it further enacted , That no person shall be entitled to vote at any election in said county unless he shall have registered as required by this Act, and any person who has not registered, and who shall vote or attempt to vote at any election, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. Sec. VI. Be it further enacted , That said Tax Receiver shall enter the names of such persons as register in his books of registration in alphabetical order, keeping a separate list of the white voters and a separate list of the colored voters. Entry and lists. Sec. VII. Be it further enacted , That on the fifteenth 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 twentieth day of September thereafter, he shall file with the Ordinary of said county the original books of registration. Close of book. Filing same. Sec. VIII. Be it further enacted , That it shall be the duty of the Ordinary of said county to make out for each militia district a complete list of the white registered voters and also of the colored registered voters separately and in alphabetical order of each militia district, and send the same to the justice of the peace of each district when he sends the election blanks to said districts to be used by the managers of the election in said districts. When said election is over, said justices of the peace or managers of elections shall return said list to the Ordinary, to be preserved by him until the elections thereafter, when the same course shall be pursued with said lists. Lists to be sent to justices of the peace. When to be sent. To be returned and preserved. Sec. IX. Be it further enacted , That any person offering to vote at any election in said county shall be subject to challenge under the same rules and regulations as now govern, notwithstanding the provisions of this Act. Challenges Sec. X. Be it further enacted , That the Tax Receiver shall receive one hundred dollars for his services in this connection to be paid out of the general funds in the treasury of said county upon the order of the county commissioners. Compensation of registrar. Sec. XI. Be it further enacted , That nothing herein contained shall apply to any person or persons arriving at the age of twentyone years after the book of registration has been closed and before

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the election at which he offers to vote: Provided , he is other wise qualified to vote under the laws of this State. Voters coming of age after closing book. Proviso. 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 14th, 1886. AMENDING REGISTRATION LAW FOR MUSCOGEE COUNTY. No. 61. An Act to amend an Act entitled an Act to provide for and require the registration of voters in the county of Muscogee, and for other purposes, approved October 17th, 1885. Section I. Be it enacted by the General Assembly of the State of Georgia , That section one of the above-recited Act be amended by striking from the fifth line thereof the words a freeholder and, so that, as amended, it shall not be necessary for a registrar to be a freeholder. Not necessary for registrar to be freeholder. Sec. II. Be it further enacted , That section two of said Act be amended by striking out the first portion thereof, which has reference to the time and period of registration, down to the words all applications, in the eleventh line, and in lieu thereof insert the following: Section 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 times and places designated in their respective districts for at least 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 the period named by the commissioners 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 thirty days' attendance shall be apportioned between the places, of which notice shall be given in the publication aforesaid. The day for opening and closing the books shall be so appointed that, after allowing a period of at least thirty days for registration, the books shall close at least ten days before said first election. Section two amended. Section as amended. Sec. III. Be it further enacted , That section three of said Act be amended by striking out the words thirty days in the first and second lines and insert in lieu thereof the words, the time prescribed for registration as aforesaid. Section three amended. Time for registration.

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Sec. IV. Be it further enacted , That section four of said Act be amended by adding thereto the following: Any qualified voter of said county, who is absent therefrom during the entire time of registration, may make the affidavit prescribed, alleging therein the fact of such absence, before the registrar of his district, and the registrar shall deliver the affidavit to the Ordinary and give to the affiant a certificate that he has made the constitutional oath and oath of absence, and this shall be equivalent to a registration. Section four amended. Absent voters. Sec. V. Be it further enacted , That the above-recited Act be so amended that hereafter there need be but one general registration, as therein provided, every two years, unless otherwise ordered by the commissioners, the first general registration to be immediately previous to the next regular election for Governor. Should there be any election throughout the whole county in the interval, not covered by the general registration, there shall be a supplemental registration therefor, to be governed by the same rules, regulations and provisions as the general registration, in so far as the same can, in the judgment of the commissioners, be applied with the following exceptions: There shall be but one registration book for the entire county; it shall be opened at the court house; any citizen of the county, otherwise qualified to vote, may register there, who has not already registered at the previous general registration. Voters who have registered or may hereafter register at any general registration need not do so at the supplemental registration, nor at more than supplemental registration, but the list of voters for elections occurring within the interval aforesaid shall be prepared from the last general registration and the subsequent supplemental ones, and none shall vote at such elections who have not registered. One general registration every two years. When to be had. Supplemental registration. Exceptions One book only, 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 December 23rd, 1886.

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TITLE VI. ROADS. ACTS. Election as to road laws of Chattooga county. Amending road law of Whitfield county. ELECTION AS TO ROAD LAWS OF CHATTOOGA COUNTY. No. 94. An Act to provide for the submission to a vote of the qualified voters of Chattooga county, at an election to be held for that purpose, of the question of the repeal of an Act entitled An Act to alter and amend the road laws of this State so far as relates to the county of Chattooga, and to authorize the board of roads and revenues, or if no board, then the Ordinary of said county, to levy and collect a tax for road purposes, approved September 26th, 1883, as well as of the two Acts amending said Act, approved respectively December 22nd, 1884, and September 4th, 1885, and for other purposes. Section I. The General Assembly of the State of Georgia do enact , That upon application by petition in writing, signed by as many as fifty persons, who are by law qualified to vote for members of the General Assembly, in the county of Chattooga, the Ordinary thereof shall order an election to be held at the usual places of holding elections, in and for said county, to take place not less than twenty nor more than thirty days from the filing of such petition with said Ordinary, to determine whether an Act entitled An Act to alter and amend the road laws of this State so far as relates to the county of Chattooga and to authorize the board of roads and revenues, or if no board, then the Ordinary of said county to levy and collect a tax for road purposes, approved December 26th, 1883, as well as the two Acts amending the above recited Act, approved respectively December 22nd, 1884, and September 4th, 1885, which said several Acts provide

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for working the public roads of said county by taxation and contract, shall remain of force in said county, or shall be repealed, and superseded by the general road laws of this State: Provided , the said Ordinary shall determine upon the sufficiency of such petition by reference to the latest digest of tax returns made in said county. Petition for election. When to be held. Questions to be voted on. Proviso. Sec. II. Be it further enacted , That notice of such election, as is by this Act provided for, shall be published by said Ordinary in at least three issues of the newspaper in which his official advertising is done, and such other notice may be given as the Ordinary may think proper to give general publicity to the election. Such election shall be held under the same regulations as are by law prescribed for holding elections for members of the General Assembly, except as are herein otherwise provided; all persons who at the date of such election would be qualified to vote for a member of the General Assembly in said county shall be entitled to vote in said election. Notice of election. Regulations for election. Sec. III. Be it further enacted , That all persons voting at the election provided for in section first of this Act who are in favor of the road law, as contained in the Acts described in said first section, shall have written or printed on their tickets, For the new road law, and all those who are opposed to said road law shall have written or printed on their tickets, Against the new road law. Ballots. Sec. IV. Be it further enacted , That all managers of the election held under this Act shall keep duplicate lists of voters and tally-sheets, and it shall be the duty of such managers, on the day following such election, to deliver to the Clerk of the Superior Court of said county, to be filed in his office, one list of voters and tally-sheet, as well as the ballots cast at such election, to said Ordinary, who shall at once proceed to consolidate the returns, and should any question or contest be raised or tendered in the counting or consolidation of such return, the Ordinary shall summarily decide such questions or such contest after having all pertinent evidence which may be offered in such matters, and so soon as he has consolidated said returns it shall be his duty to declare the result of such election. Lists of voters, etc. Returns. Contests. Declaration of reult. Sec. V. Be it further enacted , That should a majority of the votes cast at said election be For the new road law, then the existing road law of said county, as contained in the acts in this Act described, shall remain of force in said county as if no such election had been held; but should a majority of the votes cast at said election be Against the new road law, then the Ordinary shall so declare, and thereupon said existing road law shall at once cease to be of force in said county, and the general road law of this State shall become the road law of said county: Provided , that all contracts made under said special Acts and not fully executed at the date of said election shall be fully carried out so far

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as may be done consistently with this Act, unless the same shall be rescinded by agreement of the Ordinary and the contractor: Provided further , that should any money remain on hand belonging to the road fund under said Acts after all contracts have been carried out, then the same shall be by the holder thereof turned over to the County Treasurer to be used in the payment for special and extraordinary work when done upon the roads of said county. Result of election. Proviso. Road fund. Sec. VI. Be it further enacted , That so soon as the petition mentioned in the first section of this Act shall be filed with the Ordinary it shall be his duty to notify the supervisor of public roads of the county of the filing of such petition, and after the filing of such petition no contract shall be made by said supervisor with any person prior to said election for work to be done on any public road, and if made, no such contract shall be valid: Provided , such contract may be made to meet temporary emergencies. No contract after petition filed. Proviso. Sec. VII. Be it further enacted , That no second election shall be held under the provisions of this Act. No second 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 December 24th, 1886. AMENDING ROAD LAW OF WHITFIELD COUNTY. No. 96. An Act to amend 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, approved December 18th, 1884. Section I. Be it enacted by the General Assembly of the State of Georgia , That the commutation tax allowed by said Act in lieu of the four days' work upon the public roads shall be three dollars instead of two dollars. Commutation tax. Sec. II. Be it further enacted , That said commutation tax when collected by the road commissioners, shall not be paid over to the County Treasurer, as required by said Act, but shall be retained by said commissioners, and expended for labor or material to improve the public roads in the districts where collected in such way and manner as may be, in the judgment of said commissioners, for the greatest public good. Payments from. Sec. III. Be it further enacted , That the overseers of the roads liable to do road duty shall be required to do the same amount

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of labor or pay the same commutation tax required of all persons in said county subject to do road duty. Overseers of roads. Sec. IV. Be it further enacted , That the ad valorem property tax apportioned among the road districts under the provisions of said Act shall be used for the improvement of the public roads, or any one or more of them, in such way and manner as the road commissioners of each district may in their judgment deem best for the permanent improvement of said roads, and shall not be required to expend the same through the road overseers. Use of proportion of ad valorem road tax. Sec. V. Be it further enacted , That section 3rd of said Act requiring the road commissioners to meet at the court-house four times in the year be, and the same is hereby repealed. Section four repealed. 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 24th, 1886.

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TITLE VII. FENCES AND STOCK. ACTS. Stock law for portion of Dougherty county. Stock law for 529th district, G. M., of Crawford county. STOCK LAW FOR PORTION OF DOUGHERTY COUNTY. No 93. An Act to prevent the running at large in all that portion lying west of Flint river, in Dougherty 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 six months after the passage of this Act, 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 all that portion of Dougherty county lying west of Flint river, 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 said animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Stock law for land west of Flint river. Stock not to run at large. Liability for damuges. Sec. II. Be it further enacted , That if any animal or animals enumerated in the foregoing section shall commit any trespass, or shall be going at large in said portion of 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 till the owner thereof shall make full satisfaction and reparation in damages

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committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided. Impounding. Until satisfaction is made. 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 animals 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 owner of such animals shall fail to replevy them as above provided, then the party may within forty-eight hours make complaint to the justice 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 of impounding, care and feed of such animals, which shall be enforced by execution, levy and sale as other judgments of such justice. Duty of person impounding. Notice to owner, etc. Failure to agree. Indemnity bonds. Failure to replevy. Suit for damages. Trial. Election, etc. Sec. IV. Be it further enacted , That if the person impounding such animals shall not know, or shall not ascertain the owner thereof within three days from the time of impounding the same, they shall be disposed of as provided by law in 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. Owner unknown. Disposed of as estrays. Disposition of proceeds Sec. V. Be it further enacted , That whenever any of said animals are impounded as hereinbefore prescribed, if any person or

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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 December 24th, 1886. STOCK LAW FOR 529TH DISTRICT, G. M., OF CRAWFORD COUNTY. No. 122. An Act to require the owners of horses, mules, cows, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of another within the 529th district, G. M, of originally Houston, now Crawford county; to define the liabilities of said owners and the rights of persons damaged by stock running at large, 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 an election hereinafter provided, and the declaration of the result of the same, it shall not be lawful for persons owning horses, mules, cows, sheep, hogs or stock of any kind to permit the same to run at large upon the lands of another within the 529th district, G. M., of originally Houston, now Crawford county, and any person allowing the same to run at large within said district shall be liable for the actual damage which said animal or animals may commit upon the premises of another, to be recovered as hereinafter provided. Stock not to run at large. Liability for damage done. Sec. II. Be it further enacted , That if any such animal or animals enumerated in the foregoing section shall commit any trespass, or shall be going at large in said district in said county upon the premises of another than the owner, it shall be lawful for the owner or person in charge of said premises to impound such animal or animals and retain them until the owner thereof shall make full satisfaction or reparation for the actual damage committed, including all costs and expenses in impounding and keeping the same unless disposed of as hereinafter provided: Provided further , that the owner of said animal or animals shall be liable to the amount of said actual damages so committed, whether said animals qe impounded or not. Impounding.

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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 of such animal, if known, notice of the facts of such impounding in twenty-four hours, and the amount of damages committed and the costs and expenses of impounding, feeding and keeping the same, and in the event the parties shall fail to agree upon the amount to be paid by the owner of such animal, or such owner shall fail or refuse to pay the same, then the owner of such animal or animals may relieve them from the pound by giving to the party damaged a good and sufficient bond, with security in double the amount of the damages claimed, for the forthcoming of such animal to answer any judgment that may be obtained against him in any suit to be commenced in six months from the 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 replevy them as above set forth, then the party may file his complaint in any justice or other court having jurisdiction of the same, setting forth the amount claimed, and the subsequent proceedings in said suit shall be the same as in other suits before said courts, except that the said suit shall stand for trial at the first term of the court after the filing of the same; any judgment that may be rendered in favor of the plaintiff or any suit originating under the provisions of this Act shall have a special lien on the animal or animals impounded from the date of the trespass complained of superior to all other liens, except liens for taxes, and shall be enforced by execution as in other cases; whenever any case is tried in a justice court either party dissatisfied with the judgment of the court may enter an appeal or certiorari as in other cases. Care of impounded animals, etc. Notice to owner. Failure to agree or pay. Forthcoming bond. Suit for damages. Trial. Lien of judment, etc. Sec. IV. Be it further enacted, etc. , That if the person impounding such animal or animals shall not know or shall not ascertain the owner thereof within three days from the time of impounding the same, they shall be disposed of as provided by law in cases of estrays, except that in the case any animal or animals shall be sold under the provisions of the estray law, the proceeds of such sale 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 said animal or animals. When owner is unknown. Proceeds of sale under estray law. Sec. V. Be it further enacted , That whenever any of said animals are impounded under the provisions of this Act, 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 impounding them, or without duly replevying them as set forth in this Act, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 4310 of the Code of 1882. Breaking pound. Penalty.

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Sec. VI. Be it further enacted, etc. , That the provisions of this Act shall not go into operation until the same shall have been ratified by a majority of the freeholders of said district voting at an election to be held for that purpose in accordance with the following terms: On the first Saturday in January after the passage of this Act, there shall be held an election at the regular election precinct in said district, which shall be conducted in the same manner as the election for members of the General Assembly. At said election only the freeholders in said district shall vote, and those in favor of ratifying this Act shall write or print upon their tickets the words, No fence, and those opposed to its ratification, the word, Fence. The superintendents of said election shall return their certificate, and all other papers connected with the election, to the Ordinary of the county, who shall count the vote and declare the result, and if the majority of the votes cast at said election shall be for No fence, then this Act shall go into operation in said district at the end of thirty days after declaration of the result by the Ordinary, who shall declare the same within five days after the certificate and papers are returned to him by the superintendents of said election. If a majority of the votes cast at said election shall be for fence, then this Act shall not go into operation and the Ordinary shall so declare. Election as to this Act. Regulations for. Who may vote. Ballots. Returns. Declaration of result. Effect of election. Sec. VII. Be it enacted , That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved December 28th, 1886.

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TITLE VIII. EDUCATION. ACTS. System of public schools for Carrollton. Amending Act of December 16th, 1851, as to free school fund of Chatham county. Extending public school term in Gordon county. Amending charter of Emory College. System of public schools for Newnan. SYSTEM OF PUBLIC SCHOOLS FOR CARROLLTON. No. 2. An Act to establish a system of public schools for the city of Carrollton, in the county of Carroll; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto. Section I. Be it enacted by the General Assembly of Georgia (the corporate authorities of the city of Carrollton having so recommended), That there shall be established in the city of Carrollton, in the county of Carroll, a system of public schools to be established, conducted and maintained as hereinafter prescribed. System of public schools to be established. Sec. II. Be it further enacted , That in conformity with article eight, section four, paragraph one of the constitution of this State, an election shall be held in the city of Carrollton, on the first Wednesday in December, 1886, on the question of establishing and maintaining public schools in said city by local taxation. All persons shall be entitled to vote at said election who are entitled to vote in the municipal election in the city of Carrollton, and under the general qualifications prescribed by the constitution of the State of Georgia, and those favoring said public school system shall have on their ballots the words, For public schools, and those opposed shall have on their ballots the words, Against public schools. Said election shall be held as elections for

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mayor and council of said city are held, and if two-thirds of the votes cast at such election shall be For public schools, then this Act shall become operative. If the result of such election shall be Against public schools, then the mayor and council of said city shall order other elections upon the same question, not oftener than once in twelve months, whenever so many as fifty qualified voters of said city shall petition them for such election, in which case ten days' notice of such election shall be given in some newspaper published in said city and by pasting the same at the court-house door. Election as to When to be held. Who may vote. Ballots. Effect of election. New elections. On petition. Sec. III. Be it further enacted , That E. G. Kramer, W. W. Fitts, J. T. Bradley, S. J. Brown, H. M. Reid and W. F. Brown are hereby created a board of school commissioners for said city of Carrollton with perpetual succession. They shall hold their offices until their successors are elected and qualified as hereinafter provided. They and their successors in office shall have power to take and hold property, personal and real, that they may acquire by purchase, donation or otherwise, in trust for said city of Carrollton, with the right to sue and the liability of being sued. School commissioners. Terms. General powers. Sec. IV. Be it further enacted , That said board of school commissioners shall elect a president, clerk and treasurer from their own number, who shall perform such duties as may be required of them. The treasurer shall give bond, payable to said board, in such sums as they may determine, conditioned for the safe-keeping and proper disbursement of the funds placed in his charge. He shall not pay out any funds, except by order of the board of school commissioners. Said school commissioners shall divide themselves into three classes by ballot or otherwise. The term of office of the first class shall expire at the end of two years, and that of the second class at the end of four years, and that of the third class at the end of six years. If vacancies happen by resignation, or otherwise, said board shall fill such vacancy by appointment for the remainder of the unexpired term. Officers of the board. Treasurer's bond. Payments from school fund. Terms of commissioners. Vacancies. Sec. V. Be it further enacted , That an election shall be held every two years at the same time and in the same manner as elections for mayor and council of Carrollton to fill the office of one of the retiring members of said board. The office of the other retiring member shall be filled by said board of school commissioners. No one shall be eligible to the office of school commissioner who is not a resident of said city, and who is not twentyone years old. Subsequent elections for commissioners. Qualifications for commissioners. Sec. VI. Be it further enacted , That said board of school commissioners shall elect a principal and other teachers for said public schools, prescribe their salaries, select text-books, prescribe

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the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government and that of the schools as they may deem necessary for the carrying out the purposes of this Act, not inconsistent with the constitution and laws of this State. They shall have power to build, purchase, lease and rent such school-houses and other property as may be necessary to carry on said schools. They may charge such entrance fee, not exceeding $3.00 per annum, for the admission of children to said schools as they may deem proper, and shall provide for the admission of children to said schools who reside out of said city, or students not within the ages of six and eighteen years of age, upon the payment of such tuition as said board may prescribe. Said board of school commissioners shall have power to provide a course of instruction for students who desire to engage in studies other than those usually included in an English education, but students who pursue such studies must pay such tuition as the board may determine is proper in addition to what is paid under the system of public schools established by this Act. Powers of commissioners. Sec. VII. Be it further enacted , That said board of school commissioners shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the mayor and council of said city, and it shall be the duty of said mayor and council to proceed to levy and collect the same: Provided , the rate of taxation under this Act shall not exceed one per centum per annum, and when collected the clerk or other collecting officer of said mayor and council shall pay the same over to the treasurer of said board of school commissioners, which shall then constitute a fund to be expended by said board in the payment of teachers, and in building, repairing, leasing or renting school-houses and other property and for defraying all other necessary expenses. Taxation for schools. Levy and collection of same. Limitation of tax. Disposition of Sec. VIII. Be it further enacted , That the county school commissioner of the county of Carroll shall pay over to the treasurer of said board of school commissioners the pro rata share of the State and county public school fund coming to said city, to be by them expended in the maintenance of said public schools. The board of school commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund so that the amount due said city may be estimated. Share of the State and county public school fund. Reports of teachers.

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Sec. IX. Be it further enacted , That said board of school commissioners shall make provision for the education of all children in said city between the ages of six and eighteen years, but separate schools shall be provided for the white and colored children. School age. Separate schools for white and colored. Building or purchasing school-houses, etc. Sec. X. Be it further enacted , That the mayor and council of said city shall have power to appropriate from time to time such sums of money for the purpose of building or purchasing school-houses and other school property for the use of the public schools herein provided for as the condition of the treasury may authorize. Sec. XI. Be it further enacted , That all laws in conflict with this Act are hereby repealed. Approved November 26th, 1886. AMENDING ACT OF DECEMBER 16TH, 1851, AS TO FREE SCHOOL FUND OF CHATHAM COUNTY. No. 3. An Act to amend an Act, approved December 16th, 1851, authorizing the justices of the Inferior Court of Chatham county to set aside and invest a sum of money to be inviolably preserved as a permanent fund for the support and maintenance of common or free schools in said county, so as to vest in the board of public education for the city of Savannah and the county of Chatham the use, disposition and control of the said fund, and for other purposes. Whereas, Since the passage of the Act, approved December 16th, 1851, to authorize the justices of the Inferior Court of Chatham county to set aside and invest a sum of money to be inviolably preserved as a permanent fund for the support and maintenance of common or free schools in said county, the board of public education for the city of Savannah and the county of Chatham has been duly chartered by the Legislature of Georgia, and vested with the full control of all common or free schools in said county, with authority to take, acquire, receive, hold and enjoy for such purpose moneys and real and personal estate: Preamble. Section I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Treasurer of the county of Chatham, immediately upon the passage of this Act, do assign, transfer and deliver to the said

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board of public education all the stocks, bonds, securities, moneys, properties and effects whatsoever in his possession or control, under the provisions of said Act of December 16th, 1851, and to this end said County Treasurer is hereby fully empowered to make all necessary or usual entries and transfers upon the books of corporations or companies. Upon making such transfer and delivery, and taking the receipt of said board of public education for all stocks, bonds, securities, moneys or effects so transferred, delivered or paid, the said County Treasurer and his securities shall stand discharged from all further liability under said Act. Such transfer and delivery shall be free from cost or charges to said board of public education. Fund held under Act of Dec. 16, 1851, to be turned over to the board of public education. County Treasurer and his sureties then relieved from liability. Sec. II. Be it further enacted by the authority aforesaid , That said board of public education for the city of Savannah and the county of Chatham shall receive, hold, use and apply said fund for the purpose of common or free school education in their sound discretion under their charter, and may employ the income or principal of said fund, in whole or in part, to pay the expense of maintaining the public schools in the city of Savannah and the county of Chatham, in the repair or improvement of existing school buildings, in the construction of new ones, in the acquisition of school sites, or as they may deem best for the cause of public education committed to their charge. Use of said funds. Sec. III. Be it further enacted , That nothing herein contained shall be construed in any manner to effect the right of the county commissioners, under laws now existing, or hereafter to be passed, to levy an extra tax, or to appropriate the surplus funds of the county, for the purposes of education, or to deprive the said county of any share of any fund for the purpose of education now existing or hereafter to be created by law or otherwise. Rights of county commissioners as to extra tax not affected. Sec. IV. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Nor their right to use surplus county funds for education, etc. Approved November 26th, 1886.

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EXTENDING PUBLIC SCHOOL TERM IN GORDON COUNTY. No. 63. An Act to extend the public school term in Gordon county, Georgia, 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 county school board of Gordon county, Georgia, 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 within the public school age out of the public school 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 school fund for more days than is now or may hereafter be provided by law for the public school term. Public school term extended. 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 December 23d, 1886. AMENDING CHARTER OF EMORY COLLEGE. No. 66. An Act to amend An Act to incorporate Emory College, in the county of Newton, approved December 10, 1836, so as to increase the number of the trustees of Emory College, and authorize the Alumni Association of Emory College to elect from their body three of such trustees, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the above-mentioned Act, incorporating Emory College, in the county of Newton, be, and it is hereby amended by the addition of three more to the number of trustees of Emory College provided for by said Act and the Acts amendatory thereof, and also by providing the mode of electing such additional trustees so as to allow said additional trustees to be elected by the Alumni Association of Emory College. Number of trustees increased.

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Sec. II. Be it further enacted by the authority aforesaid , That said Alumni Association of Emory College be, and they are hereby authorized, at their next meeting, to be held during the annual comme ncement of Emory College, in June, 1887, to elect from among the members of said association three trustees of Emory College with terms of office as follows, to-wit, one for three years, one for two years and one for one year, and that after said first election said association shall have power at each annual meeting of their body to elect in like manner the successor of the one of said three trustees whose term of office then expires. The term of office of such trustees shall be three years after the first election, and in case of vacancy, resulting from the death or resignation of any one or more of these three trustees, or from other cause, the Alumni Association shall fill the unexpired term or terms by like election at their next annual meeting. Additional trustees to be chosen by the Alumni Association, when. Terms of office. Subsequent elections. Vacancies. Sec. III. Be it further enacted by the authority aforesaid , That the trustees to be elected as aforesaid shall be entitled to all the powers and privileges, and subject to all the duties and liabilities of other trustees of Emory College, and that a certificate of their election, signed by the presiding officer, for the time being, of said Alumni Association and attested by the secretary thereof, shall be sufficient evidence thereof. Powers and privileges of such trustees. Evidence of their 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 23d, 1886. SYSTEM OF PUBLIC SCHOOLS FOR NEWNAN. No. 112. An Act to establish a system of public schools in the city of Newnan, 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 purchasing school property, building school-houses, and for other purposes, after submitting the same to the qualified voters of said city of Newnan. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, there may be established in the city of Newnan, in this State, a system of public schools to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act. Public schools may be established.

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Sec. II. Be it further enacted , That in conformity with article eight, section four, paragraph one of constitution, When the mayor and aldermen of the city of Newnan shall recommend that a system of public schools be established and maintained in the city of Newnan by carrying into effect this bill, an election shall be held in the city of Newnan on the day to be appointed by the mayor and aldermen of the city of Newnan on the question of local taxation for the support of said system of public schools, and all persons resident in said city who are qualified to vote for members of the General Assembly shall be entitled to vote in the election herein provided. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots, For public schools, and those opposed shall have written or printed on their ballots the words, Against public schools, and in case two-thirds of the qualified voters in said city shall, in said election, vote for public schools, then it shall be the duty of the mayor and aldermen of the city of Newnan annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be given by the city clerk in a newspaper, published in said city, ten days preceding said election. In case two thirds of the qualified voters of said city do not vote for public schools in any election held under this Act, an election may be held in said city by order of the mayor and aldermen of said city annually until the provisions of this Act are adopted by the vote of two-thirds for public schools. The managers of each election provided for in this Act shall count the votes and return all papers to the mayor and aldermen, who shall declare the result, certify to the same and publish it one time in a newspaper published in the city of Newnan. Before declaring and certifying to the result for publication, said mayor and aldermen shall wait until twelve o'clock m. on the day after the election, and if no notice of contest is given by that time no contest shall be had. If notice of contest is given as above allowed, the contest shall be heard by said mayor and aldermen, who shall hear and determine the same and declare and publish the result as above stated. Election as to. Who may vote. Ballots. Result of election. Notice of election. Subsequent elections. Regulation for elections. Declaration of result. Contest. Sec. III. That in case a two-thirds majority of the qualified voters of said city in any one of said elections shall vote for public schools, I. N. Orr, R. W. Andrews, P. S. Whatley, J. C. Thompson, R. D. Cole, jr., Daniel Swint, W. A. Dent, W. C. Snead, P. F. Cuttino, T. W. Powell, A. J. Lyndon, J. T. Carpenter and J. P. Brewster shall be and constitute the board of education for the city of Newnan with the right in them and their successors to take and hold in trust for the city of Newnan any grant or devise of lands or any donation or bequest of money

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or other personal property made to it for educational purposes. The terms of said board of education shall be as follows: J. T. Carpenter, Daniel Swint, R. D. Cole, jr. and W. A. Dent shall hold for one year; I. N. Orr, J. C. Thompson, T. W. Powell and J. P. Brewster shall hold two years, and R. W. Andrews, W. C. Snead, P. F. Cuttino, P. S. Whatley and A. J. Lyndon shall hold three years. Each member shall hold over after expiration of his term until his successor is elected and qualified. The elections to fill vacancies in the board occurring annually by expiration of terms shall be held annually on the same day that the municipal elections of the city of Newnan is held at the same time, subject to the same regulations and by the same managers as said municipal election for election of aldermen or mayor and aldermen, and those receiving the highest number of votes shall be declared elected. All vacancies occurring otherwise than by expiration of terms shall be filled by the remaining members of the board. If from any cause an election is not held on the designated day the board of education shall appoint a day and give notice thereof in a public gazette ten days before day of election. All members elected to succeed those whose terms have expired shall be elected for a term of three years, and until their successors are elected and qualified, and those selected by the board to fill unexpired terms shall hold for the balance of such unexpired terms. Board of education. Their powers. Terms. Elections for. Vacancies, etc. Sec. IV. Be it further enacted , That the said board of education shall elect annually a superintendent and teachers for the public schools of Newnan; 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. Superintendent teachers. Rules, etc. Management of schools. Sec. V. Be it further enacted , That said board shall organize by electing from their own number a president, a vice-president and a secretary and treasurer. The secretary and treasurer shall keep a record of all the acts of the board and keep the record thereof open to the inspection of all citizens of said city. He shall give bond for the safe-keeping and disbursement of the funds placed in his charge, the amount of the bond and the sufficiency of the security to be judged of by said board of education. Said bond shall be made payable to the city of Newnan, and said city is authorized to sue thereon to recover for any breach thereof. It shall not be lawful for said secretary and treasurer to pay out

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any funds except by the order of the board. A majority of said board shall constitute a quorum for the transaction of business. Officers of the board. Minutes. Bond of treasurer. Payment out of funds. Quorum of board. Sec. VI. Be it further enacted , That the board herein provided for shall establish such grammar schools and high schools as may be necessary for the education of the children attending the said schools. These schools shall be free to all children residing within the incorporate limits of the city of Newnan: Provided , however, said board may, in its discretion, require each child entering the grammar schools to pay a matriculation fee, not exceeding five ($5) dollars per year, in such installments as they may direct, each child entering the high schools to pay a matriculation fee, not exceeding fifteen ($15) dollars per year in such installments as the board may direct. Children of non-residents may be admitted to said schools upon such terms as may be prescribed by the board. Grammar and high schools. Free. Proviso. 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 black races, but separate schools shall be provided for white and black children. Separate schools for white and black. 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: 1st. Whatever sums may be due for teaching said school from the State school fund shall be paid to the treasurer of said board. 2d. 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 mayor and aldermen of the city of Newnan. 3d. It shall be the duty of the mayor and aldermen in raising the city taxes for the current year to provide for the sum mentioned in the estimate of the board of education, and the net sum realized by this provision shall be turned over to the treasurer of said board for the support of the schools. How funds for the system shall be raised. State school fund. Estimate by board. Taxation for. Sec. IX. Be it further enacted , That the mayor and aldermen of said city of Newnan shall have power and authority to issue bonds of said city, not to exceed twenty thousand dollars in amount, to run for such length of time or times, none longer than thirty years, as the mayor and aldermen of the said city of Newnan may think advisable, and to bear interest at a rate not exceeding seven per cent. per annum, payable semi-annually, and to sell the same, the proceeds to be applied to the purchase of property to be used for school purposes and building and equiping proper school-houses. Before issuing said bonds, and after an election has been held, at which two-thirds of the qualified voters of said city voted for public schools, as provided in

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section 2nd of this Act, said question as to the issuance of said bonds shall be submitted to the voters of the city of Newnan on a day to be designated by the board of education, notice of which election shall be published by the secretary and treasurer of the board of education in a newspaper, published in said city, fifteen days before the day of election. The same qualifications shall apply to the voters as provided in section ii 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-third majority of the qualified voters of said city shall vote for bonds, the mayor and aldermen shall 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 seven, section seven, paragraph 2nd of the constitution of this State. Bonds to be issued. Amount, etc. Interest. Use of proceeds. Election as to bonds. Notice of. Ballots. Result of election. Payment of bonds. Sec. X. Be it further enacted , That said board of education shall when they deem it necessary, make an estimate of the amount needed to purchase school property and build and equip the necessary school-houses, and this estimate, when reported to the mayor and aldermen, shall be raised by the issuance of bonds hereinbefore provided for, which shall be paid by the mayor and aldermen to the board of education. Estimate, bonds and payment therefrom. Sec. XI. Be it further enacted , That the laws regulating the manner of holding and conducting elections of the mayor and aldermen of the city of Newnan, as applicable and not in conflict with anything in this Act, shall govern and control in the elections herein provided for. The managers of each election provided for in this Act shall count the votes and return all papers to the mayor and aldermen, who shall declare the result, certify to the same, and publish it one time in a newspaper published in the city of Newnan. Before declaring and certifying to the result for publication, said mayor and aldermen shall wait until 12 o'clock m. on the day after the election, and if no notice of contest is given by that time no contest shall be had. If notice of contest is given as above allowed the contest shall be heard by said mayor and aldermen, who shall hear and determine the same and declare and publish the result as above stated. Regulations for election. Returns. Declaration of result. Contest. Sec. XII. Be it further enacted , That the board of education shall receive such compensation, if any, as the mayor and aldermen may fix, but said board of education shall fix the compensation of the secretary and treasurer of the board. Compensation of board. Of secretary and treasurer. Sec. XIII. Be it further enacted , That in determining the question whether or not two-thirds of the qualified voters in said city voted in favor of either of the propositions allowed to be submitted under this Act as to issuance of bonds or as to

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establishing and taxing to support a system of public schools, the tally-sheets of the election held in said city for the election of aldermen or mayor and aldermen just preceding such election under this Act shall be taken as a prima facie correct enumeration of the qualified voters thereof. Determining sufficiency of vote. Sec. XIV. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 27th, 1886.

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Part IV.Private Laws. TITLE I. ACT. For relief of sureties of John Pendergrass. FOR RELIEF OF SURETIES OF JOHN PENDERGRASS. No. 36. An Act to release A. H. Pendergrass and D. L. Hancock, sureties on the penal bond of John Pendergrass, and for other purposes. Whereas, On the day of February, 1886, a final judgment of forfeiture of the bond of John Pendergrass was entered against said sureties, to-wit, A. H. Pendergrass and D. L. Hancock, said John Pendergrass being charged with the offense of assault with intent to murder, in the Superior Court of the county of Jackson; and Preamble. Whereas, Said John Pendergrass was providentially hindered from appearing at said court when said judgment was entered; and Whereas, Said John Pendergrass, since said judgment was rendered forfeiting said bond as aforesaid, has voluntarily surrendered himself to the Sheriff of said county of Jackson, has given a new and sufficient bond for his appearance at said court to answer said charge, and did, at the last August term, 1886, of said court appear and announce ready for trial, when said case was continued by the State; and Whereas, The Solicitor-General and the other officers of the court are proceeding against the said securities to collect the principal and costs on said bond; and

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Whereas, It would be inequitable and unjust to permit the collection of said judgment against said 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 the said A. H. Pendergrass and D. L. Hancock, 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, and said judgment is hereby declared to be void and of no binding force except as to said costs. Sureties on bond of John Pendegrass relieved. Except as to costs. 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 21st, 1886.

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Part V.RESOLUTIONS.

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Prolonging session. As to refunding of cotton tax. As to finishing business of the session. Providing for printing, etc., of acts and resolutions of the session. Fixing day of adjournment and re-assembling of General Assembly. For the relief of H. J. Adams, Treasurer North Georgia Conference. For the relief of the [UNK]tna Life Insurance Company. PROLONGING SESSION. No. 1. 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 prolonged beyond forty days. Approved December 10th, 1886. AS TO REFUNDING OF COTTON TAX. No. 2. Whereas, Sixty-eight millions of dollars collected unlawfully from the cotton planters of the Southern States as a special tax upon cotton in the years 1865, 1866 and 1867 is lying idle in the treasury of the United States for the want of constitutional authority to dispose of the same; and Preamble. Whereas, The Cotton Planters' Association of America is now making a determined effort to have this money returned to the planters, or their legal representatives; and Whereas, About eight millions of the said money rightfully belonged to the planters of Georgia: therefore Be it resolved by the General Assembly of the State of Georgia , That our Senators and Representatives in Congress be, and they are hereby requested to use every effort possible to have the said

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sum of money paid over to the true owners of the same, or their legal representatives. Congressmen urged to effect refunding of cotton tax. Resolved further , That a copy of these resolutions be furnished our Senators and Representatives in Congress. Copy for Approved December 14th, 1886. AS TO FINISHING BUSINESS OF THE SESSION. No. 3. Resolved by the Senate, the House concurring , That the President and Secretary of the Senate and Speaker and Clerk of the House be, and they are hereby authorized to remain over at the capital after adjournment for the recess and to fix their signatures to all Acts and resolutions passed within forty-eight hours after the adjournment. Officers authorized to remain and finish business. Be it also resolved , That two members of the Enrolling Committees of each House and two of the Auditing Committees of each House be authorized to remain for three days after adjournment to bring up the unfinished business of this session, and that the Secretary of the Senate and Clerk of the House be also allowed three days to bring up the unfinished business of the present session, and that each of the above-named officers and members of the General Assembly be authorized to draw the per diem allowed by law. Also members of the enrolling and auditing committees. Time allowed Secretary of Senate and Clerk of House to finish business. Compensation. Approved December 22d, 1886. PROVIDING FOR PRINTING, ETC., OF ACTS AND RESOLUTIONS OF THE SESSION. No. 4. Be it resolved by the Senate and House of Representatives of the General Assembly of the State of Georgia: 1st. That so soon as the present session of the General Assembly shall be adjourned to such day in the year 1887 as may be designated by joint resolution, and it shall be the duty of the commissioners of public printing of this State to proceed at once to have printed and bound, as now provided by law, all the Acts, public and general, as well as private and local, and also all resolutions passed and adopted at the present session of the General Assembly and approved by the Governor when his approval is necessary to the validity of such Acts or resolutions. Acts and resolutions to be printed and bound at once.

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2nd. Be it further resolved , That the number of volumes of said Acts and resolutions to be so printed and bound, as herein provided, shall be four thousand and that said Acts and resolutions so printed and bound shall be distributed and disposed of as now provided by law. Number and distribution of volumes. Approved December 22nd, 1886. FIXING DAY FOR ADJOURNMENT AND RE-ASSEMBLING OF GENERAL ASSEMBLY. No. 5. Resolved by the Senate and House of Representatives , That on the 22nd day of December, 1886, at one o'clock p. m., the General Assembly do take a recess until the first Wednesday in July, 1887, to re-convene on that day at ten o'clock a. m. for the purpose of finishing the public business. Adjournment on Dec. 22, 1886. Until 1st Wednesday in July, 1887. Approved December 22nd, 1886. FOR THE RELIEF OF H. J. ADAMS, TREASURER NORTH GEORGIA CONFERENCE. No. 6. A resolution for the relief of H. J. Adams, treasurer of the North Georgia Conference of the Methodist Episcopal Church, South. Whereas, Lot of land number 285 in 14th district of originally Early, now Decatur county, Georgia, was deeded by J. P. Radford, of Morgan county, Georgia, to the Methodist Episcopal Church, South, in Georgia, which is, represented now, since the division in Georgia into the North Georgia and South Georgia Conference, by H. J. Adams, treasurer; and Preamble. Whereas, Owing to a mistake of the testator in placing the land in Early county while it really lies in Decatur county, the taxes were paid till 1882 in Early county, and their being refused late in the year by the Tax Collector of Early county, it was sold by the Sheriff of Decatur county for taxes without the knowledge of said H. J. Adams for the sum of one hundred and ten dollars, which amount, less the cost and taxes, which was ten dollars and ninety-three cents, was paid into the State treasury:

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Therefore be it resolved by the House of Representatives, the Senate concurring , That his Excellency the Governor be, and he is hereby authorized to draw his warrant on the State treasurer for the sum of ninety-nine dollars and seven cents to be paid H. J. Adams, treasurer of the North Georgia Conference of the Methodist Episcopal Church, South. Amount to be paid raised from sale of certain bonds for taxes. Approved December 22d, 1886. RELIEF OF THE [UNK]TNA LIFE INSURANCE COMPANY. No. 7. A resolution for the relief of the [UNK]tna Life Insurance Company, of Hartford, Connecticut. Whereas, The [UNK]tna Life Insurance Company, of Hartford, Connecticut, began to do business in this State on the day of March, 1886, having first complied with the law in every respect; and Preamble. Whereas, Said company did not make any semi-annual report to the Governor on July 1st, 1886, as provided for in 2843 (a) of the Code of 1882; and Whereas, For such failure the Comptroller-General of the State did, on the day of September, 1886, recall and cancel the license of said company to do business in this State; and Whereas, The failure to make such statement was not occasioned by the negligence of said company or its officers, but was due to the fact that they were informed that it was their duty to make such statement, though they applied to the Comptroller-General for information relative to the requirements of the laws as to their duties; and Whereas, Said company had not done business in this State for six months next preceding July 1st, 1886, and was not required under the law to make such statement on July 1st, 1886: be it therefore Resolved by the General Assembly of the State of Georgia , That the [UNK]tna Life Insurance Company, of Hartford, Connecticut, be, and the same is hereby relieved from said penalty and forfeiture of its license, and that the Comptroller-General do issue to it license to do business in this State upon its filing such statement with the Governor and otherwise complying with the law. Relieved from penalty for failure to make semiannual returns. To have license. Approved December 23rd, 1886.

INDEX .
INDEX TO PUBLIC LAWS. (For Index to Corporations, see Part II. of this Index.) A. APPROPRIATIONS Acts, binding enrolled, 13 Agricultural department, 11 Capitol building, for new, 12 Contingent fund, 11 Executive department, salaries, etc., 8 General Assembly, compensation of, 8 General Assembly, stationery, etc., 12 Government, appropriations for support of, 7 Judicial department, salaries of, 9 Lunatic Asylum, for trustees of, 10 Penitentiary, for officers of, 10 , 11 Printing fund, 11 Public buildings, etc., 11 Public institutions, for support of, 9 , 10 Railroad Commission, etc., 11 , 12 State debt, 10 State Librarian's assistant, 12 Taylor, J. T., for indexing journals, 13 Willis, Elbert, for artificial leg, 13 B. BERRIEN COUNTY Terms of Superior Court changed, 36 C. CAPITOL BUILDING Tax for new for 1887 and 1888, 23 CODE AMENDMENTS Section 4533, defining incest, amended, 30 COLQUITT COUNTY Terms of Superior Court changed, 36

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D. DeKALB COUNTY Terms of Superior Court changed, 35 F. FOREIGN WILLS Probate of in this State, 32 FULTON COUNTY Act ceding land in to United States Government amended, 37 I. INCEST Definition of in Code, section 4533 amended, 30 J. JUDGES OF SUPERIOR COURTS Two or more presiding at the same time in certain counties, 34 P. PAULDING COUNTY Fall term of Superior Court changed, 36 PILOTAGE General law concerning, 38 PROBATE Of foreign wills in this State, 32 PROVIDENT SAVINGS LIFE ASSURANCE SOCIETY OF NEW YORK CITY Relief from penalty for failing to make returns, 42 S. STATE GOVERNMENT Appropriations for support of for 1887 and 1888, 7 STATE TAXES General Tax Act for 1887 and 1888, 14 New Capitol for 1887 and 1888, 23 Returns for, 24 STENOGRAPHER For Supreme Court, 31 SUPERIOR COURTS Berrien and Colquitt, terms changed, 36 DeKALB Terms changed, 35

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PAULDING Fall term changed, 36 Two or more Judges of presiding at same time in certain counties, 34 T. ?? TAYLOR, J. T ?? Appropriation to for indexing journals, 13 TAXES General Tax Act for 1887 and 1888, 14 New Capitol for 1887 and 1888, 23 Returns for, 24 U. UNITED STATES Act ceding land to in Fulton county amended, 37 W. WILLIS, ELBERT Appropriations for artificial leg, 13 WILLS Probate of foreign in this State, 32

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PART II.Corporations. BANKS, LOAN AND TRUST COMPANIES Amending charter Atlanta Loan and Banking Company, 46 Incorporating Oglethorpe Savings and Trust Company, 49 Incorporating Capital City Land Improvement and Banking Company of Atlanta, Georgia, 59 Incorporating the Commercial Bank of Atlanta, Georgia, 61 Incorporating the Bank of Stewart County, 63 Incorporating the Merchants' Bank of Rome, Georgia, 67 Incorporating the Douglasville Banking Company, 71 Incorporating the Elberton Loan and Savings Bank, 75 Incorporating the Neal Loan and Banking Company, 78 Incorporating the State Bank of Gainesville, 80 Incorporating the Germania Loan and Banking Company, 85 Incorporating the Athens Loan and Banking and Savings Association, 87 Incorporating the Exchange Bank of Athens, Georgia, 93 EXPRESS, TELEGRAPH AND TELEPHONE COMPANIES Commercial Telegraph Company chartered, 213 Ellijay Telephone Company chartered, 211 North Georgia Telegraph Company, chartered, 209 Southern Express Company re-incorporated, 207 MANUFACTURING AND GAS COMPANIES Eagle and Ph[UNK]nix Manufacturing Company, of Columbus, Georgia, charter amended, 217 Macon Gas-light and Water Company, charter amended, 218 Macon Gas-light and Water Company, charter amended, 216 RAILROAD COMPANIES Americus, Preston and Lumpkin Railroad Company, chartered, 180 Athens and Jefferson Railroad Company, charter amended, 165 Atlanta and Alabama Railway Company, chartered, 191 Atlanta and Asheville Railroad Company, chartered, 174 Atlanta and Edgewood Street Railroad Company, chartered, 162 Atlanta and Hawkinsville Railroad Company, chartered, 102 Atlanta, Mississippi and Atlantic Railway Company, chartered, 112 Atlantic, Birmingham and Great Western Railway Company, chartered, 120 Augusta and Chattanooga Railroad and Banking Company, chartered, 129

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Austell Street Railroad Company, chartered, 205 Cartersville and Gainesville Air - Line Railroad Company, chartered, 176 Columbus and Florida Railway Company, charter amended, 194 Darien Short-Line Railroad Company, charter amended, 156 Deep Water Railroad Company, chartered, 156 Georgia, Carolina and Northern Railway Company, chartered, 105 Georgia, Midland and Gulf Railroad Company, charter amended, 170 Griffin, LaGrange and Western Railroad Company, chartered, 182 Macon, City and Suburban Street Railroad Company, charter amended, 145 Macon, LaGrange and Birmingham Railroad Company, chartered, 115 Marietta and North Georgia Railroad Company, charter amended, 142 Miller, E. W., and others, rights granted to, under general railroad law, confirmed, 140 Rome and Carrollton Railroad Company, charter amended, 137 Rome and Decatur Railroad Company, charter amended, 166 Rome and Decatur Railroad Company, charter amended, 171 Rome and Decatur Railroad Company, charter amended, 173 Rome and Northeast Railroad Company, chartered, 124 Salt Springs and Bowdon Lithia Railroad Company, chartered, 153 Salt Springs and North and South Railroad Company, chartered, 148 Savannah and Jacksonville Air-line Railroad Company, chartered, 160 Tallahassee, Bainbridge and Western Railway Company, chartered, 146 Thomasville Street Railroad Company, chartered, 167 Washington and Elberton Railway Company, chartered, 198 West End and East Point Street Railroad Company, chartered, 168

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PART III.Local Laws. A. ATLANTA Charter amended as to issue of new bonds, 237 Charter amended, examinations of public officers, etc., 239 Charter amended, street improvements, 243 City Court of, salary of Judge increased, 275 C. CALHOUN COUNTY Clerk to county commissioners, 263 CARROLLTON System of public schools for, 306 CHATHAM COUNTY Free school fund for, law amended, 309 CHATTOOGA COUNTY Election as to road law in, 297 COLUMBUS City Court of, Act creating amended, 276 Corporate limits extended, 248 CRAWFORD COUNTY Stock law for 529th district, G. M., 303 D. DECATUR COUNTY Registration law for, 293 DeKALB COUNTY Commissioners of roads, etc., created for, 258 DOUGHERTY COUNTY Stock law for portion of, 301 DOUGLAS COUNTY County Court abolished, 273 E. EFFINGHAM COUNTY Game law for amended, 282 Registration law for repealed, 288

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ELBERT COUNTY Registration law for repealed, 292 EMORY COLLEGE Charter amended, 311 F. FORT VALLEY Public school building for, 256 G. GREENESBORO Town of, charter amended as to school-houses, 244 GORDON COUNTY Public school term extended, 311 H. HALL COUNTY City Court of, abolished, 275 Commissioners of roads, etc., for, created, 265 HARRISON Town of, incorporated, 233 HEPHZIBAH Charter amended, 254 J. JEFFERSON Town of, charter amended, 236 L. LITTLE OHOOPIE RIVER Fishing in, regulated, 286 M. MACON Charter amended, market-house for, etc., 224 Charter amended, as to funding bonded debt, 227 Charter amended, contract for water supply, 242 MARSHALLVILLE Town of, charter amended, 233 McDONOUGH Town of, charter amended, 231

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MUSCOGEE COUNTY Registration law for, amended, 295 N. NEWNAN Public school system for, 312 NEWTON COUNTY Act abolishing County Court, repealed, 281 O. OCONEE COUNTY Act consolidating various county offices, repealed, 263 P. PULASKI COUNTY Commissioners of roads, etc., created, 261 Game law for, 283 R. RICHMOND COUNTY Commissioner of roads, etc., ex officio , salary, 264 Game law for, 283 S. SALT SPRINGS Town of, charter amended, 230 SOCIAL CIRCLE Town of, charter amended, 250 SPALDING COUNTY Registration law for, repealed, 287 STEWART COUNTY Fees of sheriff and jailer of, 268 T. TALBOTTON Liquor license in, 244 TAYLOR COUNTY Commissioners of roads, etc., abolished, 260

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W. WASHINGTON COUNTY Little Ohoopie river in, fishing regulated, 286 Registration law for amended, 288 WEST END Charter amended, 238 WHITFIELD COUNTY Act creating County Commissioners amended, 267 Road law amended, 299 WILCOX COUNTY Act creating County Commissioners amended, 269 PART IV.Private Laws. PENDERGRASS, JNO. Relief of sureties on his penal bond, 319

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PART V.Resolutions. Prolonging session, 323 As to refunding cotton tax, 323 As to finishing business of session, 324 Printing, etc., of Acts and Resolutions of the session, 324 Fixing adjournment and re-assembling of General Assembly, 325 Relief of H. J. Adams, treasurer, North Georgia Conference, 325 Relief [UNK]tna Life Insurance Company, 326

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SUPERIOR COURT CALENDAR. [ Revised for 1887 by W. H. Harrison .] ALBANY CIRCUIT. B. B. Bower, Judge; W. N. Spence, Solicitor-General. BakerFirst Monday in May and November. CalhounSecond Monday in June and December. DecaturSecond and third Monday in May and November. DoughertyFirst, second and third Monday in April and October. MitchellThird and fourth Monday in March and fourth Monday in November. WorthFourth Monday in April and October. ATLANTA CIRCUIT. M. J. Clarke, Judge; C. D. Hill, Solicitor-General. FultonFirst Monday in March and September. AUGUSTA CIRCUIT. H. C. Roney, Judge; Boykin Wright, Solicitor-General. BurkeThird Monday in May and November. ColumbiaFourth Monday in March and September. McDuffieThird Monday in March and September. RichmondThird Monday in April and October. BLUE RIDGE CIRCUIT. Jas. R. Brown, Judge; Geo. F. Gober, Solicitor-General. CherokeeFourth Monday in February and second Monday in September. CobbSecond and third Monday in March and third and fourth Monday in November. DawsonThird Monday in April and second Monday in September. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in February and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in February and third Monday in August. PickensFourth Monday in April and September. BRUNSWICK CIRCUIT. Spencer R. Atkinson, Judge; J. I. Carter, Solicitor-General. ApplingSecond Monday in March and October. CamdenTuesday after fourth Monday in April and November. CharltonTuesday after third Monday in April and November. ClinchFirst Monday in March and October. CoffeeTuesday after second Monday in April and November. GlynnFirst Monday in May and December. PierceFourth Monday in March and October. WareFirst Monday in April and November. WayneThird Monday in March and October. CHATTAHOOCHEE CIRCUIT. J. T. Willis, Judge; James H. Worrill, Solicitor-General. ChattahoocheeFourth Monday in March and September. HarrisSecond Monday in April and October. MarionFourth Monday in April and October. MuscogeeSecond Monday in May and November. TalbotSecond Monday in March and September. TaylorFourth Monday in February and August.

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CHEROKEE CIRCUIT. J. C. Fain, Judge; J. W. Harris, Jr., Solicitor-General. BartowSecond Monday in January and July. CatoosaSecond Monday in February and August. DadeThird Monday in March and September. GordonFourth Monday in February and August. MurrayThird Monday in February and August. WhitfieldFirst Monday in April and October. COWETA CIRCUIT. S. W. Harris, Judge; H. M. Reid, Solicitor-General. CampbellFirst Monday in February and August. CarrollFirst Monday in April and October. CowetaFirst Monday in March and September. DouglasThird Monday in January and July. FayetteThird Monday in March and September. HeardFourth Monday in March and September. MeriwetherThird Monday in February and August. TroupThird Monday in April and first Monday in November. EASTERN CIRCUIT. A. P. Adams, Judge; F. G. DU Bignon, Solicitor-General. ChathamFirst Monday in March, June and December. BryanFirst Monday in May and November. EffinghamSecond Monday in May and November. McIntoshFourth Monday in May and November. LibertyThird Monday in May and November. FLINT CIRCUIT. James S. Boynton, Judge; E. Womack, Solicitor-General. ButtsSecond Monday in March and September. HenryThird Monday in April and October. MonroeFourth Monday in February and August. NewtonThird Monday in March and September. PikeFirst Monday in April and October. RockdaleThird Monday in February and August. SpaldingFirst Monday in February and August. UpsonFirst Monday in May and November. MACON CIRCUIT. T. J. Simmons, Judge; J. L. Hardeman, Solicitor-General. CrawfordThird Monday in March and September. HoustonFirst Monday in April and October. BibbFourth Monday in April and October. MIDDLE CIRCUIT. James K. Hines, Judge; Oscar H. Rogers, Solicitor-General. BullochFourth Monday in April and October. EmanuelThird Monday in April and first Monday in November. JeffersonSecond Monday in May and November. JohnsonFourth Monday in March and September. ScrevenThird Monday in May and November. TattnallSecond Monday in April and October. WashingtonFirst Monday in March and September. NORTHEASTERN CIRCUIT. C. J. Wellborn, Judge; Howard Thompson, Solicitor-General. HallThird Monday in February and August. HabershamFirst Monday in March and September. RabunThird Monday in March and September. TownsFourth Monday in March and September. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October. UnionFirst Monday in April and October. NORTHERN CIRCUIT. Samuel Lumpkin, Judge; W. M. Howard, Solicitor-General. ElbertSecond Monday in March and September. GlascockThird Monday in February and August. HancockSecond Monday in April and October. HartThird Monday in March and September. LincolnFourth Monday in April and October. MadisonFirst Monday in March and September. OglethorpeThird Monday in April and October. TaliaferroFourth Monday in February and August. WarrenFirst Monday in April and October. WilkesFirst Monday in May and November. OCMULGEE CIRCUIT. Wm. F. Jenkins, Judge; Robert Whitfield, Solicitor-General. BaldwinThird Monday in January and July. GreeneSecond Monday in March and September. JasperFourth Monday in April and October. JonesThird Monday in April and October. MorganFirst Monday in March and September. PutnamThird Monday in March and September. WilkinsonFirst Monday in April and October. OCONEE CIRCUIT. C. C. Kibbee, Judge; C. C. Smith, Solicitor-General. DodgeFourth Monday in February and August. DoolySecond and third Monday in March and September. IrwinTuesday following Monday after the fourth Monday in March and September. LaurensFourth Monday in January and July. MontgomeryFourth Monday in April and October. PulaskiThird Monday in May and November. TelfairTuesday after third Monday in April and October. TwiggsSecond Monday in April and October. WilcoxFourth Monday in March and September. PATAULA CIRCUIT. J. T. Clarke, Judge; J. H. Guerry, Solicitor-General. ClayFourth Monday in March and September. EarlyFirst and second Monday in April and October. MillerThird Monday in April and October. QuitmanThird Monday in March and September. RandolphFirst and second Monday in May and November. TerrellFourth Monday in May and November, and holds two weeks. ROME CIRCUIT. John W. Maddox, Judge; C. T. Clements, Solicitor-General. ChattoogaFirst Monday in March and September. FloydFourth Monday in March and September, and holds four weeks, longer if necessary. PauldingFirst Monday in January and August. PolkSecond Monday in February and August, and holds two weeks. HaralsonThird Monday in January and July, and holds two weeks. WalkerLast Monday in February and August. SOUTHERN CIRCUIT. Augustin H. Hansell, Judge; D. W. Rountree, Solicitor-General. BerrienThird Monday in March and second Monday in October. BrooksFirst Monday in May and November. ColquittFirst Monday in April and October. EcholsSecond Monday in March and fourth Monday in September. LowndesThird Monday in May and November. ThomasThird week in April and October. SOUTHWESTERN CIRCUIT. Allen Fort, Judge; C. B. Hudson, Solicitor-General. LeeSecond Monday in March and November. MaconSecond Monday in May and fourth Monday in November. SchleyFourth Monday in March and September. StewartFourth Monday in April and October. [Illegible Text]Second Monday in April and October. [Illegible Text] Monday in April and October. STONE MOUNTAIN CIRCUIT. Richard H. Clark, Judge; H. C. Jones, Solicitor-General. ClaytonFirst Monday in March and September. DeKalbSecond Monday in February and August. WESTERN CIRCUIT. N. L. Hutchins, Judge; E. T. Brown, Solicitor-General. BanksThird Monday in March and September. ClarkeSecond, third and fourth Monday in April and October. OconeeFourth Monday in January and July. FranklinFourth Monday in March and September. GwinnettFirst and second Monday in March and first and second Monday in September. Jackson - First and second Monday in February and August. WaltonSecond and third Monday in February and August. SUPREME COURT OF GEORGIA. LOGAN E. BLECKLEY, Chief Justice. Term until Meeting of General Assembly. SAMUEL HALL, Associate Justice. Term to January 1, 1889. M. H. BLANDFORD, Associate Justice. Term to January 1, 1891. Z. D. HARRISON, Clerk. J. H. LUMPKIN, Reporter. J. M. GRAHAM, Stenographer. J. W. VAUGHAN, Sheriff. Terms begin First Monday in March and October.